[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Proposed Rules]
[Pages 16017-16021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07678]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0111; FRL-9976-03--Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
2008 8-Hour Ozone Maintenance Plan Revision for Baton Rouge

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a State

[[Page 16018]]

Implementation Plan (SIP) revision submitted by the State of Louisiana 
on January 31, 2018, revising the 2008 8-hour ozone maintenance plan 
and requesting a relaxation of the Federal Reid Vapor Pressure (RVP) 
requirements for the five-parish Baton Rouge area. EPA is proposing to 
determine that the relaxation of the RVP requirement would not 
interfere with attainment or maintenance of the NAAQS or with any other 
CAA requirement.

DATES: Written comments must be received on or before May 14, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0111, at http://www.regulations.gov or via email 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Ms. Wendy Jacques, (214) 
665-7395, [email protected]. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Wendy Jacques, (214) 665-7395, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Wendy Jacques or Mr. Bill Deese at 
214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

A. The Baton Rouge Area and Requirements for Low RVP Gasoline

    In 2008 we revised the 8-hour ozone NAAQS from 0.08 part per 
million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008.) The Baton 
Rouge area, consisting of five parishes (Ascension, East Baton Rouge, 
Iberville, Livingston, and West Baton Rouge), was designated 
nonattainment for the 2008 ozone NAAQS (77 FR 30088, May 21, 2012). In 
2016 we approved a SIP revision to provide for maintenance of the NAAQS 
in the area (maintenance plan) and redesignated the area to attainment 
(81 FR 95051, December 27, 2016). Among the air pollution controls 
included in the maintenance plan was the continued use of low RVP 
gasoline in the area.
    On April 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Under CAA section 211(c), EPA promulgated regulations on March 22, 1989 
(54 FR 11868) that set maximum limits for the RVP of gasoline sold 
during the regulatory control periods that were established on a state-
by-state basis in the final rule. On June 11, 1990 (55 FR 23658), EPA 
promulgated more stringent volatility controls establishing maximum RVP 
standards of 9.0 pounds per square inch (psi) or 7.8 psi (depending on 
the state, the month, and the area's initial ozone attainment 
designation with respect to the 1-hour ozone NAAQS).

B. Revision to the Baton Rouge Area Maintenance Plan for the 2008 Ozone 
NAAQS

    The December 12, 1991 (56 FR 64704), Phase II rulemaking explains 
that EPA believes that relaxation of an applicable RVP standard is best 
accomplished in conjunction with the redesignation process. In order 
for an ozone nonattainment area to be redesignated as an attainment 
area, section 107(d)(3) of the Act requires the state to make a 
showing, pursuant to section 175A of the Act, that the area is capable 
of maintaining attainment for the ozone NAAQS for ten years after 
redesignation. Depending on the area's circumstances, this maintenance 
plan will either demonstrate that the area is capable of maintaining 
attainment for ten years without the more stringent volatility standard 
or that the more stringent volatility standard may be necessary for the 
area to maintain its attainment with the ozone NAAQS. Therefore, in the 
context of a request for redesignation, EPA will not relax the 
volatility standard unless the state requests a relaxation and the 
maintenance plan demonstrates, to the satisfaction of EPA, that the 
area will maintain attainment for ten years without the need for the 
more stringent volatility standard.
    Louisiana did not request relaxation of the applicable 7.8 psi 
federal RVP standard when the Baton Rouge area was initially 
redesignated to attainment for the 2008 8-hour ozone NAAQS. Louisiana 
is now requesting that EPA relax the federal 7.8 psi RVP requirement 
for the Baton Rouge area by approving its revised maintenance plan that 
includes modeling demonstrating the continuous attainment of the 2008 
8-hour ozone NAAQS without the RVP requirement.

II. The EPA's Evaluation

A. Demonstration That the 2008 Ozone NAAQS Will Continue To Be 
Maintained in the Baton Rouge Area

    On January 31, 2018, Louisiana submitted a SIP revision making 
changes to the maintenance plan for the Baton Rouge area. This revision 
demonstrates that the relaxation of the 7.8 psi federal RVP requirement 
would have no impact on maintaining the 2008 8-hour NAAQS. Louisiana's 
analysis utilized EPA's 2014 Motor Vehicle Emissions Simulator 
(MOVES2014a) emission modeling system to project revised on-road and 
non-road mobile source emission inventories for the 2011 base year and 
future years 2022 and 2027.
    Table 1 below is a comparison of daily nitrogen oxide 
(NOX) and volatile organic compounds (VOC) emissions in 
2011, 2022, and 2027 for on-road, non-road, point, and non-point 
sectors of the five parish Baton Rouge area. Relative changes are shown 
for the Maintenance Plan (MP) Inventory from 2011 to 2022 and 2027, the 
updated inventory (UI) and the relaxed 9.0 psi RVP scenario inventory 
for the same years.

[[Page 16019]]



         Table 1--Comparison of Daily NOX and VOC Emissions, tons per day (tpd) in 2011, 2022, and 2027
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                                         2011                     2022                          2027
                                 -------------------------------------------------------------------------------
                                     MP      UI/7.8      MP      UI/7.8    UI/9.0      MP      UI/7.8    UI/9.0
----------------------------------------------------------------------------------------------------------------
NOX:
    On-road +...................      38.4      37.5      14.4      10.8      10.8      11.0       6.8       6.8
    Non-road +..................      27.3      28.1      12.6      18.5      18.5      15.2      15.3      15.3
    Nonpoint *..................      17.1      17.1      17.9      17.9      17.9      17.9      17.9      17.9
    Point *.....................      74.2      74.2      74.2      74.2      74.2      74.2      74.2      74.2
                                 -------------------------------------------------------------------------------
        Total...................     157.0     156.9     119.1     121.3     121.4     118.3     114.2     114.2
% Difference from 2011..........  ........  ........    -24.1%    -22.7%    -22.7%    -24.6%    -27.2%    -27.2%
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VOC:
    On-road +...................      19.2      19.0      13.0      10.3      10.5      11.4       7.9       8.1
    Non-road +..................       8.7      10.3       6.5       6.3       6.6       6.1       6.1       6.4
    Nonpoint *..................      82.6      82.6      90.5      90.5      90.5      92.7      92.7      92.7
    Point *.....................      33.6      33.6      33.6      33.6      33.6      33.6      33.6      33.6
                                 -------------------------------------------------------------------------------
        Total...................     144.1     145.5     143.6     140.7     141.2     143.8     140.3     140.8
% Difference from 2011..........  ........  ........     -0.3%     -3.3%     -2.9%     -0.2%     -3.5%     -3.2%
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* Average annual day emissions from the Maintenance Plan.
+ Average August day emissions estimated with MOVES; average annual day emissions for non-road ALM and 2011
  NEIv2.

    Louisiana's analysis shows consistent decreases in the Maintenance 
Plan inventory from 2011 to both future years for NOX and 
VOC. The updated NOX inventory shows a smaller 2011-2022 
reduction of 23 percent, but a larger 2011-2027 reduction of 27 percent 
than the Maintenance Plan inventory. The updated VOC inventory shows a 
larger reduction of 3.3-3.5 percent for 2022 and 2027 years than the 
existing Maintenance Plan inventory. The 9.0 psi RVP scenarios in 2022 
and 2027 indicate no change in NOX and only a small change 
of 0.2-0.3 percent increase in VOC.

B. Demonstration That Motor Vehicle Emissions Budgets (MVEBs) Are 
Approvable

    The maintenance plan creates MVEBs for criteria pollutants and/or 
their precursors to address pollution from cars and trucks. The MVEB is 
the amount of emissions allowed in the State Implementation Plan (SIP) 
for on-road motor vehicles; it establishes an emissions ceiling for the 
regional transportation network. The previously approved Maintenance 
Plan established MVEBs for the Baton Rouge area for the years 2022 and 
2027. Using the MOVES2014a model and evaluating the 9.0 psi RVP 
scenarios in 2022 and 2027, the average daily on-road NOX 
and VOC tpd emissions are less than the previously approved budgets. 
Table 2 below is a comparison of these on-road emissions projections.

                              Table 2--Comparison of Baton Rouge On-Road Emissions
                                                      [tpd]
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                                                               2022                            2027
                      Year                       ---------------------------------------------------------------
                                                        7.8           UI/9.0            7.8           UI/9.0
----------------------------------------------------------------------------------------------------------------
NOX.............................................         * 14.37           10.78         * 10.95            6.79
VOC.............................................         * 13.19           10.52         * 11.55            8.09
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* MVEBs approved 12/27/2016 (81 FR 95051).

    The Transportation Conformity Rule at 40 CFR 93.101 defines a 
``safety margin'' as an amount by which the total projected emissions 
from all sources of a given pollutant are less than the total emissions 
that would satisfy the applicable requirement for reasonable further 
progress, attainment, or maintenance. This would represent emission 
reductions of a given pollutant in the SIP beyond those needed to 
demonstrate maintenance. The available safety margin, once quantified, 
may be allocated towards projected on-road emissions to establish MVEBs 
for purposes of conformity. The State has demonstrated that the total 
revised NOX and VOC emissions in 2022 and 2027 are less than 
those emissions in the 2011 base year, and has quantified the total 
available safety margin for each pollutant. The calculated safety 
margin amounts are as follows: NOX 35.5 tpd/VOC 4.3 tpd for 
2022 and NOX 42.7 tpd/VOC 4.7 tpd for 2027. Table 3 below 
summarizes the average daily on-road NOX and VOC emissions 
added to the revised 2022 and 2027 on-road inventories to result in the 
MVEB levels recommended.

                    Table 3--Safety Margin Allocation
------------------------------------------------------------------------
                                               2022            2027
                                         -------------------------------
                                            UI/9.0 RVP      UI/9.0 RVP
------------------------------------------------------------------------
NOX:
    On-road (tpd).......................            10.8             6.8

[[Page 16020]]

 
    Allocated safety margin (tpd).......            3.57            4.15
    MVEB (tpd)..........................           14.37           10.95
VOC:
    On-road (tpd).......................            10.5             8.1
    Allocated safety margin (tpd).......            2.69            3.45
    MVEB (tpd)..........................           13.19           11.55
------------------------------------------------------------------------

C. Demonstration That the SIP Revision Will Not Interfere With Any 
Other Clean Air Act Requirement

    To support Louisiana's request to relax the federal RVP requirement 
in the Baton Rouge area, the state must demonstrate that the requested 
change will satisfy section 110(l) of the CAA. Section 110(l) requires 
that a revision to the SIP not interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in section 171), or any other applicable requirement of the 
Act. EPA's criterion for determining the approvability of the SIP 
revision is whether the noninterference demonstration associated with 
the relaxation request satisfies section 110(l). The modeling 
associated with Louisiana's previously approved maintenance plan for 
the 2008 8-hour ozone NAAQS is premised upon the 7.8 psi RVP 
requirements. The revised maintenance plan is based on allowing a 
relaxed requirement of 9.0 psi RVP. EPA is proposing approval of the 
revised maintenance plan based on information provided in the revised 
maintenance plan, modeling results and an evaluation of quality assured 
air monitoring data previously reviewed as part of the Baton Rouge 
Nonattainment Area 2008 8-hour Ozone NAAQS Redesignation rulemaking (81 
FR 95051, December 27, 2016).
    The relaxation of the RVP requirement would not impact emission 
levels of any pollutant except VOCs which indirectly could impact ozone 
levels. The updated inventory presented in Table 1 shows that emissions 
for NOX and VOC in 2022 and 2027 remain well below the 
levels of those emissions in 2011 of the approved maintenance plan. 
Because future emissions are well below the level of emissions that 
provided for attainment of the 2008 ozone standard, the revised plan 
continues to provide for maintenance of that standard. Point source and 
non-point source emissions remain unchanged in the revised 
demonstration. On-road emission results show that there is virtually no 
change in the amount of expected NOX emission reductions in 
2022 and 2027 from 2011. Emissions projection modeling indicate a small 
increase in projected VOC emissions in on-road and nonroad categories 
due to the higher gasoline RVP and the elimination of Stage II vapor 
recovery (82 FR 14822). Table 1 shows that the change will result in a 
less than 1% change in projected area VOC emissions. Due to the Baton 
Rouge area being NOX limited, the rate of ozone formation is 
limited by the amount of NOX present rather than the amount 
of VOCs present, it is reasonable to conclude that this small VOC 
increase should not contribute to additional ozone formation. 
Therefore, we find that this revision will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of the Act.

III. Proposed Action

    We are proposing to approve a revision to the Louisiana SIP that 
would modify the Baton Rouge area maintenance plan for the 2008 8-hour 
ozone NAAQS which demonstrates that relaxing the federal RVP 
requirements for gasoline in the Baton Rouge area would not interfere 
with the area's maintenance of the 2008 8-hour ozone NAAQS or any 
applicable requirement of the CAA. We are also proposing to approve the 
2022 and 2027 MVEBs included in this maintenance plan revision. The 
Agency will respond to Louisiana's request to relax the federal RVP 
requirements for gasoline in the Baton Rouge area in a separate 
rulemaking.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an

[[Page 16021]]

Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, the proposed rule does not have tribal 
implications and will not impose substantial direct costs on tribal 
governments or preempt tribal law as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: April 3, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-07678 Filed 4-12-18; 8:45 am]
 BILLING CODE 6560-50-P


