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57332

Federal Register

/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

by the final rule we are correcting,remains 7 a.m. on September 16, 2002.

FOR FURTHER INFORMATION CONTACT

Lieutenant Luis E. Martinez, WaterwaysOversight Branch, Coast GuardActivities New York, at (718) 354

–

4193,or James McLeod, Office of Regulationsand Administrative Law, at 202

–

267

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6233.

SUPPLEMENTARY INFORMATION

Discussion of Correction

The heading of the Safety Zone; EastRiver, Manhattan, NY, final rulepublished September 4, 2002, on page56488 of the

Federal Register

, containedan incorrect regulation identifiernumber. The correct RIN is 2115

–

AA97.To advise the public of this error, we arepublishing this notice of correction.

Correction of Publication

Accordingly, the final rule publishedSeptember 4, 2002, as FR Doc. 02

–

22494, [docket number CGD01

–

090],is corrected as follows: On page 56488,in the heading,

‘‘

RIN 2115

–

AE84

’’

iscorrected to read

‘‘

RIN 2115

–

AA97

’’

Dated: September 4, 2002.

S.G. Venckus,

Chief, Office of Regulations and Administrative Law, United States Coast Guard.

[FR Doc. 02

–

22948 Filed 9

–

02; 8:45 am]

BILLING CODE 4910

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ENVIRONMENTAL PROTECTIONAGENCY40 CFR Parts 58 and 81

[LA

–

7189a; FRL

–

7374

–

Ambient Air Quality Surveillance andDesignation of Areas for Air QualityPlanning Purposes; Louisiana;Modification of Ozone MonitoringSeason and Revisions to GeographicalBoundaries of Air Quality ControlRegions

AGENCY

Environmental ProtectionAgency (EPA).

ACTION

Direct final rule.

SUMMARY

The EPA is taking direct finalaction to revise the geographical boundaries of the three Air QualityControl Regions (AQCRs) in the State of Louisiana, which are the SouthernLouisiana-Southeast Texas AQCR, theShreveport-Texarkana-Tyler AQCR, andthe Monroe-El Dorado AQCR. The EPAis also taking direct final action toshorten the ozone season for theMonroe-El Dorado and Shreveport-Texarkana-Tyler AQCRs, from year-round, to March 1 through October 31.EPA is taking this action in response toa June 12, 1995, letter from the Governorof Louisiana requesting that EPA revisethe AQCR boundaries and ozoneseasons in order to provide for moreeffective and efficient air qualitymanagement in the State of Louisiana.

DATES

This rule is effective onNovember 12, 2002 without furthernotice, unless we receive adversecomment by October 10, 2002. If wereceive such comment, we will publisha timely withdrawal in the

FederalRegister

informing the public that thisrule will not take effect.

ADDRESSES

Written comments on thisaction should be addressed to Mr.Thomas H. Diggs, Chief, Air PlanningSection (6PD

–

L), at the EPA Region 6Office listed below. Copies of documents relevant to this action areavailable for public inspection duringnormal business hours at the followinglocations. Anyone wanting to examinethese documents should make anappointment with the appropriate officeat least 24 hours in advance.Environmental Protection Agency,Region 6, Air Planning Section (6PD

–

L),1445 Ross Avenue, Suite 700, Dallas,Texas 75202

–

2733.Louisiana Department of Environmental Quality, Air QualityDivision, H. B. Garlock Building, 7290Bluebonnet Blvd., Baton Rouge, LA70810.

FOR FURTHER INFORMATION CONTACT

JoeKordzi of the EPA Region 6 AirPlanning Section at (214) 665

–

7186 andat the address above.

SUPPLEMENTARY INFORMATION

Throughout this document wherever

‘‘

we,

’’

‘‘

us,

’’

‘‘

our

’’

is used, we meanthe EPA.

Table of Contents

I. What Action is EPA Taking?II. What are the AQCRs and Ozone Seasonsin Louisiana?III. How is EPA Changing the AQCRBoundaries and Ozone MonitoringSeasons in Louisiana?IV. What is EPA

’

s Authority to Revise AQCRsand Ozone Monitoring seasons?V. How do these Revisions Affect otherStates

’

AQCRs and Ozone Seasons?VI. Is Coordination with the other StatesRequired?VII. How do air Quality Data Support aRevision to the Ozone season in twoLouisiana AQCRs?VIII. Why is this a

‘‘

Final Action?

’’

IX. What Administrative RequirementsApply for this Action?

I. What Action Is EPA Taking?

In this rulemaking, we are approvinga June 12, 1995, request from theGovernor of Louisiana to:1. Revise the geographical boundariesof the three AQCRs in the State, and;2. Shorten the ozone season, for theLouisiana parishes located in two of these AQCRs, from year-round to March1 through October 31.The Governor requested theserevisions to the AQCR boundaries andozone ambient air monitoring seasons inorder to maximize the staff resourcesdedicated to providing air qualitycontrol services to the citizens of theState.

II. What Are the AQCRs and OzoneSeasons in Louisiana?

The three AQCRs in Louisiana are asfollows:AQCR 019

—

Monroe (Louisiana)-ElDorado (Arkansas) Interstate (Codifiedat 40 CFR 81.92)AQCR 022

—

Shreveport-Texarkana-Tyler Interstate (Arkansas-Louisiana-Oklahoma-Texas) (Codified at 40 CFR81.94)AQCR 106

—

Southern Louisiana-Southeast Texas Interstate (Codified at40 CFR 81.53).The ozone monitoring season iscurrently year-round for all threeAQCRs.

III. How Is EPA Changing the AQCRBoundaries and Ozone MonitoringSeasons in Louisiana?

In this rulemaking, we are takingdirect final action to:1. Transfer Avoyelles, Rapides andVernon Parishes from the SouthernLouisiana-Southeast Texas AQCR to theShreveport-Texarkana-Tyler AQCR;2. Transfer Grant Parish from theSouthern Louisiana-Southeast TexasAQCR to the Monroe-El Dorado AQCR;and3. Shorten the ozone season, for theMonroe-El Dorado and Shreveport-Texarkana-Tyler AQCRs, from year-long(January 1 through December 31) toMarch 1 through October 31.

IV. What Is EPA’s Authority To ReviseAQCRs and Ozone Monitoring Seasons?

The EPA designates boundaries of AQCRs under section 107 of the FederalClean Air Act (Act), and codifies themat 40 CFR part 81, subpart B(Designation of Air Quality ControlRegions). A Governor may request,under section 107(e) of the Act, arealignment of the AQCRs in the Stateif the realignment will provide for moreefficient and effective air qualitymanagement.40 CFR 58.13(a)(3) allows EPARegional Administrators to exemptparticular periods or seasons from therequirements to collect ambient airquality data at State and Local Ambient

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57333

Federal Register

/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

On May 14, 1999, the U.S. Court of Appeals forthe District of Columbia Circuit ruled that the 8-hour ozone standard could not be enforced by EPA.Although the Court of Appeals determined that the8-hour standard could not be enforced, it did notvacate the standard. Hence, the 8-hour standardremained in effect. While appealing this decision tothe U.S. Supreme Court, EPA reinstated the one-hour standard in areas where it had been revoked.(65 FR 45182, July 20, 2000). On February 27, 2001,the U.S. Supreme Court upheld the 8-hour standardand instructed EPA to develop an implementationplan for the 8-hour standard that is consistent withthe Supreme Court

’

s opinion.

Whitman

AmericanTrucking Assoc., Inc.,

531 U.S. 457, 121 S. Ct. 903(2001).

‘‘

Guideline for Selecting and Modifying theOzone Monitoring Season Based on an 8-HourOzone Standard (EPA

–

454/R

–

001),

’’

EPA Officeof Air Quality Planning and Standards, dated July9, 1998.

For this review, EPA Region 6 used all availabledata as entered into EPA

’

s Aerometric InformationRetrieval System (AIRS).

Monitoring Stations (SLAMS).Appendix H of 40 CFR part 50 alsomentions such waivers for continuousozone monitoring requirements where itcan be demonstrated that exceedencesof the ozone national ambient air qualitystandards (NAAQS) are extremelyunlikely. Such exemptions or waiverstake the form of a formal change to 40CFR part 58, Appendix D, section 2.5,published as a final rule in the

FederalRegister

by the Regional Administrator.Regional Offices must coordinate withEPA Headquarters on exemptions orwaivers affecting National AmbientMonitoring Stations (NAMS). Either aState, EPA Regional Office, or EPAHeadquarters may initiate the revisionto a State

’

s ozone season.

V. How Do These Revisions AffectOther States

’

AQCRs and OzoneSeasons?

Moving four parishes from theSouthern Louisiana-Southeast TexasAQCR to the northern Louisiana AQCRswill change the overall boundaries forall three interstate AQCRs (019, 022,and 106). However, these changes donot affect to which AQCRs the countiesin Texas, Oklahoma, and Arkansas areassigned. Revising the ozone monitoringseason for those Louisiana parishesassigned to AQCRs 019 and 022 doesnot alter the official monitoring seasonsfor the States of Texas, Arkansas, andOklahoma.

VI. Is Coordination With the OtherStates Required?

A State must obtain permission fromthe Governor of a neighboring State torevise an AQCR if EPA determines thatthe realignment will significantly affectthe air pollution concentrations in theneighboring State. (See section 107(e) of the Act.) We have determined that theLouisiana AQCR realignments will notsignificantly impact air quality in theneighboring States because:1. The four Louisiana parishes beingmoved are currently in compliance withthe one-hour ozone NAAQS, and;2. The affected parishes

’

inventoriesof anthropogenic, or man-made,precursor emissions (

i.e.

, nitrogenoxides and volatile organic compounds)are quite small.Thus, we believe that coordinationwith the neighboring States is notrequired in order to approve thisrevision to the Louisiana AQCR boundaries.As stated above in part IV of thisrulemaking, either a State, EPA RegionalOffice, or EPA Headquarters mayrequest a revision to a State

’

s ozoneseason. Coordination among States isnot required in order for RegionalAdministrators to grant such requestsfor exemption or waiver from therequirements to collect ambient ozoneair quality data. We have determinedthat the revision to the ozonemonitoring season for the northernLouisiana parishes (in AQCRs 019, 022)is appropriate because historical one-and 8-hour ozone data indicate thatozone exceedences are extremelyunlikely to occur outside the months of March through October.

VII. How Do Air Quality Data Supporta Revision to the Ozone Season in TwoLouisiana AQCRs?

The State

’

s request to shorten theozone season, for AQCRs 019 and 022,included an analysis of historical (1987

–

1993) one-hour ozone data collected at both SLAMS and NAMS monitoringsites in Louisiana. As recommended byEPA

’

‘‘

Guideline on Modification toMonitoring Seasons for Ozone (March1990),

’’

we reviewed the monitoringdata submitted to determine thepotential for one-hour ozoneexceedences throughout the year, andconcluded that modification to theozone season, from year-round to March1 through October 31, was appropriate.We also reviewed more recent (1994

–

2001) one-hour ozone data to ensurethat the monitors in northern Louisianahad not exceeded the 1-hour NAAQSoutside the months of March throughOctober since the State had submittedits request.On July 18, 1997, EPA promulgatedthe 8-hour ozone standard (62 FR38856)

. In July 1998, EPA subsequentlyreleased a new guidance documentconcerning ozone monitoring seasonselection and modification.

In theguidance, EPA provided a methodologyfor calculating new 8-hour ozonemonitoring seasons. We have reviewedhistorical (1987

–

2001) 8-hour ozonedata for AQCRs 019 and 022,

consistentwith the July 1998 guidance. Wedetermined that no exceedencesoccurred outside the months of Marchthrough October during this period.Thus, shortening the ozone monitoringseason for Louisiana AQCRs 019 and022, from year-round to March 1through October 31, will not result inthe potential to miss days in which the8-hour ozone standard is exceeded.Therefore, we are agreeing withLouisiana

’

s conclusions that shorteningthe ambient ozone monitoring seasonfor AQCRs 019 and 022, from year-round to March 1 through October 31,will provide significant cost savings forthe State without reducing theeffectiveness of the ozone monitoringprogram. Since this action affects twoNAMS sites located in these AQCRs, wehave coordinated our approval of therevised ozone season with EPAHeadquarters.As recommended in the new ozoneseason guidance, we will periodicallyreview the historical 8-hour ozone datafollowing this change to the ozoneseason to determine whether the March1 through October 31 monitoring seasonis still appropriate.

VIII. Why Is This a

‘‘

Final Action?

’’

We are publishing this rule withoutprior proposal because we view this asa noncontroversial amendment andanticipate no adverse comment.However, in the

‘‘

Proposed Rules

’’

section of today

’

Federal Register

publication, we are publishing aseparate document that will serve as theproposal to approve the revisions to theAQCR boundaries and ozone monitoringseason if adverse comments arereceived. This rule will be effective onNovember 12, 2002, without furthernotice unless we receive adversecomment by October 10, 2002. If EPAreceives adverse comment, we willpublish a timely withdrawal in the

Federal Register

informing the publicthat the rule will not take effect. We willaddress all public comments in asubsequent final rule based on theproposed rule. We will not institute asecond comment period on this action.Any parties interested in commentingmust do so at this time.

IX. What Administrative RequirementsApply for This Action?

Under Executive Order 12866 (58 FR51735, October 4, 1993), this action isnot a

‘‘

significant regulatory action

’’

andtherefore is not subject to review by the

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57334

Federal Register

/Vol. 67, No. 175/Tuesday, September 10, 2002/Rules and Regulations

Office of Management and Budget. Forthis reason, this action is also notsubject to Executive Order 13211,

‘‘

Actions Concerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use

’’

(66 FR 28355, May22, 2001). This action merely approvesstate law as meeting Federalrequirements and imposes no additionalrequirements beyond those imposed bystate law. Accordingly, theAdministrator certifies that this rulewill not have a significant economicimpact on a substantial number of smallentities under the Regulatory FlexibilityAct (5 U.S.C. 601

et seq.

). Because thisrule approves pre-existing requirementsunder state law and does not imposeany additional enforceable duty beyondthat required by state law, it does notcontain any unfunded mandate orsignificantly or uniquely affect smallgovernments, as described in theUnfunded Mandates Reform Act of 1995(Pub. L. 104

–

4).This rule also does not have tribalimplications because it will not have asubstantial direct effect on one or moreIndian tribes, on the relationship between the Federal Government andIndian tribes, or on the distribution of power and responsibilities between theFederal Government and Indian tribes,as specified by Executive Order 13175(65 FR 67249, November 9, 2000). Thisaction also does not have Federalismimplications because it does not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132 (64 FR 43255,August 10, 1999). This action merelyapproves a state rule implementing aFederal standard, and does not alter therelationship or the distribution of powerand responsibilities established in theClean Air Act. This rule also is notsubject to Executive Order 13045

‘‘

Protection of Children fromEnvironmental Health Risks and SafetyRisks

’’

(62 FR 19885, April 23, 1997), because it is not economicallysignificant.In reviewing SIP submissions, EPA

’

srole is to approve state choices,provided that they meet the criteria of the Clean Air Act. In this context, in theabsence of a prior existing requirementfor the State to use voluntary consensusstandards (VCS), EPA has no authorityto disapprove a SIP submission forfailure to use VCS. It would thus beinconsistent with applicable law forEPA, when it reviews a SIP submission,to use VCS in place of a SIP submissionthat otherwise satisfies the provisions of the Clean Air Act. Thus, therequirements of section 12(d) of theNational Technology Transfer andAdvancement Act of 1995 (15 U.S.C.272 note) do not apply. This rule doesnot impose an information collection burden under the provisions of thePaperwork Reduction Act of 1995 (44U.S.C. 3501

et seq.

).The Congressional Review Act, 5U.S.C. 801

et seq.

, as added by the SmallBusiness Regulatory EnforcementFairness Act of 1996, generally providesthat before a rule may take effect, theagency promulgating the rule mustsubmit a rule report, which includes acopy of the rule, to each House of theCongress and to the Comptroller Generalof the United States. EPA will submit areport containing this rule and otherrequired information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of the rule inthe

Federal Register

. A major rulecannot take effect until 60 days after itis published in the

Federal Register

.This action is not a

‘‘

major rule

’’

asdefined by 5 U.S.C. 804(2).Under section 307(b)(1) of the CleanAir Act, petitions for judicial review of this action must be filed in the UnitedStates Court of Appeals for theappropriate circuit by November 12,2002. Filing a petition forreconsideration by the Administrator of this final rule does not affect the finalityof this rule for the purposes of judicialreview nor does it extend the timewithin which a petition for judicialreview may be filed, and shall notpostpone the effectiveness of such ruleor action. This action may not bechallenged later in proceedings toenforce its requirements. (

See

section307(b)(2).)

List of Subjects

40 CFR Part 58

Environmental protection, Airpollution control, Intergovernmentalrelations, Reporting and recordkeepingrequirements.

40 CFR Part 81

Air pollution control, National parks,Wilderness areas.

Dated: August 27, 2002.

Lawrence E. Starfield,

Acting Regional Administrator, Region 6.

40 CFR parts 58 and 81, chapter I, title40 of the Code of Federal Regulationsare amended as follows:

PART 58

—

[AMENDED]

1. The authority citation for part 58continues to read as follows:

Authority:

42 U.S.C. 7401

et seq.

2. Part 58, Appendix D, section 2.5:the table entitled

‘‘

Ozone MonitoringSeason By State

’’

is amended byrevising the entry for Louisiana to readas follows:

Appendix D to Part 58

—

NetworkDesign for State and Local AirMonitoring Stations (SLAMS) andNational Air Monitoring Stations(NAMS) and Photochemical AssessmentMonitoring Stations (PAMS)

* * * * *

ZONE

ONITORING

EASON BY

TATE

State Begin month End month*******Louisiana AQCRs 019, 022...............................................................................................................................March...............October.Louisiana AQCR 106.........................................................................................................................................January.............December.*******

* * * * *

PART 81

—

[AMENDED]

1. The authority citation for part 81continues to read as follows:

Authority:

42 U.S.C. 7401

et seq.

Subpart B

—

Designation of Air QualityControl Regions

2. Section 81.53 is amended byrevising the entry for Louisiana to readas follows:

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