Rule2024-29438
Finding of Failure To Attain by the Attainment Date for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard; Louisiana; Evangeline Parish Nonattainment Area
Primary source
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Published
December 16, 2024
Effective
January 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making a determination that the Evangeline Parish, Louisiana, sulfur dioxide (SO<INF>2</INF>) nonattainment area (NAA) failed to attain the 2010 1- hour primary SO<INF>2</INF> national ambient air quality standard (2010 SO<INF>2</INF> NAAQS) under the Clean Air Act (CAA or the Act) by the applicable statutory attainment date of April 9, 2023. This determination is based upon consideration and review of all relevant and available information for the NAA, including reported emissions records and available modeling data for the area's primary SO<INF>2</INF> source, Cabot Corporation's Ville Platte Plant (Cabot).
Full Text
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<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101475-101477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29438]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2024-0380; FRL-12206-02-R6]
Finding of Failure To Attain by the Attainment Date for the 2010
1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard;
Louisiana; Evangeline Parish Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is making a
determination that the Evangeline Parish, Louisiana, sulfur dioxide
(SO<INF>2</INF>) nonattainment area (NAA) failed to attain the 2010 1-
hour primary SO<INF>2</INF> national ambient air quality standard (2010
SO<INF>2</INF> NAAQS) under the Clean Air Act (CAA or the Act) by the
applicable statutory attainment date of April 9, 2023. This
determination is based upon consideration and review of all relevant
and available information for the NAA, including reported emissions
records and available modeling data for the area's primary
SO<INF>2</INF> source, Cabot Corporation's Ville Platte Plant (Cabot).
DATES: This rule is effective on January 15, 2025.
ADDRESSES: EPA established a docket for this action under Docket ID No.
EPA-R06-OAR-2024-0380. All documents in the docket are listed on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet. Publicly available docket materials are
available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ronald Thomas, SO<INF>2</INF> and
Regional Haze Section (R6-ARSH), Air & Radiation Division, U.S.
Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500,
Dallas, Texas 75270. His direct telephone number is (214) 665-7478. Mr.
Thomas can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#97c3fff8faf6e4b9c5f8f9f6fbf3d7f2e7f6b9f0f8e1"><span class="__cf_email__" data-cfemail="5004383f3d31237e023f3e313c34103520317e373f26">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
September 4, 2024, proposal (89 FR 71872). In that document, we
proposed to determine that the Evangeline Parish SO<INF>2</INF>
nonattainment area failed to attain the 2010 SO<INF>2</INF> NAAQS by
the applicable statutory attainment date of April 9, 2023. In summary,
our proposed determination was based upon evaluation of SO<INF>2</INF>
emissions data and prior modeling for the NAA. Specifically, this
proposed determination was supported by data showing that emissions
have increased when comparing the 2020-2022 period to the modeled
emissions at designation. Based on this increase in emissions, there is
nothing to suggest that the area is no longer in violation of the NAAQS
as demonstrated by the 2017 modeling analysis for the initial
designation of the area.
The public comment period for our proposed determination expired on
October 4, 2024. The EPA received no comments on our September 4, 2024,
proposal. Therefore, we are finalizing our action as proposed.
II. Final Action
The EPA is finalizing the September 4, 2024, proposed finding, and
per CAA section 179(c)(1)-(2), the EPA determines that the Evangeline
Parish SO<INF>2</INF> NAA has not attained the 2010 one-hour
SO<INF>2</INF> NAAQS of 75 ppb by the applicable statutory attainment
date of April 9, 2023.
[[Page 101476]]
Publication of this final rule has the following consequences for
the State of Louisiana: (1) under CAA section 179(d), the State has up
to 12 months from the publication of this notice to submit a revised
SIP for the area demonstrating attainment and containing any additional
measures that the EPA may reasonably prescribe that can be feasibly
implemented in the area in light of technological achievability, costs,
and any non-air quality and other air quality-related health and
environmental impacts as required; (2) according to CAA section
179(d)(3), such a revised SIP is to achieve attainment of the 2010
SO<INF>2</INF> NAAQS as expeditiously as practicable, but no later than
5 years from the date of notice of the area's failure to attain (i.e.,
5 years after the EPA publishes a final action in the Federal Register
determining that the area failed to attain the 2010 SO<INF>2</INF>
NAAQS); and (3) in addition to triggering requirements for a new SIP
submittal, this final determination triggers the implementation of
contingency measures in this NAA adopted under 172(c)(9).
III. Environmental Justice Considerations
Information on Executive Order 12898 (Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994) and how EPA defines
environmental justice (EJ) can be found in the section titled ``IV.
Statutory and Executive Order Reviews.'' EPA provided analysis of
environmental justice associated with this action solely for
informational purposes, and the results of this analysis were addressed
in Section IV of our proposal.
This final rule formalizes EPA's determination that the Evangeline
Parish SO<INF>2</INF> NAA has failed to attain the 2010 SO<INF>2</INF>
NAAQS of 75 ppb by the applicable attainment date of April 9, 2023, in
accordance with EPA's obligation to make a determination on attainment
by the attainment date in section 179(c)(1)-(2) of the CAA. This action
provides notice to the public that the area has failed to attain the
NAAQS and informs the State of Louisiana of CAA requirements that the
State needs to meet.
Information on SO<INF>2</INF> and its relationship to negative
health impacts can be found at final Federal Register notice titled
``Primary National Ambient Air Quality Standard for Sulfur Dioxide''
(75 FR 35520, June 22, 2010).\1\ We expect that this action will not
have a detrimental impact on the population, including communities with
EJ concerns, in and near the Evangeline Parish NAA.
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\1\ See <a href="https://www.federalregister.gov/d/2010-13947">https://www.federalregister.gov/d/2010-13947</a>.
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IV. Statutory and Executive Order Reviews
This action finds that an area has failed to attain the NAAQS by
the relevant attainment date and does not impose additional or modify
existing requirements. For that reason, this action:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act;
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with EJ concerns to the
greatest extent practicable and permitted by law. The EPA defines EJ as
``the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation, and enforcement of environmental laws,
regulations, and policies.'' The EPA further defines the term fair
treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
Section IV of the proposal for this action presented our EJ
analysis, but we did not consider EJ as a basis for this action. Due to
the nature of the action being taken here, this action is not expected
to have a detrimental impact on the populations, including communities
with EJ concerns, in the Evangeline Parish NAA. Consideration of EJ is
not required as part of this action, which finds that the NAA failed to
attain the 2010 SO<INF>2</INF> NAAQS by the applicable attainment date,
and there is no information in the record inconsistent with the stated
goal of E.O. 12898 of achieving environmental justice for communities
with EJ concerns.
In addition, this final rulemaking, the finding of failure to
attain by the attainment date for the Evangeline Parish SO<INF>2</INF>
NAA, does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because this action is not
intended to apply in Indian country located in the State, and the EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
This action is exempt from the Congressional Review Act because it
is a rule of particular applicability. The rule makes factual
determinations for an identified entity (the Evangeline Parish area of
Louisiana), based on facts and circumstances specific to that entity.
The determination of failure to attain the 2010 SO<INF>2</INF> NAAQS
does not in itself create any new requirements beyond what is mandated
by the CAA.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 14, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
[[Page 101477]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Pollution, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: December 9, 2024.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart T--Louisiana
0
2. Amend Sec. 52.978 by adding paragraph (b) to read as follows:
Sec. 52.978 Control strategy and regulations: Sulfur Dioxide.
* * * * *
(b) Determination of failure to attain. Effective January 15, 2025,
the EPA has determined that the Evangeline Parish nonattainment area
failed to attain the 2010 1-hour primary sulfur dioxide
(SO<INF>2</INF>) national ambient air quality standard (NAAQS) by the
applicable statutory attainment date of April 9, 2023. This
determination triggers the requirements of CAA section 179(d) for the
State of Louisiana to submit a revision to the Louisiana SIP for the
Evangeline Parish nonattainment area to the EPA December 16, 2024. The
SIP revision must, among other elements, provide for attainment of the
1-hour primary SO<INF>2</INF> NAAQS in the Evangeline Parish
SO<INF>2</INF> nonattainment area as expeditiously as practicable but
no later than December 16, 2029.
[FR Doc. 2024-29438 Filed 12-13-24; 8:45 am]
BILLING CODE 6560-50-P
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