80_FR_68665 80 FR 68451 - Approval and Promulgation of Implementation Plans; Louisiana; Major Source Permitting State Implementation Plan

80 FR 68451 - Approval and Promulgation of Implementation Plans; Louisiana; Major Source Permitting State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range68451-68453
FR Document2015-28097

The Environmental Protection Agency (EPA) is approving portions of revisions to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality. These revisions are updates to the Prevention of Significant Deterioration (PSD) and Nonattainment NSR (NNSR) permit programs.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68451-68453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28097]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0131; FRL-9936-45-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Major Source Permitting State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of revisions to the Louisiana New Source Review (NSR) State 
Implementation Plan (SIP) submitted by the Louisiana Department of 
Environmental Quality. These revisions are updates to the Prevention of 
Significant Deterioration (PSD) and Nonattainment NSR (NNSR) permit 
programs.

DATES: This rule is effective on December 7, 2015.

ADDRESSES: The Environmental Protection Agency (EPA) has established a 
docket for this action under Docket ID No. EPA-R06-OAR-2006-0131. All 
documents in the docket are listed on the http://www.regulations.gov 
Web site. 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 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 
Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Stephanie Kordzi, 214-665-7520, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our August 
19, 2015, proposal (80 FR 50240). In that document, we proposed to 
approve portions of SIP submittals for the State of Louisiana. These 
amendments provide clarity to the SIP-approved rules and correct 
contradictory language. Specific proposed revisions address the 
assessment and validation of a facility's emissions inventory values. 
Further, the amendments revise the SIP rules to conform to the latest 
changes to Louisiana laws including making changes to the Louisiana 
NNSR and PSD permitting programs reflecting the requirements found in 
the federal NSR Reform Program SIP rules. The changes also define, for 
NNSR purposes, the parishes that have been designated as non-attainment 
for ozone. Finally, this action addresses eight rule changes for 
baseline actual emissions and projected actual emissions definitions. 
This action is being taken under section 110 of the Act. We did not 
receive any comments regarding our proposal.

II. Final Action

    We are approving portions of SIP submittals for the State of 
Louisiana submitted on July 25, 1997, June 22, 1998, February 2, 2000, 
January 27, 2003, June 15, 2005, December 20, 2005, May 5, 2006, July 
20, 2007, November 9, 2007, August 14, 2009, May 16, 2011, and February 
27, 2013, to address air permit procedure revisions, ERC banking 
revisions, Baton Rouge Severe Area rule update revisions, NSR reform 
revisions, rescission of the alternative emission reduction plan for 
Union Carbide Corporation Taft Plant, revisions for Particulate Matter 
2.5 (PM2.5) National Ambient Air Quality Standards (NAAQS), 
and an update of PM2.5 increments. We approve the portions 
of the SIP submittals that meet CAA requirements. Specifically, we are 
approving the following revisions to the Louisiana SIP:
     Revisions to LAC 33:III.501 as submitted on July 25, 1997;
     Revisions to LAC 33:III.504 as submitted on June 15, 2005; 
December 20, 2005; May 5, 2006; November 9, 2007; August 14, 2009; and 
May 16, 2011;
     Revisions to LAC 33:III.509 as submitted on July 25, 1997; 
June 22, 1998; January 27, 2003; February 2, 2000; December 20, 2005; 
May 5, 2006; November 9, 2007; May 16, 2011; and February 27, 2013;
     Revisions to LAC 33:III.603 as submitted on February 2, 
2000; and August 14, 2009;
     Revisions to LAC 33:III.605 as submitted on August 14, 
2009;
     Revisions to LAC 33:III.607 as submitted on November 9, 
2007 and August 14, 2009;
     Revisions to LAC 33:III.613 as submitted on January 27, 
2003 and May 5, 2006;
     Revisions to LAC 33:III.615 as submitted on January 27, 
2003 and August 14, 2009; and
     The removal of the Union Carbide Bubble Permit in 
Hahnville, Louisiana, as submitted on July 20, 2007, at 40 CFR 
52.970(d) to reflect the rescission of the permit by LDEQ.
    The EPA is finding that the May 16, 2011, revisions to the 
Louisiana NNSR program at LAC 33:III.504 address all required NNSR 
elements for the implementation of the 1997 and 2006 PM2.5 
NAAQS. We note that the Louisiana NNSR program does not include 
regulation of volatile organic compounds and ammonia as 
PM2.5 precursors. However, as section 189(e) of the Act 
requires regulation of PM2.5 precursors that significantly 
contribute to PM2.5 levels ``which exceed the standard in 
the area'' and Louisiana does not have a designated PM2.5 
nonattainment area; the revisions addressing only sulfur dioxide and 
nitrogen oxides are not inconsistent with the requirements of the CAA. 
In the event that an area is designated nonattainment for the 2012 
PM2.5 NAAQS or any other future PM2.5 NAAQS, 
Louisiana will have a deadline under section 189(a)(2) of the CAA to 
make a submission addressing the statutory requirements as to that 
area, including the requirements in section 189(e) that apply to the 
regulation of PM2.5 precursors.
    This action is being taken under section 110 of the Act.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Louisiana regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose

[[Page 68452]]

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);
     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 Clean Air Act; 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 Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
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).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 4, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, and Volatile organic compounds.

    Dated: October 23, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended 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. In Sec.  52.970:
0
a. In paragraph (c), the table titled ``EPA-Approved Louisiana 
Regulations in the Louisiana SIP'' is amended by revising the entries 
for Sections 501, 504, 509, 603, 605, 607, 613, and 615; and
0
b. Paragraph (d) is amended by removing the entry for ``Union Carbide 
Facility in Hahnville, Louisiana''.
    The revisions read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval
          State citation              Title/subject          date        EPA Approval date         Comments
----------------------------------------------------------------------------------------------------------------
                                LAC Title 33. Environmental Quality Part III. Air
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------
Section 501......................  Scope and                 5/20/1996  11/5/2015 [Insert
                                    Applicability.                       Federal Register
                                                                         citation].
 
                                                  * * * * * * *
Section 504......................  Nonattainment New         2/20/2011  11/5/2015 [Insert    The SIP does not
                                    Source Review                        Federal Register     include LAC
                                    (NNSR) Procedures.                   citation].           33:III.504.M.
 

[[Page 68453]]

 
                                                  * * * * * * *
Section 509......................  Prevention of            12/20/2012  11/5/2015 [Insert    SIP does not
                                    Significant                          Federal Register     include provisions
                                    Deterioration.                       citation].           for permitting of
                                                                                              GHGs as effective
                                                                                              on 04/20/2011 at
                                                                                              LAC 33:III.509(B)
                                                                                              definition of
                                                                                              ``carbon dioxide
                                                                                              equivalent
                                                                                              emissions'',
                                                                                              ``greenhouse
                                                                                              gases'', ``major
                                                                                              stationary
                                                                                              source'', and
                                                                                              ``significant''.
                                                                                              SIP does not
                                                                                              include the PM2.5
                                                                                              SMC at LAC
                                                                                              33:III.509(I)(5)(a
                                                                                              ) from the 12/20/
                                                                                              2012 adoption. LAC
                                                                                              33:III.509(I)(5)(a
                                                                                              ) is SIP-approved
                                                                                              as of 10/20/2007
                                                                                              adoption.
----------------------------------------------------------------------------------------------------------------
                    Chapter 6--Regulations on Control of Emissions Reduction Credits Banking
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 603......................  Applicability......      10/20/2007  11/5/2015 [Insert
                                                                         Federal Register
                                                                         citation].
Section 605......................  Definitions........      10/20/2007  11/5/2015 [Insert
                                                                         Federal Register
                                                                         citation].
Section 607......................  Determination of         10/20/2007  11/5/2015 [Insert
                                    Creditable                           Federal Register
                                    Emission                             citation].
                                    Reductions.
Section 613......................  ERC Balance Sheet..      10/20/2007  11/5/2015 [Insert
                                                                         Federal Register
                                                                         citation].
Section 615......................  Schedule for             10/20/2007  11/5/2015 [Insert
                                    Submitting                           Federal Register
                                    Applications.                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-28097 Filed 11-4-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations                                       68451

                                                *      *     *       *      *                           rules and correct contradictory                         • Revisions to LAC 33:III.615 as
                                                [FR Doc. 2015–28105 Filed 11–4–15; 8:45 am]             language. Specific proposed revisions                 submitted on January 27, 2003 and
                                                BILLING CODE 6560–50–P                                  address the assessment and validation                 August 14, 2009; and
                                                                                                        of a facility’s emissions inventory                     • The removal of the Union Carbide
                                                                                                        values. Further, the amendments revise                Bubble Permit in Hahnville, Louisiana,
                                                ENVIRONMENTAL PROTECTION                                the SIP rules to conform to the latest                as submitted on July 20, 2007, at 40 CFR
                                                AGENCY                                                  changes to Louisiana laws including                   52.970(d) to reflect the rescission of the
                                                                                                        making changes to the Louisiana NNSR                  permit by LDEQ.
                                                40 CFR Part 52                                          and PSD permitting programs reflecting                  The EPA is finding that the May 16,
                                                [EPA–R06–OAR–2006–0131; FRL–9936–45–                    the requirements found in the federal                 2011, revisions to the Louisiana NNSR
                                                Region 6]                                               NSR Reform Program SIP rules. The                     program at LAC 33:III.504 address all
                                                                                                        changes also define, for NNSR purposes,               required NNSR elements for the
                                                Approval and Promulgation of                            the parishes that have been designated                implementation of the 1997 and 2006
                                                Implementation Plans; Louisiana;                        as non-attainment for ozone. Finally,                 PM2.5 NAAQS. We note that the
                                                Major Source Permitting State                           this action addresses eight rule changes              Louisiana NNSR program does not
                                                Implementation Plan                                     for baseline actual emissions and                     include regulation of volatile organic
                                                                                                        projected actual emissions definitions.               compounds and ammonia as PM2.5
                                                AGENCY:  Environmental Protection
                                                                                                        This action is being taken under section              precursors. However, as section 189(e)
                                                Agency (EPA).
                                                                                                        110 of the Act. We did not receive any                of the Act requires regulation of PM2.5
                                                ACTION: Final rule.
                                                                                                        comments regarding our proposal.                      precursors that significantly contribute
                                                SUMMARY:    The Environmental Protection                                                                      to PM2.5 levels ‘‘which exceed the
                                                Agency (EPA) is approving portions of                   II. Final Action                                      standard in the area’’ and Louisiana
                                                revisions to the Louisiana New Source                      We are approving portions of SIP                   does not have a designated PM2.5
                                                Review (NSR) State Implementation                       submittals for the State of Louisiana                 nonattainment area; the revisions
                                                Plan (SIP) submitted by the Louisiana                   submitted on July 25, 1997, June 22,                  addressing only sulfur dioxide and
                                                Department of Environmental Quality.                    1998, February 2, 2000, January 27,                   nitrogen oxides are not inconsistent
                                                These revisions are updates to the                      2003, June 15, 2005, December 20, 2005,               with the requirements of the CAA. In
                                                Prevention of Significant Deterioration                 May 5, 2006, July 20, 2007, November                  the event that an area is designated
                                                (PSD) and Nonattainment NSR (NNSR)                      9, 2007, August 14, 2009, May 16, 2011,               nonattainment for the 2012 PM2.5
                                                permit programs.                                        and February 27, 2013, to address air                 NAAQS or any other future PM2.5
                                                DATES: This rule is effective on                        permit procedure revisions, ERC                       NAAQS, Louisiana will have a deadline
                                                December 7, 2015.                                       banking revisions, Baton Rouge Severe                 under section 189(a)(2) of the CAA to
                                                                                                        Area rule update revisions, NSR reform                make a submission addressing the
                                                ADDRESSES: The Environmental
                                                                                                        revisions, rescission of the alternative              statutory requirements as to that area,
                                                Protection Agency (EPA) has established
                                                                                                        emission reduction plan for Union                     including the requirements in section
                                                a docket for this action under Docket ID
                                                                                                        Carbide Corporation Taft Plant,                       189(e) that apply to the regulation of
                                                No. EPA–R06–OAR–2006–0131. All
                                                                                                        revisions for Particulate Matter 2.5                  PM2.5 precursors.
                                                documents in the docket are listed on                                                                           This action is being taken under
                                                the http://www.regulations.gov Web                      (PM2.5) National Ambient Air Quality
                                                                                                        Standards (NAAQS), and an update of                   section 110 of the Act.
                                                site. Although listed in the index, some
                                                information is not publicly available,                  PM2.5 increments. We approve the                      III. Incorporation by Reference
                                                e.g., Confidential Business Information                 portions of the SIP submittals that meet
                                                                                                                                                                 In this rule, we are finalizing
                                                or other information whose disclosure is                CAA requirements. Specifically, we are
                                                                                                                                                              regulatory text that includes
                                                restricted by statute. Certain other                    approving the following revisions to the
                                                                                                                                                              incorporation by reference. In
                                                material, such as copyrighted material,                 Louisiana SIP:
                                                                                                                                                              accordance with the requirements of 1
                                                is not placed on the Internet and will be                  • Revisions to LAC 33:III.501 as                   CFR 51.5, we are finalizing the
                                                publicly available only in hard copy                    submitted on July 25, 1997;                           incorporation by reference of the
                                                form. Publicly available docket                            • Revisions to LAC 33:III.504 as                   revisions to the Louisiana regulations as
                                                materials are available either                          submitted on June 15, 2005; December                  described in the Final Action section
                                                electronically through http://                          20, 2005; May 5, 2006; November 9,                    above. We have made, and will continue
                                                www.regulations.gov or in hard copy at                  2007; August 14, 2009; and May 16,                    to make, these documents generally
                                                the EPA Region 6, 1445 Ross Avenue,                     2011;                                                 available electronically through
                                                Suite 700, Dallas, Texas 75202–2733.                       • Revisions to LAC 33:III.509 as                   www.regulations.gov and/or in hard
                                                FOR FURTHER INFORMATION CONTACT:                        submitted on July 25, 1997; June 22,                  copy at the EPA Region 6 office.
                                                Stephanie Kordzi, 214–665–7520,                         1998; January 27, 2003; February 2,
                                                skordzi@gmail.com.                                      2000; December 20, 2005; May 5, 2006;                 IV. Statutory and Executive Order
                                                                                                        November 9, 2007; May 16, 2011; and                   Reviews
                                                SUPPLEMENTARY INFORMATION:
                                                Throughout this document wherever                       February 27, 2013;                                      Under the Clean Air Act, the
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                • Revisions to LAC 33:III.603 as                   Administrator is required to approve a
                                                the EPA.                                                submitted on February 2, 2000; and                    SIP submission that complies with the
                                                                                                        August 14, 2009;                                      provisions of the Act and applicable
                                                I. Background                                              • Revisions to LAC 33:III.605 as                   Federal regulations. 42 U.S.C. 7410(k);
jstallworth on DSK7TPTVN1PROD with RULES




                                                   The background for this action is                    submitted on August 14, 2009;                         40 CFR 52.02(a). Thus, in reviewing SIP
                                                discussed in detail in our August 19,                      • Revisions to LAC 33:III.607 as                   submissions, the EPA’s role is to
                                                2015, proposal (80 FR 50240). In that                   submitted on November 9, 2007 and                     approve state choices, provided that
                                                document, we proposed to approve                        August 14, 2009;                                      they meet the criteria of the Clean Air
                                                portions of SIP submittals for the State                   • Revisions to LAC 33:III.613 as                   Act. Accordingly, this action merely
                                                of Louisiana. These amendments                          submitted on January 27, 2003 and May                 approves state law as meeting Federal
                                                provide clarity to the SIP-approved                     5, 2006;                                              requirements and does not impose


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                                                68452              Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations

                                                additional requirements beyond those                            methods, under Executive Order 12898                    of such rule or action. This action may
                                                imposed by state law. For that reason,                          (59 FR 7629, February 16, 1994).                        not be challenged later in proceedings to
                                                this action:                                                    In addition, the SIP is not approved to                 enforce its requirements. (See section
                                                   • Is not a ‘‘significant regulatory                          apply on any Indian reservation land or                 307(b)(2).)
                                                action’’ subject to review by the Office                        in any other area where EPA or an
                                                of Management and Budget under                                                                                          List of Subjects in 40 CFR Part 52
                                                                                                                Indian tribe has demonstrated that a
                                                Executive Orders 12866 (58 FR 51735,                            tribe has jurisdiction. In those areas of                 Environmental protection, Air
                                                October 4, 1993) and 13563 (76 FR 3821,                         Indian country, the rule does not have                  pollution control, Carbon monoxide,
                                                January 21, 2011);                                              tribal implications and will not impose                 Incorporation by reference,
                                                   • Does not impose an information                             substantial direct costs on tribal                      Intergovernmental relations, Lead,
                                                collection burden under the provisions                          governments or preempt tribal law as                    Nitrogen dioxide, Ozone, Particulate
                                                of the Paperwork Reduction Act (44                              specified by Executive Order 13175 (65                  matter, Reporting and recordkeeping
                                                U.S.C. 3501 et seq.);                                           FR 67249, November 9, 2000).                            requirements, Sulfur oxides, and
                                                   • Is certified as not having a                                                                                       Volatile organic compounds.
                                                significant economic impact on a                                   The Congressional Review Act, 5
                                                substantial number of small entities                            U.S.C. 801 et seq., as added by the Small                 Dated: October 23, 2015.
                                                under the Regulatory Flexibility Act (5                         Business Regulatory Enforcement                         Samuel Coleman,
                                                U.S.C. 601 et seq.);                                            Fairness Act of 1996, generally provides                Acting Regional Administrator, Region 6.
                                                   • Does not contain any unfunded                              that before a rule may take effect, the
                                                                                                                agency promulgating the rule must                           40 CFR part 52 is amended as follows:
                                                mandate or significantly or uniquely
                                                affect small governments, as described                          submit a rule report, which includes a
                                                                                                                copy of the rule, to each House of the                  PART 52—APPROVAL AND
                                                in the Unfunded Mandates Reform Act                                                                                     PROMULGATION OF
                                                of 1995 (Pub. L. 104–4);                                        Congress and to the Comptroller General
                                                                                                                of the United States. EPA will submit a                 IMPLEMENTATION PLANS
                                                   • Does not have Federalism
                                                implications as specified in Executive                          report containing this action and other
                                                                                                                required information to the U.S. Senate,                ■ 1. The authority citation for part 52
                                                Order 13132 (64 FR 43255, August 10,                                                                                    continues to read as follows:
                                                1999);                                                          the U.S. House of Representatives, and
                                                   • Is not an economically significant                         the Comptroller General of the United                       Authority: 42 U.S.C. 7401 et seq.
                                                regulatory action based on health or                            States prior to publication of the rule in
                                                                                                                the Federal Register. A major rule                      Subpart T—Louisiana
                                                safety risks subject to Executive Order
                                                13045 (62 FR 19885, April 23, 1997);                            cannot take effect until 60 days after it
                                                                                                                                                                        ■  2. In § 52.970:
                                                   • Is not a significant regulatory action                     is published in the Federal Register.
                                                subject to Executive Order 13211 (66 FR                         This action is not a ‘‘major rule’’ as                  ■  a. In paragraph (c), the table titled
                                                28355, May 22, 2001);                                           defined by 5 U.S.C. 804(2).                             ‘‘EPA-Approved Louisiana Regulations
                                                   • Is not subject to requirements of                             Under section 307(b)(1) of the Clean                 in the Louisiana SIP’’ is amended by
                                                section 12(d) of the National                                   Air Act, petitions for judicial review of               revising the entries for Sections 501,
                                                Technology Transfer and Advancement                             this action must be filed in the United                 504, 509, 603, 605, 607, 613, and 615;
                                                Act of 1995 (15 U.S.C. 272 note) because                        States Court of Appeals for the                         and
                                                application of those requirements would                         appropriate circuit by January 4, 2016.                 ■ b. Paragraph (d) is amended by
                                                be inconsistent with the Clean Air Act;                         Filing a petition for reconsideration by                removing the entry for ‘‘Union Carbide
                                                and                                                             the Administrator of this final rule does               Facility in Hahnville, Louisiana’’.
                                                   • Does not provide EPA with the                              not affect the finality of this action for                 The revisions read as follows:
                                                discretionary authority to address, as                          the purposed of judicial review nor does
                                                appropriate, disproportionate human                             it extend the time within which a                       § 52.970     Identification of plan.
                                                health or environmental effects, using                          petition for judicial review may be filed,              *       *    *          *     *
                                                practicable and legally permissible                             and shall not postpone the effectiveness                    (c) * * *
                                                                                             EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
                                                                                                                                   State approval
                                                           State citation                                Title/subject                                        EPA Approval date                        Comments
                                                                                                                                        date

                                                                                                              LAC Title 33. Environmental Quality Part III. Air


                                                            *                           *                         *                      *                         *                      *                     *

                                                                                                                         Chapter 5—Permit Procedures

                                                Section 501 .............................   Scope and Applicability .........           5/20/1996        11/5/2015 [Insert Federal
                                                                                                                                                           Register citation].

                                                         *                              *                 *                               *                        *                      *                       *
jstallworth on DSK7TPTVN1PROD with RULES




                                                Section 504 ............................. Nonattainment New Source                      2/20/2011        11/5/2015 [Insert Federal            The SIP does not include
                                                                                            Review (NNSR) Proce-                                           Register citation].                  LAC 33:III.504.M.
                                                                                            dures.




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                                                                    Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations                                                                  68453

                                                                                   EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP—Continued
                                                                                                                                           State approval
                                                            State citation                                Title/subject                                               EPA Approval date                        Comments
                                                                                                                                                date

                                                         *                              *                   *                                    *                         *                     *                         *
                                                Section 509 ............................. Prevention of Significant De-                       12/20/2012         11/5/2015 [Insert Federal           SIP does not include provi-
                                                                                            terioration.                                                           Register citation].                 sions for permitting of
                                                                                                                                                                                                       GHGs as effective on 04/
                                                                                                                                                                                                       20/2011 at LAC
                                                                                                                                                                                                       33:III.509(B) definition of
                                                                                                                                                                                                       ‘‘carbon dioxide equivalent
                                                                                                                                                                                                       emissions’’, ‘‘greenhouse
                                                                                                                                                                                                       gases’’, ‘‘major stationary
                                                                                                                                                                                                       source’’, and ‘‘significant’’.
                                                                                                                                                                                                       SIP does not include the
                                                                                                                                                                                                       PM2.5 SMC at LAC
                                                                                                                                                                                                       33:III.509(I)(5)(a) from the
                                                                                                                                                                                                       12/20/2012 adoption. LAC
                                                                                                                                                                                                       33:III.509(I)(5)(a) is SIP-ap-
                                                                                                                                                                                                       proved as of 10/20/2007
                                                                                                                                                                                                       adoption.

                                                                                            Chapter 6—Regulations on Control of Emissions Reduction Credits Banking


                                                         *                              *                        *                               *                         *                     *                        *
                                                Section 603 ............................. Applicability ............................          10/20/2007         11/5/2015 [Insert Federal
                                                                                                                                                                   Register citation].
                                                Section 605 .............................    Definitions ..............................       10/20/2007         11/5/2015 [Insert Federal
                                                                                                                                                                   Register citation].
                                                Section 607 .............................    Determination of Creditable                      10/20/2007         11/5/2015 [Insert Federal
                                                                                               Emission Reductions.                                                Register citation].
                                                Section 613 .............................    ERC Balance Sheet ...............                10/20/2007         11/5/2015 [Insert Federal
                                                                                                                                                                   Register citation].
                                                Section 615 .............................    Schedule for Submitting Ap-                      10/20/2007         11/5/2015 [Insert Federal
                                                                                               plications.                                                         Register citation].

                                                            *                           *                             *                          *                         *                     *                        *



                                                *       *       *        *       *                                 This final action pertains to the Clean                      ADDRESSES:    EPA has established a
                                                [FR Doc. 2015–28097 Filed 11–4–15; 8:45 am]                        Air Act (CAA or the Act) infrastructure                      docket for this action under Docket
                                                BILLING CODE 6560–50–P                                             requirements for the 2008 8-hour ozone                       Identification No. EPA–R04–OAR–
                                                                                                                   national ambient air quality standards                       2014–0795. All documents in the docket
                                                                                                                   (NAAQS). The CAA requires that each                          are listed on the www.regulations.gov
                                                ENVIRONMENTAL PROTECTION                                           state adopt and submit a SIP for the                         Web site. Although listed in the index,
                                                AGENCY                                                             implementation, maintenance, and                             some information is not publicly
                                                                                                                   enforcement of each NAAQS                                    available, i.e., Confidential Business
                                                40 CFR Part 52                                                                                                                  Information or other information whose
                                                                                                                   promulgated by EPA, which is
                                                                                                                                                                                disclosure is restricted by statute.
                                                [EPA–R04–OAR–2014–0795; FRL–9936–60–                               commonly referred to as an
                                                                                                                                                                                Certain other material, such as
                                                Region 4]                                                          ‘‘infrastructure’’ SIP. NCDAQ certified
                                                                                                                                                                                copyrighted material, is not placed on
                                                                                                                   that the North Carolina SIP contains                         the Internet and will be publicly
                                                Approval and Promulgation of                                       provisions that ensure the 2008 8-hour
                                                Implementation Plans; North Carolina                                                                                            available only in hard copy form.
                                                                                                                   ozone NAAQS is implemented,                                  Publicly available docket materials are
                                                Infrastructure Requirements for the                                enforced, and maintained in North
                                                2008 8-Hour Ozone National Ambient                                                                                              available either electronically through
                                                                                                                   Carolina. With the exception of                              www.regulations.gov or in hard copy at
                                                Air Quality Standards                                              provisions pertaining to prevention of                       the Air Regulatory Management Section,
                                                AGENCY:  Environmental Protection                                  significant deterioration (PSD)                              Air Planning and Implementation
                                                Agency (EPA).                                                      permitting, interstate transport                             Branch, Air, Pesticides and Toxics
                                                ACTION: Final rule.                                                requirements, and state boards                               Management Division, U.S.
                                                                                                                   requirements, EPA is taking final action                     Environmental Protection Agency,
                                                SUMMARY:  The Environmental Protection                             to approve North Carolina’s                                  Region 4, 61 Forsyth Street SW.,
                                                Agency (EPA) is taking final action to                             infrastructure SIP submission provided                       Atlanta, Georgia 30303–8960. EPA
jstallworth on DSK7TPTVN1PROD with RULES




                                                approve portions of the November 2,                                to EPA on November 2, 2012, as                               requests that if at all possible, you
                                                2012, State Implementation Plan (SIP)                              satisfying the required infrastructure                       contact the person listed in the FOR
                                                submission, provided by the North                                  elements for the 2008 8-hour ozone                           FURTHER INFORMATION CONTACT section to
                                                Carolina Department of Environment                                 NAAQS.                                                       schedule your inspection. The Regional
                                                and Natural Resources (NC DENR),                                                                                                Office’s official hours of business are
                                                Division of Air Quality (NCDAQ) for                                DATES:      This rule is effective December 7,               Monday through Friday, 8:30 a.m. to
                                                inclusion into the North Carolina SIP.                             2015.                                                        4:30 p.m., excluding Federal holidays.


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Document Created: 2015-12-14 15:02:59
Document Modified: 2015-12-14 15:02:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on December 7, 2015.
ContactStephanie Kordzi, 214-665-7520, [email protected]
FR Citation80 FR 68451 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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