80_FR_68695 80 FR 68481 - Approval and Promulgation of State Implementation Plans, Louisiana

80 FR 68481 - Approval and Promulgation of State Implementation Plans, Louisiana

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range68481-68484
FR Document2015-28277

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for Louisiana. These rule revisions are the 2007 General Revisions, and 2008-2010 Miscellaneous Rule Revisions to the SIP that were submitted by the State of Louisiana. The overall intended outcome is to make the approved Louisiana SIP consistent with current Federal and State requirements. This action is in accordance with the federal Clean Air Act (the Act).

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015)
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Proposed Rules]
[Pages 68481-68484]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28277]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0434; FRL-9936-61-Region 6]


Approval and Promulgation of State Implementation Plans, 
Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) for Louisiana. 
These rule revisions are the 2007 General Revisions, and 2008-2010

[[Page 68482]]

Miscellaneous Rule Revisions to the SIP that were submitted by the 
State of Louisiana. The overall intended outcome is to make the 
approved Louisiana SIP consistent with current Federal and State 
requirements. This action is in accordance with the federal Clean Air 
Act (the Act).

DATES: Comments must be received on or before December 7, 2015.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0434, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: Alan Shar at [email protected].
     Mail or delivery: Air Planning Section Chief (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0434. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit 
electronically any information through www.regulations.gov or email 
that you consider to be CBI or other information whose disclosure is 
restricted by statute. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters and any form of encryption, and be free 
of any defects or viruses. Multimedia submissions (audio, video, etc.) 
must be accompanied by a written comment. The written comment is 
considered the official comment and should include discussion of all 
points you wish to make. The EPA will generally not consider comments 
or comment contents located outside of the primary submission (i.e. on 
the web, cloud, or other file sharing system). For additional 
information on submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD-L), telephone (214) 
665-6691, email [email protected]. To inspect the hard copy materials, 
please contact Alan Shar.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Background

    On July 5, 2011 (76 FR 38977) EPA finalized approval of general 
rule revisions to the Louisiana SIP which covered the years of 1996-
2006.
    We are now proposing to approve two revisions to the Louisiana SIP 
submitted to EPA by the Louisiana Department of Environmental Quality 
(LDEQ). The first submittal is the 2007 general revisions submitted to 
EPA with a letter dated August 14, 2009. The second submittal is the 
2008-2010 miscellaneous rules revisions submitted to EPA with a letter 
dated August 29, 2013.

Evaluation

    The 2008-2010 miscellaneous rules revisions apply to Louisiana 
Administrative Code (LAC) 33: III, Chapters 7 and 13. The 2007 general 
revisions apply to LAC 33: III, Chapters 1, 2, 5, 6, 9, 11, 13, 15, 21, 
22, 23, and 25. The Louisiana rule revisions submittals, their 
corresponding Chapters, and our actions are shown in Table 1 below.

                         Table 1--Submittals, Their Corresponding Chapters, and Actions
----------------------------------------------------------------------------------------------------------------
                                                         Revisions to LAC 33:III
              Submittals                 Calendar year    Chapters acting upon       Chapters not acting upon
----------------------------------------------------------------------------------------------------------------
Miscellaneous rules...................       2008-2010  7, 13...................  ..............................
General revisions.....................            2007  1, 9, 11, 13, 14, 21,     2, 5, 6, and 15.
                                                         22, 23, and 25.
----------------------------------------------------------------------------------------------------------------

    Certain provisions of the 2007 general revisions are not being 
acted upon here because they were withdrawn or we plan to act on them 
separately in the future. In a letter dated October 2, 2015 LDEQ 
withdrew its revisions to Chapter 15 from our review. The October 2, 
2015 withdrawal letter is available in this docket. The EPA plans to 
act on SIP revisions to Chapters 2, 5, and 6 separately in the future.
    There is no increase in the amount of emissions or number of 
sources affected as a result of ministerial or administrative rules 
revisions throughout this notice; therefore, section 110(l) of the Act 
has been complied with.
    In 2006, EPA revised the National Ambient Air Quality Standards 
(NAAQS) for particulate matter. The LDEQ adopted revisions to NAAQS for 
particulate matter in LAC 33:III, Chapter 7. This revision will update 
the Louisiana air quality regulations to include the revised NAAQS for 
particulate matter. The revision is consistent with the NAAQS for 
PM2.5 and PM10 standards of 40 CFR 50. See 71 FR 
61144 (October 17, 2006), and http://www3.epa.gov/ttn/naaqs/criteria.html (URL dated October 5, 2015). We propose their approval 
into the SIP.
    Currently, the LAC 33:III Chapter 13 Abrasive Blasting is not in 
the EPA-approved SIP. The 2007 general revisions submittal establishes 
the standards of performance for abrasive blasting operations and 
includes provisions concerning requirement to control emissions through 
either enclosure or establishment of best management practices, 
maintenance of control equipment, recordkeeping requirements, and 
prohibited materials and methods that cannot be used in abrasive 
blasting activities requirements. The LDEQ later in its

[[Page 68483]]

2008-2010 miscellaneous rules submittal revised this rule by 
incorporating an updated version of the American Society for Testing 
and Materials (ASTM) Test Method in Sec.  1327 for taking samples when 
determining the weight percent of fines in abrasive materials. 
Incorporating a specific ASTM Test Method in Sec.  1327 will provide 
for consistency in the rule and facilitate compliance determinations. 
Revisions to LAC 33:III Chapter 13 will result in enhancing the SIP, 
and reducing particulate matter emissions from abrasive blasting 
operations. We propose their approval into the SIP.
    Revisions to LAC 33:III Chapter 1 General Provisions concern Sec.  
111 Definitions. The revisions defines the term SPOC or the Single 
Point of Contact. The revision is ministerial or administrative in 
nature. We propose its approval into the SIP.
    Revisions to LAC 33:III Chapter 9 General Regulations on Control of 
Emissions and Emission Standards concern Sec.  918 Recordkeeping and 
Annual Reporting and Sec.  919 Emission Inventory which require data 
for emission reports be collected annually, include air pollutants that 
a NAAQS has been issued for, and the owner or operator submit reports 
to the Office Environmental Assessment. The revisions are ministerial 
or administrative in nature. We propose their approval into the SIP.
    Revisions to LAC 33:III Chapter 11 Control of Emissions of Smoke 
concern reporting of opacity exceedances and exemptions. The revisions 
now require that reports be submitted to the SPOC instead of the Office 
of Environmental Compliance, Emergency and Radiological Services 
Division. The revisions are ministerial or administrative in nature. We 
propose their approval into the SIP.
    Revisions to LAC 33:III Chapter 14 Conformity concern Sec.  1410 
Criteria for Determining Conformity of General Federal Actions and 
Sec.  1434 Consultation that designate the secretary of Department of 
Environmental Quality or a designee and assistant secretary of the 
Office of Planning and Programming or a designee participate in the 
conformity consultation process. The revisions are ministerial or 
administrative in nature. We propose their approval into the SIP.
    Revisions to LAC 33:III Chapter 21 Control of Emission of Organic 
Compounds concern Sec. Sec.  2103, 2108, 2113, 2116, 2122, 2123, 2132, 
2153, and 2159. See Part B of the TSD for more information. The 
revisions throughout this Chapter are ministerial and administrative in 
nature. We propose their approval into the SIP.
    Revision to LAC 33:III Chapter 22 Control of Emissions of Nitrogen 
Oxides concerns Sec.  2201 removing the term ``Air Permits Division.'' 
This revision is ministerial or administrative in nature. We propose 
its approval into the SIP.
    Revisions to LAC 33:III Chapter 23 Control of Emissions for 
Specific Industries concern Sec. Sec.  2301 and 2303 deleting the terms 
``Air Quality Assessment Division;'' and Sec.  2307 deleting ``the 
Office of Environmental Compliance, Emergency and Radiological Services 
Division'' when submitting the required reports and plans. The revision 
are ministerial or administrative in nature. We propose their approval 
into the SIP.
    Revisions to LAC 33:III Chapter 25, Subchapter B--Biomedical Waste 
Incineration Rules concern Sec.  2511 Standards of Performance for 
Biomedical Waste; Subchapter C-Refuse Incinerators Sec.  2521 Refuse 
Incinerators; and Subchapter D-Crematories Sec.  2531 Standards of 
Performance for Crematories. On July 5, 2011 (76 FR 38977) EPA approved 
the existing provisions of LAC 33:III Chapter 25 into the SIP. The 
revisions reflect the updated names of offices or departmental 
organizations that reports or test results should be submitted to for 
review and approval. The revisions are ministerial or administrative in 
nature. We propose their approval into the SIP.
    Certain provisions of the Louisiana SIP are affected by EPA's June 
12, 2015 National SIP Call (80 FR 33967). Those provisions are 
identified as Sec. Sec.  1107(A), 1507(A)(1), 1507(B)(1), 
2153(B)(1)(i), 2201(C)(8), 2307(C)(1), and 2307(C)(2). Finally, our 
proposed approval of amendments to LAC 33:III, Chapters 11, 21, 22, and 
23 should not, in any way, be construed as explicitly or implicitly 
voiding or minimizing any concerns or inadequacies identified in EPA's 
National SIP Call of June 12, 2015 (80 FR 33967) with respect to the 
above referenced provisions. We continue to expect that issues raised 
within the context of the EPA's National SIP Call to be addressed in a 
timely fashion. See section 110(k)(5) of the Act.

Proposed Action

    We are proposing to approve rule revisions to LAC 33:III, Chapter 
1, Sec.  111; Chapter 7, Sec. Sec.  701, 703, and 711; Chapter 9, 
Sec. Sec.  918, and 919; Chapter 13, Sec. Sec.  1323, 1325, 1327, 1329, 
1331, and 1333; Chapter 14, Sec. Sec.  1410, and 1434; Chapter 21, 
Sec. Sec.  2103, 2108, 2113, 2116, 2121, 2122, 2123, 2132, 2153, and 
2159; Chapter 22, Sec.  2201; Chapter 23, Sec. Sec.  2301, 2302, and 
2307; and Chapter 25, Sec. Sec.  2511, 2521, and 2531.
    We are proposing to approve these revisions in accordance with 
sections 110, and 129 of the Act.

Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Louisiana regulations as described in the 
Proposed 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.

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. If a portion of the plan revision meets 
all the applicable requirements of this chapter and Federal 
regulations, the Administrator may approve the plan revision in part. 
42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 
EPA's role is to approve state choices that meet the criteria of the 
Act, and to disapprove state choices that do not meet the criteria of 
the Act. Accordingly, this proposed action approves state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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);

[[Page 68484]]

     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;
     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); and
     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 proposed 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 27, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2015-28277 Filed 11-4-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                          Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules                                               68481

                                                    ‘‘[a]ttributing inframarginal costs to                  2012, is 5.5 percent. See Order 1449 at               resources to bring to bear on other
                                                    products using the existing distribution                27.                                                   critical responsibilities.
                                                    keys is just as reliable as attributing                    In light of competitive products’                    Additional information concerning
                                                    marginal costs to products using those                  volume growth in recent years, along                  the Petition may be accessed via the
                                                    distribution keys. Id. at 20.                           with the Postal Service’s significant                 Commission’s Web site at http://
                                                                                                            investments in its competitive business,              www.prc.gov. Interested persons may
                                                    B. Proposal Two
                                                                                                            UPS believes that the current                         submit comments on Proposals One and
                                                       In Proposal Two, UPS contends that                   appropriate share percentage does not                 Two in the Petition no later than
                                                    the Postal Service has a ‘‘systematic                   reflect current market conditions.                    January 20, 2016. Reply comments are
                                                    tendency to misclassify costs as fixed.’’               Petition, Proposal Three at 6–14. To                  due no later than March 25, 2016.
                                                    Petition at 10. Such fixed costs, which                 ensure that the Postal Service competes               Pursuant to 39 U.S.C. 505, Kenneth E.
                                                    are a major component of institutional                  fairly, UPS asserts that the appropriate              Richardson is designated as an officer of
                                                    costs, are not attributed to specific                   share percentage should be set at a level             the Commission (Public Representative)
                                                    products.7 UPS asserts that the Postal                  that approximates the fixed costs that a              to represent the interests of the general
                                                    Service’s misclassification of certain                  private competitor must bear. Id. at 14.              public in this proceeding.
                                                    costs as fixed allows it to ‘‘largely                   Accordingly, UPS recommends that the                  IV. Ordering Paragraphs
                                                    ignore’’ such costs when setting the                    appropriate share percentage be set at
                                                    prices for its competitive products.                    24.6 percent. Id. UPS states that this                   It is ordered:
                                                    Petition at 10. Based on UPS’s belief                   percentage is equal to the average of the                1. The Commission establishes Docket
                                                    that fixed and institutional costs are                  ‘‘previous three years of attributable cost           No. RM2016–2 for consideration of
                                                    ‘‘borne disproportionately’’ by market                  shares’’ for competitive products. Id.                Proposals One and Two from the
                                                    dominant products, it concludes that                    UPS also encourages the Commission to                 Petition of United Parcel Service, Inc.
                                                    the Postal Service’s systemic                           adopt a mechanism that would adjust                   for the Initiation of Proceedings to Make
                                                    misclassification of costs as fixed results             the appropriate share percentage each                 Changes to Postal Service Costing
                                                    in the improper subsidization of                        year in order to account for the                      Methodologies, filed October 8, 2015.
                                                    competitive products by market                          fluctuation of postal cost and market                    2. Consideration of Proposal Three
                                                    dominant products, in violation of 39                   realities. Id. at 14–15.                              from the Petition is held in abeyance
                                                    U.S.C. 3633(a)(1). Id. Proposal Two at 5.                                                                     until the Commission has completed its
                                                                                                            III. Initial Commission Action                        review of Proposals One and Two.
                                                       Relying on Dr. Neels’ analysis, UPS
                                                                                                               The Commission establishes Docket                     3. Comments are due no later than
                                                    identifies 37 cost pools that it believes
                                                                                                            No. RM2016–2 for consideration of                     January 20, 2016. Reply comments are
                                                    should be reclassified as wholly or
                                                                                                            Proposals One and Two as raised by the                due no later than March 25, 2016.
                                                    partially variable. Id. at 1. UPS contends
                                                                                                            Petition. The Commission holds                           4. Pursuant to 39 U.S.C. 505, the
                                                    that Dr. Neels’ analysis reveals that over
                                                                                                            Proposal Three in abeyance until it has               Commission appoints Kenneth E.
                                                    $3 billion in costs have been
                                                                                                            completed its review of Proposals One                 Richardson to serve as an officer of the
                                                    misclassified as fixed, and thus, have
                                                                                                            and Two. As discussed above, Proposals                Commission (Public Representative) to
                                                    not been properly attributed to
                                                                                                            One and Two both relate to the proper                 represent the interests of the general
                                                    products. Id. at 8. UPS requests that the
                                                                                                            attribution of all variable costs to the              public in this docket.
                                                    Commission attribute these reclassified
                                                                                                            Postal Service’s products. Given the                     5. The Secretary shall arrange for
                                                    costs to specific products based on their
                                                                                                            interrelatedness of these two proposals,              publication of this order in the Federal
                                                    respective shares of overall attributable
                                                                                                            the Commission finds that it is                       Register.
                                                    costs in the prior fiscal year. Id. at 10.
                                                    Using this methodology, UPS estimates                   appropriate to consider them together in                By the Commission.
                                                    that over $700 million of costs have not                this docket. However, as UPS itself                   Stacy L. Ruble,
                                                    been properly attributed to the Postal                  discussed in its Petition, if Proposals               Secretary.
                                                    Service’s competitive products. Id. at 8.               One and Two are adopted, unattributed                 [FR Doc. 2015–28127 Filed 11–4–15; 8:45 am]
                                                                                                            costs will decline from $34.2 billion in
                                                    C. Proposal Three                                                                                             BILLING CODE 7710–FW–P
                                                                                                            FY 2014 to approximately $17 billion.
                                                       Unlike Proposals One and Two,                        Petition at 11–12.
                                                    Proposal Three does not involve issues                     Given the potentially significant
                                                                                                                                                                  ENVIRONMENTAL PROTECTION
                                                    related to the proper attribution of                    impact that Proposals One and Two
                                                                                                                                                                  AGENCY
                                                    variable costs to the Postal Service’s                  could have on the size of the Postal
                                                    products. Rather, in Proposal Three,                    Service’s unattributed costs, and given               40 CFR Part 52
                                                    UPS requests that the Commission                        that Proposal Three relates to the
                                                                                                            portion of these costs that should be                 [EPA–R06–OAR–2012–0434; FRL–9936–61–
                                                    reconsider the ‘‘appropriate share’’ of                                                                       Region 6]
                                                    institutional costs that must be covered                covered by competitive products, the
                                                    by competitive products. Petition,                      Commission finds that consideration of
                                                                                                                                                                  Approval and Promulgation of State
                                                    Proposal Three at 1. Pursuant to 39                     Proposal Three should be delayed until
                                                                                                                                                                  Implementation Plans, Louisiana
                                                    U.S.C. 3633(b), the Commission is                       the impact of Proposals One and Two
                                                    required to review the appropriate share                are known. Both the Commission and                    AGENCY:  Environmental Protection
                                                                                                            the mailing community will benefit                    Agency (EPA).
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    requirement at least every 5 years to
                                                    determine if the percentage should be                   from having this information before                   ACTION: Proposed rule.
                                                    ‘‘retained in its current form, modified,               evaluating UPS’s proposed adjustments
                                                    or eliminated.’’ The current appropriate                to the appropriate share requirement.                 SUMMARY:   The Environmental Protection
                                                    share, set by the Commission in CY                      Further, the Commission must allocate                 Agency (EPA) is proposing to approve
                                                                                                            its finite resources across multiple                  revisions to the State Implementation
                                                       7 Id. Proposal Two at 2. 39 U.S.C. 3633(a)(3)        priorities. Simultaneously considering                Plan (SIP) for Louisiana. These rule
                                                    requires that competitive products cover an             all three proposals may result in the                 revisions are the 2007 General
                                                    ‘‘appropriate share’’ of institutional costs.           Commission having insufficient                        Revisions, and 2008–2010


                                               VerDate Sep<11>2014   14:36 Nov 04, 2015   Jkt 238001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\05NOP1.SGM   05NOP1


                                                    68482                     Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules

                                                    Miscellaneous Rule Revisions to the SIP                             means EPA will not know your identity                                   listed in the index, some information
                                                    that were submitted by the State of                                 or contact information unless you                                       may be publicly available only at the
                                                    Louisiana. The overall intended                                     provide it in the body of your comment.                                 hard copy location (e.g., copyrighted
                                                    outcome is to make the approved                                     If you send an email comment directly                                   material), and some may not be publicly
                                                    Louisiana SIP consistent with current                               to EPA without going through                                            available at either location (e.g., CBI).
                                                    Federal and State requirements. This                                www.regulations.gov, your email                                         FOR FURTHER INFORMATION CONTACT: Mr.
                                                    action is in accordance with the federal                            address will be automatically captured                                  Alan Shar (6PD–L), telephone (214)
                                                    Clean Air Act (the Act).                                            and included as part of the comment                                     665–6691, email shar.alan@epa.gov. To
                                                    DATES: Comments must be received on                                 that is placed in the public docket and                                 inspect the hard copy materials, please
                                                    or before December 7, 2015.                                         made available on the Internet. If you                                  contact Alan Shar.
                                                    ADDRESSES: Submit your comments,                                    submit an electronic comment, EPA
                                                                                                                        recommends that you include your                                        SUPPLEMENTARY INFORMATION:
                                                    identified by Docket No. EPA–R06–
                                                                                                                        name and other contact information in                                   Throughout this document ‘‘we,’’ ‘‘us,’’
                                                    OAR–2012–0434, by one of the
                                                                                                                        the body of your comment and with any                                   and ‘‘our’’ refer to EPA.
                                                    following methods:
                                                       • www.regulations.gov. Follow the                                disk or CD–ROM you submit. If EPA                                       Background
                                                    on-line instructions for submitting                                 cannot read your comment due to
                                                    comments.                                                           technical difficulties and cannot contact                                  On July 5, 2011 (76 FR 38977) EPA
                                                       • Email: Alan Shar at shar.alan@                                 you for clarification, EPA may not be                                   finalized approval of general rule
                                                    epa.gov.                                                            able to consider your comment.                                          revisions to the Louisiana SIP which
                                                       • Mail or delivery: Air Planning                                 Electronic files should avoid the use of                                covered the years of 1996–2006.
                                                    Section Chief (6PD–L), Environmental                                special characters and any form of                                         We are now proposing to approve two
                                                    Protection Agency, 1445 Ross Avenue,                                encryption, and be free of any defects or                               revisions to the Louisiana SIP submitted
                                                    Suite 1200, Dallas, Texas 75202–2733.                               viruses. Multimedia submissions (audio,                                 to EPA by the Louisiana Department of
                                                       Instructions: Direct your comments to                            video, etc.) must be accompanied by a                                   Environmental Quality (LDEQ). The first
                                                    Docket ID No. EPA–R06–OAR–2012–                                     written comment. The written comment                                    submittal is the 2007 general revisions
                                                    0434. The EPA’s policy is that all                                  is considered the official comment and                                  submitted to EPA with a letter dated
                                                    comments received will be included in                               should include discussion of all points                                 August 14, 2009. The second submittal
                                                    the public docket without change and                                you wish to make. The EPA will                                          is the 2008–2010 miscellaneous rules
                                                    may be made available online at                                     generally not consider comments or                                      revisions submitted to EPA with a letter
                                                    www.regulations.gov, including any                                  comment contents located outside of the                                 dated August 29, 2013.
                                                    personal information provided, unless                               primary submission (i.e. on the web,                                    Evaluation
                                                    the comment includes information                                    cloud, or other file sharing system). For
                                                    claimed to be Confidential Business                                 additional information on submitting                                       The 2008–2010 miscellaneous rules
                                                    Information (CBI) or other information                              comments, please visit http://                                          revisions apply to Louisiana
                                                    the disclosure of which is restricted by                            www2.epa.gov/dockets/commenting-                                        Administrative Code (LAC) 33: III,
                                                    statute. Do not submit electronically any                           epa-dockets.                                                            Chapters 7 and 13. The 2007 general
                                                    information through                                                    Docket: The index to the docket for                                  revisions apply to LAC 33: III, Chapters
                                                    www.regulations.gov or email that you                               this action is available electronically at                              1, 2, 5, 6, 9, 11, 13, 15, 21, 22, 23, and
                                                    consider to be CBI or other information                             www.regulations.gov and in hard copy                                    25. The Louisiana rule revisions
                                                    whose disclosure is restricted by statute.                          at EPA Region 6, 1445 Ross Avenue,                                      submittals, their corresponding
                                                    The www.regulations.gov Web site is an                              Suite 700, Dallas, Texas 75202–2733.                                    Chapters, and our actions are shown in
                                                    ‘‘anonymous access’’ system, which                                  While all documents in the docket are                                   Table 1 below.

                                                                                           TABLE 1—SUBMITTALS, THEIR CORRESPONDING CHAPTERS, AND ACTIONS
                                                                                                                                                                                                                                              Chapters not
                                                                                 Submittals                                       Calendar year              Revisions to LAC 33:III Chapters acting upon                                     acting upon

                                                    Miscellaneous rules ....................................................          2008–2010         7, 13 ...........................................................................
                                                    General revisions ........................................................             2007         1, 9, 11, 13, 14, 21, 22, 23, and 25 ..........................                     2, 5, 6, and 15.



                                                      Certain provisions of the 2007 general                            section 110(l) of the Act has been                                      2015). We propose their approval into
                                                    revisions are not being acted upon here                             complied with.                                                          the SIP.
                                                    because they were withdrawn or we                                                                                                             Currently, the LAC 33:III Chapter 13
                                                                                                                           In 2006, EPA revised the National
                                                    plan to act on them separately in the                                                                                                       Abrasive Blasting is not in the EPA-
                                                                                                                        Ambient Air Quality Standards
                                                    future. In a letter dated October 2, 2015                                                                                                   approved SIP. The 2007 general
                                                                                                                        (NAAQS) for particulate matter. The                                     revisions submittal establishes the
                                                    LDEQ withdrew its revisions to Chapter                              LDEQ adopted revisions to NAAQS for
                                                    15 from our review. The October 2, 2015                                                                                                     standards of performance for abrasive
                                                                                                                        particulate matter in LAC 33:III, Chapter                               blasting operations and includes
                                                    withdrawal letter is available in this                              7. This revision will update the                                        provisions concerning requirement to
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    docket. The EPA plans to act on SIP                                 Louisiana air quality regulations to                                    control emissions through either
                                                    revisions to Chapters 2, 5, and 6                                   include the revised NAAQS for                                           enclosure or establishment of best
                                                    separately in the future.                                           particulate matter. The revision is                                     management practices, maintenance of
                                                      There is no increase in the amount of                             consistent with the NAAQS for PM2.5                                     control equipment, recordkeeping
                                                    emissions or number of sources affected                             and PM10 standards of 40 CFR 50. See                                    requirements, and prohibited materials
                                                    as a result of ministerial or                                       71 FR 61144 (October 17, 2006), and                                     and methods that cannot be used in
                                                    administrative rules revisions                                      http://www3.epa.gov/ttn/naaqs/                                          abrasive blasting activities
                                                    throughout this notice; therefore,                                  criteria.html (URL dated October 5,                                     requirements. The LDEQ later in its


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                                                                         Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules                                          68483

                                                    2008–2010 miscellaneous rules                           administrative in nature. We propose                  2302, and 2307; and Chapter 25,
                                                    submittal revised this rule by                          their approval into the SIP.                          §§ 2511, 2521, and 2531.
                                                    incorporating an updated version of the                   Revision to LAC 33:III Chapter 22                     We are proposing to approve these
                                                    American Society for Testing and                        Control of Emissions of Nitrogen Oxides               revisions in accordance with sections
                                                    Materials (ASTM) Test Method in                         concerns § 2201 removing the term ‘‘Air               110, and 129 of the Act.
                                                    § 1327 for taking samples when                          Permits Division.’’ This revision is                  Incorporation by Reference
                                                    determining the weight percent of fines                 ministerial or administrative in nature.
                                                    in abrasive materials. Incorporating a                  We propose its approval into the SIP.                   In this action, we are proposing to
                                                    specific ASTM Test Method in § 1327                       Revisions to LAC 33:III Chapter 23                  include in a final rule regulatory text
                                                    will provide for consistency in the rule                Control of Emissions for Specific                     that includes incorporation by
                                                    and facilitate compliance                               Industries concern §§ 2301 and 2303                   reference. In accordance with the
                                                    determinations. Revisions to LAC 33:III                 deleting the terms ‘‘Air Quality                      requirements of 1 CFR 51.5, we are
                                                    Chapter 13 will result in enhancing the                 Assessment Division;’’ and § 2307                     proposing to incorporate by reference
                                                    SIP, and reducing particulate matter                    deleting ‘‘the Office of Environmental                revisions to the Louisiana regulations as
                                                    emissions from abrasive blasting                        Compliance, Emergency and                             described in the Proposed Action
                                                    operations. We propose their approval                   Radiological Services Division’’ when                 section above. We have made, and will
                                                    into the SIP.                                           submitting the required reports and                   continue to make, these documents
                                                      Revisions to LAC 33:III Chapter 1                     plans. The revision are ministerial or                generally available electronically
                                                    General Provisions concern § 111                        administrative in nature. We propose                  through www.regulations.gov and/or in
                                                    Definitions. The revisions defines the                  their approval into the SIP.                          hard copy at the EPA Region 6 office.
                                                    term SPOC or the Single Point of                          Revisions to LAC 33:III Chapter 25,                 Statutory and Executive Order Reviews
                                                    Contact. The revision is ministerial or                 Subchapter B—Biomedical Waste                            Under the Clean Air Act, the
                                                    administrative in nature. We propose its                Incineration Rules concern § 2511                     Administrator is required to approve a
                                                    approval into the SIP.                                  Standards of Performance for                          SIP submission that complies with the
                                                      Revisions to LAC 33:III Chapter 9                     Biomedical Waste; Subchapter C-Refuse                 provisions of the Act and applicable
                                                    General Regulations on Control of                       Incinerators § 2521 Refuse Incinerators;              Federal regulations. If a portion of the
                                                    Emissions and Emission Standards                        and Subchapter D-Crematories § 2531                   plan revision meets all the applicable
                                                    concern § 918 Recordkeeping and                         Standards of Performance for                          requirements of this chapter and Federal
                                                    Annual Reporting and § 919 Emission                     Crematories. On July 5, 2011 (76 FR                   regulations, the Administrator may
                                                    Inventory which require data for                        38977) EPA approved the existing                      approve the plan revision in part. 42
                                                    emission reports be collected annually,                 provisions of LAC 33:III Chapter 25 into              U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
                                                    include air pollutants that a NAAQS has                 the SIP. The revisions reflect the                    in reviewing SIP submissions, EPA’s
                                                    been issued for, and the owner or                       updated names of offices or                           role is to approve state choices that meet
                                                    operator submit reports to the Office                   departmental organizations that reports               the criteria of the Act, and to disapprove
                                                    Environmental Assessment. The                           or test results should be submitted to for            state choices that do not meet the
                                                    revisions are ministerial or                            review and approval. The revisions are                criteria of the Act. Accordingly, this
                                                    administrative in nature. We propose                    ministerial or administrative in nature.              proposed action approves state law as
                                                    their approval into the SIP.                            We propose their approval into the SIP.               meeting Federal requirements and does
                                                      Revisions to LAC 33:III Chapter 11                      Certain provisions of the Louisiana                 not impose additional requirements
                                                    Control of Emissions of Smoke concern                   SIP are affected by EPA’s June 12, 2015               beyond those imposed by state law. For
                                                    reporting of opacity exceedances and                    National SIP Call (80 FR 33967). Those                that reason, this proposed action:
                                                    exemptions. The revisions now require                   provisions are identified as §§ 1107(A),                 • Is not a ‘‘significant regulatory
                                                    that reports be submitted to the SPOC                   1507(A)(1), 1507(B)(1), 2153(B)(1)(i),                action’’ subject to review by the Office
                                                    instead of the Office of Environmental                  2201(C)(8), 2307(C)(1), and 2307(C)(2).               of Management and Budget under
                                                    Compliance, Emergency and                               Finally, our proposed approval of                     Executive Order 12866 (58 FR 51735,
                                                    Radiological Services Division. The                     amendments to LAC 33:III, Chapters 11,                October 4, 1993);
                                                    revisions are ministerial or                            21, 22, and 23 should not, in any way,                   • Does not impose an information
                                                    administrative in nature. We propose                    be construed as explicitly or implicitly              collection burden under the provisions
                                                    their approval into the SIP.                            voiding or minimizing any concerns or                 of the Paperwork Reduction Act (44
                                                      Revisions to LAC 33:III Chapter 14                    inadequacies identified in EPA’s                      U.S.C. 3501 et seq.);
                                                    Conformity concern § 1410 Criteria for                  National SIP Call of June 12, 2015 (80                   • Is certified as not having a
                                                    Determining Conformity of General                       FR 33967) with respect to the above                   significant economic impact on a
                                                    Federal Actions and § 1434 Consultation                 referenced provisions. We continue to                 substantial number of small entities
                                                    that designate the secretary of                         expect that issues raised within the                  under the Regulatory Flexibility Act (5
                                                    Department of Environmental Quality or                  context of the EPA’s National SIP Call                U.S.C. 601 et seq.);
                                                    a designee and assistant secretary of the               to be addressed in a timely fashion. See                 • Does not contain any unfunded
                                                    Office of Planning and Programming or                   section 110(k)(5) of the Act.                         mandate or significantly or uniquely
                                                    a designee participate in the conformity                                                                      affect small governments, as described
                                                    consultation process. The revisions are                 Proposed Action
                                                                                                                                                                  in the Unfunded Mandates Reform Act
                                                    ministerial or administrative in nature.                   We are proposing to approve rule                   of 1995 (Pub. L. 104–4);
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    We propose their approval into the SIP.                 revisions to LAC 33:III, Chapter 1, § 111;               • Does not have Federalism
                                                      Revisions to LAC 33:III Chapter 21                    Chapter 7, §§ 701, 703, and 711; Chapter              implications as specified in Executive
                                                    Control of Emission of Organic                          9, §§ 918, and 919; Chapter 13, §§ 1323,              Order 13132 (64 FR 43255, August 10,
                                                    Compounds concern §§ 2103, 2108,                        1325, 1327, 1329, 1331, and 1333;                     1999);
                                                    2113, 2116, 2122, 2123, 2132, 2153, and                 Chapter 14, §§ 1410, and 1434; Chapter                   • Is not an economically significant
                                                    2159. See Part B of the TSD for more                    21, §§ 2103, 2108, 2113, 2116, 2121,                  regulatory action based on health or
                                                    information. The revisions throughout                   2122, 2123, 2132, 2153, and 2159;                     safety risks subject to Executive Order
                                                    this Chapter are ministerial and                        Chapter 22, § 2201; Chapter 23, §§ 2301,              13045 (62 FR 19885, April 23, 1997);


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                                                    68484                Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Proposed Rules

                                                      • Is not a significant regulatory action              Tennessee, to report actual emissions of              for the approval is set forth in the direct
                                                    subject to Executive Order 13211 (66 FR                 volatile organic compounds and oxides                 final rule and incorporated by reference
                                                    28355, May 22, 2001);                                   of nitrogen to the County Department                  herein. If no adverse comments are
                                                      • Is not subject to requirements of                   annually. These changes amend the                     received in response to this rule, no
                                                    section 12(d) of the National                           Knox County Air Quality Management                    further activity is contemplated. If EPA
                                                    Technology Transfer and Advancement                     Regulations in the Knox County portion                receives adverse comments, the direct
                                                    Act of 1995 (15 U.S.C. 272 note) because                of the Tennessee SIP to reflect the State             final rule will be withdrawn and all
                                                    application of those requirements would                 of Tennessee’s SIP-approved emissions                 adverse comments received will be
                                                    be inconsistent with the Clean Air Act;                 statement requirements for Knox                       addressed in a subsequent final rule
                                                      • Does not provide EPA with the                       County. This proposed action is being                 based on this proposed rule. EPA will
                                                    discretionary authority to address, as                  taken pursuant to the Clean Air Act and               not institute a second comment period
                                                    appropriate, disproportionate human                     its implementing regulations.                         on this document. Any parties
                                                    health or environmental effects, using                  DATES: Comments must be received on                   interested in commenting on this
                                                    practicable and legally permissible                     or before December 7, 2015.                           document should do so at this time.
                                                    methods, under Executive Order 12898                    ADDRESSES: Submit your comments,                        Dated: October 20, 2015.
                                                    (59 FR 7629, February 16, 1994); and                    identified by Docket ID No. EPA–R04–                  Heather McTeer Toney,
                                                      • Is not approved to apply on any                     OAR–2015–0456 by one of the following                 Regional Administrator, Region 4.
                                                    Indian reservation land or in any other                 methods:                                              [FR Doc. 2015–28106 Filed 11–4–15; 8:45 am]
                                                    area where EPA or an Indian tribe has                      1. www.regulations.gov: Follow the
                                                    demonstrated that a tribe has                                                                                 BILLING CODE 6560–50–P
                                                                                                            on-line instructions for submitting
                                                    jurisdiction. In those areas of Indian                  comments.
                                                    country, the proposed rule does not                        2. Email: R4–ARMS@epa.gov.                         ENVIRONMENTAL PROTECTION
                                                    have tribal implications and will not                      3. Fax: (404) 562–9019.                            AGENCY
                                                    impose substantial direct costs on tribal                  4. Mail: ‘‘EPA–R04–OAR–2015–
                                                    governments or preempt tribal law as                    0456’’, Air Regulatory Management                     40 CFR Part 52
                                                    specified by Executive Order 13175 (65                  Section (formerly Regulatory
                                                    FR 67249, November 9, 2000).                                                                                  [EPA–R09–OAR–2015–0552; FRL–9936–70–
                                                                                                            Development Section), Air Planning and                Region 9]
                                                    List of Subjects in 40 CFR Part 52                      Implementation Branch, Air, Pesticides
                                                                                                            and Toxics Management Division, U.S.                  Approval of California Air Plan
                                                      Environmental protection, Air
                                                                                                            Environmental Protection Agency,                      Revisions, San Joaquin Valley Unified
                                                    pollution control, Hydrocarbons,
                                                                                                            Region 4, 61 Forsyth Street SW.,                      Air Pollution Control District and South
                                                    Incorporation by reference,
                                                                                                            Atlanta, Georgia 30303–8960.                          Coast Air Quality Management District
                                                    Intergovernmental relations, Reporting
                                                                                                               5. Hand Delivery or Courier: Lynorae
                                                    and recordkeeping requirements,                                                                               AGENCY:  Environmental Protection
                                                                                                            Benjamin, Chief, Air Regulatory
                                                    Volatile organic compounds.                                                                                   Agency (EPA).
                                                                                                            Management Section, Air Planning and
                                                       Authority: 42 U.S.C. 7401 et seq.                    Implementation Branch, Air, Pesticides                ACTION: Proposed rule.
                                                      Dated: October 27, 2015.                              and Toxics Management Division, U.S.
                                                                                                                                                                  SUMMARY:   The Environmental Protection
                                                    Samuel Coleman,                                         Environmental Protection Agency,
                                                                                                                                                                  Agency (EPA) is proposing to approve
                                                    Acting Regional Administrator, Region 6.                Region 4, 61 Forsyth Street SW.,
                                                                                                                                                                  revisions to the San Joaquin Valley
                                                                                                            Atlanta, Georgia 30303–8960. Such
                                                    [FR Doc. 2015–28277 Filed 11–4–15; 8:45 am]                                                                   Unified Air Pollution Control District
                                                                                                            deliveries are only accepted during the
                                                    BILLING CODE 6560–50–P                                                                                        (SJVUAPCD) and South Coast Air
                                                                                                            Regional Office’s normal hours of
                                                                                                                                                                  Quality Management District
                                                                                                            operation. The Regional Office’s official
                                                                                                                                                                  (SCAQMD) portions of the California
                                                    ENVIRONMENTAL PROTECTION                                hours of business are Monday through
                                                                                                                                                                  State Implementation Plan (SIP). These
                                                    AGENCY                                                  Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                                                                                                                                  revisions concern emissions of oxides of
                                                                                                            Federal holidays.
                                                                                                                                                                  nitrogen (NOX) from fan-driven natural
                                                    40 CFR Part 52                                             Please see the direct final rule which
                                                                                                                                                                  gas-fired central furnaces for residences
                                                                                                            is located in the Rules section of this
                                                    [EPA–R04–OAR–2015–0456; FRL–9936–56–                                                                          and businesses. We are proposing to
                                                                                                            Federal Register for detailed
                                                    Region 4]                                                                                                     approve local rules to regulate these
                                                                                                            instructions on how to submit
                                                                                                                                                                  emission sources under the Clean Air
                                                    Air Plan Approval; TN; Knox County                      comments.
                                                                                                                                                                  Act (CAA or the Act). We are taking
                                                    Emissions Statements                                    FOR FURTHER INFORMATION CONTACT:                      comments on this proposal and plan to
                                                                                                            Tiereny Bell, Air Regulatory                          follow with a final action.
                                                    AGENCY:  Environmental Protection
                                                                                                            Management Section, Air Planning and                  DATES: Any comments must arrive by
                                                    Agency (EPA).
                                                                                                            Implementation Branch, Air, Pesticides                December 7, 2015.
                                                    ACTION: Proposed rule.                                  and Toxics Management Division, U.S.
                                                                                                                                                                  ADDRESSES: Submit comments,
                                                    SUMMARY:   The Environmental Protection                 Environmental Protection Agency,
                                                                                                                                                                  identified by docket ID number EPA–
                                                    Agency (EPA) is proposing to approve                    Region 4, 61 Forsyth Street SW.,
                                                                                                                                                                  R09–OAR–2015–0552, by one of the
                                                    changes to the Tennessee state                          Atlanta, Georgia 30303–8960. Ms. Bell
                                                                                                                                                                  following methods:
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                                                    implementation plan (SIP) submitted by                  can be reached at (404) 562–9088 and                    1. Federal eRulemaking Portal:
                                                    the State of Tennessee, through the                     via electronic mail at                                www.regulations.gov. Follow the on-line
                                                    Tennessee Department of Environment                     bell.tiereny@epa.gov.                                 instructions.
                                                    and Conservation on behalf of the Knox                  SUPPLEMENTARY INFORMATION:    For                       2. Email: steckel.andrew@epa.gov.
                                                    County Department of Air Quality                        additional information, see the direct                  3. Mail or deliver: Andrew Steckel
                                                    Management (County Department), on                      final rule which is published in the                  (Air-4), U.S. Environmental Protection
                                                    March 14, 2014, and May 14, 2015, that                  Rules and Regulations section of this                 Agency Region IX, 75 Hawthorne Street,
                                                    require certain sources in Knox County,                 Federal Register. A detailed rationale                San Francisco, CA 94105–3901.


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Document Created: 2015-12-14 15:03:56
Document Modified: 2015-12-14 15:03:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before December 7, 2015.
ContactMr. Alan Shar (6PD-L), telephone (214) 665-6691, email [email protected] To inspect the hard copy materials, please contact Alan Shar.
FR Citation80 FR 68481 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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