81_FR_46743 81 FR 46606 - Approval and Promulgation of Implementation Plans; Louisiana; Permitting of Greenhouse Gases

81 FR 46606 - Approval and Promulgation of Implementation Plans; Louisiana; Permitting of Greenhouse Gases

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 137 (July 18, 2016)

Page Range46606-46608
FR Document2016-16791

The Environmental Protection Agency (EPA) is partially approving and partially disapproving a revision to the Louisiana State Implementation Plan (SIP) submitted on December 21, 2011. This revision outlines the State's program to regulate and permit emissions of greenhouse gases (GHGs) in the Louisiana Prevention of Significant Deterioration (PSD) program. We are approving these provisions to the extent that they address the GHG permitting requirements for sources already subject to PSD for pollutants other than GHGs. We are disapproving these provisions to the extent they require PSD permitting for sources that emit only GHGs above the thresholds triggering the requirement to obtain a PSD permit since that is no longer consistent with federal law. The EPA is taking this action under section 110 and part C of the Clean Air Act (CAA or Act).

Federal Register, Volume 81 Issue 137 (Monday, July 18, 2016)
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46606-46608]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16791]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0022; FRL-9949-09-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Permitting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving a revision to the Louisiana State 
Implementation Plan (SIP) submitted on December 21, 2011. This revision 
outlines the State's program to regulate and permit emissions of 
greenhouse gases (GHGs) in the Louisiana Prevention of Significant 
Deterioration (PSD) program. We are approving these provisions to the 
extent that they address the GHG permitting requirements for sources 
already subject to PSD for pollutants other than GHGs. We are 
disapproving these provisions to the extent they require PSD permitting 
for sources that emit only GHGs above the thresholds triggering the 
requirement to obtain a PSD permit since that is no longer consistent 
with federal law. The EPA is taking this action under section 110 and 
part C of the Clean Air Act (CAA or Act).

DATES: This rule is effective on August 17, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0022. 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: Ms. Adina Wiley, [email protected], 
(214) 665-2115.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our May 6, 
2016 proposal. See 81 FR 27382. In that document we proposed to approve 
as revisions to the Louisiana SIP, the revisions to the Louisiana PSD 
permitting program submitted on December 21, 2011, that provide the 
State the authority to regulate and permit emissions of GHGs from Step 
1 sources in the Louisiana PSD program. We also proposed to disapprove 
the provisions submitted on December 21, 2011, that would enable the 
State of Louisiana to regulate and permit Step 2 sources under the 
Louisiana PSD program because the submitted provisions were no longer 
consistent with federal laws.
    Our proposed action also corrected an omission in the EPA's August 
19, 2015, proposed approval of the Louisiana Major New Source Review 
program, where we did not explicitly propose approval of a portion of 
the definition of ``major stationary source.'' To correct this 
omission, we provided an additional opportunity for the public to 
comment on the revisions to the definition of ``major stationary 
source'' at LAC 33:III.509(B) submitted on December 20, 2005 as 
subparagraph (e), but was moved to subparagraph (f) in the December 21, 
2011 submittal.

II. Response to Comments

    We received comments from the Louisiana Department of Environmental 
Quality (LDEQ). Our responses are provided below.
    Comment 1: The LDEQ commented that the State initiated rulemaking 
AQ358 on January 20, 2016, to remove the PSD GHG Step 2 permitting 
provisions. The rulemaking was promulgated on April 20, 2016, after no 
comments were received during the public comment period. Therefore, 
LDEQ's PSD program no longer contains permitting requirements for Step 
2 sources. The LDEQ also submitted copies of the AQ358 rulemaking for 
reference.
    Response 1: We recognize that the LDEQ has completed a rulemaking 
to remove the Step 2 GHG permitting provisions from the LDEQ PSD 
program consistent with our proposed partial disapproval. Today's final 
action disapproves the Step 2 provisions that were submitted for the 
EPA's consideration as a revision to the Louisiana SIP. No further 
actions are necessary on the part of the LDEQ to remove the Step 2 
provisions adopted by the LDEQ on April 20, 2011 and submitted December 
21, 2011, from our consideration. Further, today's final action also 
removes the portion of the Louisiana SIP at 40 CFR 52.986(c) where the 
EPA narrowed our approval of the Louisiana PSD SIP to apply to Step 2 
permitting. See 75 FR 82536, December 30, 2010.
    Comment 2: The LDEQ provided comment on the EPA's interpretation of 
the ``automatic rescission provisions'' under LAC 33:III.501(C)(14). 
Specifically, the LDEQ commented that ``In the event of a ``change in 
federal law'' or a Supreme Court or D.C. Circuit ``order which limits 
or renders ineffective the regulation'' of GHGs under Part C of Title I 
of the Clean Air Act, LDEQ will provide notice to the general public 
and regulated community if such law or order will impact how LDEQ's 
[sic] administers its PSD program under LAC 33:III.509. In addition, 
LDEQ will ensure that any such changes are consistent with EPA's 
interpretation of the law or order.''
    Response 2: The EPA appreciates the comment from the LDEQ and the 
affirmation that the LDEQ will provide notice to the general public and 
community in the event of a change in federal law or a court decision 
that limits or renders ineffective the regulation of GHGs under the PSD 
program. We note that the LDEQ stated public notice would likely be 
through the LDEQ Web site; we find this method to be sufficient to 
satisfy the requirements of section 110(l) of the CAA.

III. Final Action

    We are approving the following revisions to the Louisiana SIP 
submitted on December 21, 2011. The revisions were adopted and 
submitted in accordance with the CAA and are consistent with the laws 
and regulations for PSD permitting of GHGs; therefore we are taking 
final action to approve these revisions under section 110 and part C of 
the Act.
     New provisions as LAC 33:III.501(C)(14) adopted on April 
20, 2011 and submitted December 21, 2011;
     New definitions of ``carbon dioxide equivalent'' and 
``greenhouse gases'' at LAC 33:III.509(B) adopted on April 20, 2011 and 
submitted December 21, 2011;
     Revisions to the definitions of ``major stationary 
source'' paragraphs (a) and (b) and ``significant'' at LAC 
33:III.509(B) adopted on April 20, 2011 and submitted on December 21, 
2011; and
     Revisions to the definition of ``major stationary source'' 
paragraph (e)

[[Page 46607]]

as submitted on December 20, 2005, and renumbered to paragraph (f) in 
the April 20, 2011 adoption submitted on December 21, 2011.
    As a result of our final approval of the above revisions, the EPA 
is also removing the existing provisions at 40 CFR 52.986(c) under 
which the EPA narrowed the applicability of the Louisiana PSD program 
to regulate sources consistent with federal PSD permitting 
requirements.
    We are disapproving the following severable portions of the 
December 21, 2011 Louisiana SIP submittal that establish GHG permitting 
requirements for Step 2 sources:
     Revisions to the definitions of ``major stationary 
source'' paragraph (c) and ``significant'' as it pertains to Step 2 
sources, adopted on April 20, 2011 and submitted on December 21, 2011.
    As a result of our final disapproval of the above revisions, the 
EPA is adding a new entry at 40 CFR 52.986(c) to reflect the 
disapproval of the PSD GHG Step 2 provisions. We are taking this final 
action under section 110 and part C of the Act; as such, we are not 
imposing sanctions as a result of this final disapproval. This final 
disapproval does not require the EPA to promulgate a Federal 
Implementation Plan because we are finding that the submitted 
provisions are inconsistent with federal laws for the regulation and 
permitting of GHG emissions.

IV. 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.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action proposes approval of the portions of the submitted revisions to 
State law for the regulation and permitting of GHG emissions consistent 
with federal requirements and proposes disapproval of the portions of 
the state laws that do not meet Federal requirements for the regulation 
and permitting of GHG emissions.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. There is no burden imposed under the PRA because this action 
proposes to disapprove submitted revisions that are no longer 
consistent with federal laws for the regulation and permitting of GHG 
emissions.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
proposes to disapprove submitted revisions that are no longer 
consistent with federal laws for the regulation and permitting of GHG 
emissions, and therefore will have no impact on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector. This action proposes 
to disapprove submitted revisions that are no longer consistent with 
federal laws for the regulation and permitting of GHG emissions, and 
therefore will have no impact on small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action proposes to disapprove provisions of 
state law that are no longer consistent with federal laws for the 
regulation and permitting of GHG emissions; there are no requirements 
or responsibilities added or removed from Indian Tribal Governments. 
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it disapproves state permitting 
provisions that are inconsistent with federal laws for the regulation 
and permitting of GHG emissions.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action is not subject to Executive 
Order 12898 because it disapproves state permitting provisions that are 
inconsistent with federal laws for the regulation and permitting of GHG 
emissions.
    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,

[[Page 46608]]

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 September 16, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR part 52

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

    Dated: July 7, 2016.
Ron Curry,
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(c), the table titled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP'' is amended by revising the entries 
for ``Section 501'' and ``Section 509'' under Chapter 5--Permit 
Procedures to 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
                                                              Chapter 5--Permit Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 501......................  Scope and Applicability..       4/20/2011  7/18/2016, [Insert Federal Register   ....................................
                                                                               citation].
 
                                                                      * * * * * * *
Section 509......................  Prevention of Significant      12/20/2012  7/18/2016, [Insert Federal Register   SIP does not include the provisions
                                    Deterioration.                             citation].                            for Step 2 GHG permitting at
                                                                                                                     ``major stationary source''
                                                                                                                     paragraph (c) or ``significant'' as
                                                                                                                     adopted on April 20, 2011.
                                                                                                                    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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.986 is amended by revising paragraph (c) to read as 
follows:


Sec.  52.986  Significant deterioration of air quality.

* * * * *
    (c) The revisions to the Louisiana SIP adopted on April 20, 2011, 
and submitted on December 21, 2011, establishing PSD permitting 
requirements for sources that are classified as major and thus required 
to obtain a PSD permit based solely on their potential GHG emissions 
(``Step 2'' sources) at the definition of ``major stationary source'' 
paragraph (c) and the definition of ``significant'' at LAC 
33:III.509(B), are disapproved as inconsistent with federal law for the 
regulation and permitting of GHGs.
[FR Doc. 2016-16791 Filed 7-15-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  46606               Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations

                                                  (Authority: 38 U.S.C. 1710)                              SUPPLEMENTARY INFORMATION:                            remove the Step 2 provisions adopted
                                                  [FR Doc. 2016–16917 Filed 7–15–16; 8:45 am]              Throughout this document ‘‘we,’’ ‘‘us,’’              by the LDEQ on April 20, 2011 and
                                                  BILLING CODE 8320–01–P                                   and ‘‘our’’ means the EPA.                            submitted December 21, 2011, from our
                                                                                                                                                                 consideration. Further, today’s final
                                                                                                           I. Background
                                                                                                                                                                 action also removes the portion of the
                                                                                                              The background for this action is                  Louisiana SIP at 40 CFR 52.986(c) where
                                                  ENVIRONMENTAL PROTECTION
                                                                                                           discussed in detail in our May 6, 2016                the EPA narrowed our approval of the
                                                  AGENCY
                                                                                                           proposal. See 81 FR 27382. In that                    Louisiana PSD SIP to apply to Step 2
                                                  40 CFR Part 52                                           document we proposed to approve as                    permitting. See 75 FR 82536, December
                                                                                                           revisions to the Louisiana SIP, the                   30, 2010.
                                                  [EPA–R06–OAR–2012–0022; FRL–9949–09–                     revisions to the Louisiana PSD                           Comment 2: The LDEQ provided
                                                  Region 6]                                                permitting program submitted on                       comment on the EPA’s interpretation of
                                                                                                           December 21, 2011, that provide the                   the ‘‘automatic rescission provisions’’
                                                  Approval and Promulgation of
                                                                                                           State the authority to regulate and                   under LAC 33:III.501(C)(14).
                                                  Implementation Plans; Louisiana;
                                                                                                           permit emissions of GHGs from Step 1                  Specifically, the LDEQ commented that
                                                  Permitting of Greenhouse Gases
                                                                                                           sources in the Louisiana PSD program.                 ‘‘In the event of a ‘‘change in federal
                                                  AGENCY:  Environmental Protection                        We also proposed to disapprove the                    law’’ or a Supreme Court or D.C. Circuit
                                                  Agency (EPA).                                            provisions submitted on December 21,                  ‘‘order which limits or renders
                                                  ACTION: Final rule.                                      2011, that would enable the State of                  ineffective the regulation’’ of GHGs
                                                                                                           Louisiana to regulate and permit Step 2               under Part C of Title I of the Clean Air
                                                  SUMMARY:   The Environmental Protection                  sources under the Louisiana PSD                       Act, LDEQ will provide notice to the
                                                  Agency (EPA) is partially approving and                  program because the submitted                         general public and regulated community
                                                  partially disapproving a revision to the                 provisions were no longer consistent                  if such law or order will impact how
                                                  Louisiana State Implementation Plan                      with federal laws.                                    LDEQ’s [sic] administers its PSD
                                                  (SIP) submitted on December 21, 2011.                       Our proposed action also corrected an              program under LAC 33:III.509. In
                                                  This revision outlines the State’s                       omission in the EPA’s August 19, 2015,                addition, LDEQ will ensure that any
                                                  program to regulate and permit                           proposed approval of the Louisiana                    such changes are consistent with EPA’s
                                                  emissions of greenhouse gases (GHGs)                     Major New Source Review program,                      interpretation of the law or order.’’
                                                  in the Louisiana Prevention of                           where we did not explicitly propose                      Response 2: The EPA appreciates the
                                                  Significant Deterioration (PSD) program.                 approval of a portion of the definition               comment from the LDEQ and the
                                                  We are approving these provisions to                     of ‘‘major stationary source.’’ To correct            affirmation that the LDEQ will provide
                                                  the extent that they address the GHG                     this omission, we provided an                         notice to the general public and
                                                  permitting requirements for sources                      additional opportunity for the public to              community in the event of a change in
                                                  already subject to PSD for pollutants                    comment on the revisions to the                       federal law or a court decision that
                                                  other than GHGs. We are disapproving                     definition of ‘‘major stationary source’’             limits or renders ineffective the
                                                  these provisions to the extent they                      at LAC 33:III.509(B) submitted on                     regulation of GHGs under the PSD
                                                  require PSD permitting for sources that                  December 20, 2005 as subparagraph (e),                program. We note that the LDEQ stated
                                                  emit only GHGs above the thresholds                      but was moved to subparagraph (f) in                  public notice would likely be through
                                                  triggering the requirement to obtain a                   the December 21, 2011 submittal.                      the LDEQ Web site; we find this method
                                                  PSD permit since that is no longer                                                                             to be sufficient to satisfy the
                                                                                                           II. Response to Comments
                                                  consistent with federal law. The EPA is                                                                        requirements of section 110(l) of the
                                                  taking this action under section 110 and                    We received comments from the                      CAA.
                                                  part C of the Clean Air Act (CAA or                      Louisiana Department of Environmental
                                                  Act).                                                    Quality (LDEQ). Our responses are                     III. Final Action
                                                                                                           provided below.                                          We are approving the following
                                                  DATES: This rule is effective on August                     Comment 1: The LDEQ commented
                                                  17, 2016.                                                                                                      revisions to the Louisiana SIP submitted
                                                                                                           that the State initiated rulemaking                   on December 21, 2011. The revisions
                                                  ADDRESSES: The EPA has established a                     AQ358 on January 20, 2016, to remove                  were adopted and submitted in
                                                  docket for this action under Docket ID                   the PSD GHG Step 2 permitting                         accordance with the CAA and are
                                                  No. EPA–R06–OAR–2012–0022. All                           provisions. The rulemaking was                        consistent with the laws and regulations
                                                  documents in the docket are listed on                    promulgated on April 20, 2016, after no               for PSD permitting of GHGs; therefore
                                                  the http://www.regulations.gov Web                       comments were received during the                     we are taking final action to approve
                                                  site. Although listed in the index, some                 public comment period. Therefore,                     these revisions under section 110 and
                                                  information is not publicly available,                   LDEQ’s PSD program no longer contains                 part C of the Act.
                                                  e.g., Confidential Business Information                  permitting requirements for Step 2                       • New provisions as LAC
                                                  or other information whose disclosure is                 sources. The LDEQ also submitted                      33:III.501(C)(14) adopted on April 20,
                                                  restricted by statute. Certain other                     copies of the AQ358 rulemaking for                    2011 and submitted December 21, 2011;
                                                  material, such as copyrighted material,                  reference.                                               • New definitions of ‘‘carbon dioxide
                                                  is not placed on the Internet and will be                   Response 1: We recognize that the                  equivalent’’ and ‘‘greenhouse gases’’ at
                                                  publicly available only in hard copy                     LDEQ has completed a rulemaking to                    LAC 33:III.509(B) adopted on April 20,
                                                  form. Publicly available docket                          remove the Step 2 GHG permitting                      2011 and submitted December 21, 2011;
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  materials are available either                           provisions from the LDEQ PSD program                     • Revisions to the definitions of
                                                  electronically through http://                           consistent with our proposed partial                  ‘‘major stationary source’’ paragraphs (a)
                                                  www.regulations.gov or in hard copy at                   disapproval. Today’s final action                     and (b) and ‘‘significant’’ at LAC
                                                  the EPA Region 6, 1445 Ross Avenue,                      disapproves the Step 2 provisions that                33:III.509(B) adopted on April 20, 2011
                                                  Suite 700, Dallas, Texas 75202–2733.                     were submitted for the EPA’s                          and submitted on December 21, 2011;
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                     consideration as a revision to the                    and
                                                  Adina Wiley, wiley.adina@epa.gov,                        Louisiana SIP. No further actions are                    • Revisions to the definition of
                                                  (214) 665–2115.                                          necessary on the part of the LDEQ to                  ‘‘major stationary source’’ paragraph (e)


                                             VerDate Sep<11>2014   16:07 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1


                                                                      Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations                                         46607

                                                  as submitted on December 20, 2005, and                   of the portions of the state laws that do             disapprove provisions of state law that
                                                  renumbered to paragraph (f) in the April                 not meet Federal requirements for the                 are no longer consistent with federal
                                                  20, 2011 adoption submitted on                           regulation and permitting of GHG                      laws for the regulation and permitting of
                                                  December 21, 2011.                                       emissions.                                            GHG emissions; there are no
                                                     As a result of our final approval of the                                                                    requirements or responsibilities added
                                                  above revisions, the EPA is also                         A. Executive Order 12866: Regulatory
                                                                                                                                                                 or removed from Indian Tribal
                                                  removing the existing provisions at 40                   Planning and Review and Executive
                                                                                                                                                                 Governments. Thus, Executive Order
                                                  CFR 52.986(c) under which the EPA                        Order 13563: Improving Regulation and
                                                                                                                                                                 13175 does not apply to this action.
                                                  narrowed the applicability of the                        Regulatory Review
                                                  Louisiana PSD program to regulate                          This action is not a significant                    G. Executive Order 13045: Protection of
                                                  sources consistent with federal PSD                      regulatory action and was therefore not               Children From Environmental Health
                                                  permitting requirements.                                 submitted to the Office of Management                 Risks and Safety Risks
                                                     We are disapproving the following                     and Budget (OMB) for review.                            The EPA interprets Executive Order
                                                  severable portions of the December 21,                                                                         13045 as applying only to those
                                                  2011 Louisiana SIP submittal that                        B. Paperwork Reduction Act (PRA)
                                                                                                                                                                 regulatory actions that concern
                                                  establish GHG permitting requirements                      This action does not impose an                      environmental health or safety risks that
                                                  for Step 2 sources:                                      information collection burden under the               the EPA has reason to believe may
                                                     • Revisions to the definitions of                     PRA. There is no burden imposed under                 disproportionately affect children, per
                                                  ‘‘major stationary source’’ paragraph (c)                the PRA because this action proposes to               the definition of ‘‘covered regulatory
                                                  and ‘‘significant’’ as it pertains to Step               disapprove submitted revisions that are               action’’ in section 2–202 of the
                                                  2 sources, adopted on April 20, 2011                     no longer consistent with federal laws                Executive Order. This action is not
                                                  and submitted on December 21, 2011.                      for the regulation and permitting of                  subject to Executive Order 13045
                                                     As a result of our final disapproval of               GHG emissions.                                        because it disapproves state permitting
                                                  the above revisions, the EPA is adding                                                                         provisions that are inconsistent with
                                                  a new entry at 40 CFR 52.986(c) to                       C. Regulatory Flexibility Act (RFA)
                                                                                                                                                                 federal laws for the regulation and
                                                  reflect the disapproval of the PSD GHG                      I certify that this action will not have           permitting of GHG emissions.
                                                  Step 2 provisions. We are taking this                    a significant economic impact on a
                                                  final action under section 110 and part                  substantial number of small entities                  H. Executive Order 13211: Actions
                                                  C of the Act; as such, we are not                        under the RFA. This action will not                   Concerning Regulations That
                                                  imposing sanctions as a result of this                   impose any requirements on small                      Significantly Affect Energy Supply,
                                                  final disapproval. This final disapproval                entities. This action proposes to                     Distribution or Use
                                                  does not require the EPA to promulgate                   disapprove submitted revisions that are                 This action is not subject to Executive
                                                  a Federal Implementation Plan because                    no longer consistent with federal laws                Order 13211, because it is not a
                                                  we are finding that the submitted                        for the regulation and permitting of                  significant regulatory action under
                                                  provisions are inconsistent with federal                 GHG emissions, and therefore will have                Executive Order 12866.
                                                  laws for the regulation and permitting of                no impact on small entities.
                                                                                                                                                                 I. National Technology Transfer and
                                                  GHG emissions.
                                                                                                           D. Unfunded Mandates Reform Act                       Advancement Act (NTTAA)
                                                  IV. Incorporation by Reference                           (UMRA)                                                   This rulemaking does not involve
                                                    In this rule, we are finalizing                           This action does not contain any                   technical standards.
                                                  regulatory text that includes                            unfunded mandate as described in
                                                  incorporation by reference. In                                                                                 J. Executive Order 12898: Federal
                                                                                                           UMRA, 2 U.S.C. 1531–1538, and does
                                                  accordance with the requirements of 1                                                                          Actions To Address Environmental
                                                                                                           not significantly or uniquely affect small
                                                  CFR 51.5, we are finalizing the                                                                                Justice in Minority Populations and
                                                                                                           governments. The action imposes no
                                                  incorporation by reference of the                                                                              Low-Income Populations
                                                                                                           enforceable duty on any state, local or
                                                  revisions to the Louisiana regulations as                tribal governments or the private sector.                The EPA believes the human health or
                                                  described in the Final Action section                    This action proposes to disapprove                    environmental risk addressed by this
                                                  above. We have made, and will continue                   submitted revisions that are no longer                action will not have potential
                                                  to make, these documents generally                       consistent with federal laws for the                  disproportionately high and adverse
                                                  available electronically through                         regulation and permitting of GHG                      human health or environmental effects
                                                  www.regulations.gov and/or in hard                       emissions, and therefore will have no                 on minority, low-income or indigenous
                                                  copy at the EPA Region 6 office.                         impact on small governments.                          populations. This action is not subject
                                                                                                                                                                 to Executive Order 12898 because it
                                                  V. Statutory and Executive Order                         E. Executive Order 13132: Federalism                  disapproves state permitting provisions
                                                  Reviews                                                    This action does not have federalism                that are inconsistent with federal laws
                                                    Under the CAA, the Administrator is                    implications. It will not have substantial            for the regulation and permitting of
                                                  required to approve a SIP submission                     direct effects on the states, on the                  GHG emissions.
                                                  that complies with the provisions of the                 relationship between the national                        The Congressional Review Act, 5
                                                  Act and applicable Federal regulations.                  government and the states, or on the                  U.S.C. 801 et seq., as added by the Small
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                      distribution of power and                             Business Regulatory Enforcement
                                                  Thus, in reviewing SIP submissions, the                  responsibilities among the various                    Fairness Act of 1996, generally provides
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  EPA’s role is to approve state choices,                  levels of government.                                 that before a rule may take effect, the
                                                  provided that they meet the criteria of                                                                        agency promulgating the rule must
                                                  the CAA. Accordingly, this action                        F. Executive Order 13175: Consultation                submit a rule report, which includes a
                                                  proposes approval of the portions of the                 and Coordination With Indian Tribal                   copy of the rule, to each House of the
                                                  submitted revisions to State law for the                 Governments                                           Congress and to the Comptroller General
                                                  regulation and permitting of GHG                           This action does not have tribal                    of the United States. EPA will submit a
                                                  emissions consistent with federal                        implications as specified in Executive                report containing this action and other
                                                  requirements and proposes disapproval                    Order 13175. This action proposes to                  required information to the U.S. Senate,


                                             VerDate Sep<11>2014   16:07 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00041   Fmt 4700   Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1


                                                  46608                  Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations

                                                  the U.S. House of Representatives, and                           review may be filed, and shall not                           PART 52—APPROVAL AND
                                                  the Comptroller General of the United                            postpone the effectiveness of such rule                      PROMULGATION OF
                                                  States prior to publication of the rule in                       or action. This action may not be                            IMPLEMENTATION PLANS
                                                  the Federal Register. A major rule                               challenged later in proceedings to
                                                  cannot take effect until 60 days after it                        enforce its requirements. (See section                       ■ 1. The authority citation for part 52
                                                  is published in the Federal Register.                            307(b)(2).)                                                  continues to read as follows:
                                                  This action is not a ‘‘major rule’’ as                                                                                            Authority: 42 U.S.C. 7401 et seq.
                                                                                                                   List of Subjects in 40 CFR part 52
                                                  defined by 5 U.S.C. 804(2).
                                                     Under section 307(b)(1) of the Clean                            Environmental protection, Air                              Subpart T—Louisiana
                                                  Air Act, petitions for judicial review of                        pollution control, Incorporation by                          ■  2. In § 52.970(c), the table titled ‘‘EPA
                                                  this action must be filed in the United                          reference, Nitrogen dioxide, Ozone,                          Approved Louisiana Regulations in the
                                                  States Court of Appeals for the                                  Particulate matter, Reporting and                            Louisiana SIP’’ is amended by revising
                                                  appropriate circuit by September 16,                             recordkeeping requirements, Sulfur                           the entries for ‘‘Section 501’’ and
                                                  2016. Filing a petition for                                      oxides, Volatile organic compounds.                          ‘‘Section 509’’ under Chapter 5—Permit
                                                  reconsideration by the Administrator of                            Dated: July 7, 2016.                                       Procedures to read as follows:
                                                  this final rule does not affect the finality                     Ron Curry,
                                                  of this action for the purposes of judicial                                                                                   § 52.970    Identification of plan.
                                                                                                                   Regional Administrator, Region 6.
                                                  review nor does it extend the time                                                                                            *       *    *       *     *
                                                  within which a petition for judicial                                 40 CFR part 52 is amended as follows:                        (c) * * *

                                                                                                EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
                                                                                                                                                  State approval
                                                        State citation                                     Title/Subject                                                   EPA approval date                   Comments
                                                                                                                                                       date


                                                             *                            *                            *                   *                               *                     *                      *
                                                                                                                              Chapter 5—Permit Procedures

                                                  Section 501 ................   Scope and Applicability .................................                4/20/2011    7/18/2016, [Insert Federal
                                                                                                                                                                         Register citation].

                                                           *                         *                      *                                     *                       *                    *                        *
                                                  Section 509 ................   Prevention of Significant Deterioration .........                      12/20/2012     7/18/2016, [Insert Federal    SIP does not include the
                                                                                                                                                                         Register citation].           provisions for Step 2
                                                                                                                                                                                                       GHG permitting at
                                                                                                                                                                                                       ‘‘major stationary
                                                                                                                                                                                                       source’’ paragraph (c)
                                                                                                                                                                                                       or ‘‘significant’’ as
                                                                                                                                                                                                       adopted on April 20,
                                                                                                                                                                                                       2011.
                                                                                                                                                                                                     SIP does not include the
                                                                                                                                                                                                       PM2.5 SMC at LAC
                                                                                                                                                                                                       33:III.509(I)(5)(a) from
                                                                                                                                                                                                       the 12/20/2012 adop-
                                                                                                                                                                                                       tion. LAC
                                                                                                                                                                                                       33:III.509(I)(5)(a) is SIP-
                                                                                                                                                                                                       approved as of 10/20/
                                                                                                                                                                                                       2007 adoption.


                                                             *                            *                            *                          *                        *                     *                      *




                                                  *     *    *     *      *                                        stationary source’’ paragraph (c) and the                    ENVIRONMENTAL PROTECTION
                                                  ■ 3. Section 52.986 is amended by                                definition of ‘‘significant’’ at LAC                         AGENCY
                                                  revising paragraph (c) to read as follows:                       33:III.509(B), are disapproved as
                                                                                                                   inconsistent with federal law for the                        40 CFR Part 52
                                                  § 52.986       Significant deterioration of air                  regulation and permitting of GHGs.                           [EPA–R09–OAR–2016–0164; FRL–9949–07–
                                                  quality.                                                         [FR Doc. 2016–16791 Filed 7–15–16; 8:45 am]                  Region 9]
                                                  *     *     *    *      *                                        BILLING CODE 6560–50–P
                                                    (c) The revisions to the Louisiana SIP                                                                                      Determination of Attainment of the 1-
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  adopted on April 20, 2011, and                                                                                                Hour Ozone National Ambient Air
                                                  submitted on December 21, 2011,                                                                                               Quality Standard in the San Joaquin
                                                  establishing PSD permitting                                                                                                   Valley Nonattainment Area in
                                                  requirements for sources that are                                                                                             California
                                                  classified as major and thus required to                                                                                      AGENCY:  Environmental Protection
                                                  obtain a PSD permit based solely on                                                                                           Agency (EPA).
                                                  their potential GHG emissions (‘‘Step 2’’
                                                                                                                                                                                ACTION: Final rule.
                                                  sources) at the definition of ‘‘major


                                             VerDate Sep<11>2014     16:07 Jul 15, 2016       Jkt 238001    PO 00000       Frm 00042   Fmt 4700       Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1



Document Created: 2016-07-16 02:28:29
Document Modified: 2016-07-16 02:28:29
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 August 17, 2016.
ContactMs. Adina Wiley, [email protected], (214) 665-2115.
FR Citation81 FR 46606 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR