81_FR_51491 81 FR 51341 - Approval and Promulgation of Implementation Plans; Louisiana; Revisions to the New Source Review State Implementation Plan; Air Permit Procedure Revisions

81 FR 51341 - Approval and Promulgation of Implementation Plans; Louisiana; Revisions to the New Source Review State Implementation Plan; Air Permit Procedure Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51341-51343
FR Document2016-18397

The Environmental Protection Agency (EPA) is approving portions of revisions to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality. These revisions to the Louisiana SIP provide updates to the minor NSR and nonattainment new source review (NNSR) permit programs in Louisiana contained within the Chapter 5 Permit Procedures and Chapter 6 Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking rules.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51341-51343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18397]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0821; FRL-9950-18-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Revisions to the New Source Review State Implementation Plan; Air 
Permit Procedure Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of revisions to the Louisiana New Source Review (NSR) State 
Implementation Plan (SIP) submitted by the Louisiana Department of 
Environmental Quality. These revisions to the Louisiana SIP provide 
updates to the minor NSR and nonattainment new source review (NNSR) 
permit programs in Louisiana contained within the Chapter 5 Permit 
Procedures and Chapter 6 Regulations on Control of Emissions through 
the Use of Emission Reduction Credits (ERC) Banking rules.

DATES: This final rule is effective on September 6, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2014-0821. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

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

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

I. Background

    The background for this action is discussed in detail in our April 
20, 2016, proposal (81 FR 23232). In that document, we proposed to 
approve portions of ten SIP submittals for the State of Louisiana. 
These amendments enhance the SIP by (1) defining insignificant 
activities that will not require permitting; (2) correcting 
contradictory language in the insignificant activities list; (3) 
providing edits to the Permit Procedure Rule as requested by the EPA; 
(4) including procedures for incorporating test results; (5) unifying 
and streamlining name and ownership changes for all media; and (6) 
revising references to various LDEQ divisions. This action is being 
taken under section 110 of the Act. We did not receive any comments 
regarding our proposal although the LDEQ did send a letter to the EPA 
on July 14, 2016, to update information on sections 525, 527, and 529.

II. Final Action

    We are approving the revisions to the Louisiana SIP as proposed in 
our April 20, 2016, proposal (81 FR 23232), with the exception of 
sections 525, 527, and 529, as discussed below. This includes SIP 
submittals from the State of Louisiana submitted on November 15, 1993, 
November 10, 1994, July 25, 1997, June 22, 1998, June 27, 2003, May 5, 
2006, November 9, 2007, August 14, 2009, August 29, 2013, and November 
3, 2014. These revisions provide clarity to the rules, correct 
contradictory language, update permit application and fee requirements, 
revise the rules to conform to the latest Louisiana laws, and add to 
the ``Insignificant Activities List''. We approve the revisions to the 
SIP that meet CAA requirements. Specifically, we are approving 
revisions to the Louisiana SIP pertaining to the following sections:
     LAC 33:III.501 as submitted on November 15, 1993, November 
10, 1994, June 22, 1998, June 27, 2003, May 5, 2006, November 9, 2007, 
August 14, 2009; and November 3, 2014;
     LAC 33:III.502 as submitted on November 15, 1993, and 
November 3, 2014;
     LAC 33:III.503 as submitted on November 15, 1993, and 
November 3, 2014;
     LAC 33:III.504 as submitted on November 3, 2014;
     LAC 33:III.511 as submitted on November 15, 1993;
     LAC 33:III.513 as submitted on November 15, 1993, and 
November 9, 2007;
     LAC 33:III.515 as submitted on November 15, 1993;
     LAC 33:III.517 as submitted on November 15, 1993, November 
10, 1994, July 25, 1997, June 22, 1998, and May 5, 2006;
     LAC 33:III.519 as submitted on November 15, 1993;
     LAC 33:III.521 as submitted on November 10, 1994, and May 
5, 2006;
     LAC 33:III.523 as submitted on November 15, 1993, August 
29, 2013, and November 3, 2014;
     LAC 33:III.601 as submitted on November 3, 2014;
     LAC 33:III.603 as submitted on November 3, 2014;
     LAC 33:III.605 as submitted on November 3, 2014;
     LAC 33:III.607 as submitted on November 3, 2014;
     LAC 33:III.615 as submitted on November 3, 2014; and
     LAC 33:III.619 as submitted on November 3, 2014.
    The EPA is not taking final action as proposed on the Louisiana SIP 
at this time pertaining to the following sections based on LDEQ's 
letter of July 14, 2016, which withdrew portions of sections 525, 527, 
and 529 because they apply exclusively to part 70 sources. The letter 
specifically identified citations that are already approved into 
Louisiana's Operating Permits program. EPA will take action on the 
portion of the citations in these sections that have not been withdrawn 
in a future action:

[[Page 51342]]

     LAC 33:III.525 as submitted on November 15, 1993;
     LAC 33:III.527 as submitted on November 15, 1993, and 
November 10, 1994; and
     LAC 33:III.529 as submitted on November 15, 1993.
    This action is being taken under section 110 of the Act.

III. Incorporation by Reference

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

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 3, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purpose of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 26, 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 Sections 501, 503, 504, 601, 603, 605, 607, 615, and 619 and adding 
entries in numerical order for Sections 502, 511, 513, 515, 517, 519, 
521, and 523 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 501......................  Scope and                 5/20/2011  8/4/2016 [Insert     The SIP does not
                                    Applicability.                       Federal Register     include LAC
                                                                         citation].           33:III.501.B.1.d.
                                                                                              and LAC
                                                                                              33:III.501.B.2.d.i
                                                                                              .(a).

[[Page 51343]]

 
Section 502......................  Definitions........       5/20/2011  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 503......................  Minor Source Permit       4/20/2011  8/4/2016 [Insert
                                    Requirements.                        Federal Register
                                                                         citation].
Section 504......................  Nonattainment New        11/20/2012  8/4/2016 [Insert     The SIP does not
                                    Source Review                        Federal Register     include LAC
                                    (NNSR) Procedures.                   citation].           33:III.504.M.
 
                                                  * * * * * * *
Section 511......................  Emission Reductions      11/20/1993  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 513......................  General Permits,         10/20/2006  8/4/2016 [Insert     The SIP does not
                                    Temporary Sources,                   Federal Register     include LAC
                                    and Relocation of                    citation].           33:III.513.A.1.
                                    Portable
                                    Facilities.
Section 515......................  Oil and Gas Wells        11/20/1993  8/4/2016 [Insert
                                    and Pipelines                        Federal Register
                                    Permitting                           citation].
                                    Provisions.
Section 517......................  Permit Applications      12/20/1997  8/4/2016 [Insert
                                    and Submittal of                     Federal Register
                                    Information.                         citation].
Section 519......................  Permit Issuance          11/20/1993  8/4/2016 [Insert     The SIP does not
                                    Procedures for New                   Federal Register     include LAC
                                    Facilities,                          citation].           33:III.519.C.
                                    Initial Permits,
                                    Renewals and
                                    Significant
                                    Modifications.
Section 521......................  Administrative            5/20/2005  8/4/2016 [Insert
                                    Amendments.                          Federal Register
                                                                         citation].
Section 523......................  Procedures for            4/20/2011  8/4/2016 [Insert
                                    Incorporating Test                   Federal Register
                                    Results.                             citation].
----------------------------------------------------------------------------------------------------------------
                    Chapter 6--Regulations on Control of Emissions Reduction Credits Banking
----------------------------------------------------------------------------------------------------------------
Section 601......................  Purpose............      11/20/2012  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 603......................  Applicability......      11/20/2012  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 605......................  Definitions........      11/20/2012  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 607......................  Determination of         11/20/2012  8/4/2016 [Insert
                                    Creditable                           Federal Register
                                    Emission                             citation].
                                    Reductions.
 
                                                  * * * * * * *
Section 615......................  Schedule for             11/20/2012  8/4/2016 [Insert
                                    Submitting                           Federal Register
                                    Applications.                        citation].
 
                                                  * * * * * * *
Section 619......................  Emission Reduction       11/20/2012  8/4/2016 [Insert
                                    Credit Bank.                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-18397 Filed 8-3-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations                                        51341

                                           Lancaster, PA, Lancaster, ILS OR LOC RWY                Procedures and Chapter 6 Regulations                  June 22, 1998, June 27, 2003, May 5,
                                             8, Amdt 2B                                            on Control of Emissions through the Use               2006, November 9, 2007, August 14,
                                           Lancaster, PA, Lancaster, RNAV (GPS) RWY                of Emission Reduction Credits (ERC)                   2009, August 29, 2013, and November 3,
                                             31, Amdt 1B                                                                                                 2014. These revisions provide clarity to
                                                                                                   Banking rules.
                                           Lancaster, PA, Lancaster, VOR RWY 8, Amdt
                                             21B                                                   DATES: This final rule is effective on                the rules, correct contradictory
                                           Lancaster, PA, Lancaster, VOR RWY 31,                   September 6, 2016.                                    language, update permit application and
                                             Amdt 16B                                              ADDRESSES: The EPA has established a                  fee requirements, revise the rules to
                                           Lancaster, PA, Lancaster, VOR/DME RWY 8,                docket for this action under Docket ID                conform to the latest Louisiana laws,
                                             Amdt 6B                                               No. EPA–R06–OAR–2014–0821. All                        and add to the ‘‘Insignificant Activities
                                           Lancaster, PA, Lancaster, VOR/DME RWY 31,                                                                     List’’. We approve the revisions to the
                                             Amdt 4C
                                                                                                   documents in the docket are listed on
                                                                                                   the http://www.regulations.gov Web                    SIP that meet CAA requirements.
                                           Pittsburgh, PA, Allegheny County, Takeoff                                                                     Specifically, we are approving revisions
                                             Minimums and Obstacle DP, Amdt 8A                     site. Although listed in the index, some
                                                                                                   information is not publicly available,                to the Louisiana SIP pertaining to the
                                           Pittsburgh, PA, Pittsburgh Intl, Takeoff
                                             Minimums and Obstacle DP, Amdt 5                      e.g., Confidential Business Information               following sections:
                                           Ponce, RQ, Mercedita, Takeoff Minimums                                                                           • LAC 33:III.501 as submitted on
                                                                                                   or other information whose disclosure is
                                             and Obstacle DP, Amdt 5                                                                                     November 15, 1993, November 10, 1994,
                                                                                                   restricted by statute. Certain other
                                           Columbia/Mount, TN, Maury County, VOR/                                                                        June 22, 1998, June 27, 2003, May 5,
                                                                                                   material, such as copyrighted material,
                                             DME–A, Amdt 4, CANCELED                                                                                     2006, November 9, 2007, August 14,
                                                                                                   is not placed on the Internet and will be
                                           Somerville, TN, Fayette County, NDB RWY                                                                       2009; and November 3, 2014;
                                             19, Amdt 1C, CANCELED                                 publicly available only in hard copy                     • LAC 33:III.502 as submitted on
                                           Corpus Christi, TX, Corpus Christi Intl,                form. Publicly available docket                       November 15, 1993, and November 3,
                                             RNAV (GPS) RWY 18, Amdt 2                             materials are available either                        2014;
                                           Killeen, TX, Skylark Field, ILS OR LOC RWY              electronically through http://                           • LAC 33:III.503 as submitted on
                                             1, Amdt 3, CANCELED                                   www.regulations.gov or in hard copy at                November 15, 1993, and November 3,
                                           Killeen, TX, Skylark Field, LOC RWY 1, Orig             the EPA Region 6, 1445 Ross Avenue,
                                           Killeen, TX, Skylark Field, RNAV (GPS)                                                                        2014;
                                             RWY 1, Amdt 1
                                                                                                   Suite 700, Dallas, Texas 75202–2733.                     • LAC 33:III.504 as submitted on
                                           Laredo, TX, Laredo Intl, NDB RWY 17L,                   FOR FURTHER INFORMATION CONTACT:                      November 3, 2014;
                                             Amdt 3A, CANCELED                                     Stephanie Kordzi, 214–665–7520,                          • LAC 33:III.511 as submitted on
                                           Laredo, TX, Laredo Intl, VOR OR TACAN                   Kordzi.stephanie@epa.gov.                             November 15, 1993;
                                             RWY 32, Amdt 11                                       SUPPLEMENTARY INFORMATION:                               • LAC 33:III.513 as submitted on
                                           Farmville, VA, Farmville Rgnl, Takeoff                  Throughout this document wherever                     November 15, 1993, and November 9,
                                             Minimums and Obstacle DP, Amdt 1A                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           2007;
                                           Morgantown, WV, Morgantown Muni-Walter
                                                                                                   the EPA.                                                 • LAC 33:III.515 as submitted on
                                             L Bill Hart Fld, VOR–A, Amdt 13,                                                                            November 15, 1993;
                                             CANCELED                                              I. Background                                            • LAC 33:III.517 as submitted on
                                           Rawlins, WY, Rawlins Muni/Harvey Field,                                                                       November 15, 1993, November 10, 1994,
                                             Takeoff Minimums and Obstacle DP, Amdt                   The background for this action is
                                                                                                   discussed in detail in our April 20,                  July 25, 1997, June 22, 1998, and May
                                             5
                                                                                                   2016, proposal (81 FR 23232). In that                 5, 2006;
                                           [FR Doc. 2016–18438 Filed 8–3–16; 8:45 am]
                                                                                                   document, we proposed to approve                         • LAC 33:III.519 as submitted on
                                           BILLING CODE 4910–13–P
                                                                                                   portions of ten SIP submittals for the                November 15, 1993;
                                                                                                                                                            • LAC 33:III.521 as submitted on
                                                                                                   State of Louisiana. These amendments
                                                                                                                                                         November 10, 1994, and May 5, 2006;
                                                                                                   enhance the SIP by (1) defining                          • LAC 33:III.523 as submitted on
                                           ENVIRONMENTAL PROTECTION                                insignificant activities that will not
                                           AGENCY                                                                                                        November 15, 1993, August 29, 2013,
                                                                                                   require permitting; (2) correcting                    and November 3, 2014;
                                           40 CFR Part 52                                          contradictory language in the                            • LAC 33:III.601 as submitted on
                                                                                                   insignificant activities list; (3) providing          November 3, 2014;
                                           [EPA–R06–OAR–2014–0821; FRL–9950–18–                    edits to the Permit Procedure Rule as                    • LAC 33:III.603 as submitted on
                                           Region 6]                                               requested by the EPA; (4) including                   November 3, 2014;
                                           Approval and Promulgation of
                                                                                                   procedures for incorporating test results;               • LAC 33:III.605 as submitted on
                                                                                                   (5) unifying and streamlining name and                November 3, 2014;
                                           Implementation Plans; Louisiana;                        ownership changes for all media; and                     • LAC 33:III.607 as submitted on
                                           Revisions to the New Source Review                      (6) revising references to various LDEQ               November 3, 2014;
                                           State Implementation Plan; Air Permit                   divisions. This action is being taken                    • LAC 33:III.615 as submitted on
                                           Procedure Revisions                                     under section 110 of the Act. We did not              November 3, 2014; and
                                           AGENCY:  Environmental Protection                       receive any comments regarding our                       • LAC 33:III.619 as submitted on
                                           Agency (EPA).                                           proposal although the LDEQ did send a                 November 3, 2014.
                                           ACTION: Final rule.                                     letter to the EPA on July 14, 2016, to                   The EPA is not taking final action as
                                                                                                   update information on sections 525,                   proposed on the Louisiana SIP at this
                                           SUMMARY:   The Environmental Protection                 527, and 529.                                         time pertaining to the following sections
                                           Agency (EPA) is approving portions of                                                                         based on LDEQ’s letter of July 14, 2016,
                                           revisions to the Louisiana New Source                   II. Final Action                                      which withdrew portions of sections
                                           Review (NSR) State Implementation                          We are approving the revisions to the              525, 527, and 529 because they apply
                                           Plan (SIP) submitted by the Louisiana                   Louisiana SIP as proposed in our April                exclusively to part 70 sources. The letter
ehiers on DSK5VPTVN1PROD with RULES




                                           Department of Environmental Quality.                    20, 2016, proposal (81 FR 23232), with                specifically identified citations that are
                                           These revisions to the Louisiana SIP                    the exception of sections 525, 527, and               already approved into Louisiana’s
                                           provide updates to the minor NSR and                    529, as discussed below. This includes                Operating Permits program. EPA will
                                           nonattainment new source review                         SIP submittals from the State of                      take action on the portion of the
                                           (NNSR) permit programs in Louisiana                     Louisiana submitted on November 15,                   citations in these sections that have not
                                           contained within the Chapter 5 Permit                   1993, November 10, 1994, July 25, 1997,               been withdrawn in a future action:


                                      VerDate Sep<11>2014   13:37 Aug 03, 2016   Jkt 238001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\04AUR1.SGM   04AUR1


                                           51342               Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations

                                             • LAC 33:III.525 as submitted on                            • Does not contain any unfunded                    is published in the Federal Register.
                                           November 15, 1993;                                         mandate or significantly or uniquely                  This action is not a ‘‘major rule’’ as
                                             • LAC 33:III.527 as submitted on                         affect small governments, as described                defined by 5 U.S.C. 804(2).
                                           November 15, 1993, and November 10,                        in the Unfunded Mandates Reform Act                      Under section 307(b)(1) of the Clean
                                           1994; and                                                  of 1995 (Pub. L. 104–4);                              Air Act, petitions for judicial review of
                                             • LAC 33:III.529 as submitted on                            • Does not have Federalism                         this action must be filed in the United
                                           November 15, 1993.                                         implications as specified in Executive                States Court of Appeals for the
                                             This action is being taken under                         Order 13132 (64 FR 43255, August 10,                  appropriate circuit by October 3, 2016.
                                           section 110 of the Act.                                    1999);                                                Filing a petition for reconsideration by
                                                                                                         • Is not an economically significant               the Administrator of this final rule does
                                           III. Incorporation by Reference                            regulatory action based on health or                  not affect the finality of this action for
                                             In this rule, we are finalizing                          safety risks subject to Executive Order               the purpose of judicial review nor does
                                           regulatory text that includes                              13045 (62 FR 19885, April 23, 1997);                  it extend the time within which a
                                                                                                         • Is not a significant regulatory action           petition for judicial review may be filed,
                                           incorporation by reference. In
                                                                                                      subject to Executive Order 13211 (66 FR               and shall not postpone the effectiveness
                                           accordance with the requirements of 1
                                                                                                      28355, May 22, 2001);                                 of such rule or action. This action may
                                           CFR 51.5, we are finalizing the                               • Is not subject to requirements of
                                           incorporation by reference of the                                                                                not be challenged later in proceedings to
                                                                                                      section 12(d) of the National
                                           revisions to the Louisiana regulations as                                                                        enforce its requirements. (See section
                                                                                                      Technology Transfer and Advancement
                                           described in the Final Action section                                                                            307(b)(2).)
                                                                                                      Act of 1995 (15 U.S.C. 272 note) because
                                           above. We have made, and will continue                     application of those requirements would               List of Subjects in 40 CFR Part 52
                                           to make, these documents generally                         be inconsistent with the Clean Air Act;
                                           available electronically through                                                                                   Environmental protection, Air
                                                                                                      and                                                   pollution control, Carbon monoxide,
                                           www.regulations.gov and/or in hard                            • Does not provide EPA with the
                                           copy at the EPA Region 6 office.                                                                                 Incorporation by reference,
                                                                                                      discretionary authority to address, as
                                                                                                                                                            Intergovernmental relations, Lead,
                                           IV. Statutory and Executive Order                          appropriate, disproportionate human
                                                                                                                                                            Nitrogen dioxide, Ozone, Particulate
                                           Reviews                                                    health or environmental effects, using
                                                                                                                                                            matter, Reporting and recordkeeping
                                                                                                      practicable and legally permissible
                                             Under the Clean Air Act, the                                                                                   requirements, Sulfur oxides, Volatile
                                                                                                      methods, under Executive Order 12898
                                           Administrator is required to approve a                     (59 FR 7629, February 16, 1994).                      organic compounds.
                                           SIP submission that complies with the                      In addition, the SIP is not approved to                   Authority: 42 U.S.C. 7401 et seq.
                                           provisions of the Act and applicable                       apply on any Indian reservation land or                 Dated: July 26, 2016.
                                           Federal regulations. 42 U.S.C. 7410(k);                    in any other area where EPA or an                     Ron Curry,
                                           40 CFR 52.02(a). Thus, in reviewing SIP                    Indian tribe has demonstrated that a                  Regional Administrator, Region 6.
                                           submissions, the EPA’s role is to                          tribe has jurisdiction. In those areas of
                                           approve state choices, provided that                       Indian country, the rule does not have                    40 CFR part 52 is amended as follows:
                                           they meet the criteria of the Clean Air                    tribal implications and will not impose
                                           Act. Accordingly, this action merely                                                                             PART 52—APPROVAL AND
                                                                                                      substantial direct costs on tribal                    PROMULGATION OF
                                           approves state law as meeting Federal                      governments or preempt tribal law as
                                           requirements and does not impose                                                                                 IMPLEMENTATION PLANS
                                                                                                      specified by Executive Order 13175 (65
                                           additional requirements beyond those                       FR 67249, November 9, 2000).                          ■ 1. The authority citation for part 52
                                           imposed by state law. For that reason,                        The Congressional Review Act, 5                    continues to read as follows:
                                           this action:                                               U.S.C. 801 et seq., as added by the Small
                                             • Is not a ‘‘significant regulatory                      Business Regulatory Enforcement                           Authority: 42 U.S.C. 7401 et seq.
                                           action’’ subject to review by the Office                   Fairness Act of 1996, generally provides              Subpart T—Louisiana
                                           of Management and Budget under                             that before a rule may take effect, the
                                           Executive Orders 12866 (58 FR 51735,                       agency promulgating the rule must                     ■ 2. In § 52.970(c), the table titled ‘‘EPA
                                           October 4, 1993) and 13563 (76 FR 3821,                    submit a rule report, which includes a                Approved Louisiana Regulations in the
                                           January 21, 2011);                                         copy of the rule, to each House of the                Louisiana SIP’’ is amended by revising
                                             • Does not impose an information                         Congress and to the Comptroller General               the entries for Sections 501, 503, 504,
                                           collection burden under the provisions                     of the United States. EPA will submit a               601, 603, 605, 607, 615, and 619 and
                                           of the Paperwork Reduction Act (44                         report containing this action and other               adding entries in numerical order for
                                           U.S.C. 3501 et seq.);                                      required information to the U.S. Senate,              Sections 502, 511, 513, 515, 517, 519,
                                             • Is certified as not having a                           the U.S. House of Representatives, and                521, and 523 to read as follows:
                                           significant economic impact on a                           the Comptroller General of the United
                                           substantial number of small entities                       States prior to publication of the rule in            § 52.970    Identification of plan.
                                           under the Regulatory Flexibility Act (5                    the Federal Register. A major rule                    *       *    *       *     *
                                           U.S.C. 601 et seq.);                                       cannot take effect until 60 days after it                 (c) * * *

                                                                                      EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
                                                                                                                      State approval
                                                   State citation                         Title/subject                                         EPA approval date                      Comments
                                                                                                                           date
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                                                    *                            *                    *                        *                       *                      *                       *
                                           Section 501 .....................   Scope and Applicability ............       5/20/2011     8/4/2016 [Insert Federal Reg-         The SIP does not include LAC
                                                                                                                                          ister citation].                      33:III.501.B.1.d. and LAC
                                                                                                                                                                                33:III.501.B.2.d.i.(a).



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                                                                Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations                                                            51343

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

                                           Section 502 .....................    Definitions .................................       5/20/2011     8/4/2016 [Insert Federal Reg-
                                                                                                                                                    ister citation].
                                           Section 503 .....................    Minor Source Permit Require-                        4/20/2011     8/4/2016 [Insert Federal Reg-
                                                                                  ments.                                                            ister citation].
                                           Section 504 .....................    Nonattainment New Source                           11/20/2012     8/4/2016 [Insert Federal Reg-           The SIP does not include LAC
                                                                                  Review (NNSR) Procedures.                                         ister citation].                        33:III.504.M.

                                                    *                            *                    *                                  *                       *                        *                   *
                                           Section 511 .....................    Emission Reductions ................               11/20/1993     8/4/2016 [Insert Federal Reg-
                                                                                                                                                    ister citation].
                                           Section 513 .....................    General Permits, Temporary                         10/20/2006     8/4/2016 [Insert Federal Reg-           The SIP does not include LAC
                                                                                  Sources, and Relocation of                                        ister citation].                        33:III.513.A.1.
                                                                                  Portable Facilities.
                                           Section 515 .....................    Oil and Gas Wells and Pipe-                        11/20/1993     8/4/2016 [Insert Federal Reg-
                                                                                  lines Permitting Provisions.                                      ister citation].
                                           Section 517 .....................    Permit Applications and Sub-                       12/20/1997     8/4/2016 [Insert Federal Reg-
                                                                                  mittal of Information.                                            ister citation].
                                           Section 519 .....................    Permit Issuance Procedures for                     11/20/1993     8/4/2016 [Insert Federal Reg-           The SIP does not include LAC
                                                                                  New Facilities, Initial Permits,                                  ister citation].                        33:III.519.C.
                                                                                  Renewals and Significant
                                                                                  Modifications.
                                           Section 521 .....................    Administrative Amendments .....                     5/20/2005     8/4/2016 [Insert Federal Reg-
                                                                                                                                                    ister citation].
                                           Section 523 .....................    Procedures for            Incorporating             4/20/2011     8/4/2016 [Insert Federal Reg-
                                                                                  Test Results.                                                     ister citation].

                                                                                       Chapter 6—Regulations on Control of Emissions Reduction Credits Banking

                                           Section 601 .....................    Purpose ....................................       11/20/2012     8/4/2016 [Insert     Federal Reg-
                                                                                                                                                    ister citation].
                                           Section 603 .....................    Applicability ...............................      11/20/2012     8/4/2016 [Insert     Federal Reg-
                                                                                                                                                    ister citation].
                                           Section 605 .....................    Definitions .................................      11/20/2012     8/4/2016 [Insert     Federal Reg-
                                                                                                                                                    ister citation].
                                           Section 607 .....................    Determination of Creditable                        11/20/2012     8/4/2016 [Insert     Federal Reg-
                                                                                 Emission Reductions.                                               ister citation].

                                                    *                             *                   *                                  *                       *                        *                   *
                                           Section 615 .....................    Schedule for Submitting Appli-                     11/20/2012     8/4/2016 [Insert Federal Reg-
                                                                                  cations.                                                          ister citation].

                                                    *                            *                              *                        *                       *                        *                   *
                                           Section 619 .....................    Emission         Reduction          Credit         11/20/2012     8/4/2016 [Insert Federal Reg-
                                                                                 Bank.                                                              ister citation].

                                                       *                           *                            *                        *                       *                        *                   *



                                           *       *       *       *       *                                 formula for calculating ‘‘on-time                          DATES: This rule is effective on August
                                           [FR Doc. 2016–18397 Filed 8–3–16; 8:45 am]                        performance’’ for purposes of Section                      27, 2016.
                                           BILLING CODE 6560–50–P                                            213 of the Passenger Rail Investment                       FOR FURTHER INFORMATION CONTACT:
                                                                                                             and Improvement Act of 2008. The                           Scott M. Zimmerman at (202) 245–0386.
                                                                                                             Board will use these regulations only for                  Assistance for the hearing impaired is
                                           SURFACE TRANSPORTATION BOARD                                      the purpose of determining whether the                     available through the Federal
                                                                                                             ‘‘less than 80 percent’’ threshold that                    Information Relay Service (FIRS) at
                                           49 CFR Part 1040                                                  Congress set for bringing an on-time                       (800) 877–8339.
                                           [Docket No. EP 726]                                               performance complaint has been met. In
                                                                                                             light of comments received on the                          SUPPLEMENTARY INFORMATION:     The
                                                                                                             Board’s notice of proposed rulemaking                      National Railroad Passenger Corporation
                                           On-Time Performance Under Section
                                                                                                             issued on December 28, 2015, the                           (Amtrak) was established by Congress in
                                           213 of the Passenger Rail Investment
                                                                                                                                                                        1970 to preserve passenger services and
                                           and Improvement Act of 2008                                       proposed rule has been modified to
                                                                                                                                                                        routes on the Nation’s railroads. See
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                                                                                                             deem a train’s arrival at, or departure
                                           AGENCY:      Surface Transportation Board.                                                                                   Lebron v. Nat’l R.R. Passenger Corp.,
                                                                                                             from, a given station ‘‘on time’’ if it                    513 U.S. 374, 383–384 (1995); Nat’l R.R.
                                           ACTION:     Final rule.                                           occurs no later than 15 minutes after its                  Passenger Corp. v. Atchison, Topeka, &
                                           SUMMARY:   The Surface Transportation                             scheduled time and to adopt an ‘‘all-                      Santa Fe R.R., 470 U.S. 451, 454 (1985);
                                           Board (STB or Board) is adopting a final                          stations’’ calculation of ‘‘on-time                        see also Rail Passenger Serv. Act of
                                           rule to define ‘‘on time’’ and specify the                        performance.’’                                             1970, Public Law 91–518, 84 Stat. 1328


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Document Created: 2016-08-04 02:53:36
Document Modified: 2016-08-04 02:53:36
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 final rule is effective on September 6, 2016.
ContactStephanie Kordzi, 214-665-7520, [email protected]
FR Citation81 FR 51341 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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