81_FR_75132 81 FR 74923 - Approval and Promulgation of Implementation Plans; Louisiana; Prevention of Significant Deterioration Significant Monitoring Concentration for Fine Particulates

81 FR 74923 - Approval and Promulgation of Implementation Plans; Louisiana; Prevention of Significant Deterioration Significant Monitoring Concentration for Fine Particulates

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 209 (October 28, 2016)

Page Range74923-74925
FR Document2016-25992

The Environmental Protection Agency (EPA) is approving two revisions to the Louisiana State Implementation Plan (SIP) that revise the Louisiana Prevention of Significant Deterioration (PSD) permitting program to establish the significant monitoring concentration (SMC) for fine particles (PM<INF>2.5</INF>) at a zero microgram per cubic meter (0 [mu]g/m\3\) threshold level consistent with federal permitting requirements. The EPA is approving this action under section 110 and part C of the Clean Air Act (CAA or Act).

Federal Register, Volume 81 Issue 209 (Friday, October 28, 2016)
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Rules and Regulations]
[Pages 74923-74925]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25992]



[[Page 74923]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0450; FRL-9953-94-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Prevention of Significant Deterioration Significant Monitoring 
Concentration for Fine Particulates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving two 
revisions to the Louisiana State Implementation Plan (SIP) that revise 
the Louisiana Prevention of Significant Deterioration (PSD) permitting 
program to establish the significant monitoring concentration (SMC) for 
fine particles (PM2.5) at a zero microgram per cubic meter 
(0 [mu]g/m\3\) threshold level consistent with federal permitting 
requirements. The EPA is approving this action under section 110 and 
part C of the Clean Air Act (CAA or Act).

DATES: This rule is effective on December 27, 2016 without further 
notice, unless the EPA receives relevant adverse comment by November 
28, 2016. If the EPA receives such comment, the EPA will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0450, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Adina Wiley, (214) 665-
2115, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214-
665-7253.

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

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards. These ambient standards currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. The 
EPA approved SIP regulations and control strategies are federally 
enforceable.

B. Prior Federal Action

    Under Section 165(a) of the CAA, a major source may not commence 
construction unless the source has been issued a permit and has 
satisfied certain requirements. Among those requirements, the permit 
applicant must demonstrate that emissions from construction or 
operation of the facility will not cause, or contribute to, air 
pollution in excess of any increment, NAAQS, or any other applicable 
emission standard of standard of performance. This statutory 
requirement has been incorporated into federal regulations at 40 CFR 
51.166(k)(1). Moreover, to support this analysis, PSD permit 
applications must be supported by air quality monitoring data 
representing air quality in the area affected by the proposed source 
for the 1-year period preceding receipt of the application. This 
statutory requirement has been incorporated into federal regulations at 
40 CFR 51.166(m)(ii)-(iv).
    In 2010, the EPA promulgated regulations for SIPs concerning PSD 
permitting for PM2.5 which included two voluntary screening 
tools: S ignificant impact levels (SILs) and SMC. 75 FR 64864 (October 
20, 2010). The SILs are screening tools that states and local 
permitting authorities with PSD SIPs apply in the issuance of a PSD 
permit to demonstrate that the proposed source's allowable emissions 
will not cause or contribute to a violation of the NAAQS or increment. 
The SMC is a screening technique that has been used to exempt sources 
from the requirement in the CAA to collect preconstruction monitoring 
data for up to 1 year before submitting a permit application in order 
to help determine existing ambient air quality. 78 FR 73699 (December 
9, 2013).
    Sierra Club filed a petition for review of the PSD regulations 
containing the PM2.5 SILs and SMC with the United States 
Court of Appeals for the District of Columbia Circuit (the Court). On 
January 22, 2013, the Court issued an opinion granting a request from 
the EPA to vacate and remand to the EPA portions of the October 20, 
2010, PSD regulations establishing the PM2.5 SIL and further 
vacating the portions of the PSD regulations establishing a 
PM2.5 SMC. See, Sierra Club v. EPA, 706 F.3d 428 (D.C. Cir. 
2013).
    In response to the Court's decision, the EPA amended its 
regulations to remove the affected PM2.5 SIL regulations 
from the federal regulations and to replace the existing 
PM2.5 SMC value with a ``zero'' threshold. 78 FR 73698 
(December 9, 2013). In that rulemaking, the EPA removed the regulatory 
text related to the affected PM2.5 SILs at sections 
51.166(k)(2) and 52.21(k)(2). Although the Court vacated the 
PM2.5 SMC provisions in 40 CFR 51.166(i)(5)(i)(c) and 
52.21(i)(5)(i)(c), the EPA did not remove the affected regulatory text, 
but instead revised the concentration for the PM2.5 SMC 
listed in sections 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to zero 
micrograms per cubic meter (0 [micro]g/m\3\). Because 40 CFR 
51.166(i)(5)(iii) and 40 CFR 52.21(i)(5)(iii) establish an exemption 
from air monitoring requirements for any pollutant ``not listed in 
paragraph (i)(5)(i),'' the EPA explained that it would not be 
appropriate to remove the reference to PM2.5 in paragraph 
(i)(5)(i). Were the EPA to completely remove PM2.5 from the 
list of pollutants in sections 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) 
of the PSD regulations, PM2.5 would no longer be a listed 
pollutant and the paragraph (iii)

[[Page 74924]]

provision could be interpreted as giving reviewing authorities the 
discretion to exempt permit applicants from the requirement to conduct 
monitoring for PM2.5, in contravention of the Court's 
decision and the CAA. Instead, the EPA revised the concentration listed 
in sections 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to zero micrograms 
per cubic meter (0 [micro]g/m\3\). This means that there is no air 
quality impact level below which a reviewing authority has the 
discretion to exempt a source from the PM2.5 monitoring 
requirements at 40 CFR 52.21(m).

C. Louisiana's Submittals

    On February 27, 2013, Louisiana submitted revisions to its PSD SIP 
at LAC 33:III.509 that adopted provisions substantively identical to 
the EPA PSD SIP's requirement for PM2.5 PSD SMC. 40 CFR 
51.166(i)(5)(i). The February 27, 2013, submittal included other 
revisions to the Louisiana SIP that have been separately approved by 
the EPA on November 5, 2015. See 80 FR 68451. On July 22, 2016, 
Louisiana submitted revisions to its PSD SIP at LAC 33:III.509 to 
revise the previously adopted and submitted PM2.5 SMC at LAC 
33:III.509(I)(5)(a). Louisiana has not adopted or submitted provisions 
addressing the PM2.5 SIL.

II. The EPA's Evaluation

    Our analysis, available in our Technical Support Document (TSD) in 
the rulemaking docket, finds that the State of Louisiana adopted and 
submitted on February 27, 2013, revisions to the Louisiana SIP that 
were substantively consistent with the voluntary exemptions from PSD 
monitoring at 40 CFR 51.166(i)(5)(i) promulgated on October 20, 2010. 
Subsequent to the submittal of these provisions, the Court vacated and 
remanded these provisions to the EPA. On December 9, 2013, we 
promulgated revisions to the PSD SIP rules that replaced the existing 
PM2.5 SMC value with a zero micrograms per cubic meter (0 
[micro]g/m\3\) threshold level at 40 CFR 51.166.
    To address the EPA's December 9, 2013, rulemaking, the State of 
Louisiana submitted further revisions to the Louisiana PSD program on 
July 22, 2016, setting the PM2.5 SMC to zero; effectively 
removing any exemption from pre- and post-construction monitoring under 
the Louisiana PSD SIP.
    Our evaluation of the Louisiana PSD program finds that the adoption 
and revision of the PSD PM2.5 SMC at a zero threshold value 
is consistent with federal PSD permitting provisions for PSD SMCs. We 
further find that the Louisiana PSD program does not provide an 
exemption from the PSD pre- and post-construction monitoring 
requirements for emissions of PM2.5 that are SIP-approved at 
LAC 33:III.509(M) as consistent with federal PSD permitting provisions.

III. Final Action

    We are approving revisions to the Louisiana PSD program into the 
Louisiana SIP that establish the PSD PM2.5 SMC and set the 
SMC to zero micrograms per cubic meter (0 [micro]g/m\3\) consistent 
with federal PSD permitting requirements and the CAA. Specifically, the 
EPA is approving the following revisions to the Louisiana PSD SIP:
     New provisions at LAC 33:III.509(I)(5)(a) adopted on 
December 20, 2012 and submitted on February 27, 2013, establishing the 
PM2.5 SMC;
     Revisions to LAC 33:III.509(I)(5)(a), adopted on March 20, 
2016 and submitted on July 22, 2016 setting the PM2.5 SMC to 
0 [mu]g/m\3\.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on December 27, 2016 
without further notice unless we receive relevant adverse comment by 
November 28, 2016. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

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 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 CAA; 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

[[Page 74925]]

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. The EPA will submit a report containing this rule 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 27, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: October 21, 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 entry for 
Section 509 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 509...................  Prevention of          03/20/2016  10/28/2016, [Insert     SIP does not include
                                 Significant                        Federal Register        provisions for
                                 Deterioration.                     citation].              permitting of GHGs
                                                                                            as effective on 04/
                                                                                            20/2011 at LAC
                                                                                            33:III.509(B)
                                                                                            definition of
                                                                                            ``carbon dioxide
                                                                                            equivalent
                                                                                            emissions'',
                                                                                            ``greenhouse
                                                                                            gases'', ``major
                                                                                            stationary source'',
                                                                                            and ``significant''.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-25992 Filed 10-27-16; 8:45 am]
BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations                                          74923

                                           ENVIRONMENTAL PROTECTION                                about CBI or multimedia submissions,                  has been incorporated into federal
                                           AGENCY                                                  and general guidance on making                        regulations at 40 CFR 51.166(m)(ii)–(iv).
                                                                                                   effective comments, please visit http://                 In 2010, the EPA promulgated
                                           40 CFR Part 52                                          www2.epa.gov/dockets/commenting-                      regulations for SIPs concerning PSD
                                           [EPA–R06–OAR–2016–0450; FRL–9953–94-                    epa-dockets.                                          permitting for PM2.5 which included
                                           Region 6]                                                  Docket: The index to the docket for                two voluntary screening tools: S
                                                                                                   this action is available electronically at            ignificant impact levels (SILs) and SMC.
                                           Approval and Promulgation of                            www.regulations.gov and in hard copy                  75 FR 64864 (October 20, 2010). The
                                           Implementation Plans; Louisiana;                        at EPA Region 6, 1445 Ross Avenue,                    SILs are screening tools that states and
                                           Prevention of Significant Deterioration                 Suite 700, Dallas, Texas. While all                   local permitting authorities with PSD
                                           Significant Monitoring Concentration                    documents in the docket are listed in                 SIPs apply in the issuance of a PSD
                                           for Fine Particulates                                   the index, some information may be                    permit to demonstrate that the proposed
                                                                                                   publicly available only at the hard copy              source’s allowable emissions will not
                                           AGENCY: Environmental Protection                                                                              cause or contribute to a violation of the
                                           Agency (EPA).                                           location (e.g., copyrighted material), and
                                                                                                   some may not be publicly available at                 NAAQS or increment. The SMC is a
                                           ACTION: Direct final rule.                                                                                    screening technique that has been used
                                                                                                   either location (e.g., CBI).
                                           SUMMARY:    The Environmental Protection                                                                      to exempt sources from the requirement
                                                                                                   FOR FURTHER INFORMATION CONTACT:                      in the CAA to collect preconstruction
                                           Agency (EPA) is approving two                           Adina Wiley, 214–665–2115,
                                           revisions to the Louisiana State                                                                              monitoring data for up to 1 year before
                                                                                                   wiley.adina@epa.gov. To inspect the                   submitting a permit application in order
                                           Implementation Plan (SIP) that revise                   hard copy materials, please schedule an
                                           the Louisiana Prevention of Significant                                                                       to help determine existing ambient air
                                                                                                   appointment with Ms. Adina Wiley or                   quality. 78 FR 73699 (December 9,
                                           Deterioration (PSD) permitting program                  Mr. Bill Deese at 214–665–7253.
                                           to establish the significant monitoring                                                                       2013).
                                                                                                   SUPPLEMENTARY INFORMATION:                               Sierra Club filed a petition for review
                                           concentration (SMC) for fine particles
                                                                                                   Throughout this document ‘‘we,’’ ‘‘us,’’              of the PSD regulations containing the
                                           (PM2.5) at a zero microgram per cubic
                                                                                                   and ‘‘our’’ means the EPA.                            PM2.5 SILs and SMC with the United
                                           meter (0 mg/m3) threshold level
                                                                                                                                                         States Court of Appeals for the District
                                           consistent with federal permitting                      I. Background                                         of Columbia Circuit (the Court). On
                                           requirements. The EPA is approving this
                                                                                                   A. CAA and SIPs                                       January 22, 2013, the Court issued an
                                           action under section 110 and part C of
                                                                                                                                                         opinion granting a request from the EPA
                                           the Clean Air Act (CAA or Act).                            Section 110 of the CAA requires states             to vacate and remand to the EPA
                                           DATES: This rule is effective on                        to develop and submit to the EPA a SIP                portions of the October 20, 2010, PSD
                                           December 27, 2016 without further                       to ensure that state air quality meets                regulations establishing the PM2.5 SIL
                                           notice, unless the EPA receives relevant                National Ambient Air Quality                          and further vacating the portions of the
                                           adverse comment by November 28,                         Standards. These ambient standards                    PSD regulations establishing a PM2.5
                                           2016. If the EPA receives such                          currently address six criteria pollutants:            SMC. See, Sierra Club v. EPA, 706 F.3d
                                           comment, the EPA will publish a timely                  Carbon monoxide, nitrogen dioxide,                    428 (D.C. Cir. 2013).
                                           withdrawal in the Federal Register                      ozone, lead, particulate matter, and                     In response to the Court’s decision,
                                           informing the public that this rule will                sulfur dioxide. Each federally-approved               the EPA amended its regulations to
                                           not take effect.                                        SIP protects air quality primarily by                 remove the affected PM2.5 SIL
                                           ADDRESSES: Submit your comments,                        addressing air pollution at its point of              regulations from the federal regulations
                                           identified by Docket No. EPA–R06–                       origin through air pollution regulations              and to replace the existing PM2.5 SMC
                                           OAR–2016–0450, at http://                               and control strategies. The EPA                       value with a ‘‘zero’’ threshold. 78 FR
                                           www.regulations.gov or via email to                     approved SIP regulations and control                  73698 (December 9, 2013). In that
                                           wiley.adina@epa.gov. Follow the online                  strategies are federally enforceable.                 rulemaking, the EPA removed the
                                           instructions for submitting comments.                                                                         regulatory text related to the affected
                                                                                                   B. Prior Federal Action
                                           Once submitted, comments cannot be                                                                            PM2.5 SILs at sections 51.166(k)(2) and
                                           edited or removed from Regulations.gov.                    Under Section 165(a) of the CAA, a                 52.21(k)(2). Although the Court vacated
                                           The EPA may publish any comment                         major source may not commence                         the PM2.5 SMC provisions in 40 CFR
                                           received to its public docket. Do not                   construction unless the source has been               51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), the
                                           submit electronically any information                   issued a permit and has satisfied certain             EPA did not remove the affected
                                           you consider to be Confidential                         requirements. Among those                             regulatory text, but instead revised the
                                           Business Information (CBI) or other                     requirements, the permit applicant must               concentration for the PM2.5 SMC listed
                                           information whose disclosure is                         demonstrate that emissions from                       in sections 51.166(i)(5)(i)(c) and
                                           restricted by statute. Multimedia                       construction or operation of the facility             52.21(i)(5)(i)(c) to zero micrograms per
                                           submissions (audio, video, etc.) must be                will not cause, or contribute to, air                 cubic meter (0 mg/m3). Because 40 CFR
                                           accompanied by a written comment.                       pollution in excess of any increment,                 51.166(i)(5)(iii) and 40 CFR
                                           The written comment is considered the                   NAAQS, or any other applicable                        52.21(i)(5)(iii) establish an exemption
                                           official comment and should include                     emission standard of standard of                      from air monitoring requirements for
                                           discussion of all points you wish to                    performance. This statutory requirement               any pollutant ‘‘not listed in paragraph
                                           make. The EPA will generally not                        has been incorporated into federal                    (i)(5)(i),’’ the EPA explained that it
                                           consider comments or comment                            regulations at 40 CFR 51.166(k)(1).                   would not be appropriate to remove the
                                           contents located outside of the primary                 Moreover, to support this analysis, PSD               reference to PM2.5 in paragraph (i)(5)(i).
ehiers on DSK5VPTVN1PROD with RULES




                                           submission (i.e. on the web, cloud, or                  permit applications must be supported                 Were the EPA to completely remove
                                           other file sharing system). For                         by air quality monitoring data                        PM2.5 from the list of pollutants in
                                           additional submission methods, please                   representing air quality in the area                  sections 51.166(i)(5)(i)(c) and
                                           contact Adina Wiley, (214) 665–2115,                    affected by the proposed source for the               52.21(i)(5)(i)(c) of the PSD regulations,
                                           wiley.adina@epa.gov. For the full EPA                   1-year period preceding receipt of the                PM2.5 would no longer be a listed
                                           public comment policy, information                      application. This statutory requirement               pollutant and the paragraph (iii)


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                                           74924             Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations

                                           provision could be interpreted as giving                PSD SMCs. We further find that the                    to make, these documents generally
                                           reviewing authorities the discretion to                 Louisiana PSD program does not                        available electronically through
                                           exempt permit applicants from the                       provide an exemption from the PSD pre-                www.regulations.gov and/or in hard
                                           requirement to conduct monitoring for                   and post-construction monitoring                      copy at the EPA Region 6 office.
                                           PM2.5, in contravention of the Court’s                  requirements for emissions of PM2.5 that
                                                                                                                                                         V. Statutory and Executive Order
                                           decision and the CAA. Instead, the EPA                  are SIP-approved at LAC 33:III.509(M)
                                           revised the concentration listed in                     as consistent with federal PSD                        Reviews
                                           sections 51.166(i)(5)(i)(c) and                         permitting provisions.                                   Under the CAA, the Administrator is
                                           52.21(i)(5)(i)(c) to zero micrograms per                                                                      required to approve a SIP submission
                                                                                                   III. Final Action                                     that complies with the provisions of the
                                           cubic meter (0 mg/m3). This means that
                                           there is no air quality impact level                       We are approving revisions to the                  Act and applicable Federal regulations.
                                           below which a reviewing authority has                   Louisiana PSD program into the                        42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                           the discretion to exempt a source from                  Louisiana SIP that establish the PSD                  Thus, in reviewing SIP submissions, the
                                           the PM2.5 monitoring requirements at 40                 PM2.5 SMC and set the SMC to zero                     EPA’s role is to approve state choices,
                                           CFR 52.21(m).                                           micrograms per cubic meter (0 mg/m3)                  provided that they meet the criteria of
                                                                                                   consistent with federal PSD permitting                the CAA. Accordingly, this action
                                           C. Louisiana’s Submittals                               requirements and the CAA. Specifically,               merely approves state law as meeting
                                             On February 27, 2013, Louisiana                       the EPA is approving the following                    Federal requirements and does not
                                           submitted revisions to its PSD SIP at                   revisions to the Louisiana PSD SIP:                   impose additional requirements beyond
                                           LAC 33:III.509 that adopted provisions                     • New provisions at LAC                            those imposed by state law. For that
                                           substantively identical to the EPA PSD                  33:III.509(I)(5)(a) adopted on December               reason, this action:
                                           SIP’s requirement for PM2.5 PSD SMC.                    20, 2012 and submitted on February 27,                   • Is not a ‘‘significant regulatory
                                           40 CFR 51.166(i)(5)(i). The February 27,                2013, establishing the PM2.5 SMC;                     action’’ subject to review by the Office
                                           2013, submittal included other revisions                   • Revisions to LAC 33:III.509(I)(5)(a),            of Management and Budget under
                                           to the Louisiana SIP that have been                     adopted on March 20, 2016 and                         Executive Orders 12866 (58 FR 51735,
                                           separately approved by the EPA on                       submitted on July 22, 2016 setting the                October 4, 1993) and 13563 (76 FR 3821,
                                           November 5, 2015. See 80 FR 68451. On                   PM2.5 SMC to 0 mg/m3.                                 January 21, 2011);
                                           July 22, 2016, Louisiana submitted                         The EPA is publishing this rule                       • Does not impose an information
                                           revisions to its PSD SIP at LAC                         without prior proposal because we view                collection burden under the provisions
                                           33:III.509 to revise the previously                     this as a non-controversial amendment                 of the Paperwork Reduction Act (44
                                           adopted and submitted PM2.5 SMC at                      and anticipate no adverse comments.                   U.S.C. 3501 et seq.);
                                           LAC 33:III.509(I)(5)(a). Louisiana has                  However, in the proposed rules section                   • Is certified as not having a
                                           not adopted or submitted provisions                     of this Federal Register publication, we              significant economic impact on a
                                           addressing the PM2.5 SIL.                               are publishing a separate document that               substantial number of small entities
                                                                                                   will serve as the proposal to approve the             under the Regulatory Flexibility Act (5
                                           II. The EPA’s Evaluation                                SIP revision if relevant adverse                      U.S.C. 601 et seq.);
                                              Our analysis, available in our                       comments are received. This rule will                    • Does not contain any unfunded
                                           Technical Support Document (TSD) in                     be effective on December 27, 2016                     mandate or significantly or uniquely
                                           the rulemaking docket, finds that the                   without further notice unless we receive              affect small governments, as described
                                           State of Louisiana adopted and                          relevant adverse comment by November                  in the Unfunded Mandates Reform Act
                                           submitted on February 27, 2013,                         28, 2016. If we receive relevant adverse              of 1995 (Pub. L. 104–4);
                                           revisions to the Louisiana SIP that were                comments, we will publish a timely                       • Does not have Federalism
                                           substantively consistent with the                       withdrawal in the Federal Register                    implications as specified in Executive
                                           voluntary exemptions from PSD                           informing the public that the rule will               Order 13132 (64 FR 43255, August 10,
                                           monitoring at 40 CFR 51.166(i)(5)(i)                    not take effect. We will address all                  1999);
                                           promulgated on October 20, 2010.                        public comments in a subsequent final                    • Is not an economically significant
                                           Subsequent to the submittal of these                    rule based on the proposed rule. We                   regulatory action based on health or
                                           provisions, the Court vacated and                       will not institute a second comment                   safety risks subject to Executive Order
                                           remanded these provisions to the EPA.                   period on this action. Any parties                    13045 (62 FR 19885, April 23, 1997);
                                           On December 9, 2013, we promulgated                     interested in commenting must do so                      • Is not a significant regulatory action
                                           revisions to the PSD SIP rules that                     now. Please note that if we receive                   subject to Executive Order 13211 (66 FR
                                           replaced the existing PM2.5 SMC value                   relevant adverse comment on an                        28355, May 22, 2001);
                                           with a zero micrograms per cubic meter                  amendment, paragraph, or section of                      • Is not subject to requirements of
                                           (0 mg/m3) threshold level at 40 CFR                     this rule and if that provision may be                section 12(d) of the National
                                           51.166.                                                 severed from the remainder of the rule,               Technology Transfer and Advancement
                                              To address the EPA’s December 9,                     we may adopt as final those provisions                Act of 1995 (15 U.S.C. 272 note) because
                                           2013, rulemaking, the State of Louisiana                of the rule that are not the subject of an            application of those requirements would
                                           submitted further revisions to the                      adverse comment.                                      be inconsistent with the CAA; and
                                           Louisiana PSD program on July 22,                                                                                • Does not provide EPA with the
                                           2016, setting the PM2.5 SMC to zero;                    IV. Incorporation by Reference                        discretionary authority to address, as
                                           effectively removing any exemption                        In this rule, we are finalizing                     appropriate, disproportionate human
                                           from pre- and post-construction                         regulatory text that includes                         health or environmental effects, using
                                           monitoring under the Louisiana PSD                      incorporation by reference. In                        practicable and legally permissible
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                                           SIP.                                                    accordance with the requirements of 1                 methods, under Executive Order 12898
                                              Our evaluation of the Louisiana PSD                  CFR 51.5, we are finalizing the                       (59 FR 7629, February 16, 1994).
                                           program finds that the adoption and                     incorporation by reference of the                        In addition, the SIP is not approved
                                           revision of the PSD PM2.5 SMC at a zero                 revisions to the Louisiana regulations as             to apply on any Indian reservation land
                                           threshold value is consistent with                      described in the Final Action section                 or in any other area where EPA or an
                                           federal PSD permitting provisions for                   above. We have made, and will continue                Indian tribe has demonstrated that a


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                                                                Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations                                                      74925

                                           tribe has jurisdiction. In those areas of                 Federal Register. This action is not a                       Dated: October 21, 2016.
                                           Indian country, the rule does not have                    ‘‘major rule’’ as defined by 5 U.S.C.                      Ron Curry,
                                           tribal implications and will not impose                   804(2).                                                    Regional Administrator, Region 6.
                                           substantial direct costs on tribal                           Under section 307(b)(1) of the CAA,
                                           governments or preempt tribal law as                      petitions for judicial review of this                          40 CFR part 52 is amended as follows:
                                           specified by Executive Order 13175 (65                    action must be filed in the United States
                                           FR 67249, November 9, 2000).                              Court of Appeals for the appropriate                       PART 52—APPROVAL AND
                                                                                                     circuit by December 27, 2016. Filing a                     PROMULGATION OF
                                              The Congressional Review Act, 5                        petition for reconsideration by the                        IMPLEMENTATION PLANS
                                           U.S.C. 801 et seq., as added by the Small                 Administrator of this final rule does not
                                           Business Regulatory Enforcement                           affect the finality of this rule for the
                                           Fairness Act of 1996, generally provides                                                                             ■ 1. The authority citation for part 52
                                                                                                     purposes of judicial review nor does it                    continues to read as follows:
                                           that before a rule may take effect, the                   extend the time within which a petition
                                           agency promulgating the rule must                                                                                        Authority: 42 U.S.C. 7401 et seq.
                                                                                                     for judicial review may be filed, and
                                           submit a rule report, which includes a                    shall not postpone the effectiveness of
                                           copy of the rule, to each House of the                                                                               Subpart T—Louisiana
                                                                                                     such rule or action. This action may not
                                           Congress and to the Comptroller General                   be challenged later in proceedings to
                                           of the United States. The EPA will                        enforce its requirements. (See section                     ■ 2. In § 52.970(c), the table titled ‘‘EPA
                                           submit a report containing this rule and                  307(b)(2).)                                                Approved Louisiana Regulations in the
                                           other required information to the U.S.                                                                               Louisiana SIP’’ is amended by revising
                                           Senate, the U.S. House of                                 List of Subjects in 40 CFR Part 52                         the entry for Section 509 to read as
                                           Representatives, and the Comptroller                        Environmental protection, Air                            follows:
                                           General of the United States prior to                     pollution control, Incorporation by                        § 52.970    Identification of plan.
                                           publication of the rule in the Federal                    reference, Nitrogen dioxide, Particulate
                                           Register. A major rule cannot take effect                 matter, Reporting and recordkeeping                        *       *    *        *    *
                                           until 60 days after it is published in the                requirements, Sulfur oxides.                                   (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 509 ...........    Prevention of Significant               03/20/2016     10/28/2016, [Insert Federal Reg-              SIP does not include provisions for
                                                                        Deterioration.                                         ister citation].                              permitting of GHGs as effective
                                                                                                                                                                             on      04/20/2011        at     LAC
                                                                                                                                                                             33:III.509(B) definition of ‘‘carbon
                                                                                                                                                                             dioxide equivalent emissions’’,
                                                                                                                                                                             ‘‘greenhouse gases’’, ‘‘major sta-
                                                                                                                                                                             tionary source’’, and ‘‘significant’’.

                                                      *                        *                       *                           *                       *                      *                     *



                                           *      *       *       *      *                           New Jersey Operating Permit Program                        ADDRESSES:    The EPA has established a
                                           [FR Doc. 2016–25992 Filed 10–27–16; 8:45 am]              related to the permitting of stationary                    docket for this action under Docket ID
                                           BILLING CODE 6560–50–P                                    sources subject to title V of the Clean                    No. EPA–R02–OAR–2015–0837. All
                                                                                                     Air Act (CAA) in the state of New                          documents in the docket are listed on
                                                                                                     Jersey. The revision consists of                           the www.regulations.gov Web site.
                                           ENVIRONMENTAL PROTECTION                                  amendments to Subchapter 22 of                             Although listed in the index, some
                                           AGENCY                                                    Chapter 27 of Title 7 of the New Jersey                    information is not publicly available,
                                           40 CFR Part 70                                            Administrative Code, ‘‘Operating                           e.g., CBI or other information whose
                                                                                                     Permits.’’ The revision was submitted to                   disclosure is restricted by statute.
                                           [EPA–R02–OAR–2015–0837; FRL–9954–61–                      change the fee schedule for certain                        Certain other material, such as
                                           Region 2]                                                 permitting activities for major facilities.                copyrighted material, is not placed on
                                                                                                     The changes provide additional needed                      the Internet and will be publicly
                                           Clean Air Act Title V Operating Permit                    fee revenues for New Jersey’s Operating                    available only in hard copy form.
                                           Program Revision; New Jersey                              Permit Program. This approval action                       Publicly available docket materials are
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                                           AGENCY:  Environmental Protection                         will help ensure New Jersey properly                       available through www.regulations.gov,
                                           Agency (EPA).                                             implements the requirements of title V                     or contact the person identified in the
                                           ACTION: Final rule.                                       of the CAA.                                                FOR FURTHER INFORMATION CONTACT
                                                                                                                                                                section for additional availability
                                                                                                          This rule will be effective
                                                                                                     DATES:
                                           SUMMARY:  The Environmental Protection                                                                               information.
                                                                                                     November 28, 2016.
                                           Agency is approving a revision to the


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Document Created: 2018-02-13 16:39:52
Document Modified: 2018-02-13 16:39:52
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
ActionDirect final rule.
DatesThis rule is effective on December 27, 2016 without further notice, unless the EPA receives relevant adverse comment by November 28, 2016. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactAdina Wiley, 214-665-2115, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214- 665-7253.
FR Citation81 FR 74923 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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