81 FR 95477 - Approval and Promulgation of Implementation Plans; Louisiana; State Boards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 249 (December 28, 2016)
Federal Register Volume 81, Issue 249 (December 28, 2016)
| Page Range | 95477-95480 | |
| FR Document | 2016-31332 |
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)] [Rules and Regulations] [Pages 95477-95480] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31332] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2014-0513; FRL-9956-45-Region 6] Approval and Promulgation of Implementation Plans; Louisiana; State Boards AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is approving revisions to the Louisiana State Implementation Plan (SIP) that address requirements in CAA Section 128 regarding State Board composition and Conflict of Interest and Disclosure requirements. DATES: This rule is effective on February 27, 2017 without further notice, unless the EPA receives relevant adverse comment by January 27, 2017. 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- 2014-0513, 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 Tracie Donaldson, 214- 665-6633, [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: Tracie Donaldson, 214-665-6633, [email protected] To inspect the hard copy materials, please schedule an appointment with Tracie Donaldson 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 Section 128: State Boards and Heads of Executive Agency, Conflicts of Interest Section 128 of the CAA requires SIPs to comply with the requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the CAA also references these requirements. Section 128(a) of the CAA requires SIPs to contain provisions that: (1) Any board or body which approves permits or enforcement orders under the CAA have at least a majority of its members represent the public interest and not derive any significant portion of their income from persons subject to permits or enforcement orders under the CAA; and (2) any potential conflict of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. The requirements of CAA section 128(a)(1) are not applicable to Louisiana because it does not have any board or body which approves air quality permits or enforcement orders. The requirements of CAA section 128(a)(2), however, are applicable to Louisiana because LDEQ's cabinet level Secretary (i.e., the head of an executive agency) makes the referenced decisions. Under Louisiana Revised Statutes at Title 30; Subtitle 2. Environmental Quality; Chapter 2; Department of Environmental Quality, and Chapter 3; Louisiana Air Control Law, the Secretary of the Louisiana Department of Environmental Quality (LDEQ), has the power and duty to, among other things, grant or deny air quality related permits. B. Louisiana's Submittal On April 30, 1997 Louisiana submitted a SIP revision that contains revisions to the Louisiana Revised Statutes for inclusion into the SIP. The revisions that are necessary for inclusion into the State's SIP address the requirements of CAA section 128 in [[Page 95478]] relation to State Boards/Head of Executive Agency and Conflicts of Interest/Disclosure. The specific Louisiana statutes governing the relevant CAA section 128 requirements are found in Title 42, Chapter 15 Code of Governmental Ethics and Title 30 Minerals, Oil, Gas and Environmental Quality, Subtitle 2, Environmental Quality, as detailed below: The relevant provisions of those Titles in the Louisiana SIP to meet these CAA requirements are the following: Louisiana Revised Statutes at Title 30; Chapter 2 Sections 2014.1(A)-(D): Permit review; Prohibition; Title 42; Chapter 15: Code of Governmental Ethics; Part 1, General Provisions, Section 1102 Definitions, Section 1102(3) ``Agency Head;'' Section 1102(13) ``Immediate Family;'' Section 1102(22)(a) ``Thing of Economic Value;'' Section 1102(19) ``Public Servant;'' Section 1102(23), ``Transaction involving governmental entity;'' Section 1112 ``Participation in Certain Transaction Involving the Governmental Entity;'' Sections 1114(A)(1)-(4) and (C) ``Financial disclosure.'' II. The EPA's Evaluation CAA section 128 requires that each state's SIP demonstrate how State Boards or the head of an executive agency who approves CAA permits or enforcement orders disclose any potential conflicts of interest. The LDEQ Secretary is subject to the requirements of the relevant conflict of interest and disclosure provisions as the head of an Executive Agency. LDEQ approves all CAA permits and enforcement orders in Louisiana. LDEQ is an executive agency that acts through its Secretary. LDEQ submits that public disclosure of any potential conflict in the SIP as required by CAA sections 128 and 110(a)(2)(E)(ii) pursuant to the requirements that if such person derives anything of economic value that such person should be aware, he/she must disclose specified elements under Title 42; Chapter 15: Code of Governmental Ethics; Section 1114(A)(1)-(4) and (C) ``Financial disclosure.'' In addition, if the Secretary of LDEQ receives or had received, during the previous two years, a significant portion of income directly or indirectly from a permit applicant, among other specified prohibitions, such individual must be recused from the permit approval process for that permit under Title 30; Chapter 2, Sections 2014.1(A)-(D): Permit review; Prohibition. The SIP revision through submittal of these relevant revised statutes demonstrates that Louisiana complies with the requirements of CAA sections 128 and 110(a)(2)(E)(ii). It is necessary to act on the above-cited provisions to meet the requirements of the CAA Section 128 which sets forth requirements for State Boards and Agency Head and Conflicts of Interest/Disclosure. We find that the cited provisions are approvable and meet the requirements of CAA Section 128. This submittal included other Louisiana Revised Statutes that are unnecessary for inclusion into the Louisiana SIP as they do not relate to the CAA 128 and the Conflict of Interest/ Disclosure provisions and thus not relevant for inclusion into the SIP. We are also approving a ministerial change to remove language from 40 CFR part 52.2270(e) concerning Title 40: Chapter 12, EPA Approved Statutes in the Louisiana SIP. This will correct a citation that was included in the CFR when the format of part 52 was converted and was not previously approved into the SIP. III. Final Action We are approving revisions to the Louisiana SIP that contain several provisions of the Louisiana Revised Statutes to update the federally approved Louisiana SIP. Those are the following: Louisiana Revised Statutes at Title 30; Chapter 2 Sections 2014.1(A)-(D): Permit review; Prohibition; Title 42; Chapter 15: Code of Governmental Ethics; Part 1, General Provisions, Section 1102 Definitions, Section 1102(3) ``Agency Head;'' Section 1102(13) ``Immediate Family;'' Section 1102(22)(a) ``Thing of Economic Value;'' Section 1102(19) ``Public Servant;'' Section 1102(23), ``Transaction involving governmental entity;'' Section 1112 ``Participation in Certain Transaction Involving the Governmental Entity;'' Sections 1114(A)(1)-(4) and (C) ``Financial disclosure.'' We are also approving a ministerial change to remove language from 40 CFR part 52.2270(e). 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 February 27, 2017 without further notice unless we receive relevant adverse comment by January 27, 2017. 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. 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 [[Page 95479]] 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. 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 February 27, 2017. 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).) Samuel Coleman was designated the Acting Regional Administrator on December 21, 2016 through the order of succession outlined in Regional Order R6-1110.1, a copy of which is included in the docket for this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Government employees. Dated: December 21, 2016. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart T--Louisiana 0 2. In Sec. 52.970(e), the table titled ``EPA Approved Statutes in the Louisiana SIP'' is amended by removing the centered heading and the entries for ``LA of R.S. of 1950. Title 40, Chapter 12. The Louisiana Air Control Law, Part 1, Louisiana Air Control Commission'' and adding centered headings and entries for ``Louisiana Revised Statutes (La. R.S. of 1993) Title 30'' and ``Louisiana Revised Statutes (La. R.S. of 1972) Title 42'' at the end of the table. The amendments read as follows: Sec. 52.970 Identification of plan. * * * * * (e) * * * EPA Approved Statutes in the Louisiana SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Louisiana Revised Statutes (La. R.S. of 1993). Title 30, Minerals, oil, gas and environmental quality, Subtitle II. Environmental Quality, Chapter 2. Department of Environment Quality; Permit Review; Prohibition ---------------------------------------------------------------------------------------------------------------- Title 30: Subtitle II, Permit Permit review; 06/10/1993 12/28/2016, Review, Ch. 2, Permit Review; Prohibition. [Insert Federal Prohibition, Section 2014.1(A) Register and (B). citation]. ---------------------------------------------------------------------------------------------------------------- Louisiana Revised Statutes (La. R.S. of 1972). Title 42, Public Officers and Employees, Chapter 15 Code of Governmental Ethics Part 1, General Provisions and Part 2 Ethical Standards for Public Servants ---------------------------------------------------------------------------------------------------------------- Title 42 Part 1, General Definitions............ 04/01/1980 12/28/2016, Provisions. [Insert Federal Register citation]. 1102(3)........................ Agency Head............ 04/01/1980 12/28/2016, [Insert Federal Register citation]. 1102(13)....................... Immediate Family....... 04/01/1980 12/28/2016, [Insert Federal Register citation]. 1102(19)....................... Public Servant......... 04/01/1980 12/28/2016, [Insert Federal Register citation]. 1102(22)(a).................... Thing of Economic Value 04/01/1980 12/28/2016, [Insert Federal Register citation]. 1102(23)....................... Transaction Involving 04/01/1980 12/28/2016, Government Entity. [Insert Federal Register citation]. Section 1112................... Participation in 04/01/1980 12/28/2016, Certain Transactions [Insert Federal Involving the Register Governmental Entity. citation]. Title 42 Part 2, Ethical Financial disclosure... 04/01/1980 12/28/2016, Standards for Public Servants. [Insert Federal Register citation]. [[Page 95480]] Section 1114(A)(1-4)........... Financial Disclosures.. 04/01/1980 12/28/2016, [Insert Federal Register citation]. Section 1114(C)................ Financial Disclosures.. 04/01/1980 12/28/2016, [Insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-31332 Filed 12-27-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations 95477
shall not postpone the effectiveness of ENVIRONMENTAL PROTECTION at EPA Region 6, 1445 Ross Avenue,
such rule or action. Parties with AGENCY Suite 700, Dallas, Texas. While all
objections to this direct final rule are documents in the docket are listed in
encouraged to file a comment in 40 CFR Part 52 the index, some information may be
response to the parallel notice of [EPA–R06–OAR–2014–0513; FRL–9956–45– publicly available only at the hard copy
proposed rulemaking for this action Region 6] location (e.g., copyrighted material), and
published in the proposed rules section some may not be publicly available at
of today’s Federal Register, rather than Approval and Promulgation of either location (e.g., CBI).
file an immediate petition for judicial Implementation Plans; Louisiana; State FOR FURTHER INFORMATION CONTACT:
review of this direct final rule, so that Boards Tracie Donaldson, 214–665–6633,
EPA can withdraw this direct final rule Donaldson.tracie@epa.gov. To inspect
AGENCY: Environmental Protection
and address the comment in the the hard copy materials, please schedule
Agency (EPA).
proposed rulemaking. This action may an appointment with Tracie Donaldson
ACTION: Direct final rule.
not be challenged later in proceedings to or Mr. Bill Deese at 214–665–7253.
enforce its requirements. (See section SUMMARY: Pursuant to the Federal Clean SUPPLEMENTARY INFORMATION:
307(b)(2).) Air Act (CAA or Act), the Throughout this document ‘‘we,’’ ‘‘us,’’
List of Subjects in 40 CFR Part 52 Environmental Protection Agency (EPA) and ‘‘our’’ means the EPA.
is approving revisions to the Louisiana
Environmental protection, Air I. Background
State Implementation Plan (SIP) that
pollution control, Incorporation by address requirements in CAA Section A. CAA and Section 128: State Boards
reference, Intergovernmental relations, 128 regarding State Board composition and Heads of Executive Agency,
Ozone, Reporting and recordkeeping and Conflict of Interest and Disclosure Conflicts of Interest
requirements, Volatile organic requirements. Section 128 of the CAA requires SIPs
compounds. DATES: This rule is effective on February to comply with the requirements
Dated: November 18, 2016. 27, 2017 without further notice, unless regarding State Boards. Section
Robert A. Kaplan, the EPA receives relevant adverse 110(a)(2)(E)(ii) of the CAA also
Acting Regional Administrator, Region 5. comment by January 27, 2017. If the references these requirements. Section
EPA receives such comment, the EPA 128(a) of the CAA requires SIPs to
40 CFR Part 52 is amended as follows: will publish a timely withdrawal in the contain provisions that: (1) Any board
Federal Register informing the public or body which approves permits or
PART 52—APPROVAL AND that this rule will not take effect.
PROMULGATION OF enforcement orders under the CAA have
ADDRESSES: Submit your comments, at least a majority of its members
IMPLEMENTATION PLANS
identified by Docket No. EPA–R06– represent the public interest and not
OAR–2014–0513, at http:// derive any significant portion of their
■ 1. The authority citation for part 52
www.regulations.gov or via email to income from persons subject to permits
continues to read as follows:
donaldson.tracie@epa.gov. Follow the or enforcement orders under the CAA;
Authority: 42 U.S.C. 7401 et seq. online instructions for submitting and (2) any potential conflict of interest
■ 2. Section 52.720 is amended by comments. Once submitted, comments by members of such board or body or
adding paragraph (c)(209) to read as cannot be edited or removed from the head of an executive agency with
follows: Regulations.gov. The EPA may publish similar powers be adequately disclosed.
any comment received to its public The requirements of CAA section
§ 52.720 Identification of plan. docket. Do not submit electronically any 128(a)(1) are not applicable to Louisiana
* * * * * information you consider to be because it does not have any board or
(c) * * * Confidential Business Information (CBI) body which approves air quality permits
(209) On August 9, 2016, the state or other information whose disclosure is or enforcement orders. The
submitted a proposed revision to the restricted by statute. Multimedia requirements of CAA section 128(a)(2),
Illinois SIP updating the definition of submissions (audio, video, etc.) must be however, are applicable to Louisiana
Volatile Organic Material (VOM) or accompanied by a written comment. because LDEQ’s cabinet level Secretary
Volatile Organic Compound (VOC) to The written comment is considered the (i.e., the head of an executive agency)
exclude the chemical compound 2- official comment and should include makes the referenced decisions. Under
amino-2-methyl-1-propanol (AMP), discussion of all points you wish to Louisiana Revised Statutes at Title 30;
along with minor administrative make. The EPA will generally not Subtitle 2. Environmental Quality;
revisions. consider comments or comment Chapter 2; Department of Environmental
contents located outside of the primary Quality, and Chapter 3; Louisiana Air
(i) Incorporation by reference. Illinois submission (i.e. on the web, cloud, or Control Law, the Secretary of the
Administrative Code, Title 35: other file sharing system). For Louisiana Department of Environmental
Environmental Protection, Subtitle B: additional submission methods, please Quality (LDEQ), has the power and duty
Air Pollution, Chapter I: Pollution contact Tracie Donaldson, 214–665– to, among other things, grant or deny air
Control Board, Subchapter c: Emissions 6633, Donaldson.tracie@epa.gov. For quality related permits.
Standards and Limitations for Station the full EPA public comment policy,
Sources, Part 211: Definitions and information about CBI or multimedia B. Louisiana’s Submittal
sradovich on DSK3GMQ082PROD with RULES
General Provisions, Subpart B: submissions, and general guidance on On April 30, 1997 Louisiana
Definitions, Section 211.7150 Volatile making effective comments, please visit submitted a SIP revision that contains
Organic Material (VOM) or Volatile http://www2.epa.gov/dockets/ revisions to the Louisiana Revised
Organic Compounds (VOC), effective commenting-epa-dockets. Statutes for inclusion into the SIP. The
March 24, 2015. Docket: The index to the docket for revisions that are necessary for
[FR Doc. 2016–31227 Filed 12–27–16; 8:45 am] this action is available electronically at inclusion into the State’s SIP address
BILLING CODE 6560–50–P www.regulations.gov and in hard copy the requirements of CAA section 128 in
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health or environmental effects, using until 60 days after it is published in the Dated: December 21, 2016.
practicable and legally permissible Federal Register. This action is not a Samuel Coleman,
methods, under Executive Order 12898 ‘‘major rule’’ as defined by 5 U.S.C. Acting Regional Administrator, Region 6.
(59 FR 7629, February 16, 1994). 804(2). 40 CFR part 52 is amended as follows:
In addition, the SIP is not approved Under section 307(b)(1) of the CAA,
to apply on any Indian reservation land petitions for judicial review of this PART 52—APPROVAL AND
or in any other area where EPA or an action must be filed in the United States PROMULGATION OF
Indian tribe has demonstrated that a Court of Appeals for the appropriate IMPLEMENTATION PLANS
tribe has jurisdiction. In those areas of circuit by February 27, 2017. Filing a
Indian country, the rule does not have petition for reconsideration by the ■ 1. The authority citation for part 52
tribal implications and will not impose Administrator of this final rule does not continues to read as follows:
substantial direct costs on tribal affect the finality of this rule for the Authority: 42 U.S.C. 7401 et seq.
governments or preempt tribal law as purposes of judicial review nor does it
specified by Executive Order 13175 (65 extend the time within which a petition Subpart T—Louisiana
FR 67249, November 9, 2000). for judicial review may be filed, and
The Congressional Review Act, 5 ■ 2. In § 52.970(e), the table titled ‘‘EPA
shall not postpone the effectiveness of
U.S.C. 801 et seq., as added by the Small Approved Statutes in the Louisiana SIP’’
such rule or action. This action may not
Business Regulatory Enforcement is amended by removing the centered
Fairness Act of 1996, generally provides be challenged later in proceedings to
heading and the entries for ‘‘LA of R.S.
that before a rule may take effect, the enforce its requirements. (See section
of 1950. Title 40, Chapter 12. The
agency promulgating the rule must 307(b)(2).)
Louisiana Air Control Law, Part 1,
submit a rule report, which includes a Samuel Coleman was designated the Louisiana Air Control Commission’’ and
copy of the rule, to each House of the Acting Regional Administrator on adding centered headings and entries
Congress and to the Comptroller General December 21, 2016 through the order of for ‘‘Louisiana Revised Statutes (La. R.S.
of the United States. The EPA will succession outlined in Regional Order of 1993) Title 30’’ and ‘‘Louisiana
submit a report containing this rule and R6–1110.1, a copy of which is included Revised Statutes (La. R.S. of 1972) Title
other required information to the U.S. in the docket for this action. 42’’ at the end of the table.
Senate, the U.S. House of List of Subjects in 40 CFR Part 52 The amendments read as follows:
Representatives, and the Comptroller
General of the United States prior to Environmental protection, Air § 52.970 Identification of plan.
publication of the rule in the Federal pollution control, Incorporation by * * * * *
Register. A major rule cannot take effect reference, Government employees. (e) * * *
EPA APPROVED STATUTES IN THE LOUISIANA SIP
State
approval/
State citation Title/subject EPA approval date Comments
effective
date
* * * * * * *
Louisiana Revised Statutes (La. R.S. of 1993). Title 30, Minerals, oil, gas and environmental quality, Subtitle II. Environmental Quality,
Chapter 2. Department of Environment Quality; Permit Review; Prohibition
Title 30: Subtitle II, Permit Permit review; Prohibition ........................................... 06/10/1993 12/28/2016, [Insert Fed-
Review, Ch. 2, Permit eral Register citation].
Review; Prohibition,
Section 2014.1(A) and
(B).
Louisiana Revised Statutes (La. R.S. of 1972). Title 42, Public Officers and Employees, Chapter 15 Code of Governmental Ethics Part 1,
General Provisions and Part 2 Ethical Standards for Public Servants
Title 42 Part 1, General Definitions ................................................................... 04/01/1980 12/28/2016, [Insert Fed-
Provisions. eral Register citation].
1102(3) .............................. Agency Head .............................................................. 04/01/1980 12/28/2016, [Insert Fed-
eral Register citation].
1102(13) ............................ Immediate Family ....................................................... 04/01/1980 12/28/2016, [Insert Fed-
eral Register citation].
1102(19) ............................ Public Servant ............................................................ 04/01/1980 12/28/2016, [Insert Fed-
eral Register citation].
1102(22)(a) ....................... Thing of Economic Value ........................................... 04/01/1980 12/28/2016, [Insert Fed-
eral Register citation].
sradovich on DSK3GMQ082PROD with RULES
1102(23) ............................ Transaction Involving Government Entity .................. 04/01/1980 12/28/2016, [Insert Fed-
eral Register citation].
Section 1112 ..................... Participation in Certain Transactions Involving the 04/01/1980 12/28/2016, [Insert Fed-
Governmental Entity. eral Register citation].
Title 42 Part 2, Ethical Financial disclosure .................................................... 04/01/1980 12/28/2016, [Insert Fed-
Standards for Public eral Register citation].
Servants.
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![95480 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
EPA APPROVED STATUTES IN THE LOUISIANA SIP—Continued
State
approval/
State citation Title/subject EPA approval date Comments
effective
date
Section 1114(A)(1–4) ........ Financial Disclosures .................................................. 04/01/1980 12/28/2016, [Insert Fed-
eral Register citation].
Section 1114(C) ................ Financial Disclosures .................................................. 04/01/1980 12/28/2016, [Insert Fed-
eral Register citation].
[FR Doc. 2016–31332 Filed 12–27–16; 8:45 am] DATES: This rule is effective on January (404) 562–9439; email address:
BILLING CODE 6560–50–P 27, 2017. For judicial purposes, this marsh.nancy@epa.gov.
final rule is promulgated as of January SUPPLEMENTARY INFORMATION:
27, 2017. The incorporation by reference
ENVIRONMENTAL PROTECTION of certain publications listed in the rule I. Why is EPA issuing this final rule?
AGENCY is approved by the Director of the On October 28, 2016, EPA published
Federal Register as of January 27, 2017. Kentucky’s Class II primacy approval
40 CFR Part 147 via a direct final rule with a parallel
ADDRESSES: The EPA has established a
[EPA–HQ–OW–2015–0372; FRL 9957–48– proposal. The EPA stated in the direct
docket for this action under Docket ID final rule that if we received adverse
OW]
No. EPA–HQ–OW–2015–0372, to the comment, the direct final rule would
State of Kentucky Underground Federal eRulemaking Portal: http:// not take effect and we would publish a
Injection Control (UIC) Class II www.regulations.gov. All documents in timely withdrawal in the Federal
Program; Primacy Approval the docket are listed on the http:// Register. During the 30-day comment
www.regulations.gov Web site. Although period, which ended on November 28,
AGENCY: Environmental Protection listed in the index, some information is 2016, the EPA received three adverse
Agency (EPA). not publicly available, e.g., CBI or other comment letters questioning Kentucky’s
ACTION: Final rule. information whose disclosure is capacity to run the Class II program,
restricted by statute. Certain other along with some technical concerns
SUMMARY: The Environmental Protection material, such as copyrighted material, regarding the state’s program. As a
Agency (EPA) is taking this action to is not placed on the Internet and will be result, EPA withdrew the direct final
approve the Commonwealth of publicly available only in hard copy rule in the Federal Register in a
Kentucky’s Underground Injection form. Publicly available docket separate notice on December 28, 2016,
Control (UIC) Class II Program for materials are available electronically Insert Federal Register Citation. As
primacy. EPA determined that the through http://www.regulations.gov. stated in the direct final rule and the
state’s program represents an effective
FOR FURTHER INFORMATION CONTACT: parallel proposed rule, EPA indicated
program to prevent underground
Holly S. Green, Drinking Water that it will address the public comments
injection activities that endanger
Protection Division, Office of Ground in any subsequent final action, which
underground sources of drinking water
Water and Drinking Water (4606M), U.S. will be based on the parallel proposed
(USDWs), as required under section
Environmental Protection Agency, 1200 rule, and will not institute a second
1425 of the Safe Drinking Water Act
Pennsylvania Ave. NW., Washington, comment period on this action.
(SDWA). EPA’s approval allows the
DC 20460; telephone number: (202) EPA has responded in detail to the
state to implement and enforce state
566–0651; fax number: (202) 564–3754; public comments received and has
regulations for UIC Class II injection
placed the response to comment
wells located within the state. The email address: green.holly@epa.gov; or
document in the docket for this action.
Commonwealth’s authority excludes the Nancy H. Marsh, Safe Drinking Water
A summary of the comments received
regulation of injection well Classes I, III, Branch, U.S. Environmental Protection
and EPA response can be found in
IV, V and VI and all wells on Indian Agency, Region 4, 61 Forsyth Street
section V of this action.
lands, as required by rule under the SW., Atlanta, Georgia 30303; telephone
SDWA. number (404) 562–9450; fax number: II. Does this action apply to me?
REGULATED ENTITIES
North American industry
Category Examples of potentially regulated entities classification system
Industry ............................................ Private owners and operators of Class II injection wells located within 211111 & 213111.
the state (Enhance Recovery, Produce Fluid Disposal and Hydro-
carbon Storage).
sradovich on DSK3GMQ082PROD with RULES
This table is intended to be a guide for regarding the applicability of this action III. Legal Authorities
readers regarding entities likely to be to a particular entity, consult the
regulated by this action. This table lists persons listed in the preceding FOR The state applied to EPA for primacy
the types of entities that EPA is now FURTHER INFORMATION CONTACT section. (primary implementation and
aware could potentially be regulated by enforcement authority) under section
this action. If you have questions 1425 of the SDWA, 42 U.S.C. Sections
VerDate Sep<11>2014 17:25 Dec 27, 2016 Jkt 241001 PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1](https://thefederalregister.org/doc/81_FR_95726/page/4.svg)
Document Created: 2016-12-28 02:16:45
Document Modified: 2016-12-28 02:16:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on February 27, 2017 without further notice, unless the EPA receives relevant adverse comment by January 27, 2017. 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. | |
| Contact | Tracie Donaldson, 214-665-6633, [email protected] To inspect the hard copy materials, please schedule an appointment with Tracie Donaldson or Mr. Bill Deese at 214- 665-7253. | |
| FR Citation | 81 FR 95477 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Government Employees |
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