82 FR 24862 - Approval and Promulgation of Implementation Plans; Louisiana; Revisions to the New Source Review State Implementation Plan; Air Permit Procedure Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 103 (May 31, 2017)
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24862-24864 | |
| FR Document | 2017-10955 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Rules and Regulations] [Pages 24862-24864] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10955] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2016-0206; FRL-9958-84-Region 6] Approval and Promulgation of Implementation Plans; Louisiana; Revisions to the New Source Review State Implementation Plan; Air Permit Procedure Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving severable portions of three revisions to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality (LDEQ). Specifically, we are finalizing approval of provisions contained within the Chapter 5 air construction permit rules as initially submitted on November 15, 1993, November 10, 1994, and November 9, 2007. We are withdrawing our proposed disapproval of LAC 33:III.501.B.1.d, LAC 33:III.513.A.1, and LAC 33:III.531.A.1. because the LDEQ withdrew these sections from our consideration on April 19, 2017. DATES: This rule is effective on June 30, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2016-0206. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hardcopy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Stephanie Kordzi, (214) 665-7520, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for this action is discussed in detail in our November 22, 2016, proposal (81 FR 83771). In that document, we proposed to partially approve and partially disapprove severable portions of four revisions to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality (LDEQ). We are finalizing our proposed action to a full approval of severable portions of three revisions as listed in Section II below to the Louisiana NSR SIP submitted by LDEQ. We are withdrawing our proposed disapproval of LAC 33:III.501.B.1.d, LAC 33:III.513.A.1, and LAC 33:III.531.A.1. because the LDEQ withdrew these sections from our consideration by letter dated April 19, 2017. No comments were received from LDEQ or the public on the proposal during the public notice and comment period. II. Final Action The EPA is approving the revisions to the Louisiana SIP that were proposed for approval in our November 22, 2016, proposal (81 FR 83771) as discussed below. This final action includes SIP submittals from the State of Louisiana submitted on November 15, 1993, November 10, 1994, and November 9, 2007. The approved revisions provide in general: (1) Rule clarification; (2) rule consistency with Federal rules; (3) establishment of permit modification procedures; (4) establishment of reopening procedures: and (5) establishment of notification procedures for the notification of other states of Louisiana PSD permit actions. Specifically, we are approving revisions to the Louisiana SIP pertaining to the following sections:LAC 33:III.525 as submitted on November 15, 1993. LAC 33:III.527 as submitted on November 15, 1993, and November 10, 1994. LAC 33:III.529 as submitted on November 15, 1993. LAC 33:III.531 as submitted on November 15, 1993, and November 9, 2007. The EPA is withdrawing our proposed disapproval of LAC 33:III.501.B.1.d, LAC 33:III513.A.1, and LAC 33:III531.A.1. The LDEQ withdrew these sections from our consideration by letter dated April 19, 2017; as such, they are no longer in front of us for action. We are taking this final action under section 110 and parts C and D of the Act. [[Page 24863]] III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing to incorporate by reference revisions to the Louisiana regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. IV. Statutory and Executive Order Reviews Under the 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 act on state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This final action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget for review. B. Paperwork Reduction Act (PRA) This final action does not impose an information collection burden under the PRA because the portion of the rules that are final for approval do not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The approved portion of this action will not impose any requirements on small entities. This action approves regulatory citations that incorporate notification requirements to government entities consistent with federal law, significant and minor permit modification criteria, and permit reopening criteria. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. This action approves specific citations that incorporate notification requirements to government entities consistent with federal law, significant and minor permit modification criteria, and permit reopening criteria. It therefore will have no impact on small governments. E. Executive Order 13132, Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175, Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action approves specific citations that incorporate notification requirements to government entities consistent with federal law, significant and minor permit modification criteria, and permit reopening criteria. There are no requirements or responsibilities added or removed from Indian Tribal Governments. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it approves specific citations that incorporate notification requirements to government entities consistent with federal law, significant and minor permit modification criteria, and permit reopening criteria. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action is not subject to Executive Order 12898 because it approves specific citations that incorporate notification requirements to government entities consistent with federal law, significant and minor permit modification criteria, and permit reopening criteria. K. Congressional Review Act (CRA) 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 action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Judicial Review 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 July 31, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. [[Page 24864]] Dated: April 27, 2017. 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(c), the table titled ``EPA Approved Louisiana Regulations in the Louisiana SIP'' is amended by adding entries in numerical order for Sections 525, 527, 529, and 531 to read as follows: Sec. 52.970 Identification of plan * * * * * (c) * * * EPA Approved Louisiana Regulations in the Louisiana SIP ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject approval EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 525..................... Minor Modifications 11/20/1993 5/31/2017, [Insert The SIP does not Federal Register include LAC citation]. 33:III.525.A.2., B.2.c, B.3., B.4, B.5.a.-d., B.6., B.7., and B.8. Section 527..................... Significant 11/20/1994 5/31/2017, [Insert The SIP does not Modifications. Federal Register include LAC 33:III. citation]. 527.B.5. Section 529..................... Reopenings for 11/20/1993 5/31/2017, [Insert The SIP does not Cause. Federal Register include LAC citation]. 33:III.529.B., B.1., B.2., B.3., and B.4. Section 531..................... Public Notice and 10/20/2006 5/31/2017, [Insert The SIP does not Affected State Federal Register include LAC Notice. citation]. 33:III.531.A.1., A.2., A.3., A.4., B.1.a., B.1.b., and B.1.c. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-10955 Filed 5-30-17; 8:45 am] BILLING CODE 6560-50-P
![24862 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
State Additional explanation/
Article XX or XXI citation Title/subject EPA approval date
effective date § 52.2063 citation
Part A—General
* * * * * * *
2101.07 (Except para- Administration and Or- 06/19/15 05/31/17 [Insert Fed- Revised name of Allegheny County Health De-
graphs .07.c.2 and ganization. eral Register cita- partment Bureau of Environmental Quality to
c.8). tion]. Allegheny County Health Department Bureau
of Environmental Health.
Previous approval 11/
14/02, 67 FR 68935
(c)(192).
* * * * * * *
2101.20 .......................... Definitions .................... 06/19/15 05/31/17 [Insert Fed- Revised definition of ‘‘County Executive’’ to
eral Register cita- mean ‘‘the Chief Executive of Allegheny
tion]. County, Pennsylvania, as defined in the Alle-
gheny County Home Rule Charter’’.
* * * * * * *
* * * * * documents in the docket are listed on No comments were received from
[FR Doc. 2017–10921 Filed 5–30–17; 8:45 am] the http://www.regulations.gov Web LDEQ or the public on the proposal
BILLING CODE 6560–50–P site. Although listed in the index, some during the public notice and comment
information is not publicly available, period.
e.g., Confidential Business Information
ENVIRONMENTAL PROTECTION II. Final Action
or other information whose disclosure is
AGENCY restricted by statute. Certain other The EPA is approving the revisions to
material, such as copyrighted material, the Louisiana SIP that were proposed
40 CFR Part 52 is not placed on the Internet and will be for approval in our November 22, 2016,
[EPA–R06–OAR–2016–0206; FRL–9958–84– publicly available only in hard copy proposal (81 FR 83771) as discussed
Region 6] form. Publicly available docket below. This final action includes SIP
materials are available either submittals from the State of Louisiana
Approval and Promulgation of electronically through http:// submitted on November 15, 1993,
Implementation Plans; Louisiana; www.regulations.gov or in hardcopy at November 10, 1994, and November 9,
Revisions to the New Source Review the EPA Region 6, 1445 Ross Avenue, 2007.
State Implementation Plan; Air Permit Suite 700, Dallas, Texas 75202–2733. The approved revisions provide in
Procedure Revisions general: (1) Rule clarification; (2) rule
FOR FURTHER INFORMATION CONTACT:
consistency with Federal rules; (3)
AGENCY: Environmental Protection Stephanie Kordzi, (214) 665–7520,
establishment of permit modification
Agency (EPA). kordzi.stephanie@epa.gov.
procedures; (4) establishment of
ACTION: Final rule. SUPPLEMENTARY INFORMATION: reopening procedures: and (5)
Throughout this document whenever establishment of notification procedures
SUMMARY: Pursuant to the Federal Clean ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Air Act (CAA or the Act), the for the notification of other states of
the EPA. Louisiana PSD permit actions.
Environmental Protection Agency (EPA)
is approving severable portions of three I. Background Specifically, we are approving revisions
revisions to the Louisiana New Source to the Louisiana SIP pertaining to the
The background for this action is
Review (NSR) State Implementation following sections:
discussed in detail in our November 22, • LAC 33:III.525 as submitted on
Plan (SIP) submitted by the Louisiana 2016, proposal (81 FR 83771). In that
Department of Environmental Quality November 15, 1993.
document, we proposed to partially • LAC 33:III.527 as submitted on
(LDEQ). Specifically, we are finalizing approve and partially disapprove November 15, 1993, and November 10,
approval of provisions contained within severable portions of four revisions to 1994.
the Chapter 5 air construction permit the Louisiana New Source Review • LAC 33:III.529 as submitted on
rules as initially submitted on (NSR) State Implementation Plan (SIP) November 15, 1993.
November 15, 1993, November 10, 1994, submitted by the Louisiana Department • LAC 33:III.531 as submitted on
and November 9, 2007. We are of Environmental Quality (LDEQ). We November 15, 1993, and November 9,
withdrawing our proposed disapproval are finalizing our proposed action to a 2007.
of LAC 33:III.501.B.1.d, LAC full approval of severable portions of • The EPA is withdrawing our
33:III.513.A.1, and LAC 33:III.531.A.1. three revisions as listed in Section II proposed disapproval of LAC
asabaliauskas on DSKBBXCHB2PROD with RULES
because the LDEQ withdrew these below to the Louisiana NSR SIP 33:III.501.B.1.d, LAC 33:III513.A.1, and
sections from our consideration on submitted by LDEQ. We are LAC 33:III531.A.1. The LDEQ withdrew
April 19, 2017. withdrawing our proposed disapproval these sections from our consideration by
DATES: This rule is effective on June 30, of LAC 33:III.501.B.1.d, LAC letter dated April 19, 2017; as such, they
2017. 33:III.513.A.1, and LAC 33:III.531.A.1. are no longer in front of us for action.
ADDRESSES: The EPA has established a because the LDEQ withdrew these We are taking this final action under
docket for this action under Docket ID sections from our consideration by letter section 110 and parts C and D of the
No. EPA–R06–OAR–2016–0206. All dated April 19, 2017. Act.
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![24864 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
Dated: April 27, 2017. Authority: 42 U.S.C. 7401 et seq. § 52.970 Identification of plan
Samuel Coleman, * * * * *
Acting Regional Administrator, Region 6. Subpart T—Louisiana
(c) * * *
40 CFR part 52 is amended as follows:
■ 2. In § 52.970(c), the table titled ‘‘EPA
PART 52—APPROVAL AND Approved Louisiana Regulations in the
PROMULGATION OF Louisiana SIP’’ is amended by adding
IMPLEMENTATION PLANS entries in numerical order for Sections
525, 527, 529, and 531 to read as
■ 1. The authority citation for part 52
follows:
continues to read as follows:
EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
State
State citation Title/subject approval EPA approval date Comments
date
* * * * * * *
Section 525 .................... Minor Modifications ....... 11/20/1993 5/31/2017, [Insert Fed- The SIP does not include LAC 33:III.525.A.2.,
eral Register citation]. B.2.c, B.3., B.4, B.5.a.–d., B.6., B.7., and B.8.
Section 527 .................... Significant Modifications 11/20/1994 5/31/2017, [Insert Fed- The SIP does not include LAC 33:III. 527.B.5.
eral Register citation].
Section 529 .................... Reopenings for Cause .. 11/20/1993 5/31/2017, [Insert Fed- The SIP does not include LAC 33:III.529.B.,
eral Register citation]. B.1., B.2., B.3., and B.4.
Section 531 .................... Public Notice and Af- 10/20/2006 5/31/2017, [Insert Fed- The SIP does not include LAC 33:III.531.A.1.,
fected State Notice. eral Register citation]. A.2., A.3., A.4., B.1.a., B.1.b., and B.1.c.
* * * * * * *
* * * * * actions in accordance with the CAA and system). For additional submission
[FR Doc. 2017–10955 Filed 5–30–17; 8:45 am] EPA’s implementation regulations methods, please contact the person
BILLING CODE 6560–50–P regarding the 2008 lead NAAQS. identified in the FOR FURTHER
DATES: This direct final rule is effective INFORMATION CONTACT section. For the
July 31, 2017, unless EPA receives full EPA public comment policy,
ENVIRONMENTAL PROTECTION adverse comments by June 30, 2017. If information about CBI or multimedia
AGENCY adverse comments are received, EPA submissions, and general guidance on
will publish a timely withdrawal of the making effective comments, please visit
40 CFR Parts 52 and 81 http://www2.epa.gov/dockets/
direct final rule in the Federal Register
[EPA–R05–OAR–2016–0044; FRL–9962–72– informing the public that the rule will commenting-epa-dockets.
Region 5] not take effect. FOR FURTHER INFORMATION CONTACT: Matt
ADDRESSES: Submit your comments, Rau, Environmental Engineer, Control
Air Plan Approval; Michigan; Strategies Section, Air Programs Branch
identified by Docket ID No. EPA–R05–
Redesignation of the Belding Area in (AR–18J), Environmental Protection
OAR–2016–0044 at http://
Ionia County to Attainment of the 2008 Agency, Region 5, 77 West Jackson
www.regulations.gov, or via email to
Lead Standard Boulevard, Chicago, Illinois 60604,
blakley.pamela@epa.gov. For comments
AGENCY: Environmental Protection submitted at Regulations.gov, follow the (312) 886–6524, rau.matthew@epa.gov.
Agency (EPA). online instructions for submitting SUPPLEMENTARY INFORMATION:
comments. Once submitted, comments Throughout this document whenever
ACTION: Direct final rule.
cannot be edited or removed from ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
SUMMARY: The Environmental Protection Regulations.gov. For either manner of EPA. This supplementary information
Agency (EPA) is approving the State of submission, EPA may publish any section is arranged as follows:
Michigan’s request to revise the comment received to its public docket. I. Why is EPA concerned about lead?
designation of (redesignate) the Belding Do not submit electronically any II. What is the background for these actions?
nonattainment area (Belding) to information you consider to be III. What are the criteria for redesignation to
attainment of the 2008 National Confidential Business Information (CBI) attainment?
IV. What is EPA’s analysis of Michigan’s
Ambient Air Quality Standards or other information whose disclosure is request?
(NAAQS or standard) for lead. EPA is restricted by statute. Multimedia V. What action is EPA taking?
also approving the maintenance plan submissions (audio, video, etc.) must be VI. Statutory and Executive Order Reviews
asabaliauskas on DSKBBXCHB2PROD with RULES
and related elements of the accompanied by a written comment.
redesignation. EPA is approving The written comment is considered the I. Why is EPA concerned about lead?
reasonably available control measure official comment and should include Lead (Pb) is a metal found naturally
(RACM)/reasonably available control discussion of all points you wish to in the environment and present in some
technology (RACT) measures and a make. EPA will generally not consider manufactured products. However, Pb
comprehensive emissions inventory as comments or comment contents located has serious public health effects and
meeting the Clean Air Act (CAA) outside of the primary submission (i.e. depending on the level of exposure can
requirements. EPA is taking these on the web, cloud, or other file sharing adversely affect the nervous system,
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Document Created: 2017-05-31 05:59:21
Document Modified: 2017-05-31 05:59:21
| 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 | Final rule. | |
| Dates | This rule is effective on June 30, 2017. | |
| Contact | Stephanie Kordzi, (214) 665-7520, [email protected] | |
| FR Citation | 82 FR 24862 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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