[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Rules and Regulations]
[Pages 39741-39746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14068]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0849; FRL-8442-8]


Approval and Promulgation of Implementation Plans; Louisiana; 
Clean Air Interstate Rule Sulfur Dioxide Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking a direct final action to approve a revision to 
the Louisiana State Implementation Plan (SIP) submitted on September 
22, 2006, enacted at Louisiana Administrative Code, Title 33, Part III, 
Chapter 5, Section 506(C) (LAC 33:III.506(C)). This revision addresses 
the requirements of EPA's Clean Air Interstate Rule (CAIR) Sulfur 
Dioxide (SO2) Trading Program, promulgated on May 12, 2005 
and subsequently revised on April 28, 2006. EPA is approving the SIP 
revision as fully implementing the CAIR SO2 requirements for 
Louisiana. Therefore, as a consequence of this SIP approval, EPA will 
also withdraw the CAIR Federal Implementation Plan (CAIR FIP) 
concerning SO2 emissions for Louisiana. The CAIR FIPs for 
all States in the CAIR region were promulgated on April 28, 2006 and 
subsequently revised on December 13, 2006.
    CAIR requires States to reduce emissions of SO2 and 
nitrogen oxides (NOX) that significantly contribute to, and 
interfere with maintenance of, the national ambient air quality 
standards for fine particulates and/or ozone in any downwind state. 
CAIR establishes State budgets for SO2 and NOX 
and requires States to submit SIP revisions that implement these 
budgets in States that EPA concluded did contribute to nonattainment in 
downwind states. States have the flexibility to choose which control 
measures to adopt to achieve the budgets, including participating in 
the EPA-administered cap-and-trade programs. In this SIP revision that 
EPA is approving, EPA finds that Louisiana meets CAIR SO2 
requirements by participating in the EPA-administered cap-and-trade 
program addressing SO2 emissions.
    The intended effect of this action is to reduce SO2 
emissions from the State of Louisiana that are contributing to 
nonattainment of the PM2.5 National Ambient Air Quality 
Standard (NAAQS or standard) in downwind states. This action is being 
taken under section 110 of the Federal Clean Air Act (the Act or CAA).

DATES: This rule is effective on September 18, 2007 without further 
notice, unless EPA receives relevant adverse comment by August 20, 
2007. If EPA receives such comment, 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 ID No. EPA-R06-
OAR-2006-0849, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    (2) E-mail: Mr. Jeff Robinson at [email protected]. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
paragraph below.
    (3) U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
    (4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at 
fax number 214-665-6762.
    (5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    (6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0849. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or e-mail, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption and should be free of any 
defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the Air 
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 FOIA 
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays 
except for legal holidays. Contact the person listed in the FOR FURTHER 
INFORMATION CONTACT

[[Page 39742]]

paragraph below to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. A 15 
cent per page fee will be charged for making photocopies of documents. 
On the day of the visit, please check in at the EPA Region 6 reception 
area on the seventh floor at 1445 Ross Avenue, Suite 700, Dallas, 
Texas.
    The State submittal related to this SIP revision, and which is part 
of the EPA docket, is also available for public inspection at the State 
Air Agency listed below during official business hours by appointment:
    Louisiana Department of Environmental Quality, Office of 
Environmental Quality Assessment, 602 N. Fifth Street, Baton Rouge, 
Louisiana 70802.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning 
today's proposal, please contact Ms. Adina Wiley, Air Permits Section 
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 1200, Dallas, TX 75202-2733. The telephone number is (214) 665-
2115. Ms. Wiley can also be reached via electronic mail at 
[email protected].

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

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP Submittals?
V. What Is EPA's Analysis of the Louisiana CAIR SO2 SIP 
Submittal?
    A. State Budget for SO2 Allowance Allocations
    B. CAIR SO2 Cap-and-Trade Program
    C. Individual Opt-In Units
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is taking direct final action to approve a revision to 
Louisiana's SIP, submitted on September 22, 2006, enacted at Louisiana 
Administrative Code, Title 33, Part III, Chapter 5, Section 506(C) (LAC 
33:III.506(C)). In its SIP revision, Louisiana would meet CAIR 
SO2 requirements by requiring certain electric generating 
units (EGUs) to participate in the EPA-administered CAIR cap-and-trade 
program addressing SO2 emissions. The SIP as revised that 
EPA is approving meets the applicable requirements of CAIR. Our 
detailed analysis of this SIP revision is in the Technical Support 
Document (TSD) for the Louisiana CAIR SO2 Trading Program. 
The TSD is available as specified in the section of this document 
identified as ADDRESSES. As a consequence of the SIP approval, the 
Administrator of EPA will also issue a final rule to withdraw the FIP 
concerning SO2 emissions for Louisiana. This action will 
delete and reserve 40 CFR 52.985 in part 52. The withdrawal of the CAIR 
FIP for Louisiana is a conforming amendment that must be made once the 
SIP is approved because EPA's authority to issue the FIP was premised 
on a deficiency in the SIP for Louisiana. Once the SIP is fully 
approved, EPA no longer has authority for the FIP. Thus, EPA will not 
have the option of maintaining the FIP following the full SIP approval. 
Accordingly, EPA does not intend to offer an opportunity for a public 
hearing or an additional opportunity for written public comment on the 
withdrawal of the FIP.
    We are publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant 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 September 18, 
2007 without further notice unless we receive relevant adverse comment 
by August 20, 2007. 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 
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.

II. What Is the Regulatory History of CAIR and the CAIR FIPs?

    The Clean Air Interstate Rule (CAIR) was published by EPA on May 
12, 2005 (70 FR 25162). In this rule, EPA determined that 28 States and 
the District of Columbia contribute significantly to nonattainment and 
interfere with maintenance of the national ambient air quality 
standards (NAAQS) for fine particles (PM2.5) and /or 8-hour 
ozone in downwind States in the eastern part of the country. As a 
result, EPA required those upwind States to revise their SIPs to 
include control measures that reduce emissions of SO2, which 
is a precursor to PM2.5 formation, and/or NOX, 
which is a precursor to both ozone and PM2.5 formation. For 
jurisdictions that contribute significantly to downwind PM2.5 
nonattainment, CAIR sets annual State-wide emission reduction 
requirements (i.e., budgets) for SO2 and annual State-wide 
emission reduction requirements for NOX. Similarly, for 
jurisdictions that contribute significantly to 8-hour ozone 
nonattainment, CAIR sets State-wide emission reduction requirements for 
NOX for the ozone season (defined at 40 CFR 97.302 as May 
1st to September 30th). Under CAIR, States may implement these 
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures. Louisiana 
was found to significantly contribute to nonattainment of the 
PM2.5 standard in Alabama and the 8-hour ozone standard in 
Texas, resulting in Louisiana being subject to the SO2, 
annual NOX, and ozone season NOX CAIR 
requirements.
    CAIR explains to subject States what must be included in SIPs to 
address the requirements of section 110(a)(2)(D) of the Clean Air Act 
(CAA) with regard to interstate transport with respect to the 8-hour 
ozone and PM2.5 NAAQS. EPA made national findings, effective 
on May 25, 2005, that the States had failed to submit SIPs meeting the 
requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3 
years after the promulgation of the 8-hour ozone and PM2.5 
NAAQS. These findings started a 2-year clock for EPA to promulgate a 
Federal Implementation Plan (FIP) to address the requirements of 
section 110(a)(2)(D). Under CAA section 110(c)(1), EPA may issue a FIP 
anytime after such findings are made and must do so within two years 
unless a SIP revision correcting the deficiency is approved by EPA 
before the FIP is promulgated.
    On April 28, 2006, EPA promulgated CAIR FIPs for all States covered 
by CAIR in order to ensure the emissions reductions required by CAIR 
are achieved on schedule. See 40 CFR 52.35 and 52.36. Each CAIR State 
is subject to the FIP until the State fully adopts, and EPA approves, a 
SIP revision meeting the requirements of CAIR. The CAIR FIPs require 
certain EGUs to participate in the EPA-administered CAIR 
SO2, NOX annual, and NOX ozone season 
trading programs, as appropriate, found at 40 CFR part 97. The CAIR 
FIPs' SO2, NOX annual, and NOX ozone 
season trading programs impose essentially the

[[Page 39743]]

same requirements as, and are integrated with, the respective CAIR SIP 
trading programs. The integration of the CAIR FIP and SIP trading 
programs means that these trading programs will work together to create 
effectively a single trading program for each regulated pollutant 
(SO2, NOX annual, and NOX ozone 
season) in all States covered by the CAIR FIPs' or SIPs' trading 
program for that pollutant. The CAIR FIPs also allow States to submit 
abbreviated SIP revisions that, if approved by EPA, will automatically 
replace or supplement certain CAIR FIP provisions, while the CAIR FIPs 
remain in place for all other provisions.
    On April 28, 2006, EPA published two additional CAIR-related final 
rules that added the States of Delaware and New Jersey to the list of 
States subject to CAIR for PM2.5 and announced EPA's final 
decisions on reconsideration of five issues, without making any 
substantive changes to the CAIR requirements. On December 13, 2006, EPA 
published minor, non-substantive revisions that serve to clarify CAIR 
and the CAIR FIPs.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes State-wide emission budgets for SO2 and 
NOX and is to be implemented in two phases. The first phase 
of NOX reductions starts in 2009 and continues through 2014, 
while the first phase of SO2 reductions starts in 2010 and 
continues through 2014. The second phase of reductions for both 
NOX and SO2 starts in 2015 and continues 
thereafter. CAIR requires States to implement the budgets by either: 
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade 
programs; or (2) adopting other control measures of the State's 
choosing and demonstrating that such control measures will result in 
compliance with the applicable State SO2 and NOX 
budgets.
    The May 12, 2005 and April 28, 2006 CAIR rules provide model rules 
that States must adopt (with certain limited changes, if desired) if 
they want to participate in the EPA-administered trading programs. The 
December 13, 2006, revisions to CAIR and the CAIR FIPs were non-
substantive and, therefore, do not affect EPA's evaluation of a State's 
SIP revision.
    With two exceptions, only States that choose to meet the 
requirements of CAIR through methods that exclusively regulate EGUs are 
allowed to participate in the EPA-administered trading programs. One 
exception is for States that adopt the opt-in provisions of the model 
rules to allow non-EGUs individually to opt into the EPA-administered 
trading programs. The other exception is for States that include all 
non-EGUs from their NOX SIP Call trading programs in their 
CAIR NOX ozone season trading programs. Louisiana was not 
subject to the NOX SIP Call requirements; therefore this 
exception is not available to the State.

IV. What Are the Types of CAIR SIP Submittals?

    States have the flexibility to choose the type of control measures 
they will use to meet the requirements of CAIR. EPA anticipates that 
most States will choose to meet the CAIR requirements by selecting an 
option that requires EGUs to participate in the EPA-administered CAIR 
cap-and-trade programs. For such States, EPA has provided two 
approaches for submitting and obtaining approval for CAIR SIP 
revisions. States may submit full SIP revisions that adopt the model 
CAIR cap-and-trade rules. If approved, these SIP revisions will fully 
replace the State's CAIR FIPs. Alternatively, States may submit 
abbreviated SIP revisions. The provisions in the abbreviated SIP 
revision, if approved into a State's SIP, will not replace that State's 
CAIR FIP; however, the requirements for the CAIR FIPs at 40 CFR part 52 
incorporate the provisions of the Federal CAIR trading programs in 40 
CFR part 97. The Federal CAIR trading programs in 40 CFR part 97 
provide that whenever EPA approves an abbreviated SIP revision, the 
provisions in the abbreviated SIP revision will be used in place of or 
in conjunction with, as appropriate, the corresponding provisions in 40 
CFR part 97 of the State's CAIR FIP.
    A State submitting a full SIP revision may either adopt regulations 
that are substantively identical to the model rules or incorporate by 
reference the model rules. CAIR provides that States may only make 
limited changes to the model rules if the States want to participate in 
the EPA-administered trading programs. A full SIP revision may change 
the model rules only by altering their applicability and allowance 
allocation provisions to:
    (1) Include NOX SIP Call trading sources that are not 
EGUs under CAIR in the CAIR NOX Ozone Season Trading 
Program;
    (2) Provide for State allocation of NOX annual or ozone 
season allowances using a methodology chosen by the State;
    (3) Provide for State allocation of NOX annual 
allowances from the compliance supplement pool (CSP) using the State's 
choice of allowed, alternative methodologies; or
    (4) Allow units that are not otherwise CAIR units to opt 
individually into the CAIR SO2, NOX Annual, or 
NOX Ozone Season Trading Programs under the opt-in 
provisions in the model rules.

    EPA's authority to issue the CAIR FIPs was premised on the 
deficiency of each State's SIP in addressing the CAIR requirements. EPA 
will not have the option of maintaining the CAIR FIP following approval 
of a full CAIR SIP revision. Therefore, an approved CAIR full SIP 
revision will replace the CAIR FIP requirements for NOX 
annual, NOX ozone season, or SO2 emissions, as 
applicable, for that State.

V. What Is EPA's Analysis of the Louisiana CAIR SO2 SIP 
Submittal?

A. State Budget for SO2 Allowance Allocations

    The CAIR State SO2 budgets were derived by discounting 
the tonnage of emissions authorized by annual allowance allocations 
under the Acid Rain Program under title IV of the CAA. Under CAIR, each 
allowance allocated in the Acid Rain Program for the years in Phase 1 
of CAIR (2010 through 2014) authorizes 0.5 ton of SO2 
emissions in the CAIR trading program, and each Acid Rain Program 
allowance allocated for the years in Phase 2 of CAIR (2015 and 
thereafter) authorizes 0.35 ton of SO2 emissions in the CAIR 
trading program.
    In today's action, EPA is approving Louisiana's SIP revision that 
incorporates by reference the SO2 model trading rule as 
satisfying the budget requirements of 40 CFR 51.124(e). At 40 CFR 
51.124(o)(1) we explain that any State that incorporates by reference 
the CAIR SO2 trading program at subparts AAA through HHH of 
40 CFR part 96, meets the budget obligation under 40 CFR 51.124(e). 
Therefore, Louisiana's SIP revision establishes the State CAIR 
SO2 budgets as 59,948 tons of SO2 emissions for 
2010-2014 and 41,963 tons of SO2 emissions in 2015 and 
thereafter. Louisiana's SIP revision sets these SO2 budgets 
as the total amount of allowances available for allocation for a given 
year under the EPA-administered SO2 cap-and-trade program.

B. CAIR SO2 Cap-and-Trade Program

    The provisions of the CAIR SO2 model rule are similar to 
the provisions of the CAIR NOX annual and ozone season model 
rules, which largely mirror the structure of the NOX SIP 
Call model trading rule in 40 CFR part 96, subparts A through I. 
However, the SO2 model rule is coordinated with the ongoing 
Acid Rain SO2 cap-and-trade program under CAA title IV. The 
SO2

[[Page 39744]]

model rule uses the title IV allowances for compliance, with each 
allowance allocated for 2010-2014 authorizing only 0.50 ton of 
emissions and each allowance allocated for 2015 and thereafter 
authorizing only 0.35 ton of emissions. Banked title IV allowances 
allocated for years before 2010 can be used at any time in the CAIR 
SO2 cap-and-trade program, with each such allowance 
authorizing 1 ton of emissions. Title IV allowances are to be freely 
transferable among sources covered by the Acid Rain Program and sources 
covered by the CAIR SO2 cap-and-trade program.
    EPA also used the CAIR SO2 model trading rule as the 
basis for the SO2 trading program in the CAIR FIPs. The CAIR 
FIPs' trading rules are virtually identical to the CAIR model trading 
rules, with changes made to account for federal rather than state 
implementation. The CAIR model SO2 trading rules and the 
respective CAIR FIPs' trading rules are designed to work together as an 
integrated SO2 trading program.
    In the September 22, 2006, SIP revision, Louisiana chooses to 
implement its CAIR SO2 budgets by requiring EGUs to 
participate in the EPA-administered cap-and-trade program for 
SO2 emissions. Louisiana has adopted a full SIP revision 
that incorporates by reference the CAIR model cap-and-trade rule for 
SO2 emissions as published at 40 CFR part 96, subparts AAA-
HHH on July 1, 2005, and as revised at 70 FR 25162-25405, May 12, 2005, 
and 71 FR 25162-25405, April 28, 2006. This SIP revision does not 
include subpart III, CAIR SO2 Opt-in Units, and any 
references to opt-in units. This SIP revision also does not include the 
December 13, 2006, revisions to the SO2 trading rules in the 
CAIR and CAIR FIPs.

C. Individual Opt-In Units

    The opt-in provisions of the CAIR model trading rules allow certain 
non-EGUs (i.e., boilers, combustion turbines, and other stationary 
fossil-fuel-fired devices) that do not meet the applicability criteria 
for a CAIR trading program to participate voluntarily in (i.e., opt 
into) the CAIR trading program. A non-EGU may opt into one or more of 
the CAIR trading programs. In order to qualify to opt into a CAIR 
trading program, a unit must vent all emissions through a stack and be 
able to meet monitoring, recordkeeping, and reporting requirements of 
40 CFR part 75. The owners and operators seeking to opt a unit into a 
CAIR trading program must apply for a CAIR opt-in permit. If the unit 
is issued a CAIR opt-in permit, the unit becomes a CAIR unit, is 
allocated allowances, and must meet the same allowance-holding and 
emissions monitoring and reporting requirements as other units subject 
to that CAIR trading program. The opt-in provisions provide for two 
methodologies for allocating allowances for opt-in units, one 
methodology that applies to opt-in units in general and a second 
methodology that allocates allowances only to opt-in units that the 
owners and operators intend to repower before January 1, 2015.
    States have several options concerning the opt-in provisions. 
States may adopt the CAIR opt-in provisions entirely or may adopt them 
but exclude one of the methodologies for allocating allowances. States 
may also decline to adopt the opt-in provisions.
    Louisiana has chosen not to allow non-EGUs to opt into the CAIR 
SO2 trading program. Louisiana incorporated by reference the 
CAIR SO2 Trading Program, published at 40 CFR part 96, 
subparts AAA-HHH on July 1, 2005, and as revised at 70 FR 25162-25405, 
May 12, 2005, and 71 FR 25162-25405, April 28, 2006. This SIP revision 
does not include subpart III, CAIR SO2 Opt-in Units, and any 
references to opt-in units.

VI. Final Action

    We are approving Louisiana's CAIR SO2 SIP revision 
submitted on September 22, 2006, enacted at LAC 33:III.506(C). Under 
this SIP revision, Louisiana is choosing to participate in the EPA-
administered cap-and-trade program for SO2 emissions. Our 
technical analysis has shown that this SIP revision is consistent with 
the requirements of 40 CFR part 51, including the specific CAIR 
SO2 requirements at 40 CFR 51.124 as published on May 12, 
2005, and further revised on April 28, 2006; and all applicable 
requirements of the CAA. While we are approving the Louisiana CAIR 
SO2 SIP as satisfying the CAIR SO2 requirements, 
it is important to note that the Louisiana SIP revision does not 
incorporate EPA's latest revisions to CAIR made on December 13, 2006, 
and any future revisions. We understand that Louisiana will routinely 
update its SIP to reflect this change and any future EPA actions on the 
CAIR SO2 Trading Program.
    As a consequence of this SIP approval, the Administrator of EPA 
will also issue, without providing an opportunity for a public hearing 
or an additional opportunity for written public comment, a final rule 
to withdraw the CAIR FIP concerning SO2 emissions for 
Louisiana. This action will delete and reserve 40 CFR 52.985 in part 
52.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason and because this action will not have a significant, adverse 
effect on the supply, distribution, or use of energy, this action is 
also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001). This action merely approves state 
law as meeting Federal requirements and imposes no additional 
requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
approves pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Act. 
The EPA interprets Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), as applying only to those regulatory actions that concern health 
or safety risks such that the analysis required under section 5-501 of 
the Executive

[[Page 39745]]

Order has the potential to influence the regulation. This rule is not 
subject to Executive Order 13045 because it approves a state program. 
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Because this rule 
merely approves a state rule implementing a Federal standard, EPA lacks 
the discretionary authority to modify today's regulatory decision on 
the basis of environmental justice considerations.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this 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 September 18, 2007. 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: July 11, 2007.
Lawrence Starfield,
Acting Regional Administrator, EPA Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.970 is amended as follows:
0
a. In paragraph (c) the table entitled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP'' is amended under Chapter 5--Permit 
Procedures, by adding in numerical order a new entry for ``Section 
506(c)''.
0
b. In paragraph (e) the table entitled ``EPA Approved Louisiana 
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by 
adding a new entry for the ``Clean Air Interstate Rule Sulfur Dioxide 
Trading Program''.


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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 506(c)...................  Clean Air Interstate     09/20/06  07/20/07, [Insert FR  Sections 506(A),
                                    Rule Requirements--                page number where     (B), (D), and (E)
                                    Annual Sulfur                      document begins].     NOT in SIP.
                                    Dioxide.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 39746]]



                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                        Applicable                                 EPA
      Name of SIP provision            geographic or     State submittal date/   approval        Explanation
                                    nonattainment area      effective date         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Clean Air Interstate Rule Sulfur   Statewide...........  09/22/06............    07/20/07,  Acid Rain Program
 Dioxide Trading Program.                                                       [Insert FR   Provisions NOT in
                                                                               page number   SIP.
                                                                                     where
                                                                                  document
                                                                                   begins]
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-14068 Filed 7-19-07; 8:45 am]
BILLING CODE 6560-50-P