[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46606-46608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16791]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0022; FRL-9949-09-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Permitting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving a revision to the Louisiana State 
Implementation Plan (SIP) submitted on December 21, 2011. This revision 
outlines the State's program to regulate and permit emissions of 
greenhouse gases (GHGs) in the Louisiana Prevention of Significant 
Deterioration (PSD) program. We are approving these provisions to the 
extent that they address the GHG permitting requirements for sources 
already subject to PSD for pollutants other than GHGs. We are 
disapproving these provisions to the extent they require PSD permitting 
for sources that emit only GHGs above the thresholds triggering the 
requirement to obtain a PSD permit since that is no longer consistent 
with federal law. The EPA is taking this action under section 110 and 
part C of the Clean Air Act (CAA or Act).

DATES: This rule is effective on August 17, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0022. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, [email protected], 
(214) 665-2115.

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

I. Background

    The background for this action is discussed in detail in our May 6, 
2016 proposal. See 81 FR 27382. In that document we proposed to approve 
as revisions to the Louisiana SIP, the revisions to the Louisiana PSD 
permitting program submitted on December 21, 2011, that provide the 
State the authority to regulate and permit emissions of GHGs from Step 
1 sources in the Louisiana PSD program. We also proposed to disapprove 
the provisions submitted on December 21, 2011, that would enable the 
State of Louisiana to regulate and permit Step 2 sources under the 
Louisiana PSD program because the submitted provisions were no longer 
consistent with federal laws.
    Our proposed action also corrected an omission in the EPA's August 
19, 2015, proposed approval of the Louisiana Major New Source Review 
program, where we did not explicitly propose approval of a portion of 
the definition of ``major stationary source.'' To correct this 
omission, we provided an additional opportunity for the public to 
comment on the revisions to the definition of ``major stationary 
source'' at LAC 33:III.509(B) submitted on December 20, 2005 as 
subparagraph (e), but was moved to subparagraph (f) in the December 21, 
2011 submittal.

II. Response to Comments

    We received comments from the Louisiana Department of Environmental 
Quality (LDEQ). Our responses are provided below.
    Comment 1: The LDEQ commented that the State initiated rulemaking 
AQ358 on January 20, 2016, to remove the PSD GHG Step 2 permitting 
provisions. The rulemaking was promulgated on April 20, 2016, after no 
comments were received during the public comment period. Therefore, 
LDEQ's PSD program no longer contains permitting requirements for Step 
2 sources. The LDEQ also submitted copies of the AQ358 rulemaking for 
reference.
    Response 1: We recognize that the LDEQ has completed a rulemaking 
to remove the Step 2 GHG permitting provisions from the LDEQ PSD 
program consistent with our proposed partial disapproval. Today's final 
action disapproves the Step 2 provisions that were submitted for the 
EPA's consideration as a revision to the Louisiana SIP. No further 
actions are necessary on the part of the LDEQ to remove the Step 2 
provisions adopted by the LDEQ on April 20, 2011 and submitted December 
21, 2011, from our consideration. Further, today's final action also 
removes the portion of the Louisiana SIP at 40 CFR 52.986(c) where the 
EPA narrowed our approval of the Louisiana PSD SIP to apply to Step 2 
permitting. See 75 FR 82536, December 30, 2010.
    Comment 2: The LDEQ provided comment on the EPA's interpretation of 
the ``automatic rescission provisions'' under LAC 33:III.501(C)(14). 
Specifically, the LDEQ commented that ``In the event of a ``change in 
federal law'' or a Supreme Court or D.C. Circuit ``order which limits 
or renders ineffective the regulation'' of GHGs under Part C of Title I 
of the Clean Air Act, LDEQ will provide notice to the general public 
and regulated community if such law or order will impact how LDEQ's 
[sic] administers its PSD program under LAC 33:III.509. In addition, 
LDEQ will ensure that any such changes are consistent with EPA's 
interpretation of the law or order.''
    Response 2: The EPA appreciates the comment from the LDEQ and the 
affirmation that the LDEQ will provide notice to the general public and 
community in the event of a change in federal law or a court decision 
that limits or renders ineffective the regulation of GHGs under the PSD 
program. We note that the LDEQ stated public notice would likely be 
through the LDEQ Web site; we find this method to be sufficient to 
satisfy the requirements of section 110(l) of the CAA.

III. Final Action

    We are approving the following revisions to the Louisiana SIP 
submitted on December 21, 2011. The revisions were adopted and 
submitted in accordance with the CAA and are consistent with the laws 
and regulations for PSD permitting of GHGs; therefore we are taking 
final action to approve these revisions under section 110 and part C of 
the Act.
     New provisions as LAC 33:III.501(C)(14) adopted on April 
20, 2011 and submitted December 21, 2011;
     New definitions of ``carbon dioxide equivalent'' and 
``greenhouse gases'' at LAC 33:III.509(B) adopted on April 20, 2011 and 
submitted December 21, 2011;
     Revisions to the definitions of ``major stationary 
source'' paragraphs (a) and (b) and ``significant'' at LAC 
33:III.509(B) adopted on April 20, 2011 and submitted on December 21, 
2011; and
     Revisions to the definition of ``major stationary source'' 
paragraph (e)

[[Page 46607]]

as submitted on December 20, 2005, and renumbered to paragraph (f) in 
the April 20, 2011 adoption submitted on December 21, 2011.
    As a result of our final approval of the above revisions, the EPA 
is also removing the existing provisions at 40 CFR 52.986(c) under 
which the EPA narrowed the applicability of the Louisiana PSD program 
to regulate sources consistent with federal PSD permitting 
requirements.
    We are disapproving the following severable portions of the 
December 21, 2011 Louisiana SIP submittal that establish GHG permitting 
requirements for Step 2 sources:
     Revisions to the definitions of ``major stationary 
source'' paragraph (c) and ``significant'' as it pertains to Step 2 
sources, adopted on April 20, 2011 and submitted on December 21, 2011.
    As a result of our final disapproval of the above revisions, the 
EPA is adding a new entry at 40 CFR 52.986(c) to reflect the 
disapproval of the PSD GHG Step 2 provisions. We are taking this final 
action under section 110 and part C of the Act; as such, we are not 
imposing sanctions as a result of this final disapproval. This final 
disapproval does not require the EPA to promulgate a Federal 
Implementation Plan because we are finding that the submitted 
provisions are inconsistent with federal laws for the regulation and 
permitting of GHG emissions.

IV. Incorporation by Reference

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

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action proposes approval of the portions of the submitted revisions to 
State law for the regulation and permitting of GHG emissions consistent 
with federal requirements and proposes disapproval of the portions of 
the state laws that do not meet Federal requirements for the regulation 
and permitting of GHG emissions.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. There is no burden imposed under the PRA because this action 
proposes to disapprove submitted revisions that are no longer 
consistent with federal laws for the regulation and permitting of GHG 
emissions.

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. This 
action will not impose any requirements on small entities. This action 
proposes to disapprove submitted revisions that are no longer 
consistent with federal laws for the regulation and permitting of GHG 
emissions, and therefore will have no impact on small entities.

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 proposes 
to disapprove submitted revisions that are no longer consistent with 
federal laws for the regulation and permitting of GHG emissions, and 
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: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action proposes to disapprove provisions of 
state law that are no longer consistent with federal laws for the 
regulation and permitting of GHG emissions; 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

    The 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 disapproves state permitting 
provisions that are inconsistent with federal laws for the regulation 
and permitting of GHG emissions.

H. Executive Order 13211: Actions Concerning Regulations 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 (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The 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 disapproves state permitting provisions that are 
inconsistent with federal laws for the regulation and permitting of GHG 
emissions.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate,

[[Page 46608]]

the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 16, 2016. 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 7, 2016.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

0
2. In Sec.  52.970(c), the table titled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP'' is amended by revising the entries 
for ``Section 501'' and ``Section 509'' under Chapter 5--Permit 
Procedures to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                                                 EPA Approved Louisiana Regulations in the Louisiana SIP
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                                                              State approval
          State citation                 Title/Subject             date                 EPA approval date                         Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
                                                              Chapter 5--Permit Procedures
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Section 501......................  Scope and Applicability..       4/20/2011  7/18/2016, [Insert Federal Register   ....................................
                                                                               citation].
 
                                                                      * * * * * * *
Section 509......................  Prevention of Significant      12/20/2012  7/18/2016, [Insert Federal Register   SIP does not include the provisions
                                    Deterioration.                             citation].                            for Step 2 GHG permitting at
                                                                                                                     ``major stationary source''
                                                                                                                     paragraph (c) or ``significant'' as
                                                                                                                     adopted on April 20, 2011.
                                                                                                                    SIP does not include the PM2.5 SMC
                                                                                                                     at LAC 33:III.509(I)(5)(a) from the
                                                                                                                     12/20/2012 adoption. LAC
                                                                                                                     33:III.509(I)(5)(a) is SIP-approved
                                                                                                                     as of 10/20/2007 adoption.
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                                                                      * * * * * * *
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* * * * *

0
3. Section 52.986 is amended by revising paragraph (c) to read as 
follows:


Sec.  52.986  Significant deterioration of air quality.

* * * * *
    (c) The revisions to the Louisiana SIP adopted on April 20, 2011, 
and submitted on December 21, 2011, establishing PSD permitting 
requirements for sources that are classified as major and thus required 
to obtain a PSD permit based solely on their potential GHG emissions 
(``Step 2'' sources) at the definition of ``major stationary source'' 
paragraph (c) and the definition of ``significant'' at LAC 
33:III.509(B), are disapproved as inconsistent with federal law for the 
regulation and permitting of GHGs.
[FR Doc. 2016-16791 Filed 7-15-16; 8:45 am]
 BILLING CODE 6560-50-P