[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51341-51343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18397]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0821; FRL-9950-18-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: The Environmental Protection Agency (EPA) is approving 
portions of revisions to the Louisiana New Source Review (NSR) State 
Implementation Plan (SIP) submitted by the Louisiana Department of 
Environmental Quality. These revisions to the Louisiana SIP provide 
updates to the minor NSR and nonattainment new source review (NNSR) 
permit programs in Louisiana contained within the Chapter 5 Permit 
Procedures and Chapter 6 Regulations on Control of Emissions through 
the Use of Emission Reduction Credits (ERC) Banking rules.

DATES: This final rule is effective on September 6, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2014-0821. 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: Stephanie Kordzi, 214-665-7520, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our April 
20, 2016, proposal (81 FR 23232). In that document, we proposed to 
approve portions of ten SIP submittals for the State of Louisiana. 
These amendments enhance the SIP by (1) defining insignificant 
activities that will not require permitting; (2) correcting 
contradictory language in the insignificant activities list; (3) 
providing edits to the Permit Procedure Rule as requested by the EPA; 
(4) including procedures for incorporating test results; (5) unifying 
and streamlining name and ownership changes for all media; and (6) 
revising references to various LDEQ divisions. This action is being 
taken under section 110 of the Act. We did not receive any comments 
regarding our proposal although the LDEQ did send a letter to the EPA 
on July 14, 2016, to update information on sections 525, 527, and 529.

II. Final Action

    We are approving the revisions to the Louisiana SIP as proposed in 
our April 20, 2016, proposal (81 FR 23232), with the exception of 
sections 525, 527, and 529, as discussed below. This includes SIP 
submittals from the State of Louisiana submitted on November 15, 1993, 
November 10, 1994, July 25, 1997, June 22, 1998, June 27, 2003, May 5, 
2006, November 9, 2007, August 14, 2009, August 29, 2013, and November 
3, 2014. These revisions provide clarity to the rules, correct 
contradictory language, update permit application and fee requirements, 
revise the rules to conform to the latest Louisiana laws, and add to 
the ``Insignificant Activities List''. We approve the revisions to the 
SIP that meet CAA requirements. Specifically, we are approving 
revisions to the Louisiana SIP pertaining to the following sections:
     LAC 33:III.501 as submitted on November 15, 1993, November 
10, 1994, June 22, 1998, June 27, 2003, May 5, 2006, November 9, 2007, 
August 14, 2009; and November 3, 2014;
     LAC 33:III.502 as submitted on November 15, 1993, and 
November 3, 2014;
     LAC 33:III.503 as submitted on November 15, 1993, and 
November 3, 2014;
     LAC 33:III.504 as submitted on November 3, 2014;
     LAC 33:III.511 as submitted on November 15, 1993;
     LAC 33:III.513 as submitted on November 15, 1993, and 
November 9, 2007;
     LAC 33:III.515 as submitted on November 15, 1993;
     LAC 33:III.517 as submitted on November 15, 1993, November 
10, 1994, July 25, 1997, June 22, 1998, and May 5, 2006;
     LAC 33:III.519 as submitted on November 15, 1993;
     LAC 33:III.521 as submitted on November 10, 1994, and May 
5, 2006;
     LAC 33:III.523 as submitted on November 15, 1993, August 
29, 2013, and November 3, 2014;
     LAC 33:III.601 as submitted on November 3, 2014;
     LAC 33:III.603 as submitted on November 3, 2014;
     LAC 33:III.605 as submitted on November 3, 2014;
     LAC 33:III.607 as submitted on November 3, 2014;
     LAC 33:III.615 as submitted on November 3, 2014; and
     LAC 33:III.619 as submitted on November 3, 2014.
    The EPA is not taking final action as proposed on the Louisiana SIP 
at this time pertaining to the following sections based on LDEQ's 
letter of July 14, 2016, which withdrew portions of sections 525, 527, 
and 529 because they apply exclusively to part 70 sources. The letter 
specifically identified citations that are already approved into 
Louisiana's Operating Permits program. EPA will take action on the 
portion of the citations in these sections that have not been withdrawn 
in a future action:

[[Page 51342]]

     LAC 33:III.525 as submitted on November 15, 1993;
     LAC 33:III.527 as submitted on November 15, 1993, and 
November 10, 1994; and
     LAC 33:III.529 as submitted on November 15, 1993.
    This action is being taken under section 110 of the Act.

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 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.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a 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. 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).
    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 October 3, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purpose 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.

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

    Dated: July 26, 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 Sections 501, 503, 504, 601, 603, 605, 607, 615, and 619 and adding 
entries in numerical order for Sections 502, 511, 513, 515, 517, 519, 
521, and 523 to read as follows:


Sec.  52.970   Identification of plan.

* * * * *
    (c) * * *

                             EPA-Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval
          State citation              Title/subject          date        EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 501......................  Scope and                 5/20/2011  8/4/2016 [Insert     The SIP does not
                                    Applicability.                       Federal Register     include LAC
                                                                         citation].           33:III.501.B.1.d.
                                                                                              and LAC
                                                                                              33:III.501.B.2.d.i
                                                                                              .(a).

[[Page 51343]]

 
Section 502......................  Definitions........       5/20/2011  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 503......................  Minor Source Permit       4/20/2011  8/4/2016 [Insert
                                    Requirements.                        Federal Register
                                                                         citation].
Section 504......................  Nonattainment New        11/20/2012  8/4/2016 [Insert     The SIP does not
                                    Source Review                        Federal Register     include LAC
                                    (NNSR) Procedures.                   citation].           33:III.504.M.
 
                                                  * * * * * * *
Section 511......................  Emission Reductions      11/20/1993  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 513......................  General Permits,         10/20/2006  8/4/2016 [Insert     The SIP does not
                                    Temporary Sources,                   Federal Register     include LAC
                                    and Relocation of                    citation].           33:III.513.A.1.
                                    Portable
                                    Facilities.
Section 515......................  Oil and Gas Wells        11/20/1993  8/4/2016 [Insert
                                    and Pipelines                        Federal Register
                                    Permitting                           citation].
                                    Provisions.
Section 517......................  Permit Applications      12/20/1997  8/4/2016 [Insert
                                    and Submittal of                     Federal Register
                                    Information.                         citation].
Section 519......................  Permit Issuance          11/20/1993  8/4/2016 [Insert     The SIP does not
                                    Procedures for New                   Federal Register     include LAC
                                    Facilities,                          citation].           33:III.519.C.
                                    Initial Permits,
                                    Renewals and
                                    Significant
                                    Modifications.
Section 521......................  Administrative            5/20/2005  8/4/2016 [Insert
                                    Amendments.                          Federal Register
                                                                         citation].
Section 523......................  Procedures for            4/20/2011  8/4/2016 [Insert
                                    Incorporating Test                   Federal Register
                                    Results.                             citation].
----------------------------------------------------------------------------------------------------------------
                    Chapter 6--Regulations on Control of Emissions Reduction Credits Banking
----------------------------------------------------------------------------------------------------------------
Section 601......................  Purpose............      11/20/2012  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 603......................  Applicability......      11/20/2012  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 605......................  Definitions........      11/20/2012  8/4/2016 [Insert
                                                                         Federal Register
                                                                         citation].
Section 607......................  Determination of         11/20/2012  8/4/2016 [Insert
                                    Creditable                           Federal Register
                                    Emission                             citation].
                                    Reductions.
 
                                                  * * * * * * *
Section 615......................  Schedule for             11/20/2012  8/4/2016 [Insert
                                    Submitting                           Federal Register
                                    Applications.                        citation].
 
                                                  * * * * * * *
Section 619......................  Emission Reduction       11/20/2012  8/4/2016 [Insert
                                    Credit Bank.                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-18397 Filed 8-3-16; 8:45 am]
 BILLING CODE 6560-50-P