[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53308-53309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19148]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0464; FRL-9950-49-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Interstate Transport of Air Pollution for the 2008 Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is disapproving the 
portion of a Louisiana State Implementation Plan (SIP) submittal 
pertaining to interstate transport of air pollution which will 
significantly contribute to nonattainment or interfere with maintenance 
of the 2008 ozone National Ambient Air Quality Standards (NAAQS) in 
other states. Disapproval will establish a 2-year deadline, under Clean 
Air Act (CAA) Section 110(c), for the EPA to promulgate a Federal 
Implementation Plan (FIP) for Louisiana to address the CAA interstate 
transport requirements pertaining to significant contribution to 
nonattainment and interference with maintenance of the 2008 ozone NAAQS 
in other states, unless the EPA approves a SIP that meets these 
requirements. Disapproval does not start a mandatory sanctions clock 
for Louisiana.

DATES: This rule is effective on September 12, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2013-0464. 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. Publicly available docket materials are available 
either electronically through http://www.regulations.gov or in hard 
copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst 214-665-6454, 
[email protected].

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

I. Background

    This rulemaking addresses an infrastructure SIP submittal from the 
State of Louisiana addressing, among other things, the requirements of 
CAA section 110(a)(2)(D)(i)(I), also known as the good neighbor 
provision, with respect to the 2008 ozone NAAQS. The background for 
this action is discussed in detail in our June 7, 2016 proposal (81 FR 
36496). In that action we proposed to disapprove the portion of the 
June 4, 2013 Louisiana SIP submittal pertaining to CAA 
110(a)(2)(D)(i)(I) which requires that the State prohibit the 
interstate transport of air pollution which will significantly 
contribute to nonattainment or interfere with maintenance of the 2008 
ozone NAAQS in other states.
    In proposing to disapprove the State's SIP submittal as to the good 
neighbor provision, we noted two specific deficiencies in the Louisiana 
submission. First, Louisiana cited the State's approved Clean Air 
Interstate Rule (CAIR) SIP as support for its conclusion that the State 
satisfied its section 110(a)(2)(D)(i)(I) obligation with respect to the 
2008 ozone NAAQS. However, as explained in our proposal, CAIR was 
invalidated by the D.C. Circuit in North Carolina v. EPA, 531 F.3d 896 
(2008). Even if Louisiana could rely on its CAIR SIP the modeling and 
rulemaking conducted for both CAIR, or its successor, the Cross-State 
Air Pollution Rule (CSAPR), 76 FR 48208 (August 8, 2011) addressed the 
1997 ozone NAAQS, not the more stringent 2008 ozone NAAQS at issue in 
this action. Because the Louisiana submittal addressed by this action 
concerns the State's interstate transport obligations for a different 
and more stringent standard (the 2008 ozone NAAQS), we stated it is not 
sufficient to merely cite to older EPA or state implemented programs as 
evidence of compliance with the current 2008 ozone NAAQS. Second, the 
State's submittal lacked any technical analysis evaluating or 
demonstrating whether emissions in Louisiana impacts air quality in 
another state. As such, we proposed that the submittal did not provide 
us with a basis to agree with the State's conclusion that the State 
already has adequate provisions in the SIP to address CAA section 
110(a)(2)(D)(i)(I) requirements for the 2008 ozone NAAQS. We did not 
receive any comments regarding our proposal.

II. Final Action

    EPA is disapproving a portion of a June 4, 2013 SIP submittal from 
Louisiana pertaining to interstate transport of air pollution which 
will significantly contribute to nonattainment or interfere with 
maintenance of the 2008 ozone NAAQS in other states. Disapproval will 
establish a 2-year deadline, under the CAA Section 110(c), for the EPA 
to promulgate a FIP for Louisiana to address the CAA interstate 
transport requirements pertaining to significant contribution to 
nonattainment and interference with maintenance of the 2008 ozone NAAQS 
in other states, unless the EPA approves a SIP that meets these 
requirements. Disapproval does not start a mandatory sanctions clock 
for Louisiana pursuant to CAA section 179 because this action does not 
pertain to a part D plan for nonattainment areas required under CAA 
section 110(a)(2)(I) or a SIP call pursuant to CAA section 110(k)(5).

III. Statutory and Executive Order Reviews

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'' 
because it is not categorized as ``significant'' under section 3(f) of 
Executive Order 12866 and therefore was 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 it does 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. This 
action merely disapprove a SIP submission as not meeting the CAA.

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

[[Page 53309]]

enforceable duty on any state, local or tribal governments or the 
private sector.

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 does not apply on any Indian 
reservation land, any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, or non-reservation areas of 
Indian country. 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 merely disapproves a SIP submission as 
not meeting the CAA.

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 merely disapproves a SIP submission 
as not meeting the CAA.
    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).
    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 October 11, 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, and Ozone.

    Dated: July 29, 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. Section 52.996 is revised to read as follows:


Sec.  52.996  Disapprovals.

    (a) The portion of the SIP submitted on June 4, 2013 addressing 
Clean Air Act section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS is 
disapproved.
    (b) [Reserved]

[FR Doc. 2016-19148 Filed 8-11-16; 8:45 am]
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