[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95477-95480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31332]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0513; FRL-9956-45-Region 6]


Approval and Promulgation of Implementation Plans; Louisiana; 
State Boards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the 
Environmental Protection Agency (EPA) is approving revisions to the 
Louisiana State Implementation Plan (SIP) that address requirements in 
CAA Section 128 regarding State Board composition and Conflict of 
Interest and Disclosure requirements.

DATES: This rule is effective on February 27, 2017 without further 
notice, unless the EPA receives relevant adverse comment by January 27, 
2017. If the EPA receives such comment, the 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 No. EPA-R06-OAR-
2014-0513, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Tracie Donaldson, 214-
665-6633, [email protected]. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214-665-6633, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Tracie Donaldson or Mr. Bill Deese at 214-
665-7253.

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

I. Background

A. CAA and Section 128: State Boards and Heads of Executive Agency, 
Conflicts of Interest

    Section 128 of the CAA requires SIPs to comply with the 
requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the 
CAA also references these requirements. Section 128(a) of the CAA 
requires SIPs to contain provisions that: (1) Any board or body which 
approves permits or enforcement orders under the CAA have at least a 
majority of its members represent the public interest and not derive 
any significant portion of their income from persons subject to permits 
or enforcement orders under the CAA; and (2) any potential conflict of 
interest by members of such board or body or the head of an executive 
agency with similar powers be adequately disclosed.
    The requirements of CAA section 128(a)(1) are not applicable to 
Louisiana because it does not have any board or body which approves air 
quality permits or enforcement orders. The requirements of CAA section 
128(a)(2), however, are applicable to Louisiana because LDEQ's cabinet 
level Secretary (i.e., the head of an executive agency) makes the 
referenced decisions. Under Louisiana Revised Statutes at Title 30; 
Subtitle 2. Environmental Quality; Chapter 2; Department of 
Environmental Quality, and Chapter 3; Louisiana Air Control Law, the 
Secretary of the Louisiana Department of Environmental Quality (LDEQ), 
has the power and duty to, among other things, grant or deny air 
quality related permits.

B. Louisiana's Submittal

    On April 30, 1997 Louisiana submitted a SIP revision that contains 
revisions to the Louisiana Revised Statutes for inclusion into the SIP. 
The revisions that are necessary for inclusion into the State's SIP 
address the requirements of CAA section 128 in

[[Page 95478]]

relation to State Boards/Head of Executive Agency and Conflicts of 
Interest/Disclosure. The specific Louisiana statutes governing the 
relevant CAA section 128 requirements are found in Title 42, Chapter 15 
Code of Governmental Ethics and Title 30 Minerals, Oil, Gas and 
Environmental Quality, Subtitle 2, Environmental Quality, as detailed 
below: The relevant provisions of those Titles in the Louisiana SIP to 
meet these CAA requirements are the following: Louisiana Revised 
Statutes at Title 30; Chapter 2 Sections 2014.1(A)-(D): Permit review; 
Prohibition; Title 42; Chapter 15: Code of Governmental Ethics; Part 1, 
General Provisions, Section 1102 Definitions, Section 1102(3) ``Agency 
Head;'' Section 1102(13) ``Immediate Family;'' Section 1102(22)(a) 
``Thing of Economic Value;'' Section 1102(19) ``Public Servant;'' 
Section 1102(23), ``Transaction involving governmental entity;'' 
Section 1112 ``Participation in Certain Transaction Involving the 
Governmental Entity;'' Sections 1114(A)(1)-(4) and (C) ``Financial 
disclosure.''

II. The EPA's Evaluation

    CAA section 128 requires that each state's SIP demonstrate how 
State Boards or the head of an executive agency who approves CAA 
permits or enforcement orders disclose any potential conflicts of 
interest. The LDEQ Secretary is subject to the requirements of the 
relevant conflict of interest and disclosure provisions as the head of 
an Executive Agency.
    LDEQ approves all CAA permits and enforcement orders in Louisiana. 
LDEQ is an executive agency that acts through its Secretary. LDEQ 
submits that public disclosure of any potential conflict in the SIP as 
required by CAA sections 128 and 110(a)(2)(E)(ii) pursuant to the 
requirements that if such person derives anything of economic value 
that such person should be aware, he/she must disclose specified 
elements under Title 42; Chapter 15: Code of Governmental Ethics; 
Section 1114(A)(1)-(4) and (C) ``Financial disclosure.'' In addition, 
if the Secretary of LDEQ receives or had received, during the previous 
two years, a significant portion of income directly or indirectly from 
a permit applicant, among other specified prohibitions, such individual 
must be recused from the permit approval process for that permit under 
Title 30; Chapter 2, Sections 2014.1(A)-(D): Permit review; 
Prohibition. The SIP revision through submittal of these relevant 
revised statutes demonstrates that Louisiana complies with the 
requirements of CAA sections 128 and 110(a)(2)(E)(ii).
    It is necessary to act on the above-cited provisions to meet the 
requirements of the CAA Section 128 which sets forth requirements for 
State Boards and Agency Head and Conflicts of Interest/Disclosure. We 
find that the cited provisions are approvable and meet the requirements 
of CAA Section 128. This submittal included other Louisiana Revised 
Statutes that are unnecessary for inclusion into the Louisiana SIP as 
they do not relate to the CAA 128 and the Conflict of Interest/
Disclosure provisions and thus not relevant for inclusion into the SIP.
    We are also approving a ministerial change to remove language from 
40 CFR part 52.2270(e) concerning Title 40: Chapter 12, EPA Approved 
Statutes in the Louisiana SIP. This will correct a citation that was 
included in the CFR when the format of part 52 was converted and was 
not previously approved into the SIP.

III. Final Action

    We are approving revisions to the Louisiana SIP that contain 
several provisions of the Louisiana Revised Statutes to update the 
federally approved Louisiana SIP. Those are the following: Louisiana 
Revised Statutes at Title 30; Chapter 2 Sections 2014.1(A)-(D): Permit 
review; Prohibition; Title 42; Chapter 15: Code of Governmental Ethics; 
Part 1, General Provisions, Section 1102 Definitions, Section 1102(3) 
``Agency Head;'' Section 1102(13) ``Immediate Family;'' Section 
1102(22)(a) ``Thing of Economic Value;'' Section 1102(19) ``Public 
Servant;'' Section 1102(23), ``Transaction involving governmental 
entity;'' Section 1112 ``Participation in Certain Transaction Involving 
the Governmental Entity;'' Sections 1114(A)(1)-(4) and (C) ``Financial 
disclosure.'' We are also approving a ministerial change to remove 
language from 40 CFR part 52.2270(e).
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no 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 February 27, 2017 
without further notice unless we receive relevant adverse comment by 
January 27, 2017. 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 
relevant 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.

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 approve state choices, 
provided that they meet the criteria of the CAA. 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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human

[[Page 95479]]

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. The 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 February 27, 2017. 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).)
    Samuel Coleman was designated the Acting Regional Administrator on 
December 21, 2016 through the order of succession outlined in Regional 
Order R6-1110.1, a copy of which is included in the docket for this 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Government employees.

    Dated: December 21, 2016.
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(e), the table titled ``EPA Approved Statutes in the 
Louisiana SIP'' is amended by removing the centered heading and the 
entries for ``LA of R.S. of 1950. Title 40, Chapter 12. The Louisiana 
Air Control Law, Part 1, Louisiana Air Control Commission'' and adding 
centered headings and entries for ``Louisiana Revised Statutes (La. 
R.S. of 1993) Title 30'' and ``Louisiana Revised Statutes (La. R.S. of 
1972) Title 42'' at the end of the table.
    The amendments read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

                                   EPA Approved Statutes in the Louisiana SIP
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                                                               State
                                                             approval/
         State citation               Title/subject          effective    EPA approval date        Comments
                                                               date
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Louisiana Revised Statutes (La. R.S. of 1993). Title 30, Minerals, oil, gas and environmental quality, Subtitle
       II. Environmental Quality, Chapter 2. Department of Environment Quality; Permit Review; Prohibition
----------------------------------------------------------------------------------------------------------------
Title 30: Subtitle II, Permit    Permit review;               06/10/1993  12/28/2016,
 Review, Ch. 2, Permit Review;    Prohibition.                             [Insert Federal
 Prohibition, Section 2014.1(A)                                            Register
 and (B).                                                                  citation].
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   Louisiana Revised Statutes (La. R.S. of 1972). Title 42, Public Officers and Employees, Chapter 15 Code of
         Governmental Ethics Part 1, General Provisions and Part 2 Ethical Standards for Public Servants
----------------------------------------------------------------------------------------------------------------
Title 42 Part 1, General         Definitions............      04/01/1980  12/28/2016,
 Provisions.                                                               [Insert Federal
                                                                           Register
                                                                           citation].
1102(3)........................  Agency Head............      04/01/1980  12/28/2016,
                                                                           [Insert Federal
                                                                           Register
                                                                           citation].
1102(13).......................  Immediate Family.......      04/01/1980  12/28/2016,
                                                                           [Insert Federal
                                                                           Register
                                                                           citation].
1102(19).......................  Public Servant.........      04/01/1980  12/28/2016,
                                                                           [Insert Federal
                                                                           Register
                                                                           citation].
1102(22)(a)....................  Thing of Economic Value      04/01/1980  12/28/2016,
                                                                           [Insert Federal
                                                                           Register
                                                                           citation].
1102(23).......................  Transaction Involving        04/01/1980  12/28/2016,
                                  Government Entity.                       [Insert Federal
                                                                           Register
                                                                           citation].
Section 1112...................  Participation in             04/01/1980  12/28/2016,
                                  Certain Transactions                     [Insert Federal
                                  Involving the                            Register
                                  Governmental Entity.                     citation].
Title 42 Part 2, Ethical         Financial disclosure...      04/01/1980  12/28/2016,
 Standards for Public Servants.                                            [Insert Federal
                                                                           Register
                                                                           citation].

[[Page 95480]]

 
Section 1114(A)(1-4)...........  Financial Disclosures..      04/01/1980  12/28/2016,
                                                                           [Insert Federal
                                                                           Register
                                                                           citation].
Section 1114(C)................  Financial Disclosures..      04/01/1980  12/28/2016,
                                                                           [Insert Federal
                                                                           Register
                                                                           citation].
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[FR Doc. 2016-31332 Filed 12-27-16; 8:45 am]
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