[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24862-24864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10955]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0206; FRL-9958-84-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: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving severable portions 
of three revisions to the Louisiana New Source Review (NSR) State 
Implementation Plan (SIP) submitted by the Louisiana Department of 
Environmental Quality (LDEQ). Specifically, we are finalizing approval 
of provisions contained within the Chapter 5 air construction permit 
rules as initially submitted on November 15, 1993, November 10, 1994, 
and November 9, 2007. We are withdrawing our proposed disapproval of 
LAC 33:III.501.B.1.d, LAC 33:III.513.A.1, and LAC 33:III.531.A.1. 
because the LDEQ withdrew these sections from our consideration on 
April 19, 2017.

DATES: This rule is effective on June 30, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0206. 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 hardcopy 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 whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our 
November 22, 2016, proposal (81 FR 83771). In that document, we 
proposed to partially approve and partially disapprove severable 
portions of four revisions to the Louisiana New Source Review (NSR) 
State Implementation Plan (SIP) submitted by the Louisiana Department 
of Environmental Quality (LDEQ). We are finalizing our proposed action 
to a full approval of severable portions of three revisions as listed 
in Section II below to the Louisiana NSR SIP submitted by LDEQ. We are 
withdrawing our proposed disapproval of LAC 33:III.501.B.1.d, LAC 
33:III.513.A.1, and LAC 33:III.531.A.1. because the LDEQ withdrew these 
sections from our consideration by letter dated April 19, 2017.
    No comments were received from LDEQ or the public on the proposal 
during the public notice and comment period.

II. Final Action

    The EPA is approving the revisions to the Louisiana SIP that were 
proposed for approval in our November 22, 2016, proposal (81 FR 83771) 
as discussed below. This final action includes SIP submittals from the 
State of Louisiana submitted on November 15, 1993, November 10, 1994, 
and November 9, 2007.
    The approved revisions provide in general: (1) Rule clarification; 
(2) rule consistency with Federal rules; (3) establishment of permit 
modification procedures; (4) establishment of reopening procedures: and 
(5) establishment of notification procedures for the notification of 
other states of Louisiana PSD permit actions. Specifically, we are 
approving revisions to the Louisiana SIP pertaining to the following 
sections:
     LAC 33:III.525 as submitted on November 15, 1993.
     LAC 33:III.527 as submitted on November 15, 1993, and 
November 10, 1994.
     LAC 33:III.529 as submitted on November 15, 1993.
     LAC 33:III.531 as submitted on November 15, 1993, and 
November 9, 2007.
     The EPA is withdrawing our proposed disapproval of LAC 
33:III.501.B.1.d, LAC 33:III513.A.1, and LAC 33:III531.A.1. The LDEQ 
withdrew these sections from our consideration by letter dated April 
19, 2017; as such, they are no longer in front of us for action.
    We are taking this final action under section 110 and parts C and D 
of the Act.

[[Page 24863]]

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 to incorporate by reference 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 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 act on state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law.

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 and was 
therefore 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 the portion of the rules that are final for 
approval do 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. The 
approved portion of this action will not impose any requirements on 
small entities. This action approves regulatory citations that 
incorporate notification requirements to government entities consistent 
with federal law, significant and minor permit modification criteria, 
and permit reopening criteria.

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 approves 
specific citations that incorporate notification requirements to 
government entities consistent with federal law, significant and minor 
permit modification criteria, and permit reopening criteria. It 
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, Coordination With Indian Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action approves specific citations that 
incorporate notification requirements to government entities consistent 
with federal law, significant and minor permit modification criteria, 
and permit reopening criteria. 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

    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 approves specific citations that 
incorporate notification requirements to government entities consistent 
with federal law, significant and minor permit modification criteria, 
and permit reopening criteria.

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 is not subject to Executive Order 
12898 because it approves specific citations that incorporate 
notification requirements to government entities consistent with 
federal law, significant and minor permit modification criteria, and 
permit reopening criteria.

K. Congressional Review Act (CRA)

    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).

L. Judicial Review

    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 July 31, 2017. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.


[[Page 24864]]


    Dated: April 27, 2017.
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(c), the table titled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP'' is amended by adding entries in 
numerical order for Sections 525, 527, 529, and 531 to read as follows:


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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 525.....................  Minor Modifications   11/20/1993  5/31/2017, [Insert   The SIP does not
                                                                     Federal Register     include LAC
                                                                     citation].           33:III.525.A.2.,
                                                                                          B.2.c, B.3., B.4,
                                                                                          B.5.a.-d., B.6., B.7.,
                                                                                          and B.8.
Section 527.....................  Significant           11/20/1994  5/31/2017, [Insert   The SIP does not
                                   Modifications.                    Federal Register     include LAC 33:III.
                                                                     citation].           527.B.5.
Section 529.....................  Reopenings for        11/20/1993  5/31/2017, [Insert   The SIP does not
                                   Cause.                            Federal Register     include LAC
                                                                     citation].           33:III.529.B., B.1.,
                                                                                          B.2., B.3., and B.4.
Section 531.....................  Public Notice and     10/20/2006  5/31/2017, [Insert   The SIP does not
                                   Affected State                    Federal Register     include LAC
                                   Notice.                           citation].           33:III.531.A.1., A.2.,
                                                                                          A.3., A.4., B.1.a.,
                                                                                          B.1.b., and B.1.c.
 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-10955 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P