[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34106-34107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10064]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2019-0211; FRL-10008-61-Region 6]


Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving elements of two 
State Implementation Plan (SIP) submittals from Louisiana for the 2015 
ozone National Ambient Air Quality Standards (NAAQS). The submittals 
address how the existing SIP provides for the implementation, 
maintenance, and enforcement of the 2015 ozone NAAQS (infrastructure 
SIP or i-SIP). The i-SIP ensures that the Louisiana SIP is adequate to 
meet the state's responsibilities under the CAA for this NAAQS.

DATES: This rule is effective on July 6, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2019-0211. All documents in the docket are 
listed on the https://www.regulations.gov website. 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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, EPA Region 6 Office, 
Infrastructure & Ozone Section, 214-665-6454, [email protected]. 
Out of an abundance of caution for members of the public and our staff, 
the EPA Region 6 office will be closed to the public to reduce the risk 
of transmitting COVID-19. Please call or email the contact listed above 
if you need alternative access to material indexed but not provided in 
the docket.

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 
February 28, 2020, proposal (85 FR 11931). In that action we proposed 
to approve the State's February 7, 2019, SIP submittal, and portions of 
the State's November 8, 2019, SIP submittal pursuant to the 
requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through (C), 
and (H) through (M). We also proposed approving the Louisiana SIP for 
compliance with CAA sections 110(a)(2)(D)(i)(II), Interference with 
Prevention of Significant Deterioration and 110(a)(2)(D)(ii), 
Interstate Pollution Abatement (which refers to CAA section 126) and 
International Air Pollution (which refers to CAA section 115). We did 
not propose action on the remaining portions of the November 8, 2019, 
submittal addressing CAA section 110(a)(2)(D)(i)(I), and 
110(a)(2)(D)(i)(II) (visibility protection portion), which will be 
addressed in separate, subsequent actions. We did not receive any 
comments regarding our proposal.

II. Final Action

    The EPA is approving the February 7, 2019, SIP submittal, and 
portions of the November 8, 2019, SIP submittal for Louisiana pursuant 
to the requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through 
(C), 110(a)(2)(D)(i)(II) (the Prevention of Significant Deterioration 
portion), 110(a)(2)(D)(ii), 110(a)(2)(E) through (H) and 110(a)(2)(J) 
through (M). The submission addressed how Louisiana's existing SIP 
provides for implementation, maintenance, and

[[Page 34107]]

enforcement of the 2015 Ozone NAAQS. This action is being taken under 
section 110 of the Act.

III. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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 August 3, 2020. 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, Ozone.

    Dated: May 5, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, amend 40 CFR part 52 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, in paragraph (e), amend the table titled ``EPA 
Approved Louisiana Provisions and Quasi-Regulatory Measures by adding 
an entry for ``Infrastructure for the 2015 Ozone NAAQS'' at the end of 
the table to read as follows:


Sec.  52.970  Identification of Plan.

* * * * *
    (e) * * *

                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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                                     Applicable
                                   geographic or     State submittal/
     Name of SIP provision         nonattainment      effective date   EPA approval date         Comments
                                        area
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                                                  * * * * * * *
Infrastructure for the 2015      Statewide........  2/7/19, 11/8/19..  6/3/2020, [Insert  Approval for
 Ozone NAAQS.                                                           Federal Register   110(a)(2)(A), (B),
                                                                        citation].         (C), (D)(i)(I)
                                                                                           (portion pertaining
                                                                                           to PSD), D(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L) and (M).
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[FR Doc. 2020-10064 Filed 6-2-20; 8:45 am]
 BILLING CODE 6560-50-P