[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24715-24716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09625]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0604; FRL-10023-14-Region 6]
Air Plan Approval; Louisiana; Infrastructure State Implementation
Plan Requirements for the 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 the State
Implementation Plan (SIP) submittal from Louisiana submitted on
November 4, 2020 for the 2015 ozone, as well as the 2006
PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur
dioxide and the 2012 PM2.5 National Ambient Air Quality
Standards. This submittal addresses how the existing SIP contains
adequate provisions prohibiting emissions which interfere with required
measures in any other State to protect visibility with respect to the
2015 ozone NAAQS as well as the 2006 PM2.5, 2008 ozone, 2010
nitrogen dioxide, 2010 sulfur dioxide and the 2012 PM2.5
NAAQS.
DATES: This rule is effective on June 9, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2020-0604. 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: Jennifer Huser, EPA Region 6 Office,
Air and Radiation Division--State Planning and Implementation Branch,
214-665-7347, [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 22, 2021 proposal (86 FR 10509). In that document we proposed
to approve the State Implementation Plan (SIP) submittal from Louisiana
submitted on November 4, 2020 for the 2015 ozone (O3), 2006
PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur
dioxide and the 2012 PM2.5 National Ambient Air Quality
Standards (NAAQS). This submittal addresses Prong 4 of the CAA (also
referred to as visibility transport) that requires states to
demonstrate that their SIP contains adequate measures that prohibit
emissions from any source within a state from interfering with the
visibility protection measures of other states. The submittal addresses
how the existing SIP contains adequate provisions to meet the
requirements with respect to the 2015 ozone NAAQS as well as the 2006
PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur
dioxide and the 2012 PM2.5 NAAQS, as Louisiana now has a
fully approved Regional Haze SIP. We did not receive any comments
regarding our proposal.
II. Final Action
We are approving the SIP revision submitted on November 4, 2020
which addresses the Prong 4 requirements for the following NAAQS: 2015
Ozone, 2006 PM2.5, 2008 Ozone, 2010 Nitrogen dioxide, 2010
Sulfur Dioxide, and the 2012 PM2.5. 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:
[[Page 24716]]
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 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 July 9, 2021. 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Visibility transport.
Dated: April 30, 2021.
David Gray,
Acting Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 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. Amend Sec. 52.970(e) by adding the entry ``Visibility Transport SIP
for the 2015 ozone, 2012 PM2.5, 2010 NO2, 2010
SO2, 2008 ozone and 2006 PM2.5 NAAQS'' at the end
of the second table titled ``EPA Approved Louisiana Nonregulatory
Provisions and Quasi-Regulatory Measures'' to read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(e) * * *
EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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State submittal
Name of SIP provision Applicable geographic date/ effective EPA approval Explanation
or nonattainment area date date
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* * * * * * *
Visibility Transport SIP for Statewide............. 11/4/2020 5/10/2021, Adequate provisions
the 2015 ozone, 2012 PM2.5, [Insert Federal prohibiting
2010 NO2, 2010 SO2, 2008 Register emissions which
ozone and 2006 PM2.5 NAAQS. citation]. interfere with
visibility
protection measures
in any other State
with respect to the
2015 ozone, 2012
PM2.5, 2010 NO2,
2010 SO2, 2008 ozone
and 2006 PM2.5
NAAQS.
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Sec. 52.996 [Amended]
0
3. Remove and reserve Sec. 52.996(b).
[FR Doc. 2021-09625 Filed 5-7-21; 8:45 am]
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