[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21142-21144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08484]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0500; FRL-9909-57-Region-6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Interstate Transport of Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion of a State Implementation Plan (SIP) submittal, and technical 
supplement from the State of Louisiana to address Clean Air Act (CAA) 
requirements in section 110(a)(2)(D)(i)(I) that prohibit air emissions 
which will contribute significantly to nonattainment or interfere with 
maintenance in any other state for the 2006 fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS). EPA 
has determined that the existing SIP for Louisiana contains adequate 
provisions to prohibit air pollutant emissions from significantly 
contributing to nonattainment or interfering with maintenance of the 
2006 24-hour PM2.5 NAAQS (2006 PM2.5 NAAQS) in 
any other state as required by section 110(a)(2)(D)(i)(I) of the CAA.

DATES: This final rule is effective on May 15, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2011-0500. 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 hard copy at 
the Air Planning Section (6PD-L),

[[Page 21143]]

Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733. Contact the person listed in the FOR FURTHER 
INFORMATION CONTACT paragraph below to make an appointment.

FOR FURTHER INFORMATION CONTACT: Carl Young, (214) 665-6645, 
young.carl@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
January 28, 2014 proposal (79 FR 4436). In that notice, we proposed to 
approve a portion of a Louisiana SIP submittal that the state submitted 
on May 16, 2011, and the technical supplement submitted on May 21, 
2013, that determined the existing SIP for Louisiana contains adequate 
provisions to prohibit air emissions from contributing significantly to 
nonattainment or interfering with maintenance of the 2006 
PM2.5 NAAQS in any other state as required by CAA section 
110(a)(2)(D)(i)(I). We did not receive any comments regarding our 
proposal.

II. Final Action

    We are approving a portion of a SIP submittal for the State of 
Louisiana submitted on May 16, 2011, and the technical supplement 
submitted on May 21, 2013, to address interstate transport for the 2006 
PM2.5 NAAQS. Based on our evaluation, we approve the portion 
of the SIP submittal and technical supplement determining the existing 
SIP for Louisiana contains adequate provisions to prohibit air 
emissions from contributing significantly to nonattainment or 
interfering with maintenance of the 2006 PM2.5 NAAQS in any 
other state as required by CAA section 110(a)(2)(D)(i)(I). This action 
is being taken under section 110 of the CAA.

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 CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 (Public Law 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 16, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposed 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, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 1, 2014.
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 second table entitled ``EPA Approved 
Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures'' is 
amended by adding an entry at the end for ``Interstate transport for 
the 2006 PM2.5 NAAQS (contribute to nonattainment or 
interfere with maintenance)''. The addition reads as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *
* * * * *

[[Page 21144]]



                  EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                                            State
                                        Applicable        submittal/
      Name of SIP provision            geographic or      effective     EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Interstate transport for the 2006  Statewide...........    5/16/2011  4/15/2014 [Insert FR  SIP submission dated
 PM2.5 NAAQS (contribute to                                5/21/2013   page number where     5/16/2011,
 nonattainment or interfere with                                       document begins].     technical
 maintenance).                                                                               supplement dated 5/
                                                                                             21/2013.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-08484 Filed 4-14-14; 8:45 am]
BILLING CODE 6560-50-P