[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53308-53309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19148]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0464; FRL-9950-49-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Interstate Transport of Air Pollution for the 2008 Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is disapproving the
portion of a Louisiana State Implementation Plan (SIP) submittal
pertaining to interstate transport of air pollution which will
significantly contribute to nonattainment or interfere with maintenance
of the 2008 ozone National Ambient Air Quality Standards (NAAQS) in
other states. Disapproval will establish a 2-year deadline, under Clean
Air Act (CAA) Section 110(c), for the EPA to promulgate a Federal
Implementation Plan (FIP) for Louisiana to address the CAA interstate
transport requirements pertaining to significant contribution to
nonattainment and interference with maintenance of the 2008 ozone NAAQS
in other states, unless the EPA approves a SIP that meets these
requirements. Disapproval does not start a mandatory sanctions clock
for Louisiana.
DATES: This rule is effective on September 12, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2013-0464. 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. Publicly available docket materials are available
either electronically through http://www.regulations.gov or in hard
copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733.
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst 214-665-6454,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means the EPA.
I. Background
This rulemaking addresses an infrastructure SIP submittal from the
State of Louisiana addressing, among other things, the requirements of
CAA section 110(a)(2)(D)(i)(I), also known as the good neighbor
provision, with respect to the 2008 ozone NAAQS. The background for
this action is discussed in detail in our June 7, 2016 proposal (81 FR
36496). In that action we proposed to disapprove the portion of the
June 4, 2013 Louisiana SIP submittal pertaining to CAA
110(a)(2)(D)(i)(I) which requires that the State prohibit the
interstate transport of air pollution which will significantly
contribute to nonattainment or interfere with maintenance of the 2008
ozone NAAQS in other states.
In proposing to disapprove the State's SIP submittal as to the good
neighbor provision, we noted two specific deficiencies in the Louisiana
submission. First, Louisiana cited the State's approved Clean Air
Interstate Rule (CAIR) SIP as support for its conclusion that the State
satisfied its section 110(a)(2)(D)(i)(I) obligation with respect to the
2008 ozone NAAQS. However, as explained in our proposal, CAIR was
invalidated by the D.C. Circuit in North Carolina v. EPA, 531 F.3d 896
(2008). Even if Louisiana could rely on its CAIR SIP the modeling and
rulemaking conducted for both CAIR, or its successor, the Cross-State
Air Pollution Rule (CSAPR), 76 FR 48208 (August 8, 2011) addressed the
1997 ozone NAAQS, not the more stringent 2008 ozone NAAQS at issue in
this action. Because the Louisiana submittal addressed by this action
concerns the State's interstate transport obligations for a different
and more stringent standard (the 2008 ozone NAAQS), we stated it is not
sufficient to merely cite to older EPA or state implemented programs as
evidence of compliance with the current 2008 ozone NAAQS. Second, the
State's submittal lacked any technical analysis evaluating or
demonstrating whether emissions in Louisiana impacts air quality in
another state. As such, we proposed that the submittal did not provide
us with a basis to agree with the State's conclusion that the State
already has adequate provisions in the SIP to address CAA section
110(a)(2)(D)(i)(I) requirements for the 2008 ozone NAAQS. We did not
receive any comments regarding our proposal.
II. Final Action
EPA is disapproving a portion of a June 4, 2013 SIP submittal from
Louisiana pertaining to interstate transport of air pollution which
will significantly contribute to nonattainment or interfere with
maintenance of the 2008 ozone NAAQS in other states. Disapproval will
establish a 2-year deadline, under the CAA Section 110(c), for the EPA
to promulgate a FIP for Louisiana to address the CAA interstate
transport requirements pertaining to significant contribution to
nonattainment and interference with maintenance of the 2008 ozone NAAQS
in other states, unless the EPA approves a SIP that meets these
requirements. Disapproval does not start a mandatory sanctions clock
for Louisiana pursuant to CAA section 179 because this action does not
pertain to a part D plan for nonattainment areas required under CAA
section 110(a)(2)(I) or a SIP call pursuant to CAA section 110(k)(5).
III. Statutory and Executive Order Reviews
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''
because it is not categorized as ``significant'' under section 3(f) of
Executive Order 12866 and therefore was 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 it does 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. This
action merely disapprove a SIP submission as not meeting the CAA.
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
[[Page 53309]]
enforceable duty on any state, local or tribal governments or the
private sector.
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: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action does not apply on any Indian
reservation land, any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, or non-reservation areas of
Indian country. Thus, Executive Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The 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 merely disapproves a SIP submission as
not meeting the CAA.
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 merely disapproves a SIP submission
as not meeting the CAA.
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).
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 October 11, 2016. 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, and Ozone.
Dated: July 29, 2016.
Ron Curry,
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. Section 52.996 is revised to read as follows:
Sec. 52.996 Disapprovals.
(a) The portion of the SIP submitted on June 4, 2013 addressing
Clean Air Act section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS is
disapproved.
(b) [Reserved]
[FR Doc. 2016-19148 Filed 8-11-16; 8:45 am]
BILLING CODE 6560-50-P