[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Proposed Rules]
[Pages 68481-68484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28277]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0434; FRL-9936-61-Region 6]
Approval and Promulgation of State Implementation Plans,
Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) for Louisiana.
These rule revisions are the 2007 General Revisions, and 2008-2010
[[Page 68482]]
Miscellaneous Rule Revisions to the SIP that were submitted by the
State of Louisiana. The overall intended outcome is to make the
approved Louisiana SIP consistent with current Federal and State
requirements. This action is in accordance with the federal Clean Air
Act (the Act).
DATES: Comments must be received on or before December 7, 2015.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0434, by one of the following methods:
www.regulations.gov. Follow the on-line instructions for
submitting comments.
Email: Alan Shar at [email protected].
Mail or delivery: Air Planning Section Chief (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0434. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit
electronically any information through www.regulations.gov or email
that you consider to be CBI or other information whose disclosure is
restricted by statute. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption, and be free
of any defects or viruses. Multimedia submissions (audio, video, etc.)
must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e. on
the web, cloud, or other file sharing system). For additional
information on submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD-L), telephone (214)
665-6691, email [email protected]. To inspect the hard copy materials,
please contact Alan Shar.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Background
On July 5, 2011 (76 FR 38977) EPA finalized approval of general
rule revisions to the Louisiana SIP which covered the years of 1996-
2006.
We are now proposing to approve two revisions to the Louisiana SIP
submitted to EPA by the Louisiana Department of Environmental Quality
(LDEQ). The first submittal is the 2007 general revisions submitted to
EPA with a letter dated August 14, 2009. The second submittal is the
2008-2010 miscellaneous rules revisions submitted to EPA with a letter
dated August 29, 2013.
Evaluation
The 2008-2010 miscellaneous rules revisions apply to Louisiana
Administrative Code (LAC) 33: III, Chapters 7 and 13. The 2007 general
revisions apply to LAC 33: III, Chapters 1, 2, 5, 6, 9, 11, 13, 15, 21,
22, 23, and 25. The Louisiana rule revisions submittals, their
corresponding Chapters, and our actions are shown in Table 1 below.
Table 1--Submittals, Their Corresponding Chapters, and Actions
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Revisions to LAC 33:III
Submittals Calendar year Chapters acting upon Chapters not acting upon
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Miscellaneous rules................... 2008-2010 7, 13................... ..............................
General revisions..................... 2007 1, 9, 11, 13, 14, 21, 2, 5, 6, and 15.
22, 23, and 25.
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Certain provisions of the 2007 general revisions are not being
acted upon here because they were withdrawn or we plan to act on them
separately in the future. In a letter dated October 2, 2015 LDEQ
withdrew its revisions to Chapter 15 from our review. The October 2,
2015 withdrawal letter is available in this docket. The EPA plans to
act on SIP revisions to Chapters 2, 5, and 6 separately in the future.
There is no increase in the amount of emissions or number of
sources affected as a result of ministerial or administrative rules
revisions throughout this notice; therefore, section 110(l) of the Act
has been complied with.
In 2006, EPA revised the National Ambient Air Quality Standards
(NAAQS) for particulate matter. The LDEQ adopted revisions to NAAQS for
particulate matter in LAC 33:III, Chapter 7. This revision will update
the Louisiana air quality regulations to include the revised NAAQS for
particulate matter. The revision is consistent with the NAAQS for
PM2.5 and PM10 standards of 40 CFR 50. See 71 FR
61144 (October 17, 2006), and http://www3.epa.gov/ttn/naaqs/criteria.html (URL dated October 5, 2015). We propose their approval
into the SIP.
Currently, the LAC 33:III Chapter 13 Abrasive Blasting is not in
the EPA-approved SIP. The 2007 general revisions submittal establishes
the standards of performance for abrasive blasting operations and
includes provisions concerning requirement to control emissions through
either enclosure or establishment of best management practices,
maintenance of control equipment, recordkeeping requirements, and
prohibited materials and methods that cannot be used in abrasive
blasting activities requirements. The LDEQ later in its
[[Page 68483]]
2008-2010 miscellaneous rules submittal revised this rule by
incorporating an updated version of the American Society for Testing
and Materials (ASTM) Test Method in Sec. 1327 for taking samples when
determining the weight percent of fines in abrasive materials.
Incorporating a specific ASTM Test Method in Sec. 1327 will provide
for consistency in the rule and facilitate compliance determinations.
Revisions to LAC 33:III Chapter 13 will result in enhancing the SIP,
and reducing particulate matter emissions from abrasive blasting
operations. We propose their approval into the SIP.
Revisions to LAC 33:III Chapter 1 General Provisions concern Sec.
111 Definitions. The revisions defines the term SPOC or the Single
Point of Contact. The revision is ministerial or administrative in
nature. We propose its approval into the SIP.
Revisions to LAC 33:III Chapter 9 General Regulations on Control of
Emissions and Emission Standards concern Sec. 918 Recordkeeping and
Annual Reporting and Sec. 919 Emission Inventory which require data
for emission reports be collected annually, include air pollutants that
a NAAQS has been issued for, and the owner or operator submit reports
to the Office Environmental Assessment. The revisions are ministerial
or administrative in nature. We propose their approval into the SIP.
Revisions to LAC 33:III Chapter 11 Control of Emissions of Smoke
concern reporting of opacity exceedances and exemptions. The revisions
now require that reports be submitted to the SPOC instead of the Office
of Environmental Compliance, Emergency and Radiological Services
Division. The revisions are ministerial or administrative in nature. We
propose their approval into the SIP.
Revisions to LAC 33:III Chapter 14 Conformity concern Sec. 1410
Criteria for Determining Conformity of General Federal Actions and
Sec. 1434 Consultation that designate the secretary of Department of
Environmental Quality or a designee and assistant secretary of the
Office of Planning and Programming or a designee participate in the
conformity consultation process. The revisions are ministerial or
administrative in nature. We propose their approval into the SIP.
Revisions to LAC 33:III Chapter 21 Control of Emission of Organic
Compounds concern Sec. Sec. 2103, 2108, 2113, 2116, 2122, 2123, 2132,
2153, and 2159. See Part B of the TSD for more information. The
revisions throughout this Chapter are ministerial and administrative in
nature. We propose their approval into the SIP.
Revision to LAC 33:III Chapter 22 Control of Emissions of Nitrogen
Oxides concerns Sec. 2201 removing the term ``Air Permits Division.''
This revision is ministerial or administrative in nature. We propose
its approval into the SIP.
Revisions to LAC 33:III Chapter 23 Control of Emissions for
Specific Industries concern Sec. Sec. 2301 and 2303 deleting the terms
``Air Quality Assessment Division;'' and Sec. 2307 deleting ``the
Office of Environmental Compliance, Emergency and Radiological Services
Division'' when submitting the required reports and plans. The revision
are ministerial or administrative in nature. We propose their approval
into the SIP.
Revisions to LAC 33:III Chapter 25, Subchapter B--Biomedical Waste
Incineration Rules concern Sec. 2511 Standards of Performance for
Biomedical Waste; Subchapter C-Refuse Incinerators Sec. 2521 Refuse
Incinerators; and Subchapter D-Crematories Sec. 2531 Standards of
Performance for Crematories. On July 5, 2011 (76 FR 38977) EPA approved
the existing provisions of LAC 33:III Chapter 25 into the SIP. The
revisions reflect the updated names of offices or departmental
organizations that reports or test results should be submitted to for
review and approval. The revisions are ministerial or administrative in
nature. We propose their approval into the SIP.
Certain provisions of the Louisiana SIP are affected by EPA's June
12, 2015 National SIP Call (80 FR 33967). Those provisions are
identified as Sec. Sec. 1107(A), 1507(A)(1), 1507(B)(1),
2153(B)(1)(i), 2201(C)(8), 2307(C)(1), and 2307(C)(2). Finally, our
proposed approval of amendments to LAC 33:III, Chapters 11, 21, 22, and
23 should not, in any way, be construed as explicitly or implicitly
voiding or minimizing any concerns or inadequacies identified in EPA's
National SIP Call of June 12, 2015 (80 FR 33967) with respect to the
above referenced provisions. We continue to expect that issues raised
within the context of the EPA's National SIP Call to be addressed in a
timely fashion. See section 110(k)(5) of the Act.
Proposed Action
We are proposing to approve rule revisions to LAC 33:III, Chapter
1, Sec. 111; Chapter 7, Sec. Sec. 701, 703, and 711; Chapter 9,
Sec. Sec. 918, and 919; Chapter 13, Sec. Sec. 1323, 1325, 1327, 1329,
1331, and 1333; Chapter 14, Sec. Sec. 1410, and 1434; Chapter 21,
Sec. Sec. 2103, 2108, 2113, 2116, 2121, 2122, 2123, 2132, 2153, and
2159; Chapter 22, Sec. 2201; Chapter 23, Sec. Sec. 2301, 2302, and
2307; and Chapter 25, Sec. Sec. 2511, 2521, and 2531.
We are proposing to approve these revisions in accordance with
sections 110, and 129 of the Act.
Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Louisiana regulations as described in the
Proposed 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.
Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. If a portion of the plan revision meets
all the applicable requirements of this chapter and Federal
regulations, the Administrator may approve the plan revision in part.
42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve state choices that meet the criteria of the
Act, and to disapprove state choices that do not meet the criteria of
the Act. Accordingly, this proposed action approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 (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);
[[Page 68484]]
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 Clean Air Act;
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); and
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 proposed
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 27, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2015-28277 Filed 11-4-15; 8:45 am]
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