[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, fuerst.sherry@epa.gov.
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]
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