Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 4889 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/Permit No. State effective 

date EPA Approval date Explanation 

*******

(30) Americold Logistics, LLC 24-Hour Particulate 

Matter (PM10) National Ambient Air Quality 

(NAAQS) Consent Judgment.

Consent Judgment 14AP– 

CC00036.

4/27/14 1/28/16, [insert Federal 

Register citation].

........................

[FR Doc. 2016–01660 Filed 1–27–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0545; FRL–9941–72– 

Region 9] 

Disapproval of California Air Plan 

Revisions, South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing disapproval 

of revisions to the South Coast Air 

Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on November 24, 2015 and 

concerns rules regulating Vehicle 

Scrapping, Employee Trip Reduction, 

and procedures for the hearing board 

concerning variances and subpoenas. 

The submitted SCAQMD rules are 

discretionary and this disapproval does 

not reveal a deficiency in the SIP. 

DATES: Effective Date: This rule is 

effective on February 29, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0545 for this action. Generally, 

documents in the docket for this action 

are available electronically at 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94015–3901. 

While all documents in the docket are 

listed at www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Idalia Pe ́rez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On November 24, 2015 (80 FR 73156), 

the EPA proposed to disapprove the 

following rules that were submitted for 

incorporation into the California SIP. 

Local agency Rule # Rule title Adopted or 

amended Submitted 

SCAQMD .................................... 1610 Old-Vehicle Scrapping .................................................................... 05/09/97 .. 06/03/97 

SCAQMD .................................... 2202 On-Road Motor Vehicle Mitigation Options .................................... 10/09/98 .. 06/03/99 

SCAQMD .................................... 503.1 Ex Parte Petitions for Variances .................................................... 02/05/88 .. 02/07/89 

SCAQMD .................................... 504 Rules from which Variances Are Not Allowed ............................... 01/05/90 .. 05/13/91 

SCAQMD .................................... 511.1 Subpoenas ...................................................................................... 02/05/88 ... 02/07/89 

We proposed to disapprove these 

rules because some rule provisions do 

not satisfy the requirements of section 

110 and part D of the Act. 

We proposed to disapprove the SIP 

revision for Rule 1610 based at least in 

part on the following deficiencies: 

1. The Section (e)(2) requirement that 

engines of scrapped vehicles be 

destroyed is insufficiently federally 

enforceable for various reasons. 

2. The Section (f)(2)(A) requirement 

that the vehicle be registered for two 

years within SCAQMD is not fully 

enforceable by allowing the Executive 

Officer to approve different 

documentation. 

3. The Section (g) requirement of a 

visual and functional inspection of the 

vehicle has no recordkeeping 

requirements. 

4. There is no recordkeeping 

requirement to demonstrate compliance 

with the Section (g)(1) requirement that 

vehicles be driven under their own 

power to the scrapping site. 5. There is no requirement to 

maintain records for the life of Mobile 

Source Emission Reduction Credits. 

We proposed to disapprove the SIP 

revision for Rule 2202 based at least in 

part on the following deficiencies: 1. Per Section (f)(1), the rule relies on 

Regulation XVI, which is not currently 

in the SIP. 

2. Per Section (f)(3), the rule relies on 

the Air Quality Investment Program 

(Rule 2501), which is not currently in 

the SIP. 

3. Per Section (f)(4), the rule relies on 

emission reduction strategies approved 

on a case-by-case basis by the Executive 

Officer. 

4. Per Section (g)(4), the rule relies on 

vehicle miles travelled reduction 

programs approved on a case-by-case 

basis by the Executive Officer. 

We proposed to disapprove the SIP 

revision for Rules 503.1 and 504 

because they conflict with CAA sections 

110(a) and (i) and fail to address that a 

state- or district-issued variance has no 

effect on enforcing the underlying 

federal requirement unless the variance 

is submitted to and approved by EPA as 

a SIP revision. 

We proposed to disapprove the SIP 

revision for Rule 511.1 to avoid 

potential conflict with EPA’s 

independent authorities provided in 

CAA section 113, section 114 and 

elsewhere. 

Our proposed action contains more 

information on the basis for this 

rulemaking and on our evaluation of the 

submittal. 


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4890 Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is 

finalizing a full disapproval of the 

submitted rules. This final disapproval 

does not trigger sanctions or a 

requirement for the EPA to issue a 

federal implementation plan (FIP). 

Sanctions will not be imposed under 

CAA 179(b) because the submittal of 

Rules 1610, 2202, 503.1, 504 and 511.1 

is discretionary (i.e., these rules are not 

required to be included in the SIP), and 

the EPA will not promulgate a FIP in 

this instance under CAA 110(c)(1) 

because the disapproval does not reveal 

a deficiency in the SIP for the area that 

such a FIP must correct. Specifically: (1) 

Rule 1610 is voluntary and only serves 

to provide for an alternative method of 

compliance for stationary and other 

emission sources subject to other 

District regulations that allow the use of 

credits as a compliance option; and (2) 

Rule 2202 is not a required CAA 

submittal because the CAA gives state 

and local agencies discretion, but does 

not require, employers ‘‘to implement 

programs to reduce work-related vehicle 

trips and miles travelled by employees’’ 

(see CAA section 182(d)(1)(B)). 

Additionally, at this time, we have not 

credited emission reductions from Rules 

1610 or 2202 in an approved SIP and we 

are not aware of a SCAQMD plan 

submitted to EPA that relies on 

emission reductions from these rules to 

fulfill a CAA requirement. Accordingly, 

the failure of the SCAQMD to adopt 

revisions to Rules 1610 and 2202 would 

not adversely affect the SIP’s 

compliance with the CAA’s 

requirements, such as the requirements 

for section 182 ozone RACT, reasonable 

further progress, and attainment 

demonstrations. Rules 503.1, 504 and 

511.1 regulate hearing board procedures 

and do not control emission sources or 

otherwise generate emission reductions 

nor are they required elements of the 

SIP. Thus, EPA does not need to impose 

sanctions or promulgate a FIP upon 

their disapproval. Note that the 

submitted rules have been adopted by 

the SCAQMD, and a final disapproval 

by the EPA would not prevent the local 

agency from enforcing them or the 

revised versions of these rules 

subsequently adopted by SCAQMD as a 

matter of State law. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA, because this SIP disapproval does 

not in-and-of itself create any new 

information collection burdens, but 

simply disapproves certain State 

requirements for inclusion in the SIP. 

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 will not 

impose any requirements on small 

entities. This SIP disapproval does not 

in-and-of itself create any new 

requirements but simply disapproves 

certain State requirements for inclusion 

in the SIP. 

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. This action disapproves 

pre-existing requirements under State or 

local law, and imposes no new 

requirements. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector, 

result from this action. 

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: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the SIP revision 

that the EPA is disapproving would not 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction, and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

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 this SIP disapproval does not 

in-and-of itself create any new 

regulations, but simply disapproves 

certain State requirements for inclusion 

in the SIP. 

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 (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 


wgreen on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 4891 

Dated: January 14, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.242 is amended by 

adding paragraphs (a)(1)(iv), (v), (vi), 

(vii) and (viii) to read as follows: 

§ 52.242 Disapproved rules and 

regulations. 

(a) * * * 

(1) * * * 

(iv) Rule 511.1, ‘‘Subpoenas,’’ 

submitted on February 7, 1989. 

(v) Rule 503.1, ‘‘Ex Parte Petitions for 

Variances,’’ submitted on February 7, 

1989. 

(vi) Rule 504, ‘‘Rules from which 

Variances Are Not Allowed,’’ submitted 

on May 13, 1991. 

(vii) Rule 1610, ‘‘Old-Vehicle 

Scrapping,’’ submitted on June 3, 1997. 

(viii) Rule 2202, ‘‘On-Road Motor 

Vehicle Mitigation Options,’’ submitted 

on June 3, 1999. 

* * * * * 

[FR Doc. 2016–01572 Filed 1–27–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0434; FRL–9941–51– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing its proposal 

to approve revisions to the State 

Implementation Plan (SIP) for 

Louisiana. These rule revisions are the 

2007 General Revisions, and 2008–2010 

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: This rule is effective on February 

29, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0434. All 

documents in the docket are listed on 

the 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 

www.regulations.gov or in hard copy at 

the Air Planning Section (6MM–AA), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar (6MM–AA), telephone (214) 

665–2164, email shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ 

‘‘us,’’ and ‘‘our’’ refer to EPA. 

I. Background 

On November 5, 2015 (80 FR 68481) 

we proposed to approve revision to the 

Louisiana SIP that the Louisiana 

Department of Environmental Quality 

(LDEQ) submitted to EPA on August 14, 

2009, and August 29, 2013. 

The Louisiana rule revisions 

submittals, corresponding Chapters, and 

type of action that we proposed are in 

Table 1 below. 

TABLE 1—SUBMITTALS, THEIR CORRESPONDING CHAPTERS, AND ACTION TYPE

Submittals Calendar year Revisions to LAC 33:III chapters 

being acted upon Action 

Miscellaneous rules ................................. 2008–2010 7, 13 ........................................................ Proposed Approval. 

General revisions ..................................... 2007 1, 9, 11, 13, 14, 21, 22, 23, and 25 ........ Proposed Approval. 

On October 2, 2015 LDEQ submitted 

a letter withdrawing its revisions to 

Louisiana Administrative Code (LAC) 

33:III, Chapter 15. 

The revisions to rules adopt the most 

recent Particulate Matter standards and 

make numerous other administrative 

and ministerial changes. As discussed 

in our proposal, there is no increase in 

the amount of emissions or number of 

sources affected as a result of these 

ministerial or administrative rules 

revisions; therefore, section 110(l) of the 

Act has been complied with. Details of 

these submittals, their evaluation, and 

individual chapter-specific conclusions 

were explained in our proposal, and its 

corresponding Technical Supporting 

Document. 

Certain provisions of the Louisiana 

SIP (§§ 1107(A), 1507(A)(1), 1507(B)(1), 

2153(B)(1)(i), 2201(C)(8), 2307(C)(1), 

and 2307(C)(2)) are affected by EPA’s 

June 12, 2015 National SIP Call (80 FR 

33967). Approval of amendments to 

LAC 33:III, Chapters 11, 21, 22, and 23 

here 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 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. 

II. Public Comments 

The public comment period for the 

November 5, 2015 (80 FR 68481) 

proposal expired on December 7, 2015, 

and we did not receive any comments 

on the proposed actions during this 

period. Therefore, we are finalizing the 

November 5, 2015 (80 FR 68481) 

proposal without any changes into the 

Louisiana SIP. 

III. Final Actions 

We are approving rule revisions to 

LAC 33:III, Chapter 1, section 111; 

Chapter 7, sections 701, 703, and 711; 

Chapter 9, sections 918, and 919; 

Chapter 11, sections 1105, and 1107; 

Chapter 13, sections 1323, 1325, 1327, 


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