21142 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

be effective on June 16, 2014 without 

further notice unless we receive relevant 

adverse comments by May 15, 2014. If 

we receive relevant adverse comments, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

We will address all public comments in 

a subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive a relevant adverse comment on 

an amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination 

based on air quality data. 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 (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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it merely 

makes a determination based on air 

quality data. 

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 rule 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 rule 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, Ozone, Incorporation 

by reference. 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart T—Louisiana 

■ 2. Amend § 52.977 to add a new 

paragraph (e) to read as follows: 

§ 52.977 Control strategy and regulations: 

Ozone. 

* * * * * 

(e) Clean Data Determination. 

Effective June 16, 2014 EPA has 

determined that the Baton Rouge, 

Louisiana, marginal 2008 8-hour ozone 

nonattainment area is currently 

attaining the 2008 8-hour NAAQS for 

ozone. 

[FR Doc. 2014–08369 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

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), 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart T—Louisiana 

■ 2. In § 52.970(e) the second table 

entitled ‘‘EPA Approved Louisiana 

Nonregulatory Provisions and QuasiRegulatory 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: 

§ 52.970 Identification of plan. 

* * * * * 

(e) * * * 

* * * * * 


ehiers on DSK2VPTVN1PROD with RULES
21144 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal/effective date 

EPA approval date Explanation 

*******

Interstate transport for the 2006 

PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance).

Statewide ..................... 5/16/2011 

5/21/2013 

4/15/2014 [Insert FR page 

number where document 

begins].

SIP submission dated 5/16/2011, 

technical supplement dated 5/21/

2013. 

[FR Doc. 2014–08484 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0100; FRL–9909–51– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for the 1997 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing its proposal 

to approve revisions to the Texas State 

Implementation Plan (SIP) for the 

Houston/Galveston/Brazoria (HGB) 1997 

8-Hour ozone nonattainment Area 

(Area). The HGB Area consists of 

Brazoria, Chambers, Fort Bend, 

Galveston, Harris, Liberty, Montgomery 

and Waller counties. Specifically, we 

are finalizing our proposed approval of 

portions of two revisions to the Texas 

SIP submitted by the Texas Commission 

on Environmental Quality (TCEQ) as 

meeting certain Reasonably Available 

Control Technology (RACT) 

requirements for Volatile Organic 

Compounds (VOC) in the HGB Area. 

This action is in accordance with 

section 110 of the federal Clean Air Act 

(the Act, CAA). 

DATES: This rule will be effective on 

May 15, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0100. 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 (6PD–L), 

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. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar (6PD–L), telephone (214) 

665–2164, email shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Outline 

I. Background 

A. What actions are we finalizing? 

1. The June 13, 2007 Submittal 

2. The April 6, 2010 Submittal 

B. When did the public comment period 

expire? 

II. Evaluation 

A. What are the public comments and 

EPA’s response to them? 

B. What is TCEQ’s approach and analysis 

to RACT? 

C. What source categories are we 

addressing in this action? 

D. Are there any negative declarations 

associated with the VOC source 

categories in the HGB Area? 

E. Is Texas’ approach to RACT 

determination for VOC sources based on 

the June 13, 2007 and April 6, 2010 

submittals acceptable? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. What actions are we finalizing? 

We are finalizing our January 9, 2014 

(79 FR 1612) proposal to approve 

portions of revisions to the Texas SIP 

submitted to EPA with two separate 

letters dated June 13, 2007 and April 6, 

2010 from TCEQ. These two separate 

submittals are described below. 

1. The June 13, 2007 Submittal 

The June 13, 2007 submittal concerns 

revisions to 30 TAC, Chapter 115 

Control of Air Pollution from Volatile 

Organic Compounds. In addition, the 

June 13, 2007 submittal included an 

analysis intended to demonstrate RACT 

was being implemented in the HGB 

Area as required by the CAA (Appendix 

D of the submittal). We approved 

selected revisions as meeting RACT 

under the 8-hour ozone NAAQS for 

some, but not all of the submitted 

industry source categories in the HGB 

Area, on April 2, 2013 at 78 FR 19599. 

In our January 9, 2014 (79 FR 1612) 

proposal, we addressed additional 

source categories covered in this SIP 

submittal. 

2. The April 6, 2010 Submittal 

In conjunction with the June 13, 2007 

submittal, we are also finalizing our 

proposal to approve a part of the April 

6, 2010 revision to the Texas SIP for 

VOC RACT purposes. Specifically, we 

find that Texas has met certain RACT 

requirements under section 182(b). For 

more information on RACT evaluation 

for the HGB Area see section B of the 

January 9, 2014 (79 FR 1612) proposal. 

B. When did the public comment period 

expire? 

The public comment period for the 

January 9, 2014 (79 FR 1612) proposal 

expired on February 10, 2014. 

II. Evaluation 

A. What are the public comments and 

EPA’s response to them? 

Comment: An individual commented 

that pollution has to stop at the source, 

there should be zero waste, and the 

polluter has to pay. 

Response: EPA is not aware of a 

reasonably available and technologically 

feasible method to achieve zero waste 

for the source categories identified in 

Table 1 of the January 9, 2014 (79 FR 

1612) proposal. The commenter did not 

provide any information to this effect, 

and no contact information was made 

available by the commenter in order for 

EPA to pursue an inquiry regarding 


ehiers on DSK2VPTVN1PROD with RULES