46606 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 

(Authority: 38 U.S.C. 1710) 

[FR Doc. 2016–16917 Filed 7–15–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0022; FRL–9949–09– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Permitting of Greenhouse Gases 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving and 

partially disapproving a revision to the 

Louisiana State Implementation Plan 

(SIP) submitted on December 21, 2011. 

This revision outlines the State’s 

program to regulate and permit 

emissions of greenhouse gases (GHGs) 

in the Louisiana Prevention of 

Significant Deterioration (PSD) program. 

We are approving these provisions to 

the extent that they address the GHG 

permitting requirements for sources 

already subject to PSD for pollutants 

other than GHGs. We are disapproving 

these provisions to the extent they 

require PSD permitting for sources that 

emit only GHGs above the thresholds 

triggering the requirement to obtain a 

PSD permit since that is no longer 

consistent with federal law. The EPA is 

taking this action under section 110 and 

part C of the Clean Air Act (CAA or 

Act). 

DATES: This rule is effective on August 

17, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0022. 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 EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, wiley.adina@epa.gov, 

(214) 665–2115. 

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 May 6, 2016 

proposal. See 81 FR 27382. In that 

document we proposed to approve as 

revisions to the Louisiana SIP, the 

revisions to the Louisiana PSD 

permitting program submitted on 

December 21, 2011, that provide the 

State the authority to regulate and 

permit emissions of GHGs from Step 1 

sources in the Louisiana PSD program. 

We also proposed to disapprove the 

provisions submitted on December 21, 

2011, that would enable the State of 

Louisiana to regulate and permit Step 2 

sources under the Louisiana PSD 

program because the submitted 

provisions were no longer consistent 

with federal laws. 

Our proposed action also corrected an 

omission in the EPA’s August 19, 2015, 

proposed approval of the Louisiana 

Major New Source Review program, 

where we did not explicitly propose 

approval of a portion of the definition 

of ‘‘major stationary source.’’ To correct 

this omission, we provided an 

additional opportunity for the public to 

comment on the revisions to the 

definition of ‘‘major stationary source’’ 

at LAC 33:III.509(B) submitted on 

December 20, 2005 as subparagraph (e), 

but was moved to subparagraph (f) in 

the December 21, 2011 submittal. 

II. Response to Comments 

We received comments from the 

Louisiana Department of Environmental 

Quality (LDEQ). Our responses are 

provided below. 

Comment 1: The LDEQ commented 

that the State initiated rulemaking 

AQ358 on January 20, 2016, to remove 

the PSD GHG Step 2 permitting 

provisions. The rulemaking was 

promulgated on April 20, 2016, after no 

comments were received during the 

public comment period. Therefore, 

LDEQ’s PSD program no longer contains 

permitting requirements for Step 2 

sources. The LDEQ also submitted 

copies of the AQ358 rulemaking for 

reference. 

Response 1: We recognize that the 

LDEQ has completed a rulemaking to 

remove the Step 2 GHG permitting 

provisions from the LDEQ PSD program 

consistent with our proposed partial 

disapproval. Today’s final action 

disapproves the Step 2 provisions that 

were submitted for the EPA’s 

consideration as a revision to the 

Louisiana SIP. No further actions are 

necessary on the part of the LDEQ to 

remove the Step 2 provisions adopted 

by the LDEQ on April 20, 2011 and 

submitted December 21, 2011, from our 

consideration. Further, today’s final 

action also removes the portion of the 

Louisiana SIP at 40 CFR 52.986(c) where 

the EPA narrowed our approval of the 

Louisiana PSD SIP to apply to Step 2 

permitting. See 75 FR 82536, December 

30, 2010. 

Comment 2: The LDEQ provided 

comment on the EPA’s interpretation of 

the ‘‘automatic rescission provisions’’ 

under LAC 33:III.501(C)(14). 

Specifically, the LDEQ commented that 

‘‘In the event of a ‘‘change in federal 

law’’ or a Supreme Court or D.C. Circuit 

‘‘order which limits or renders 

ineffective the regulation’’ of GHGs 

under Part C of Title I of the Clean Air 

Act, LDEQ will provide notice to the 

general public and regulated community 

if such law or order will impact how 

LDEQ’s [sic] administers its PSD 

program under LAC 33:III.509. In 

addition, LDEQ will ensure that any 

such changes are consistent with EPA’s 

interpretation of the law or order.’’ 

Response 2: The EPA appreciates the 

comment from the LDEQ and the 

affirmation that the LDEQ will provide 

notice to the general public and 

community in the event of a change in 

federal law or a court decision that 

limits or renders ineffective the 

regulation of GHGs under the PSD 

program. We note that the LDEQ stated 

public notice would likely be through 

the LDEQ Web site; we find this method 

to be sufficient to satisfy the 

requirements of section 110(l) of the 

CAA. 

III. Final Action 

We are approving the following 

revisions to the Louisiana SIP submitted 

on December 21, 2011. The revisions 

were adopted and submitted in 

accordance with the CAA and are 

consistent with the laws and regulations 

for PSD permitting of GHGs; therefore 

we are taking final action to approve 

these revisions under section 110 and 

part C of the Act. 

• New provisions as LAC 

33:III.501(C)(14) adopted on April 20, 

2011 and submitted December 21, 2011; 

• New definitions of ‘‘carbon dioxide 

equivalent’’ and ‘‘greenhouse gases’’ at 

LAC 33:III.509(B) adopted on April 20, 

2011 and submitted December 21, 2011; 

• Revisions to the definitions of 

‘‘major stationary source’’ paragraphs (a) 

and (b) and ‘‘significant’’ at LAC 

33:III.509(B) adopted on April 20, 2011 

and submitted on December 21, 2011; 

and 

• Revisions to the definition of 

‘‘major stationary source’’ paragraph (e) 


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Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 46607 

as submitted on December 20, 2005, and 

renumbered to paragraph (f) in the April 

20, 2011 adoption submitted on 

December 21, 2011. 

As a result of our final approval of the 

above revisions, the EPA is also 

removing the existing provisions at 40 

CFR 52.986(c) under which the EPA 

narrowed the applicability of the 

Louisiana PSD program to regulate 

sources consistent with federal PSD 

permitting requirements. 

We are disapproving the following 

severable portions of the December 21, 

2011 Louisiana SIP submittal that 

establish GHG permitting requirements 

for Step 2 sources: 

• Revisions to the definitions of 

‘‘major stationary source’’ paragraph (c) 

and ‘‘significant’’ as it pertains to Step 

2 sources, adopted on April 20, 2011 

and submitted on December 21, 2011. 

As a result of our final disapproval of 

the above revisions, the EPA is adding 

a new entry at 40 CFR 52.986(c) to 

reflect the disapproval of the PSD GHG 

Step 2 provisions. We are taking this 

final action under section 110 and part 

C of the Act; as such, we are not 

imposing sanctions as a result of this 

final disapproval. This final disapproval 

does not require the EPA to promulgate 

a Federal Implementation Plan because 

we are finding that the submitted 

provisions are inconsistent with federal 

laws for the regulation and permitting of 

GHG emissions. 

IV. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Louisiana regulations as 

described in the Final 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. 

V. 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 

proposes approval of the portions of the 

submitted revisions to State law for the 

regulation and permitting of GHG 

emissions consistent with federal 

requirements and proposes disapproval 

of the portions of the state laws that do 

not meet Federal requirements for the 

regulation and permitting of GHG 

emissions. 

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. There is no burden imposed under 

the PRA because this action proposes to 

disapprove submitted revisions that are 

no longer consistent with federal laws 

for the regulation and permitting of 

GHG emissions. 

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 action proposes to 

disapprove submitted revisions that are 

no longer consistent with federal laws 

for the regulation and permitting of 

GHG emissions, and therefore will have 

no impact on small entities. 

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 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action proposes to disapprove 

submitted revisions that are no longer 

consistent with federal laws for the 

regulation and permitting of GHG 

emissions, and therefore will have no 

impact on small governments. 

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 proposes to 

disapprove provisions of state law that 

are no longer consistent with federal 

laws for the regulation and permitting of 

GHG emissions; there are no 

requirements or responsibilities added 

or removed from Indian Tribal 

Governments. 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 disapproves state permitting 

provisions that are inconsistent with 

federal laws for the regulation and 

permitting of GHG emissions. 

H. Executive Order 13211: Actions 

Concerning Regulations 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) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The 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 is not subject 

to Executive Order 12898 because it 

disapproves state permitting provisions 

that are inconsistent with federal laws 

for the regulation and permitting of 

GHG emissions. 

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, 


asabaliauskas on DSK3SPTVN1PROD with RULES
46608 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 

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 September 16, 

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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: July 7, 2016. 

Ron Curry, 

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(c), the table titled ‘‘EPA 

Approved Louisiana Regulations in the 

Louisiana SIP’’ is amended by revising 

the entries for ‘‘Section 501’’ and 

‘‘Section 509’’ under Chapter 5—Permit 

Procedures to read as follows: 

§ 52.970 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP 

State citation Title/Subject State approval 

date EPA approval date Comments 

*******

Chapter 5—Permit Procedures 

Section 501 ................ Scope and Applicability ................................. 4/20/2011 7/18/2016, [Insert Federal 

Register citation].

* * * * * * * 

Section 509 ................ Prevention of Significant Deterioration ......... 12/20/2012 7/18/2016, [Insert Federal 

Register citation].

SIP does not include the 

provisions for Step 2 

GHG permitting at 

‘‘major stationary 

source’’ paragraph (c) 

or ‘‘significant’’ as 

adopted on April 20, 

2011. 

SIP does not include the 

PM2.5 SMC at LAC 

33:III.509(I)(5)(a) from 

the 12/20/2012 adoption. LAC 

33:III.509(I)(5)(a) is SIPapproved as of 10/20/

2007 adoption. 

*******

* * * * * 

■ 3. Section 52.986 is amended by 

revising paragraph (c) to read as follows: 

§ 52.986 Significant deterioration of air 

quality. 

* * * * * 

(c) The revisions to the Louisiana SIP 

adopted on April 20, 2011, and 

submitted on December 21, 2011, 

establishing PSD permitting 

requirements for sources that are 

classified as major and thus required to 

obtain a PSD permit based solely on 

their potential GHG emissions (‘‘Step 2’’ 

sources) at the definition of ‘‘major 

stationary source’’ paragraph (c) and the 

definition of ‘‘significant’’ at LAC 

33:III.509(B), are disapproved as 

inconsistent with federal law for the 

regulation and permitting of GHGs. 

[FR Doc. 2016–16791 Filed 7–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0164; FRL–9949–07– 

Region 9] 

Determination of Attainment of the 1- 

Hour Ozone National Ambient Air 

Quality Standard in the San Joaquin 

Valley Nonattainment Area in 

California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


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