[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Rules and Regulations]
[Pages 39741-39746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14068]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2006-0849; FRL-8442-8]
Approval and Promulgation of Implementation Plans; Louisiana;
Clean Air Interstate Rule Sulfur Dioxide Trading Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking a direct final action to approve a revision to
the Louisiana State Implementation Plan (SIP) submitted on September
22, 2006, enacted at Louisiana Administrative Code, Title 33, Part III,
Chapter 5, Section 506(C) (LAC 33:III.506(C)). This revision addresses
the requirements of EPA's Clean Air Interstate Rule (CAIR) Sulfur
Dioxide (SO2) Trading Program, promulgated on May 12, 2005
and subsequently revised on April 28, 2006. EPA is approving the SIP
revision as fully implementing the CAIR SO2 requirements for
Louisiana. Therefore, as a consequence of this SIP approval, EPA will
also withdraw the CAIR Federal Implementation Plan (CAIR FIP)
concerning SO2 emissions for Louisiana. The CAIR FIPs for
all States in the CAIR region were promulgated on April 28, 2006 and
subsequently revised on December 13, 2006.
CAIR requires States to reduce emissions of SO2 and
nitrogen oxides (NOX) that significantly contribute to, and
interfere with maintenance of, the national ambient air quality
standards for fine particulates and/or ozone in any downwind state.
CAIR establishes State budgets for SO2 and NOX
and requires States to submit SIP revisions that implement these
budgets in States that EPA concluded did contribute to nonattainment in
downwind states. States have the flexibility to choose which control
measures to adopt to achieve the budgets, including participating in
the EPA-administered cap-and-trade programs. In this SIP revision that
EPA is approving, EPA finds that Louisiana meets CAIR SO2
requirements by participating in the EPA-administered cap-and-trade
program addressing SO2 emissions.
The intended effect of this action is to reduce SO2
emissions from the State of Louisiana that are contributing to
nonattainment of the PM2.5 National Ambient Air Quality
Standard (NAAQS or standard) in downwind states. This action is being
taken under section 110 of the Federal Clean Air Act (the Act or CAA).
DATES: This rule is effective on September 18, 2007 without further
notice, unless EPA receives relevant adverse comment by August 20,
2007. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0849, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions for
submitting comments.
(2) E-mail: Mr. Jeff Robinson at [email protected]. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
(3) U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number 214-665-6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0849. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 information
through http://www.regulations.gov or e-mail, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail 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 along with any disk or CD-ROM
submitted. 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 should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Permits Section (6PD-R), 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
[[Page 39742]]
paragraph below to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. A 15
cent per page fee will be charged for making photocopies of documents.
On the day of the visit, please check in at the EPA Region 6 reception
area on the seventh floor at 1445 Ross Avenue, Suite 700, Dallas,
Texas.
The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
Louisiana Department of Environmental Quality, Office of
Environmental Quality Assessment, 602 N. Fifth Street, Baton Rouge,
Louisiana 70802.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's proposal, please contact Ms. Adina Wiley, Air Permits Section
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 1200, Dallas, TX 75202-2733. The telephone number is (214) 665-
2115. Ms. Wiley can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever, any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP Submittals?
V. What Is EPA's Analysis of the Louisiana CAIR SO2 SIP
Submittal?
A. State Budget for SO2 Allowance Allocations
B. CAIR SO2 Cap-and-Trade Program
C. Individual Opt-In Units
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking direct final action to approve a revision to
Louisiana's SIP, submitted on September 22, 2006, enacted at Louisiana
Administrative Code, Title 33, Part III, Chapter 5, Section 506(C) (LAC
33:III.506(C)). In its SIP revision, Louisiana would meet CAIR
SO2 requirements by requiring certain electric generating
units (EGUs) to participate in the EPA-administered CAIR cap-and-trade
program addressing SO2 emissions. The SIP as revised that
EPA is approving meets the applicable requirements of CAIR. Our
detailed analysis of this SIP revision is in the Technical Support
Document (TSD) for the Louisiana CAIR SO2 Trading Program.
The TSD is available as specified in the section of this document
identified as ADDRESSES. As a consequence of the SIP approval, the
Administrator of EPA will also issue a final rule to withdraw the FIP
concerning SO2 emissions for Louisiana. This action will
delete and reserve 40 CFR 52.985 in part 52. The withdrawal of the CAIR
FIP for Louisiana is a conforming amendment that must be made once the
SIP is approved because EPA's authority to issue the FIP was premised
on a deficiency in the SIP for Louisiana. Once the SIP is fully
approved, EPA no longer has authority for the FIP. Thus, EPA will not
have the option of maintaining the FIP following the full SIP approval.
Accordingly, EPA does not intend to offer an opportunity for a public
hearing or an additional opportunity for written public comment on the
withdrawal of the FIP.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on September 18,
2007 without further notice unless we receive relevant adverse comment
by August 20, 2007. 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
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.
II. What Is the Regulatory History of CAIR and the CAIR FIPs?
The Clean Air Interstate Rule (CAIR) was published by EPA on May
12, 2005 (70 FR 25162). In this rule, EPA determined that 28 States and
the District of Columbia contribute significantly to nonattainment and
interfere with maintenance of the national ambient air quality
standards (NAAQS) for fine particles (PM2.5) and /or 8-hour
ozone in downwind States in the eastern part of the country. As a
result, EPA required those upwind States to revise their SIPs to
include control measures that reduce emissions of SO2, which
is a precursor to PM2.5 formation, and/or NOX,
which is a precursor to both ozone and PM2.5 formation. For
jurisdictions that contribute significantly to downwind PM2.5
nonattainment, CAIR sets annual State-wide emission reduction
requirements (i.e., budgets) for SO2 and annual State-wide
emission reduction requirements for NOX. Similarly, for
jurisdictions that contribute significantly to 8-hour ozone
nonattainment, CAIR sets State-wide emission reduction requirements for
NOX for the ozone season (defined at 40 CFR 97.302 as May
1st to September 30th). Under CAIR, States may implement these
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures. Louisiana
was found to significantly contribute to nonattainment of the
PM2.5 standard in Alabama and the 8-hour ozone standard in
Texas, resulting in Louisiana being subject to the SO2,
annual NOX, and ozone season NOX CAIR
requirements.
CAIR explains to subject States what must be included in SIPs to
address the requirements of section 110(a)(2)(D) of the Clean Air Act
(CAA) with regard to interstate transport with respect to the 8-hour
ozone and PM2.5 NAAQS. EPA made national findings, effective
on May 25, 2005, that the States had failed to submit SIPs meeting the
requirements of section 110(a)(2)(D). The SIPs were due in July 2000, 3
years after the promulgation of the 8-hour ozone and PM2.5
NAAQS. These findings started a 2-year clock for EPA to promulgate a
Federal Implementation Plan (FIP) to address the requirements of
section 110(a)(2)(D). Under CAA section 110(c)(1), EPA may issue a FIP
anytime after such findings are made and must do so within two years
unless a SIP revision correcting the deficiency is approved by EPA
before the FIP is promulgated.
On April 28, 2006, EPA promulgated CAIR FIPs for all States covered
by CAIR in order to ensure the emissions reductions required by CAIR
are achieved on schedule. See 40 CFR 52.35 and 52.36. Each CAIR State
is subject to the FIP until the State fully adopts, and EPA approves, a
SIP revision meeting the requirements of CAIR. The CAIR FIPs require
certain EGUs to participate in the EPA-administered CAIR
SO2, NOX annual, and NOX ozone season
trading programs, as appropriate, found at 40 CFR part 97. The CAIR
FIPs' SO2, NOX annual, and NOX ozone
season trading programs impose essentially the
[[Page 39743]]
same requirements as, and are integrated with, the respective CAIR SIP
trading programs. The integration of the CAIR FIP and SIP trading
programs means that these trading programs will work together to create
effectively a single trading program for each regulated pollutant
(SO2, NOX annual, and NOX ozone
season) in all States covered by the CAIR FIPs' or SIPs' trading
program for that pollutant. The CAIR FIPs also allow States to submit
abbreviated SIP revisions that, if approved by EPA, will automatically
replace or supplement certain CAIR FIP provisions, while the CAIR FIPs
remain in place for all other provisions.
On April 28, 2006, EPA published two additional CAIR-related final
rules that added the States of Delaware and New Jersey to the list of
States subject to CAIR for PM2.5 and announced EPA's final
decisions on reconsideration of five issues, without making any
substantive changes to the CAIR requirements. On December 13, 2006, EPA
published minor, non-substantive revisions that serve to clarify CAIR
and the CAIR FIPs.
III. What Are the General Requirements of CAIR and the CAIR FIPs?
CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires States to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
The May 12, 2005 and April 28, 2006 CAIR rules provide model rules
that States must adopt (with certain limited changes, if desired) if
they want to participate in the EPA-administered trading programs. The
December 13, 2006, revisions to CAIR and the CAIR FIPs were non-
substantive and, therefore, do not affect EPA's evaluation of a State's
SIP revision.
With two exceptions, only States that choose to meet the
requirements of CAIR through methods that exclusively regulate EGUs are
allowed to participate in the EPA-administered trading programs. One
exception is for States that adopt the opt-in provisions of the model
rules to allow non-EGUs individually to opt into the EPA-administered
trading programs. The other exception is for States that include all
non-EGUs from their NOX SIP Call trading programs in their
CAIR NOX ozone season trading programs. Louisiana was not
subject to the NOX SIP Call requirements; therefore this
exception is not available to the State.
IV. What Are the Types of CAIR SIP Submittals?
States have the flexibility to choose the type of control measures
they will use to meet the requirements of CAIR. EPA anticipates that
most States will choose to meet the CAIR requirements by selecting an
option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. For such States, EPA has provided two
approaches for submitting and obtaining approval for CAIR SIP
revisions. States may submit full SIP revisions that adopt the model
CAIR cap-and-trade rules. If approved, these SIP revisions will fully
replace the State's CAIR FIPs. Alternatively, States may submit
abbreviated SIP revisions. The provisions in the abbreviated SIP
revision, if approved into a State's SIP, will not replace that State's
CAIR FIP; however, the requirements for the CAIR FIPs at 40 CFR part 52
incorporate the provisions of the Federal CAIR trading programs in 40
CFR part 97. The Federal CAIR trading programs in 40 CFR part 97
provide that whenever EPA approves an abbreviated SIP revision, the
provisions in the abbreviated SIP revision will be used in place of or
in conjunction with, as appropriate, the corresponding provisions in 40
CFR part 97 of the State's CAIR FIP.
A State submitting a full SIP revision may either adopt regulations
that are substantively identical to the model rules or incorporate by
reference the model rules. CAIR provides that States may only make
limited changes to the model rules if the States want to participate in
the EPA-administered trading programs. A full SIP revision may change
the model rules only by altering their applicability and allowance
allocation provisions to:
(1) Include NOX SIP Call trading sources that are not
EGUs under CAIR in the CAIR NOX Ozone Season Trading
Program;
(2) Provide for State allocation of NOX annual or ozone
season allowances using a methodology chosen by the State;
(3) Provide for State allocation of NOX annual
allowances from the compliance supplement pool (CSP) using the State's
choice of allowed, alternative methodologies; or
(4) Allow units that are not otherwise CAIR units to opt
individually into the CAIR SO2, NOX Annual, or
NOX Ozone Season Trading Programs under the opt-in
provisions in the model rules.
EPA's authority to issue the CAIR FIPs was premised on the
deficiency of each State's SIP in addressing the CAIR requirements. EPA
will not have the option of maintaining the CAIR FIP following approval
of a full CAIR SIP revision. Therefore, an approved CAIR full SIP
revision will replace the CAIR FIP requirements for NOX
annual, NOX ozone season, or SO2 emissions, as
applicable, for that State.
V. What Is EPA's Analysis of the Louisiana CAIR SO2 SIP
Submittal?
A. State Budget for SO2 Allowance Allocations
The CAIR State SO2 budgets were derived by discounting
the tonnage of emissions authorized by annual allowance allocations
under the Acid Rain Program under title IV of the CAA. Under CAIR, each
allowance allocated in the Acid Rain Program for the years in Phase 1
of CAIR (2010 through 2014) authorizes 0.5 ton of SO2
emissions in the CAIR trading program, and each Acid Rain Program
allowance allocated for the years in Phase 2 of CAIR (2015 and
thereafter) authorizes 0.35 ton of SO2 emissions in the CAIR
trading program.
In today's action, EPA is approving Louisiana's SIP revision that
incorporates by reference the SO2 model trading rule as
satisfying the budget requirements of 40 CFR 51.124(e). At 40 CFR
51.124(o)(1) we explain that any State that incorporates by reference
the CAIR SO2 trading program at subparts AAA through HHH of
40 CFR part 96, meets the budget obligation under 40 CFR 51.124(e).
Therefore, Louisiana's SIP revision establishes the State CAIR
SO2 budgets as 59,948 tons of SO2 emissions for
2010-2014 and 41,963 tons of SO2 emissions in 2015 and
thereafter. Louisiana's SIP revision sets these SO2 budgets
as the total amount of allowances available for allocation for a given
year under the EPA-administered SO2 cap-and-trade program.
B. CAIR SO2 Cap-and-Trade Program
The provisions of the CAIR SO2 model rule are similar to
the provisions of the CAIR NOX annual and ozone season model
rules, which largely mirror the structure of the NOX SIP
Call model trading rule in 40 CFR part 96, subparts A through I.
However, the SO2 model rule is coordinated with the ongoing
Acid Rain SO2 cap-and-trade program under CAA title IV. The
SO2
[[Page 39744]]
model rule uses the title IV allowances for compliance, with each
allowance allocated for 2010-2014 authorizing only 0.50 ton of
emissions and each allowance allocated for 2015 and thereafter
authorizing only 0.35 ton of emissions. Banked title IV allowances
allocated for years before 2010 can be used at any time in the CAIR
SO2 cap-and-trade program, with each such allowance
authorizing 1 ton of emissions. Title IV allowances are to be freely
transferable among sources covered by the Acid Rain Program and sources
covered by the CAIR SO2 cap-and-trade program.
EPA also used the CAIR SO2 model trading rule as the
basis for the SO2 trading program in the CAIR FIPs. The CAIR
FIPs' trading rules are virtually identical to the CAIR model trading
rules, with changes made to account for federal rather than state
implementation. The CAIR model SO2 trading rules and the
respective CAIR FIPs' trading rules are designed to work together as an
integrated SO2 trading program.
In the September 22, 2006, SIP revision, Louisiana chooses to
implement its CAIR SO2 budgets by requiring EGUs to
participate in the EPA-administered cap-and-trade program for
SO2 emissions. Louisiana has adopted a full SIP revision
that incorporates by reference the CAIR model cap-and-trade rule for
SO2 emissions as published at 40 CFR part 96, subparts AAA-
HHH on July 1, 2005, and as revised at 70 FR 25162-25405, May 12, 2005,
and 71 FR 25162-25405, April 28, 2006. This SIP revision does not
include subpart III, CAIR SO2 Opt-in Units, and any
references to opt-in units. This SIP revision also does not include the
December 13, 2006, revisions to the SO2 trading rules in the
CAIR and CAIR FIPs.
C. Individual Opt-In Units
The opt-in provisions of the CAIR model trading rules allow certain
non-EGUs (i.e., boilers, combustion turbines, and other stationary
fossil-fuel-fired devices) that do not meet the applicability criteria
for a CAIR trading program to participate voluntarily in (i.e., opt
into) the CAIR trading program. A non-EGU may opt into one or more of
the CAIR trading programs. In order to qualify to opt into a CAIR
trading program, a unit must vent all emissions through a stack and be
able to meet monitoring, recordkeeping, and reporting requirements of
40 CFR part 75. The owners and operators seeking to opt a unit into a
CAIR trading program must apply for a CAIR opt-in permit. If the unit
is issued a CAIR opt-in permit, the unit becomes a CAIR unit, is
allocated allowances, and must meet the same allowance-holding and
emissions monitoring and reporting requirements as other units subject
to that CAIR trading program. The opt-in provisions provide for two
methodologies for allocating allowances for opt-in units, one
methodology that applies to opt-in units in general and a second
methodology that allocates allowances only to opt-in units that the
owners and operators intend to repower before January 1, 2015.
States have several options concerning the opt-in provisions.
States may adopt the CAIR opt-in provisions entirely or may adopt them
but exclude one of the methodologies for allocating allowances. States
may also decline to adopt the opt-in provisions.
Louisiana has chosen not to allow non-EGUs to opt into the CAIR
SO2 trading program. Louisiana incorporated by reference the
CAIR SO2 Trading Program, published at 40 CFR part 96,
subparts AAA-HHH on July 1, 2005, and as revised at 70 FR 25162-25405,
May 12, 2005, and 71 FR 25162-25405, April 28, 2006. This SIP revision
does not include subpart III, CAIR SO2 Opt-in Units, and any
references to opt-in units.
VI. Final Action
We are approving Louisiana's CAIR SO2 SIP revision
submitted on September 22, 2006, enacted at LAC 33:III.506(C). Under
this SIP revision, Louisiana is choosing to participate in the EPA-
administered cap-and-trade program for SO2 emissions. Our
technical analysis has shown that this SIP revision is consistent with
the requirements of 40 CFR part 51, including the specific CAIR
SO2 requirements at 40 CFR 51.124 as published on May 12,
2005, and further revised on April 28, 2006; and all applicable
requirements of the CAA. While we are approving the Louisiana CAIR
SO2 SIP as satisfying the CAIR SO2 requirements,
it is important to note that the Louisiana SIP revision does not
incorporate EPA's latest revisions to CAIR made on December 13, 2006,
and any future revisions. We understand that Louisiana will routinely
update its SIP to reflect this change and any future EPA actions on the
CAIR SO2 Trading Program.
As a consequence of this SIP approval, the Administrator of EPA
will also issue, without providing an opportunity for a public hearing
or an additional opportunity for written public comment, a final rule
to withdraw the CAIR FIP concerning SO2 emissions for
Louisiana. This action will delete and reserve 40 CFR 52.985 in part
52.
VII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, this action is
also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This action merely approves state
law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Act.
The EPA interprets Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), as applying only to those regulatory actions that concern health
or safety risks such that the analysis required under section 5-501 of
the Executive
[[Page 39745]]
Order has the potential to influence the regulation. This rule is not
subject to Executive Order 13045 because it approves a state program.
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Because this rule
merely approves a state rule implementing a Federal standard, EPA lacks
the discretionary authority to modify today's regulatory decision on
the basis of environmental justice considerations.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 September 18, 2007. 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: July 11, 2007.
Lawrence Starfield,
Acting Regional Administrator, EPA Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. Section 52.970 is amended as follows:
0
a. In paragraph (c) the table entitled ``EPA Approved Louisiana
Regulations in the Louisiana SIP'' is amended under Chapter 5--Permit
Procedures, by adding in numerical order a new entry for ``Section
506(c)''.
0
b. In paragraph (e) the table entitled ``EPA Approved Louisiana
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by
adding a new entry for the ``Clean Air Interstate Rule Sulfur Dioxide
Trading Program''.
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject approval EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 506(c)................... Clean Air Interstate 09/20/06 07/20/07, [Insert FR Sections 506(A),
Rule Requirements-- page number where (B), (D), and (E)
Annual Sulfur document begins]. NOT in SIP.
Dioxide.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 39746]]
EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable EPA
Name of SIP provision geographic or State submittal date/ approval Explanation
nonattainment area effective date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Clean Air Interstate Rule Sulfur Statewide........... 09/22/06............ 07/20/07, Acid Rain Program
Dioxide Trading Program. [Insert FR Provisions NOT in
page number SIP.
where
document
begins]
----------------------------------------------------------------------------------------------------------------
[FR Doc. E7-14068 Filed 7-19-07; 8:45 am]
BILLING CODE 6560-50-P