[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Rules and Regulations]
[Pages 55064-55068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18962]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 97
[EPA-R06-OAR-2007-0651; FRL-8473-5]
Approval and Promulgation of Implementation Plans; Louisiana;
Clean Air Interstate Rule Nitrogen Oxides Trading Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a revision to the Louisiana State
Implementation Plan (SIP) submitted by the State of Louisiana on August
20, 2007, as the Louisiana Clean Air Interstate Rule (CAIR) Nitrogen
Oxides (NOX) Trading Programs abbreviated SIP. The
abbreviated SIP revision includes the Louisiana methodology for
allocation of annual and ozone season NOX allowances. EPA
has determined that the Louisiana CAIR NOX Trading Programs
abbreviated SIP revision satisfies the applicable requirements of a
CAIR abbreviated SIP revision. EPA is also approving revisions to the
Louisiana SIP that establish administrative reporting requirements for
all Louisiana CAIR programs; these revisions were submitted on
September 22, 2006, as part of the Louisiana CAIR Sulfur Dioxide
(SO2) Trading Program SIP. EPA has also determined that the
Louisiana CAIR NOX Annual and Ozone Season Abbreviated SIP
satisfies Louisiana's Clean Air Act (CAA) Section 110(a)(2)(D)(i)
obligations to submit a SIP revision that contains adequate provisions
to prohibit air emissions from adversely affecting another State's air
quality through interstate transport.
The intended effect of this action is to reduce NOX
emissions from the State of Louisiana that are contributing to
nonattainment of the 8-hour ozone and PM2.5 National Ambient
Air Quality Standards (NAAQS or standard) in downwind states. This
action is being taken under section 110 of the CAA.
DATES: This rule is effective on September 28, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2007-0651. 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., CBI 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
[[Page 55065]]
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 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 section of this
Federal Register to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal 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 approval, please contact Ms. Adina Wiley (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), 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 Background for This Action?
III. When Is This Action Effective?
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is approving a revision to the Louisiana SIP, the Louisiana
CAIR NOX Trading Programs abbreviated SIP revision,
submitted on August 20, 2007, by the State of Louisiana at Louisiana
Administrative Code Title 33, Part III, Chapter 5, Sections 506 (A) and
(B) (LAC 33:III.506 (A) and (B)). We are also approving revisions to
the Louisiana SIP establishing administrative reporting requirements
for all Louisiana CAIR programs; these revisions were submitted with
the Louisiana CAIR SO2 Trading Program on September 22, 2006
(LAC 33:III.506 (D) and (E)). Louisiana is covered by the CAIR
NOX Annual and Ozone Season FIPs, which require
participation in the EPA-administered CAIR FIP cap-and-trade programs
for NOX annual and ozone emissions. Under this abbreviated
SIP revision and consistent with the flexibility given to Louisiana in
its CAIR NOX Annual and Ozone Season FIPs' provisions, the
Louisiana provisions for allocating allowances under the Louisiana CAIR
FIPs' NOX annual and ozone season trading programs are
approved as part of the Louisiana SIP. EPA has determined that the
abbreviated SIP revision meets the applicable requirements in 40 CFR
51.123(p)(1) and (ee)(2) with regard to NOX annual and ozone
season allowance allocations. EPA, by ministerial action, will note in
Appendix A.1. to Subpart EE of 40 CFR Part 97 that Louisiana has an
approved SIP revision providing for NOX annual allowance
allocations. Similarly, EPA will note in Appendix A to Subpart EEEE of
40 CFR Part 97 that Louisiana has an approved SIP revision providing
for NOX ozone season allowance allocations. Since 40 CFR
part 97 provides for automatic revision of the Louisiana CAIR FIP for
NOX annual and ozone season emissions (under 40 CFR 52.984)
upon approval of such an abbreviated SIP revision, the Louisiana rules
for NOX annual and ozone season allowance allocations apply,
rather than the Federal rules governing allocations, upon the effective
date of approval.
EPA has also determined that this SIP revision adequately addresses
the required elements of section 110(a)(2)(D)(i) of the Clean Air Act,
42 U.S.C. 7410(a)(2)(D)(i). The SIP revision contains provisions that
address significant contribution, interference with maintenance,
prevention of significant deterioration, and protection of visibility.
The protection of visibility requirement will be re-evaluated after the
regional haze SIP revision is completed and submitted to EPA.
EPA proposed to approve Louisiana's request to amend the SIP on
August 15, 2007 (72 FR 45705). In that proposal, EPA also stated its
intent to amend the CAIR FIP NOX Annual and Ozone Season
Trading Programs through ministerial action and proposed the finding as
to section 110(a)(2)(D)(i), as described above. The comment period
closed on September 14, 2007. EPA received one comment from a regulated
entity in support of our proposed approval. EPA is finalizing the
approval as proposed based on the rationale stated in the proposal and
the accompanying Technical Support Document (TSD). The TSD is available
as specified in the section of this document identified as ADDRESSES.
Also in today's action, EPA is providing a technical correction to
the amendatory language for the Louisiana CAIR Sulfur Dioxide
(SO2) Trading Program at 40 CFR part 52, subpart T, section
52.970. On July 20, 2007 (72 FR 39741), EPA published direct final
rulemaking action approving the Louisiana CAIR SO2 Trading
Program as a SIP revision. This action contained amendments to 40 CFR
part 52, Subpart T, Sec. 52.970 which incorrectly incorporated
``Section 506(c)'' into the Louisiana SIP. Today we are correcting 40
CFR part 52, subpart T, Sec. 52.970 to correctly incorporate ``Section
506(C)'' into the Louisiana SIP.
II. What Is the Background for This Action?
The Louisiana Department of Environmental Quality (LDEQ) initially
proposed the Louisiana-specific CAIR NOX annual and ozone
season allocation methodologies in January 2007 as revision AQ261 to
the LAC and in February 2007 as a revision to the Louisiana SIP. As a
result of extensive comments and subsequent rewrites, AQ261 was
withdrawn from consideration. LDEQ proposed the revised CAIR
NOX annual and ozone season allocation methodologies as
revision AQ285 to the LAC and the Louisiana SIP in May 2007. The
comment period on the AQ285 SIP revision ended on July 3, 2007. LDEQ
responded to comments and made technical amendments to the allocation
methodologies. The final rule revision was submitted to the Louisiana
Legislative Oversight Committee (LOC) on July 12, 2007. At this time
the LDEQ also requested that EPA parallel process this abbreviated
revision to the Louisiana SIP in conjunction with the LDEQ's rulemaking
activities. The LDEQ requested parallel processing of the Louisiana
CAIR NOX Trading Programs abbreviated SIP revision to
expedite Federal approval of the Louisiana NOX annual and
ozone season allocation methodologies before the allowance recordation
deadline. The Louisiana CAIR NOX Annual and Ozone Season FIP
includes a NOX allowance recordation deadline of September
30, 2007, at 40 CFR 97.153 and 97.353. As explained in the preamble of
our April 28, 2006, promulgation of the CAIR FIPs, EPA will only record
State allowance allocations if EPA has approved a full or abbreviated
SIP for the State which specifies the allocation methodology (see 71 FR
25354).
In order to expedite review, we proposed approval of the Louisiana
[[Page 55066]]
CAIR NOX Trading Programs abbreviated SIP revision under a
procedure called ``parallel processing'' whereby EPA proposes
rulemaking action concurrently with the State's procedures for amending
its regulations (40 CFR part 51, Appendix V, section 2.3). If the
State's proposed revision is substantially changed, EPA evaluates those
subsequent changes and may publish another notice of proposed
rulemaking. If no substantial changes are made, EPA publishes a final
rulemaking on the revisions after responding to any submitted comments.
Final rulemaking action by EPA occurs only after the SIP revision has
been fully adopted and submitted formally to EPA for incorporation into
the SIP. In addition, any action by the State resulting in undue delay
in the adoption of the rules may result in a re-proposal altering the
approvability of the SIP revision.
The Louisiana LOC reviewed the final AQ285 from July 12-August 10,
2007, during which time the public was able to request a Legislative
Oversight hearing. Since no hearing was requested by the deadline, the
rule proceeded through the remainder of the Louisiana rulemaking
process as finalized on July 12, 2007. The LDEQ published the final
AQ285 in the August 20, 2007 Louisiana Register; the rule became
effective upon publication.
The LDEQ submitted the final Louisiana CAIR NOX Trading
Programs abbreviated SIP revision on August 20, 2007. This SIP
submittal included a copy of the Louisiana Register publication,
providing evidence that the rule is fully adopted and effective at the
State level. No substantive changes were made to the final SIP
revision; however, it is important to note that the LDEQ updated
Appendix A--Public Notification, to include all pages of the comment
letters. The SIP revision submitted on July 12, 2007, inadvertently
omitted even numbered pages from some comment letters. EPA is able to
proceed with our final rulemaking because the August 20, 2007, SIP
submittal was not substantively changed from proposal and provided
evidence that Louisiana formally adopted and submitted the revisions
for inclusion in the SIP.
III. When Is This Action Effective?
EPA has determined that today's technical correction to the
Louisiana CAIR SO2 citation falls under the ``good cause''
exemption in 5 U.S.C. 553(d)(3) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary or contrary to the public
interest. Public notice and comment for this action are unnecessary
because today's action to correct 40 CFR part 52 has no substantive
impact on EPA's July 20, 2007, direct final rule approval of the
Louisiana CAIR SO2 Trading Program. In addition, EPA can
identify no particular reason why the public would be interested in
being notified of the correction of this error or in having the
opportunity to comment on the correction prior to this action being
finalized, since this correction action does not change the approval
status.
EPA also finds that there is good cause for the approval of the
Louisiana CAIR NOX Trading Programs abbreviated SIP revision
and technical amendment to the Louisiana CAIR SO2 citation
to become effective on September 28, 2007, because a delayed effective
date is unnecessary due to the nature of the approval, which allows the
State to make allocations under its CAIR rules. The expedited effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rule actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction'' and section 5 U.S.C. 553(d)(3), which allows an
effective date less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.''
CAIR SIP approvals relieve States and CAIR sources within States
from being subject to allowance allocation provisions in the CAIR FIPs
that otherwise would apply, allowing States to make their own allowance
allocations based on their SIP-approved State rule. The relief from
these obligations is sufficient reason to allow an expedited effective
date of this rule under 5 U.S.C. 553(d)(1). In addition, Louisiana's
relief from these obligations provides good cause to make this rule
effective September 28, 2007, pursuant to 5 U.S.C. 553(d)(3). The
purpose of the 30-day waiting period prescribed in 5 U.S.C. 553(d) is
to give affected parties a reasonable time to adjust their behavior and
prepare before the final rule takes effect. Where, as here, the final
rule relieves obligations rather than imposes obligations, affected
parties, such as the State of Louisiana and CAIR sources within the
State, do not need time to adjust and prepare before the rule takes
effect.
IV. 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 indicates that approval will result
in ministerial changes to the appropriate appendices of the CAIR FIP's
trading rules, 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
[[Page 55067]]
risks such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045 because it approves a
State rule implementing a Federal standard. 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 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 November 27, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
40 CFR Part 97
Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Nitrogen oxides,
Ozone, Reporting and recordkeeping requirements.
Dated: September 18, 2007.
Richard E. Greene,
Regional Administrator, EPA Region 6.
0
40 CFR parts 52 and 97 are 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 removing the entry for ``Section 506(c)'' and adding in
its place an entry for ``Section 506(C)''.
0
b. 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 new entries for ``Section
506(A)'', ``Section 506(B)'', ``Section 506(D)'', and ``Section 506(E).
0
c. In paragraph (e) the table entitled ``EPA Approved Louisiana
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by
adding a new entry at the end for the ``Clean Air Interstate Rule
Nitrogen Oxides Annual and Ozone Season Trading Programs''.
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Louisiana Regulations in the Louisiana SIP
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State approval
State citation Title/subject date EPA approval date Explanation
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* * * * * * *
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Chapter 5--Permit Procedures
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* * * * * * *
Section 506(A).................. Clean Air 08/20/2007 09/28/2007 [Insert ....................
Interstate Rule FR page number
Requirements--Nitr where document
ogen Oxide Annual begins].
Program.
Section 506(B).................. Clean Air 08/20/2007 09/28/2007 [Insert ....................
Interstate Rule FR page number
Requirements--Nitr where document
ogen Oxide Ozone begins].
Season Program.
Section 506(C).................. Clean Air 09/20/2006 09/28/2007 [Insert ....................
Interstate Rule FR page number
Requirements--Annu where document
al Sulfur Dioxide. begins].
[[Page 55068]]
Section 506(D).................. Documentation...... 09/20/2006 09/28/2007 [Insert ....................
FR page number
where document
begins].
Section 506(E).................. Modifications or 09/20/2006 09/28/2007 [Insert ....................
Exceptions. FR page number
where document
begins].
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Comments
nonattainment area effective date
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* * * * * * *
Clean Air Interstate Rule Statewide......... .............. 09/28/2007 [Insert SIP revision also
Nitrogen Oxides Annual and FR page number addresses CAA
Ozone Season Trading Programs. where document 110(a)(2)(D)(i)--Inter
begins]. state Transport. The
protection of
visibility requirement
will be re-evaluated
after submission of
the regional haze SIP.
* * * * * * *
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* * * * *
PART 97--[AMENDED]
0
3. The authority citation for part 97 continues to read as follows:
Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et
seq.
0
4. Appendix A to Subpart EE is amended by adding an entry, in
alphabetical order, for ``Louisiana'' to paragraph 1., to read as
follows:
Appendix A to Subpart EE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations
1. * * *
Louisiana
* * * * *
0
5. Appendix A to Subpart EEEE is amended by adding an entry, in
alphabetical order, for ``Louisiana'' under the introductory text to
read as follows:
Appendix A to Subpart EEEE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations
* * * * *
Louisiana
[FR Doc. E7-18962 Filed 9-27-07; 8:45 am]
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