

[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Rules and Regulations]               
[Page 55064-55068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se07-12]                         

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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 
wiley.adina@epa.gov.


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
----------------------------------------------------------------------------------------------------------------
                                                       State approval
         State citation              Title/subject          date        EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                  EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     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.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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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