
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Rules and Regulations]
[Pages 23425-23428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0132; FRL-9945-09-Region 6]


Approval and Promulgation of Implementation Plans; State of 
Louisiana; Revisions to the State Implementation Plan; Fee Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct 
final action to approve revisions to the Louisiana State Implementation 
Plan (SIP) related to the Fee Regulations section of the Louisiana SIP 
that were submitted by the State of Louisiana on February 23, 2016. The 
EPA has evaluated the SIP submittal from Louisiana and determined these 
revisions are consistent with the requirements of the Clean Air Act 
(Act or CAA). The EPA is approving this action under section 110 of the 
Act.

DATES: This rule is effective on June 20, 2016 without further notice, 
unless the EPA receives relevant adverse comment by May 23, 2016. If 
the EPA receives such comment, the 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 No. EPA-R06-OAR-
2016-0132, at http://www.regulations.gov or via email to 
donaldson.tracie@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Tracie Donaldson, 214-
665-6633, donaldson.tracie@epa.gov. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214-665-6633, 
donaldson.tracie@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Tracie Donaldson or Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires States to develop and submit to the 
EPA a SIP to ensure that State air quality meets National Ambient Air 
Quality Standards. These ambient standards currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. The 
EPA

[[Page 23426]]

approved SIP regulations and control strategies are federally 
enforceable.

B. SIP Revision Submitted on February 23, 2016

    The EPA first approved the Louisiana fee regulations into the 
Louisiana SIP on March 8, 1989. See 54 FR 09795. Since that date, the 
Louisiana fee regulations have been revised numerous times, but the SIP 
itself has not been updated. In order to address the gap between the 
SIP-approved fee regulations and the existing State fee regulations, 
the Louisiana Department of Environment Quality (LDEQ) submitted a 
revision to the Louisiana SIP in a letter dated February 23, 2016 that 
included regulations revised from 9/20/1988 through 4/20/2011; this 
submittal replaces the current SIP-approved permit fee program 
provisions found in Chapters 2 and 65 and replaces them with the 
current provisions included in the submittal for Chapter 2 which relate 
to the State's air program. In particular, the LDEQ submitted revisions 
for the inclusion of Louisiana Administrative Code (LAC) 33:III 
Sections 201-221 into the Louisiana SIP, with the exception of LAC 
33:III.211(B)(15) which applies solely to fees for title V permitting. 
The submitted sections provide the state's authority to assess, collect 
and enforce the permitting fee program.

II. The EPA's Evaluation

    As detailed in the Technical Support Document (TSD) accompanying 
this action, the LDEQ submitted a proposed SIP revision to the title I 
fee regulations requesting a repeal of the current SIP-approved permit 
fee program and replacement with the submitted proposed revisions for 
revised fee regulations containing a new fee schedule and associated 
provisions specific to the State's air program. Sections 201 through 
221 of Chapter 2 establish the state's authority to assess, collect and 
enforce a fee permitting program to adequately fund air pollution 
permitting activities in Louisiana. The EPA has reviewed the submitted 
revisions and determined that the submitted revised fee program is 
consistent with the general requirements at CAA section 110(a)(2)(E)(i) 
to provide necessary assurances that the State will have adequate 
funding to carry out the provisions of the Louisiana SIP as it pertains 
to major and minor source Title I permitting, and with CAA section 
110(a)(2)(L) that requires states to charge necessary fees for the 
development and implementation of major source Title I permits. The 
proposed revisions included in the February 23, 2016, SIP submittal 
more accurately represent the current fee structure than the previously 
approved SIP, which was approved by the EPA on March 8, 1989. Based on 
our evaluation of the fee assessment provisions submitted, we find the 
submitted repeal of Chapters 2 and 65 and replacement with Chapter 2 
sections 201 through 221 [with the exception of LAC 33:III.211(B)(15)] 
establishing fee requirements for permits is consistent with sections 
110(a)(2)(E)(i) and 110(a)(2)(L) of the CAA.
    Under section 110(l) of the CAA, the EPA can only approve a 
revision to an implementation plan after it has been adopted by a State 
after reasonable notice and public hearing. The proposed SIP revision 
was published in the Louisiana Register on December 20, 2015. No 
request was made for a public hearing and no adverse comments were 
received by LDEQ. We find that the submitted revision satisfies the 
public notice requirements under section 110(l). Further under section 
110(l), the EPA cannot approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment, 
maintenance and reasonable further progress. The LDEQ has submitted a 
repeal of the existing SIP-approved fee regulations that include a 
specific fee schedule with detailed dollar amounts for specified 
permitting activities. In place of the repealed regulations, the LDEQ 
has submitted regulations that enable the state to assess and collect 
fees sufficient to implement the title I permitting program. Title I 
does not require SIPs to include a specific fee schedule or dollar 
amount for permitting activities; the EPA also does not have a 
presumptive minimum that we believe is sufficient for implementing a 
title I program. Rather, our analysis of the approvability of a title I 
fee program is based on determining whether the state has the adequate 
legal authority to assess, collect and enforce the fees determined by 
the state as necessary for implementation and whether the state has the 
ability to revise these fees into the future in order to continue to 
implement the title I program. Our analysis indicates the submitted fee 
regulations provide the State of Louisiana with the necessary authority 
to assess, collect and enforce permitting fees sufficient to implement 
the title I permitting program. The proposed revisions are 
administrative in nature and will not affect emissions and will also 
not interfere with requirements of the CAA related to the proposed 
revisions. We propose to find that the submitted fee regulations to 
support this required program will further the state's air quality 
goals and will not interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in section 7501 
of this title), or any other applicable requirement of this chapter.

III. Final Action

    For the reasons stated above and in the TSD, the EPA is taking 
direct final action to approve revisions to the Louisiana SIP 
pertaining to title I fees. Specifically, the EPA is removing the 
current SIP-approved fee program in Chapters 2 and 65 and approving in 
its place the revised Louisiana fee program at Chapter 2 sections 201 
through 221, and submitted as a revision to the Louisiana SIP on 
February 23, 2016.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no 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 this SIP revision if relevant adverse 
comments are received. This rule will be effective on June 20, 2016 
without further notice unless we receive relevant adverse comment by 
May 23, 2016. 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 relevant 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

IV. 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.

[[Page 23427]]

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 merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 20, 2016. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 6, 2016.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.970, the table in paragraph (c) is amended by:
0
a. Adding entries for ``Sections 201, 203, 205, 207, 209, 211, 213, 
215, 217, 219, and 221''.
0
b. Removing the entry for ``Section 223'', the center heading ``Chapter 
65--Rules and Regulations for the Fee System of the Air Quality Control 
Programs'' and the entries for ``Sections 6501, 6503, 6505, 6507, 6509, 
6511, 6513, 6515, 6517, 6519, 6521, and 6523''.
    The additions read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                                  EPA Approved Regulations in the Louisiana SIP
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                                                       State approval
         State citation              Title/subject          date         EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr--------------------------------------------------------------------------------
             Chapter 2--Rules and Regulations for the Fee System of the Air Quality Control Programs
----------------------------------------------------------------------------------------------------------------
Section 201....................  Scope and Purpose...      10/20/1993  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 203....................  Authority...........       9/20/1988  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 205....................  Definitions.........       9/20/1988  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 207....................  Application Fees....       2/20/2000  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].

[[Page 23428]]

 
Section 209....................  Annual Fees.........       2/20/2000  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 211....................  Methodology.........       4/20/2011  4/21/2016 [Insert     SIP does NOT
                                                                        Federal Register      include LAC
                                                                        citation].            33:III.211.B.15.
Section 213....................  Determination of Fee       9/20/1988  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 215....................  Method of Payment...      10/20/2009  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 217....................  Late Payment........       3/20/1999  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 219....................  Failure to Pay......       3/20/1999  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 221....................  Effective Date......       9/20/1988  4/21/2016 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
 
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[FR Doc. 2016-09066 Filed 4-20-16; 8:45 am]
BILLING CODE 6560-50-P


