[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Rules and Regulations]
[Pages 60292-60295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21248]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0688; FRL-9955-02-R6]


Air Plan Approval; Louisiana; Repeal of Excess Emissions Related 
Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) submitted by the State of Louisiana, through 
the Louisiana Department of Environmental Quality (LDEQ), on November 
20, 2016. The submittal is in response to the EPA's national SIP call 
on June 12, 2015, concerning excess emissions during periods of 
Startup, Shutdown, and Malfunction (SSM). EPA is approving the SIP 
submittal and finds that the SIP

[[Page 60293]]

revision corrects certain deficiencies identified in the June 12, 2015, 
SIP call.

DATES: This rule is effective on November 4, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0688. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Regional Haze and 
SO2 Section, EPA Region 6 Office, 1201 Elm Street, Suite 
500, Dallas, Texas 75270, (214) 665-6691, [email protected]. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 6 office may be closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

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

I. Background

    The background for this action is discussed in detail in our July 
22, 2022 (87 FR 43760) proposal. In that document, we proposed to 
approve the removal of LAC 33:III.1107(A), LAC 33:III.1507(A), LAC 
33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 33:III.2307(C)(1)(a), and 
LAC 33:III.2307(C)(2)(a) from the Louisiana SIP. We also proposed to 
determine that such SIP revision corrects substantial inadequacies 
identified in the June 12, 2015 SIP call.

II. Response to Comments

    The public comment period for our proposed approval and 
determination ended on August 22, 2022, and no adverse comments were 
received. We received a comment letter supporting the action and urging 
EPA to take action on a separate SIP submittal concerning LAC 
33:III.2201(C)(8) of the Louisiana SIP.
    We acknowledge the support for our proposal and note that while LAC 
33:III.2201(C)(8) of the Louisiana SIP was not the subject of our July 
22, 2022 (87 FR 43760) proposal, the EPA intends to fulfill its 
obligations under the terms of a consent decree for taking action on 
the Louisiana SIP submittal concerning LAC 33:III.2201(C)(8).\1\
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    \1\ See Consent Decree resolving Sierra Club et al. v. Regan 
(Case No. 4:21-CV-6956-SBA, N.D. Calif.).
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    We also received numerous comment letters from the public as part 
of an effort organized by the Sierra Club that urged EPA to take action 
to close SSM ``loopholes.'' The commenters state that these SSM 
loopholes allow large amounts of pollution and that elimination of the 
loopholes will largely benefit Black, Latino, and Indigenous 
communities. These comments addressed SSM in general and did not 
include any specific comments on this rulemaking, which is focused on 
EPA's approval of the State's request to remove certain exemptions from 
the Louisiana SIP. With the removal of these provisions, sources in the 
State will no longer be able to use the repealed exemptions and will 
have greater incentives to control their air emissions.
    EPA recognizes that certain communities are disproportionately 
impacted by environmental harms and risks. EPA is working to address 
disproportionate impacts in our programs to the greatest extent allowed 
by federal law. EPA is committed to our mission to protect human health 
and the environment by ensuring that federal laws protecting human 
health and the environment are administered and enforced fairly, 
effectively, and as Congress intended, including through EPA's 
oversight role in the implementation of the CAA. For example, the EPA 
has committed to address environmental justice concerns by conducting a 
Multi-Scale Monitoring Project. This project includes unannounced 
inspections, sampling, and air monitoring in priority areas. More about 
the Multi-Scale Monitoring Project can be found at https://www.epa.gov/newsreleases/epa-administrator-regan-announces-bold-actions-protect-communities-following-journey.
    As no specific concerns were raised in public comment regarding 
this rulemaking action, we are finalizing our action as proposed.

III. Final Action

    The EPA is approving a revision to the Louisiana SIP submitted by 
LDEQ on November 22, 2016, in response to EPA's national SIP call of 
June 12, 2015 concerning excess emissions during periods of SSM. More 
specifically, we are approving the removal of LAC 33:III.1107(A), LAC 
33:III.1507(A), LAC 33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 
33:III.2307(C)(1)(a), and LAC 33:III.2307(C)(2)(a) from the Louisiana 
SIP. We are approving these revisions in accordance with section 110 of 
the Act. The EPA is also determining that this SIP revision corrects 
deficiencies identified in the June 12, 2015 SIP call related to the 
above-referenced provisions.

IV. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' \2\
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    \2\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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    EPA provided additional analysis of environmental justice 
associated with this action for the purpose of providing information to 
the public in our July 22, 2022 (87 FR 43760) proposal. As discussed in 
the proposed action, we believe that this proposed action will be 
beneficial to all population groups within Louisiana and may reduce 
impacts. Exemptions for excess emissions during periods of SSM 
undermine the ability of the SIP to attain and maintain the NAAQS, to 
protect Prevention of Significant Deterioration increments, to improve 
visibility and to meet other CAA requirements. Such exemption 
provisions have the potential to lessen the incentive for development 
of control strategies that are effective at reducing emissions during 
certain modes of sources' operations such as startups and shutdowns or 
to take prompt steps to rectify malfunctions. Removal of these 
exemption provisions from the Louisiana SIP will bring the treatment of 
excess emissions in the SIP into line

[[Page 60294]]

with CAA requirements; thus, sources in the State will no longer be 
able to use the repealed exemptions and will have greater incentives to 
control their air emissions. We therefore determine that this rule will 
not have disproportionately high or adverse human health or 
environmental effects on communities with environmental justice 
concerns.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is removing the incorporation by reference of LAC 
33:III.1107(A), LAC 33:III.1507(A), LAC 33:III.1507(B), LAC 
33:III.2153(B)(1)(i), LAC 33:III.2307(C)(1)(a), and LAC 
33:III.2307(C)(2)(a) in 40 CFR 52.970, as described in the Final Action 
above. The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for removal from the SIP, have been removed from 
incorporation by reference by EPA into that plan, are no longer 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of the EPA's approval, and the 
incorporation by reference will be removed in the next update to the 
SIP compilation.

VI. 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 December 5, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 26, 2022.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 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. Amend Sec.  52.970 in the table in paragraph (c) titled ``EPA 
Approved Louisiana Regulations in the Louisiana SIP'' as follows:
0
a. Under ``Chapter 11--Control of Emissions From Smoke,'' remove the 
entry for ``Section 1107.A Exemptions'';
0
b. Under ``Chapter 15--Emission Standards for Sulfur Dioxide,'' remove 
the entry for ``Section 1507 Exceptions, Startup provisions, Online 
Operating Adjustments, and Bubble Concept'';
0
c. Under ``Chapter 21--Control of Emissions of Organic Compounds,'' 
under ``Subchapter M. Limiting Volatile Organic Compound Emissions from 
Industrial Wastewater,'' revise the entry for ``Section 2153.B., 
2153.B.1.d. -d.ii., 2153.B.3.-4.b Control Requirements``;
0
d. Under ``Chapter 23--Control of Emissions from Specific Industries,'' 
remove the entry for ``Subchapter D. Emission Standards for the Nitric 
Acid Industry.''
    The revision reads as follows:


Sec.  52.970  Identification of plan.

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    (c) * * *

[[Page 60295]]



                                    EPA Approved Regulations in Louisiana SIP
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                                                        State approval
          State citation              Title/subject          date        EPA approval date         Comments
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                                LAC Title 33. Environmental Quality Part III. Air
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                              Chapter 21--Control of Emissions of Organic Compounds
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                                                  * * * * * * *
              Subchapter M. Limiting Volatile Organic Compound Emissions from Industrial Wastewater
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                                                  * * * * * * *
Section 2153.B., 2153.B.1.d. -     Control              5/20/1999, 10/  7/5/2011, 76 FR      Section 2153.B.1.i
 d.ii., 2153.B.3.-4.b.              Requirements.              20/2016   38977, 10/5/2022     is no longer in
                                                                         [Insert Federal      SIP, 10/5/2022.
                                                                         Register
                                                                         citation]..
 
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[FR Doc. 2022-21248 Filed 10-4-22; 8:45 am]
BILLING CODE 6560-50-P


