[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24715-24716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09625]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0604; FRL-10023-14-Region 6]


Air Plan Approval; Louisiana; Infrastructure State Implementation 
Plan Requirements for the National Ambient Air Quality Standards

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 the State 
Implementation Plan (SIP) submittal from Louisiana submitted on 
November 4, 2020 for the 2015 ozone, as well as the 2006 
PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur 
dioxide and the 2012 PM2.5 National Ambient Air Quality 
Standards. This submittal addresses how the existing SIP contains 
adequate provisions prohibiting emissions which interfere with required 
measures in any other State to protect visibility with respect to the 
2015 ozone NAAQS as well as the 2006 PM2.5, 2008 ozone, 2010 
nitrogen dioxide, 2010 sulfur dioxide and the 2012 PM2.5 
NAAQS.

DATES: This rule is effective on June 9, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0604. 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: Jennifer Huser, EPA Region 6 Office, 
Air and Radiation Division--State Planning and Implementation Branch, 
214-665-7347, huser.jennifer@epa.gov. Out of an abundance of caution 
for members of the public and our staff, the EPA Region 6 office will 
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 
February 22, 2021 proposal (86 FR 10509). In that document we proposed 
to approve the State Implementation Plan (SIP) submittal from Louisiana 
submitted on November 4, 2020 for the 2015 ozone (O3), 2006 
PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur 
dioxide and the 2012 PM2.5 National Ambient Air Quality 
Standards (NAAQS). This submittal addresses Prong 4 of the CAA (also 
referred to as visibility transport) that requires states to 
demonstrate that their SIP contains adequate measures that prohibit 
emissions from any source within a state from interfering with the 
visibility protection measures of other states. The submittal addresses 
how the existing SIP contains adequate provisions to meet the 
requirements with respect to the 2015 ozone NAAQS as well as the 2006 
PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur 
dioxide and the 2012 PM2.5 NAAQS, as Louisiana now has a 
fully approved Regional Haze SIP. We did not receive any comments 
regarding our proposal.

II. Final Action

    We are approving the SIP revision submitted on November 4, 2020 
which addresses the Prong 4 requirements for the following NAAQS: 2015 
Ozone, 2006 PM2.5, 2008 Ozone, 2010 Nitrogen dioxide, 2010 
Sulfur Dioxide, and the 2012 PM2.5. This action is being 
taken under section 110 of the Act.

III. 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:

[[Page 24716]]

     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. EPA will submit a report containing this action 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 July 9, 2021. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Visibility transport.

    Dated: April 30, 2021.
David Gray,
Acting 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(e) by adding the entry ``Visibility Transport SIP 
for the 2015 ozone, 2012 PM2.5, 2010 NO2, 2010 
SO2, 2008 ozone and 2006 PM2.5 NAAQS'' at the end 
of the second table titled ``EPA Approved Louisiana Nonregulatory 
Provisions and Quasi-Regulatory Measures'' to read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (e) * * *

                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                                        State submittal
     Name of SIP provision       Applicable geographic  date/ effective    EPA approval         Explanation
                                 or nonattainment area        date             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Visibility Transport SIP for    Statewide.............        11/4/2020  5/10/2021,        Adequate provisions
 the 2015 ozone, 2012 PM2.5,                                              [Insert Federal   prohibiting
 2010 NO2, 2010 SO2, 2008                                                 Register          emissions which
 ozone and 2006 PM2.5 NAAQS.                                              citation].        interfere with
                                                                                            visibility
                                                                                            protection measures
                                                                                            in any other State
                                                                                            with respect to the
                                                                                            2015 ozone, 2012
                                                                                            PM2.5, 2010 NO2,
                                                                                            2010 SO2, 2008 ozone
                                                                                            and 2006 PM2.5
                                                                                            NAAQS.
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Sec.  52.996  [Amended]

0
3. Remove and reserve Sec.  52.996(b).

[FR Doc. 2021-09625 Filed 5-7-21; 8:45 am]
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