Rule2022-21248
Air Plan Approval; Louisiana; Repeal of Excess Emissions Related Provisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 5, 2022
Effective
November 4, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 revision corrects certain deficiencies identified in the June 12, 2015, SIP call.
Full Text
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<title>Federal Register, Volume 87 Issue 192 (Wednesday, October 5, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Regional Haze and
SO<INF>2</INF> Section, EPA Region 6 Office, 1201 Elm Street, Suite
500, Dallas, Texas 75270, (214) 665-6691, <a href="/cdn-cgi/l/email-protection#aefdc6cfdc80cfc2cfc0eecbdecf80c9c1d8"><span class="__cf_email__" data-cfemail="da89b2bba8f4bbb6bbb49abfaabbf4bdb5ac">[email protected]</span></a>. 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 <a href="https://www.epa.gov/newsreleases/epa-administrator-regan-announces-bold-actions-protect-communities-following-journey">https://www.epa.gov/newsreleases/epa-administrator-regan-announces-bold-actions-protect-communities-following-journey</a>.
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\ <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
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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 <a href="http://www.regulations.gov">www.regulations.gov</a> (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.
* * * * *
(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
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