Approval and Promulgation of Implementation Plans; States of Arkansas and Louisiana; Clean Air Interstate Rule State Implementation Plan Revisions, 21631-21636 [2014-08647]

Download as PDF Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations environment. This rule involves establishing a temporary safety zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Coast Guard, Coast Guard Auxiliary, and local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) In accordance with general regulations in 33 CFR part 165, subpart C, entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated representative. (2) Mariners requesting permission to transit through the safety zone may request authorization to do so from the Captain of the Port designated representative, who can be reached on VHF–FM Channel 16. (3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated representative. (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. (5) The Coast Guard may be assisted by other federal, state, or local agencies. 2. Add § 165.T11–621 to read as follows: § 165.T11–621 Safety zone; Lucas Oil Drag Boats Racing Series; Lake Havasu City, AZ. wreier-aviles on DSK5TPTVN1PROD with RULES ■ Dated: March 4, 2014. S.M. Mahoney, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2014–08788 Filed 4–16–14; 8:45 am] (a) Location. The safety zone includes the waters of Thompson Bay encompassed by drawing a line from point to point along the following coordinates: Northern Zone line: 34°27′57.96″ N, 114°20′48.49″ W 34°27′57.71″ N, 114°20′49.75″ W North West Zone Line: 34°27′07.99″ N, 114°21′09.93″ W 34°26′51.99″ N, 114°21′03.83″ W South Zone Line: 34°27′07.99″ N, 114°21′09.93″ W 34°26′51.99″ N, 114°21′03.83″ W (b) Enforcement Period. This section is effective from 7 a.m. on May 2, 2014, until 7 p.m. on May 4, 2014. It will be enforced from 7 a.m. to 7 p.m. each day (May 2nd, May 3rd, and May 4th, 2014). Before the effective period, the Coast Guard will publish a Local Notice to Mariners (LNM). If the event concludes prior to the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Definitions. The following definition applies to this section: Designated representative, means any commissioned, warrant, or petty officer of the Coast Guard on land or on board VerDate Mar<15>2010 14:50 Apr 16, 2014 Jkt 232001 BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2009–0594; FRL–9909–56Region 6] Approval and Promulgation of Implementation Plans; States of Arkansas and Louisiana; Clean Air Interstate Rule State Implementation Plan Revisions Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking a direct final action to approve revisions submitted to the applicable State Implementation Plans (SIPs) addressing the requirements of EPA’s Clean Air Interstate Rule (CAIR) for Arkansas and Louisiana. EPA is approving revisions to the CAIR NOX Ozone Season allocation methodology submitted by the State of Arkansas as revisions to the Arkansas SIP on September 16, 2009. EPA is also approving revisions to the CAIR NOX Annual and Ozone Season Abbreviated SUMMARY: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 21631 SIP for the annual and ozone season NOX allocation methodologies and the CAIR SO2 SIP submitted by the State of Louisiana as revisions to the Louisiana SIP on July 1, 2009. EPA has evaluated the CAIR SIP revisions for Arkansas and Louisiana and determined these revisions to be consistent with the requirements of CAIR and the Clean Air Act (Act or CAA). This action is being taken under section 110 of the Act. DATES: This direct final rule is effective on June 16, 2014 without further notice, unless EPA receives relevant adverse comment by May 19, 2014. If EPA receives such comment, 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 ID No. EPA–R06– OAR–2009–0594, by one of the following methods: (1) www.regulations.gov: Follow the on-line instructions. (2) Email: Ms. Adina Wiley at wiley.adina@epa.gov. (3) Mail or Delivery: Ms. Adina Wiley, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2009– 0594. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through https://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD– ROM submitted. If EPA cannot read your comment due to technical difficulties and cannot contact you for E:\FR\FM\17APR1.SGM 17APR1 21632 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. 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). To inspect the hard copy materials, please schedule an appointment with the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214–665–7253. FOR FURTHER INFORMATION CONTACT: If you have questions concerning today’s direct final action, please contact Ms. Adina Wiley (6PD–R), Air Permits Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue (6PD–R), Suite 1200, Dallas, Texas 75202–2733, telephone (214) 665–2115; email address wiley.adina@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Table of Contents I. Regulatory History of CAIR II. General Requirements of CAIR III. Analysis of the Arkansas September 16, 2009, CAIR SIP Revision IV. Analysis of the Louisiana July 1, 2009, CAIR SIP Revision V. Final Action VI. Statutory and Executive Order Reviews wreier-aviles on DSK5TPTVN1PROD with RULES I. Regulatory History of CAIR EPA published CAIR on May 12, 2005 (70 FR 25162). In CAIR, EPA determined that 28 states and the District of Columbia contribute significantly to nonattainment and interfere with maintenance of the 1997 national ambient air quality standards (NAAQS) for fine particles (PM2.5) and/ or the 1997 8-hour ozone NAAQS in downwind states in the eastern part of the country. As a result, EPA required those upwind states to revise their SIPs to include control measures that reduce emissions of sulfur dioxide (SO2), which is a precursor to PM2.5 formation, and/ or nitrogen oxides (NOX), which is a precursor to both ozone and PM2.5 VerDate Mar<15>2010 14:50 Apr 16, 2014 Jkt 232001 formation. For jurisdictions that contribute significantly to downwind PM2.5 nonattainment, CAIR sets annual state-wide emission reduction requirements (i.e., budgets) for SO2 and NOX. Similarly, for jurisdictions that contribute significantly to 8-hour ozone nonattainment, CAIR sets state-wide emission budgets for NOX for the ozone season (May 1st to September 30th). Under CAIR, states may implement these reduction requirements by participating in the EPA-administered cap-and-trade programs or by adopting any other control measures. Additionally, on April 28, 2006, EPA published two additional CAIR-related final rules that added the states of Delaware and New Jersey to the list of states subject to CAIR for 1997 PM2.5 and announced EPA’s final decisions on reconsideration of five issues, without making any substantive changes to the CAIR requirements. On October 19, 2007, EPA amended CAIR to clarify the definition of ‘‘cogeneration unit’’ and, thus, the applicability of the CAIR trading program to cogeneration units. EPA was sued by a number of parties on various aspects of CAIR, and on July 11, 2008, the D.C. Circuit Court found CAIR unlawful. North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008). The Court’s original decision vacated CAIR. Id. at 929–30. However, the Court subsequently remanded CAIR to EPA without vacatur because it found that allowing CAIR to remain in effect until it is replaced would preserve the environmental values covered by CAIR. On August 8, 2011, EPA finalized its Cross State Air Pollution Rule (CSAPR) (Transport Rule) intended to replace the remanded CAIR. However, on August 21, 2012, the D.C. Circuit issued a decision vacating the Transport Rule. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012). The Court again ordered EPA to continue implementing CAIR in the interim pending promulgation of a replacement rule. Subsequently, the Supreme Court granted the United States’ petition for certiorari and agreed to review the D.C. Circuit’s decision in EME Homer City, and held oral arguments on December 10, 2013. A decision is currently pending. In the meantime, EPA intends to act in accordance with the D.C. Circuit’s instruction in EME Homer City to continue implementing CAIR. CAIR requirements are in place, its regional control programs are operating while EPA develops replacement rules in response to the pertinent court decisions, and CAIR requirements remain in effect for Arkansas and Louisiana. The instant actions have no PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 impact on the legal status of CAIR or CSAPR. II. General Requirements of CAIR CAIR establishes State-wide emission budgets for SO2 and NOX and is to be implemented in two phases. The first phase of NOX reductions started in 2009 and continues through 2014, while the first phase of SO2 reductions started in 2010 and continues through 2014. The second phase of reductions for both NOX and SO2 starts in 2015 and continues thereafter. CAIR requires States to implement the budgets by either: (1) requiring EGUs to participate in the EPA-administered cap-and-trade programs; or (2) adopting other control measures of the State’s choosing and demonstrating that such control measures will result in compliance with the applicable State SO2 and NOX budgets. The May 12, 2005 and April 28, 2006, CAIR rules provide model rules that States must adopt (with certain limited changes, if desired) if they want to participate in the EPA-administered trading programs. With two exceptions, only States that choose to meet the requirements of CAIR through methods that exclusively regulate EGUs are allowed to participate in the EPAadministered trading programs. One exception is for States that adopt the opt-in provisions of the model rules to allow non-EGUs individually to opt into the EPA-administered trading programs. The other exception applies to States that choose to include all non-EGUs from their NOX SIP Call trading programs in their CAIR NOX ozone season trading programs.1 States have the flexibility to choose the type of control measures they use to meet the requirements of CAIR. EPA anticipated that most States would choose to meet the CAIR requirements by selecting an option that requires EGUs to participate in the EPAadministered CAIR cap-and-trade programs. For such States, EPA provides two approaches for submitting and obtaining approval for CAIR SIP revisions. States may submit full SIP revisions that adopt the model CAIR cap-and-trade rules. If approved, these SIP revisions fully replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP revisions. These SIP revisions do not replace the CAIR FIPs; however, the CAIR FIPs provide that, when approved, the provisions in these abbreviated SIP revisions be used 1 Arkansas and Louisiana did not adopt opt-in provisions in the original CAIR SIP submittals. Arkansas and Louisiana are not subject to the NOX SIP Call. Therefore, the Arkansas and Louisiana CAIR regulations only pertain to EGUs. E:\FR\FM\17APR1.SGM 17APR1 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations instead of or in conjunction with, as appropriate, the corresponding provisions of the CAIR FIPs (e.g., the NOX allowance allocation methodology). wreier-aviles on DSK5TPTVN1PROD with RULES III. Analysis of the Arkansas September 16, 2009, CAIR SIP Revision EPA approved the Arkansas CAIR NOX Ozone Season SIP on September 26, 2007, as fully implementing the requirements of the CAIR NOX Ozone Season Program by requiring certain EGUs to participate in the EPAadministered CAIR cap-and-trade program for NOX ozone season emissions. See 72 FR 54556. Subsequent to our full approval of the Arkansas CAIR NOX ozone season SIP and the withdrawal of the CAIR NOX ozone season FIP for Arkansas, the Arkansas Department of Environmental Quality (ADEQ) submitted on September 16, 2009, one revision to the Arkansas SIP for the CAIR NOX Ozone Season program. The September 16, 2009, SIP submittal includes revisions to the CAIR NOX Ozone Season incorporation by reference dates at Regulation 19.1401 and the allocation methodology at Regulation 19.1404 adopted by the Arkansas Pollution Control and Ecology Commission on December 5, 2008 and June 26, 2009. Because we have already approved the underlying Arkansas CAIR NOX ozone season program as satisfying the minimum requirements of CAIR, EPA will only evaluate the revisions submitted to the Arkansas CAIR NOX ozone season SIP. A. Revisions to Regulation 19.1401 The ADEQ submitted a revision to the incorporation by reference date of the CAIR NOX Ozone Season program at Regulation 19.1401—Adoption of Regulations. In this section, the ADEQ incorporates the requirements of 40 CFR Part 96, Subparts AAAA—HHHH for the CAIR NOX Ozone Season Trading Program, as finalized by the EPA on May 12, 2005, and further revised on April 28, 2006, December 13, 2006 and October 19, 2007. EPA finds that the ADEQ correctly updated the CAIR applicability to address the revisions made to the definition of cogeneration units on October 19, 2007. EPA is approving this revision to the incorporation by reference date as consistent with the requirements of CAIR. B. Revisions to Regulation 19.1404 The ADEQ submitted revisions to the Arkansas CAIR NOX Ozone Season allocation methodology at Regulation 19.1404—CAIR NOX Ozone Season Allowance Allocations. EPA has VerDate Mar<15>2010 14:50 Apr 16, 2014 Jkt 232001 previously SIP-approved Regulation 19.1404 as replacing the federal allocation methodology at 40 CFR Part 96, Subpart EEEE. The underlying allocation methodology remains unchanged, but the ADEQ has adopted and submitted non-substantive revisions to update cross-references and abbreviations. EPA is approving these non-substantive revisions as necessary to improve clarity and functionality of the rule. IV. Analysis of the Louisiana July 1, 2009, CAIR SIP Revision A. Revisions to the Louisiana CAIR NOX Annual and NOX Ozone Season Abbreviated SIP EPA approved the Louisiana CAIR NOX Annual and NOX Ozone Season Abbreviated SIP revision on September 28, 2007. See 72 FR 55064. In that action, we evaluated the NOX Annual and NOX Ozone Season allocation methodologies, found them to be consistent with the requirements of the CAIR NOX Annual and NOX Ozone Season programs, and determined that the Louisiana allocation methodology was sufficient to replace the CAIR NOX Annual and NOX Ozone Season FIP allocation methodologies. Since our September 28, 2007 approval of the Louisiana abbreviated CAIR NOX Annual and NOX Ozone Season SIP revision, the LDEQ adopted and submitted on July 1, 2009, one revision to the Louisiana SIP to revise the NOX annual and NOX ozone season allocation methodologies at LAC 33:III.506.A and 506.B. Generally, the July 1, 2009, submittal updates the citations to address the October 19, 2007 revisions to CAIR for cogenerators; revises and adds definitions to the CAIR NOX annual and NOX ozone season allocation methodologies; and revises the allocation methodology provisions as a result of comments and experience to promote more equitable distribution of allowances specific to the Louisiana regulated EGUs. 1. Revisions to LAC 33:III.506.A—CAIR NOX Annual Program The LDEQ submitted revisions to the CAIR NOX Annual Abbreviated SIP at LAC 33:III.506(A) Clean Air Interstate Rule Requirements—Nitrogen Oxide Annual Program. The LDEQ has revised the introductory paragraph to state that the requirements of 40 CFR Part 97, Subparts AA—HH for the CAIR NOX Annual Trading Program, as revised on October 19, 2007, continue to apply, except as modified by the Louisiana CAIR NOX Annual abbreviated SIP. The abbreviated SIP revision for NOX PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 21633 Annual Allocation methodology at LAC 33.III.506(A) will continue to replace the requirements at 40 CFR 97.141 and 97.142 regarding Timing Requirements for CAIR NOX Allowance Allocations and CAIR NOX Allowance Allocations. EPA finds that the LDEQ correctly updated the CAIR applicability to address the revisions made to the definition of cogeneration units on October 19, 2007. EPA is approving this revision to LAC 33:III.506(A) as consistent with the requirements of CAIR. The LDEQ also submitted revisions to the Louisiana CAIR NOX Annual Allocation Methodology. These revisions are implemented through new and amended definitions applicable to the Louisiana CAIR NOX Annual program at LAC 33:III.506(A)(1) and the provisions establishing the allocation calculations at LAC 33:III.506(A)(2). Combined, these revisions modify the Louisiana CAIR NOX annual allocation methodology to distribute allowances to certified and utility units in a manner found to be more equitable by the state and add provisions to address allocations to repowered units. The submitted revisions did not revise any of the SIP-approved requirements for submittal of the allocations to EPA or revise the NOX Annual budget for Louisiana. EPA is approving these revisions because we find that the LDEQ has tailored the CAIR NOX Annual allocation methodology to be reflective of Louisiana-specific circumstances, as is the state’s prerogative under the CAIR SIP provisions at 40 CFR 51.123(p)(1). 2. Revisions to LAC 33:III.506.B—CAIR NOX Ozone Season Program The LDEQ submitted revisions to the incorporation by reference date of the CAIR NOX Ozone Season Abbreviated SIP at LAC 33:III.506(B) Clean Air Interstate Rule Requirements—Nitrogen Oxide Ozone Season Program. The LDEQ has revised the introductory paragraph to state that the requirements of 40 CFR Part 97, Subparts AAAA— HHHH for the CAIR NOX Ozone Season Trading Program, as revised on October 19, 2007, continue to apply, except as modified by the Louisiana CAIR NOX Ozone Season abbreviated SIP. The abbreviated SIP revision for NOX Ozone Season Allocation methodology at LAC 33.III.506(B) will continue to replace the requirements at 40 CFR 97.341 and 97.342 regarding Timing Requirements for CAIR NOX Ozone Season Allowance Allocations and CAIR NOX Ozone Season Allowance Allocations. EPA finds that the LDEQ correctly updated the CAIR applicability to address the revisions made to the definition of E:\FR\FM\17APR1.SGM 17APR1 21634 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations cogeneration units on October 19, 2007. EPA is approving this revision to LAC 33:III.506(B) as consistent with the requirements of CAIR. The LDEQ also submitted revisions to the Louisiana CAIR NOX Ozone Season Allocation Methodology. These revisions are implemented through new and amended definitions applicable to the Louisiana CAIR NOX Ozone Season program at LAC 33:III.506(B)(1) and the provisions establishing the allocation calculations at LAC 33:III.506(B)(2). Combined, these revisions modify the Louisiana CAIR NOX ozone season allocation methodology to distribute allowances to certified and utility units in a manner found to be more equitable by the state and add provisions to address allocations to repowered units. The submitted revisions did not revise any of the SIP-approved requirements for submittal of the allocations to EPA or revise the NOX Ozone Season budget for Louisiana. EPA is approving these revisions because we find that the LDEQ has tailored the CAIR NOX Ozone Season allocation methodology to be reflective of Louisiana-specific circumstances, as is the state’s prerogative under the CAIR SIP provisions at 40 CFR 51.123(ee)(2). B. Revisions to the Louisiana CAIR SO2 Program On July 20, 2007, EPA approved the Louisiana CAIR SO2 SIP as fully implementing the annual SO2 requirements of CAIR by requiring certain EGUs to participate in the EPAadministered CAIR cap-and-trade program for SO2 emissions. See 72 FR 39741. wreier-aviles on DSK5TPTVN1PROD with RULES 1. Revisions to LAC 33:III.506.C—CAIR Annual SO2 Program Subsequent to our full approval of the Louisiana CAIR SO2 SIP and the withdrawal of the CAIR SO2 FIP for Louisiana, the LDEQ submitted on July 1, 2009, a revision to the Louisiana SIP for the CAIR SO2 program. The July 1, 2009, SIP submittal updates the CAIR SO2 program incorporation by reference dates at LAC 33:III.506.C. In this section, the LDEQ incorporates by reference the CAIR SO2 program as published at 40 CFR Part 96 on July 1, 2007 and revised on October 19, 2007 at 72 FR 59190–59207. EPA finds that the LDEQ correctly updated the CAIR SO2 incorporation by reference dates to include the revisions made to the definition of cogeneration units on October 19, 2007. EPA is approving this revision to the incorporation by reference date as consistent with the requirements of CAIR. VerDate Mar<15>2010 14:50 Apr 16, 2014 Jkt 232001 V. Final Action Under section 110 of the Act, and for the reasons stated above, EPA is taking direct final action to approve revisions to the Arkansas and Louisiana SIPs pertaining to CAIR. Specifically, EPA is approving revisions to the Arkansas CAIR NOX Ozone Season Program at Regulation 19.1401 and 19.1404 as adopted on December 5, 2008, and submitted as revisions to the Arkansas SIP on September 16, 2009. EPA is also approving revisions to the Louisiana CAIR NOX Annual and Ozone Season Program for the annual and ozone season NOX allocation methodologies at LAC 33:III.506 (A) and (B) and the Louisiana CAIR SO2 Program at LAC 33:III.506(C) adopted on June 20, 2008, by the State of Louisiana and submitted as revisions to the Louisiana SIP on July 1, 2009. We are approving the revisions to the Arkansas and Louisiana SIPs under section 110 of the Act. We are publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no relevant 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 the SIP revision if relevant adverse comments are received. This rule will be effective on June 16, 2014 without further notice unless we receive relevant adverse comment by May 19, 2014. 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 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. VI. Statutory and Executive Order Reviews Under the Clean Air Act, 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, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 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 Order 12866 (58 FR 51735, October 4, 1993); • 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 Clean Air Act; 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 E:\FR\FM\17APR1.SGM 17APR1 21635 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 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 June 16, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed 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).) PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. List of Subjects in 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. Dated: April 2, 2014. Samuel Coleman, Acting Regional Administrator, Region 6. Subpart E—Arkansas 2. In § 52.170(c), the table titled ‘‘EPAApproved Regulations in the Arkansas SIP’’ is amended by revising the entries for Reg. 19.1401 and Reg 19.1404. ■ § 52.170 * Identification of plan. * * * * (c) * * * 40 CFR Part 52 is amended as follows: EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP State citation State submittal/ effective date Title/Subject * * * EPA approval date * Explanation * * Adoption of Regulations .............. 9/16/2009 * * CAIR NOX Ozone Season Allowance Allocations. * 9/16/2009 * 4/17/2014 [Insert FR page number where document begins].. * * 4/17/2014 [Insert FR page number where document begins].. * Reg. 19.1404 ......... * * Reg. 19.1401 ......... * * * * * * * * * * Louisiana SIP’’ is amended by revising the entries for Sections 506(A), 506(B), and 506(C). * Subpart T—Louisiana § 52.970 * Identification of plan. * * * * (c) * * * 3. In § 52.970(c), the table titled ‘‘EPA Approved Louisiana Regulations in the ■ EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP State approval date State citation Title/Subject * Section 506(A) ...... * * Clean Air Interstate Rule Requirements—Nitrogen Oxide Annual Program. Clean Air Interstate Rule Requirements—Nitrogen Oxide Ozone Season Program. Clean Air Interstate Rule Requirements—Annual Sulfur Dioxide. Section 506(B) ...... wreier-aviles on DSK5TPTVN1PROD with RULES Section 506(C) ...... * * * * * * EPA approval date Explanation * 6/20/2008 * 4/17/2014 [Insert FR page number where document begins]. 6/20/2008 4/17/2014 [Insert FR page number where document begins]. 6/20/2008 4/17/2014 [Insert FR page number where document begins]. * * * [FR Doc. 2014–08647 Filed 4–16–14; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 17:35 Apr 16, 2014 Jkt 232001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1 * * * * * 21636 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 229 CFR Correction In Title 49 of the Code of Federal Regulations, Parts 200 to 299, revised as of October 1, 2013, on page 501, § 229.17 is reinstated to read as follows: Accident reports. (a) In the case of an accident due to a failure from any cause of a locomotive or any part or appurtenance of a locomotive, or a person coming in contact with an electrically energized part or appurtenance, that results in serious injury or death of one or more persons, the carrier operating the locomotive shall immediately report the accident by toll free telephone, Area Code 800–424–0201. The report shall state the nature of the accident, number of persons killed or seriously injured, the place at which it occurred, the location at which the locomotive or the affected parts may be inspected by the FRA, and the name, title and phone number of the person making the call. The locomotive or the part or parts affected by the accident shall be preserved intact by the carrier until after the FRA inspection. (b) Written confirmation of the oral report required by paragraph (a) of this section shall be immediately mailed to the Federal Railroad Administration, RRS–25, Washington, D.C. 20590, and contain a detailed description of the accident, including to the extent known, the causes and the number of persons killed and injured. The written report required by this paragraph is in addition to the reporting requirements of 49 CFR Part 225. [FR Doc. 2014–08931 Filed 4–16–14; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 wreier-aviles on DSK5TPTVN1PROD with RULES [Docket No. 131231999–4319–01] RIN 0648–BD87 Temporary Rule To Establish Separate Annual Catch Limits and Accountability Measures for Blueline Tilefish in the South Atlantic Region National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Mar<15>2010 17:35 Apr 16, 2014 Jkt 232001 NMFS issues this temporary rule to reduce the amount of blueline tilefish that may be harvested in the exclusive economic zone (EEZ) of the South Atlantic by removing the blueline tilefish portion from the deep-water complex annual catch limit (ACL) and establishing separate commercial and recreational ACLs and accountability measures (AMs) for blueline tilefish. At its December 2013 meeting, the South Atlantic Fishery Management Council (Council) requested emergency action regarding blueline tilefish given new stock assessment results that indicate the blueline tilefish stock is overfished and undergoing overfishing in the South Atlantic. This temporary rule is based upon the best scientific information available, and will be effective for 180 days, unless superseded by subsequent rulemaking. NMFS may extend the rule’s effectiveness for an additional 186 days pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The intent of this rulemaking is to reduce overfishing of blueline tilefish in the South Atlantic. DATES: This temporary rule is effective April 17, 2014, through October 14, 2014. Comments may be submitted through May 19, 2014. ADDRESSES: You may submit comments on the temporary rule, identified by ‘‘NOAA–NMFS–2014–0027’’, by any of the following methods: • Electronic submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20140027, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Rick DeVictor, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will SUMMARY: Locomotive Safety Standards § 229.17 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action. PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Electronic copies of the documents in support of this temporary rule may be obtained from the Southeast Regional Office Web site at https:// sero.nmfs.noaa.gov/sustainable_ fisheries/s_atl/sg/2014/acl_er/ index.html. Rick DeVictor, Southeast Regional Office, NMFS, telephone: 727–824–5305, email: Rick.DeVictor@noaa.gov. FOR FURTHER INFORMATION CONTACT: NMFS and the Council manage South Atlantic snapper-grouper species, including blueline tilefish, under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The Council prepared the FMP and NMFS implements the FMP through regulations at 50 CFR part 622 under the authority of the MagnusonStevens Act. The Magnuson-Stevens Act provides the legal authority for the promulgation of emergency regulations under section 305(c) (16 U.S.C. 1855(c)). SUPPLEMENTARY INFORMATION: Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act requires fishery managers to end overfishing of stocks and to minimize bycatch and bycatch mortality to the extent practicable. On March 16, 2012, NMFS published a final rule for the Comprehensive ACL Amendment (77 FR 15916) which established a deep-water complex ACL for yellowedge grouper, blueline tilefish, silk snapper, misty grouper, sand tilefish, queen snapper, black snapper, and blackfin snapper. The commercial ACL for the deep-water complex is 376,469 lb (170,763 kg), round weight, and the recreational ACL for the deep-water complex is 334,556 lb (151,752 kg), round weight, for a total E:\FR\FM\17APR1.SGM 17APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21631-21636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08647]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0594; FRL-9909-56-Region 6]

Approval and Promulgation of Implementation Plans; States of
Arkansas and Louisiana; Clean Air Interstate Rule State Implementation
Plan Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve revisions submitted to the applicable State
Implementation Plans (SIPs) addressing the requirements of EPA's Clean
Air Interstate Rule (CAIR) for Arkansas and Louisiana. EPA is approving
revisions to the CAIR NOX Ozone Season allocation
methodology submitted by the State of Arkansas as revisions to the
Arkansas SIP on September 16, 2009. EPA is also approving revisions to
the CAIR NOX Annual and Ozone Season Abbreviated SIP for the
annual and ozone season NOX allocation methodologies and the
CAIR SO2 SIP submitted by the State of Louisiana as
revisions to the Louisiana SIP on July 1, 2009. EPA has evaluated the
CAIR SIP revisions for Arkansas and Louisiana and determined these
revisions to be consistent with the requirements of CAIR and the Clean
Air Act (Act or CAA). This action is being taken under section 110 of
the Act.

DATES: This direct final rule is effective on June 16, 2014 without
further notice, unless EPA receives relevant adverse comment by May 19,
2014. If EPA receives such comment, 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 ID No. EPA-R06-
OAR-2009-0594, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions.
(2) Email: Ms. Adina Wiley at wiley.adina@epa.gov.
(3) Mail or Delivery: Ms. Adina Wiley, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2009-0594. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for

[[Page 21632]]

clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption and should be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
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).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Adina Wiley (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone
(214) 665-2115; email address wiley.adina@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Regulatory History of CAIR
II. General Requirements of CAIR
III. Analysis of the Arkansas September 16, 2009, CAIR SIP Revision
IV. Analysis of the Louisiana July 1, 2009, CAIR SIP Revision
V. Final Action
VI. Statutory and Executive Order Reviews

I. Regulatory History of CAIR

EPA published CAIR on May 12, 2005 (70 FR 25162). In CAIR, EPA
determined that 28 states and the District of Columbia contribute
significantly to nonattainment and interfere with maintenance of the
1997 national ambient air quality standards (NAAQS) for fine particles
(PM2.5) and/or the 1997 8-hour ozone NAAQS in downwind
states in the eastern part of the country. As a result, EPA required
those upwind states to revise their SIPs to include control measures
that reduce emissions of sulfur dioxide (SO2), which is a
precursor to PM2.5 formation, and/or nitrogen oxides
(NOX), which is a precursor to both ozone and
PM2.5 formation. For jurisdictions that contribute
significantly to downwind PM2.5 nonattainment, CAIR sets
annual state-wide emission reduction requirements (i.e., budgets) for
SO2 and NOX. Similarly, for jurisdictions that
contribute significantly to 8-hour ozone nonattainment, CAIR sets
state-wide emission budgets for NOX for the ozone season
(May 1st to September 30th). Under CAIR, states may implement these
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures.
Additionally, on April 28, 2006, EPA published two additional CAIR-
related final rules that added the states of Delaware and New Jersey to
the list of states subject to CAIR for 1997 PM2.5 and
announced EPA's final decisions on reconsideration of five issues,
without making any substantive changes to the CAIR requirements. On
October 19, 2007, EPA amended CAIR to clarify the definition of
``cogeneration unit'' and, thus, the applicability of the CAIR trading
program to cogeneration units.
EPA was sued by a number of parties on various aspects of CAIR, and
on July 11, 2008, the D.C. Circuit Court found CAIR unlawful. North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008). The Court's original
decision vacated CAIR. Id. at 929-30. However, the Court subsequently
remanded CAIR to EPA without vacatur because it found that allowing
CAIR to remain in effect until it is replaced would preserve the
environmental values covered by CAIR. On August 8, 2011, EPA finalized
its Cross State Air Pollution Rule (CSAPR) (Transport Rule) intended to
replace the remanded CAIR. However, on August 21, 2012, the D.C.
Circuit issued a decision vacating the Transport Rule. EME Homer City
Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012). The Court again
ordered EPA to continue implementing CAIR in the interim pending
promulgation of a replacement rule. Subsequently, the Supreme Court
granted the United States' petition for certiorari and agreed to review
the D.C. Circuit's decision in EME Homer City, and held oral arguments
on December 10, 2013. A decision is currently pending. In the meantime,
EPA intends to act in accordance with the D.C. Circuit's instruction in
EME Homer City to continue implementing CAIR. CAIR requirements are in
place, its regional control programs are operating while EPA develops
replacement rules in response to the pertinent court decisions, and
CAIR requirements remain in effect for Arkansas and Louisiana. The
instant actions have no impact on the legal status of CAIR or CSAPR.

II. General Requirements of CAIR

CAIR establishes State-wide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions started in 2009 and continues through
2014, while the first phase of SO2 reductions started in
2010 and continues through 2014. The second phase of reductions for
both NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires States to implement the budgets by either:
(1) requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or (2) adopting other control measures of the State's
choosing and demonstrating that such control measures will result in
compliance with the applicable State SO2 and NOX
budgets.
The May 12, 2005 and April 28, 2006, CAIR rules provide model rules
that States must adopt (with certain limited changes, if desired) if
they want to participate in the EPA-administered trading programs. With
two exceptions, only States that choose to meet the requirements of
CAIR through methods that exclusively regulate EGUs are allowed to
participate in the EPA-administered trading programs. One exception is
for States that adopt the opt-in provisions of the model rules to allow
non-EGUs individually to opt into the EPA-administered trading
programs. The other exception applies to States that choose to include
all non-EGUs from their NOX SIP Call trading programs in
their CAIR NOX ozone season trading programs.\1\
---------------------------------------------------------------------------

\1\ Arkansas and Louisiana did not adopt opt-in provisions in
the original CAIR SIP submittals. Arkansas and Louisiana are not
subject to the NOX SIP Call. Therefore, the Arkansas and
Louisiana CAIR regulations only pertain to EGUs.
---------------------------------------------------------------------------

States have the flexibility to choose the type of control measures
they use to meet the requirements of CAIR. EPA anticipated that most
States would choose to meet the CAIR requirements by selecting an
option that requires EGUs to participate in the EPA-administered CAIR
cap-and-trade programs. For such States, EPA provides two approaches
for submitting and obtaining approval for CAIR SIP revisions. States
may submit full SIP revisions that adopt the model CAIR cap-and-trade
rules. If approved, these SIP revisions fully replace the CAIR FIPs.
Alternatively, States may submit abbreviated SIP revisions. These SIP
revisions do not replace the CAIR FIPs; however, the CAIR FIPs provide
that, when approved, the provisions in these abbreviated SIP revisions
be used

[[Page 21633]]

instead of or in conjunction with, as appropriate, the corresponding
provisions of the CAIR FIPs (e.g., the NOX allowance
allocation methodology).

III. Analysis of the Arkansas September 16, 2009, CAIR SIP Revision

EPA approved the Arkansas CAIR NOX Ozone Season SIP on
September 26, 2007, as fully implementing the requirements of the CAIR
NOX Ozone Season Program by requiring certain EGUs to
participate in the EPA-administered CAIR cap-and-trade program for
NOX ozone season emissions. See 72 FR 54556. Subsequent to
our full approval of the Arkansas CAIR NOX ozone season SIP
and the withdrawal of the CAIR NOX ozone season FIP for
Arkansas, the Arkansas Department of Environmental Quality (ADEQ)
submitted on September 16, 2009, one revision to the Arkansas SIP for
the CAIR NOX Ozone Season program. The September 16, 2009,
SIP submittal includes revisions to the CAIR NOX Ozone
Season incorporation by reference dates at Regulation 19.1401 and the
allocation methodology at Regulation 19.1404 adopted by the Arkansas
Pollution Control and Ecology Commission on December 5, 2008 and June
26, 2009. Because we have already approved the underlying Arkansas CAIR
NOX ozone season program as satisfying the minimum
requirements of CAIR, EPA will only evaluate the revisions submitted to
the Arkansas CAIR NOX ozone season SIP.

A. Revisions to Regulation 19.1401

The ADEQ submitted a revision to the incorporation by reference
date of the CAIR NOX Ozone Season program at Regulation
19.1401--Adoption of Regulations. In this section, the ADEQ
incorporates the requirements of 40 CFR Part 96, Subparts AAAA--HHHH
for the CAIR NOX Ozone Season Trading Program, as finalized
by the EPA on May 12, 2005, and further revised on April 28, 2006,
December 13, 2006 and October 19, 2007. EPA finds that the ADEQ
correctly updated the CAIR applicability to address the revisions made
to the definition of cogeneration units on October 19, 2007. EPA is
approving this revision to the incorporation by reference date as
consistent with the requirements of CAIR.

B. Revisions to Regulation 19.1404

The ADEQ submitted revisions to the Arkansas CAIR NOX
Ozone Season allocation methodology at Regulation 19.1404--CAIR
NOX Ozone Season Allowance Allocations. EPA has previously
SIP-approved Regulation 19.1404 as replacing the federal allocation
methodology at 40 CFR Part 96, Subpart EEEE. The underlying allocation
methodology remains unchanged, but the ADEQ has adopted and submitted
non-substantive revisions to update cross-references and abbreviations.
EPA is approving these non-substantive revisions as necessary to
improve clarity and functionality of the rule.

IV. Analysis of the Louisiana July 1, 2009, CAIR SIP Revision

A. Revisions to the Louisiana CAIR NOX Annual and
NOX Ozone Season Abbreviated SIP

EPA approved the Louisiana CAIR NOX Annual and
NOX Ozone Season Abbreviated SIP revision on September 28,
2007. See 72 FR 55064. In that action, we evaluated the NOX
Annual and NOX Ozone Season allocation methodologies, found
them to be consistent with the requirements of the CAIR NOX
Annual and NOX Ozone Season programs, and determined that
the Louisiana allocation methodology was sufficient to replace the CAIR
NOX Annual and NOX Ozone Season FIP allocation
methodologies.
Since our September 28, 2007 approval of the Louisiana abbreviated
CAIR NOX Annual and NOX Ozone Season SIP
revision, the LDEQ adopted and submitted on July 1, 2009, one revision
to the Louisiana SIP to revise the NOX annual and
NOX ozone season allocation methodologies at LAC
33:III.506.A and 506.B. Generally, the July 1, 2009, submittal updates
the citations to address the October 19, 2007 revisions to CAIR for
cogenerators; revises and adds definitions to the CAIR NOX
annual and NOX ozone season allocation methodologies; and
revises the allocation methodology provisions as a result of comments
and experience to promote more equitable distribution of allowances
specific to the Louisiana regulated EGUs.
1. Revisions to LAC 33:III.506.A--CAIR NOX Annual Program
The LDEQ submitted revisions to the CAIR NOX Annual
Abbreviated SIP at LAC 33:III.506(A) Clean Air Interstate Rule
Requirements--Nitrogen Oxide Annual Program. The LDEQ has revised the
introductory paragraph to state that the requirements of 40 CFR Part
97, Subparts AA--HH for the CAIR NOX Annual Trading Program,
as revised on October 19, 2007, continue to apply, except as modified
by the Louisiana CAIR NOX Annual abbreviated SIP. The
abbreviated SIP revision for NOX Annual Allocation
methodology at LAC 33.III.506(A) will continue to replace the
requirements at 40 CFR 97.141 and 97.142 regarding Timing Requirements
for CAIR NOX Allowance Allocations and CAIR NOX
Allowance Allocations. EPA finds that the LDEQ correctly updated the
CAIR applicability to address the revisions made to the definition of
cogeneration units on October 19, 2007. EPA is approving this revision
to LAC 33:III.506(A) as consistent with the requirements of CAIR.
The LDEQ also submitted revisions to the Louisiana CAIR
NOX Annual Allocation Methodology. These revisions are
implemented through new and amended definitions applicable to the
Louisiana CAIR NOX Annual program at LAC 33:III.506(A)(1)
and the provisions establishing the allocation calculations at LAC
33:III.506(A)(2). Combined, these revisions modify the Louisiana CAIR
NOX annual allocation methodology to distribute allowances
to certified and utility units in a manner found to be more equitable
by the state and add provisions to address allocations to repowered
units. The submitted revisions did not revise any of the SIP-approved
requirements for submittal of the allocations to EPA or revise the
NOX Annual budget for Louisiana. EPA is approving these
revisions because we find that the LDEQ has tailored the CAIR
NOX Annual allocation methodology to be reflective of
Louisiana-specific circumstances, as is the state's prerogative under
the CAIR SIP provisions at 40 CFR 51.123(p)(1).
2. Revisions to LAC 33:III.506.B--CAIR NOX Ozone Season
Program
The LDEQ submitted revisions to the incorporation by reference date
of the CAIR NOX Ozone Season Abbreviated SIP at LAC
33:III.506(B) Clean Air Interstate Rule Requirements--Nitrogen Oxide
Ozone Season Program. The LDEQ has revised the introductory paragraph
to state that the requirements of 40 CFR Part 97, Subparts AAAA--HHHH
for the CAIR NOX Ozone Season Trading Program, as revised on
October 19, 2007, continue to apply, except as modified by the
Louisiana CAIR NOX Ozone Season abbreviated SIP. The
abbreviated SIP revision for NOX Ozone Season Allocation
methodology at LAC 33.III.506(B) will continue to replace the
requirements at 40 CFR 97.341 and 97.342 regarding Timing Requirements
for CAIR NOX Ozone Season Allowance Allocations and CAIR
NOX Ozone Season Allowance Allocations. EPA finds that the
LDEQ correctly updated the CAIR applicability to address the revisions
made to the definition of

[[Page 21634]]

cogeneration units on October 19, 2007. EPA is approving this revision
to LAC 33:III.506(B) as consistent with the requirements of CAIR.
The LDEQ also submitted revisions to the Louisiana CAIR
NOX Ozone Season Allocation Methodology. These revisions are
implemented through new and amended definitions applicable to the
Louisiana CAIR NOX Ozone Season program at LAC
33:III.506(B)(1) and the provisions establishing the allocation
calculations at LAC 33:III.506(B)(2). Combined, these revisions modify
the Louisiana CAIR NOX ozone season allocation methodology
to distribute allowances to certified and utility units in a manner
found to be more equitable by the state and add provisions to address
allocations to repowered units. The submitted revisions did not revise
any of the SIP-approved requirements for submittal of the allocations
to EPA or revise the NOX Ozone Season budget for Louisiana.
EPA is approving these revisions because we find that the LDEQ has
tailored the CAIR NOX Ozone Season allocation methodology to
be reflective of Louisiana-specific circumstances, as is the state's
prerogative under the CAIR SIP provisions at 40 CFR 51.123(ee)(2).

B. Revisions to the Louisiana CAIR SO2 Program

On July 20, 2007, EPA approved the Louisiana CAIR SO2
SIP as fully implementing the annual SO2 requirements of
CAIR by requiring certain EGUs to participate in the EPA-administered
CAIR cap-and-trade program for SO2 emissions. See 72 FR
39741.
1. Revisions to LAC 33:III.506.C--CAIR Annual SO2 Program
Subsequent to our full approval of the Louisiana CAIR
SO2 SIP and the withdrawal of the CAIR SO2 FIP
for Louisiana, the LDEQ submitted on July 1, 2009, a revision to the
Louisiana SIP for the CAIR SO2 program. The July 1, 2009,
SIP submittal updates the CAIR SO2 program incorporation by
reference dates at LAC 33:III.506.C. In this section, the LDEQ
incorporates by reference the CAIR SO2 program as published
at 40 CFR Part 96 on July 1, 2007 and revised on October 19, 2007 at 72
FR 59190-59207. EPA finds that the LDEQ correctly updated the CAIR
SO2 incorporation by reference dates to include the
revisions made to the definition of cogeneration units on October 19,
2007. EPA is approving this revision to the incorporation by reference
date as consistent with the requirements of CAIR.

V. Final Action

Under section 110 of the Act, and for the reasons stated above, EPA
is taking direct final action to approve revisions to the Arkansas and
Louisiana SIPs pertaining to CAIR. Specifically, EPA is approving
revisions to the Arkansas CAIR NOX Ozone Season Program at
Regulation 19.1401 and 19.1404 as adopted on December 5, 2008, and
submitted as revisions to the Arkansas SIP on September 16, 2009. EPA
is also approving revisions to the Louisiana CAIR NOX Annual
and Ozone Season Program for the annual and ozone season NOX
allocation methodologies at LAC 33:III.506 (A) and (B) and the
Louisiana CAIR SO2 Program at LAC 33:III.506(C) adopted on
June 20, 2008, by the State of Louisiana and submitted as revisions to
the Louisiana SIP on July 1, 2009.
We are approving the revisions to the Arkansas and Louisiana SIPs
under section 110 of the Act. We are publishing this rule without prior
proposal because we view this as a noncontroversial amendment and
anticipate no relevant 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 the SIP
revision if relevant adverse comments are received. This rule will be
effective on June 16, 2014 without further notice unless we receive
relevant adverse comment by May 19, 2014. 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 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.

VI. Statutory and Executive Order Reviews

Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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

[[Page 21635]]

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 June 16, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed 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, Reporting and recordkeeping requirements, Sulfur
oxides.

Dated: April 2, 2014.
Samuel Coleman,
Acting 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 E--Arkansas

0
2. In Sec. 52.170(c), the table titled ``EPA-Approved Regulations in
the Arkansas SIP'' is amended by revising the entries for Reg. 19.1401
and Reg 19.1404.

Sec. 52.170 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject submittal/ EPA approval date Explanation
effective date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401................. Adoption of 9/16/2009 4/17/2014 [Insert FR ....................
Regulations. page number where
document begins]..
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Reg. 19.1404................. CAIR NOX Ozone Season 9/16/2009 4/17/2014 [Insert FR ....................
Allowance page number where
Allocations. document begins]..
----------------------------------------------------------------------------------------------------------------

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

* * * * *

Subpart T--Louisiana

0
3. In Sec. 52.970(c), the table titled ``EPA Approved Louisiana
Regulations in the Louisiana SIP'' is amended by revising the entries
for Sections 506(A), 506(B), and 506(C).

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
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 506(A)............... Clean Air Interstate 6/20/2008 4/17/2014 [Insert FR
Rule Requirements-- page number where
Nitrogen Oxide document begins].
Annual Program.
Section 506(B)............... Clean Air Interstate 6/20/2008 4/17/2014 [Insert FR
Rule Requirements-- page number where
Nitrogen Oxide Ozone document begins].
Season Program.
Section 506(C)............... Clean Air Interstate 6/20/2008 4/17/2014 [Insert FR
Rule Requirements-- page number where
Annual Sulfur document begins].
Dioxide.

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

* * * * *
[FR Doc. 2014-08647 Filed 4-16-14; 8:45 am]
BILLING CODE 6560-50-P

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