Approval and Promulgation of Implementation Plans; State of Louisiana; Revisions to the State Implementation Plan; Fee Regulations, 23425-23428 [2016-09066]
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Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Rules and Regulations
(COTP) or his on-scene representative
may be contacted via VHF Channel 16
or at 313–568–9560. Vessel operators
given permission to operate within the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the COTP to act on his behalf.
Dated: March 25, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2016–09275 Filed 4–20–16; 8:45 am]
BILLING CODE 9110–04–P
regulation for the biennial Newport/
Bermuda Regatta, Narragansett Bay,
Newport, RI, from 12 p.m. to 7:30 p.m.
on Friday, June 17, 2016. A portion of
the navigable waters the East Passage,
Narragansett Bay, Newport, RI or its
approaches will be closed during the
effective period to all vessel traffic,
except local, state or Coast Guard patrol
craft. The full text of this regulation is
found in 33 CFR 100.119. This notice of
enforcement is issued under authority of
33 CFR 165.119 and 5 U.S.C. 552(a). In
addition to this notice of enforcement in
the Federal Register, the Coast Guard
plans to provide notification of this
enforcement periods via the Local
Notice to Mariners and Broadcast Notice
to Mariners.
Dated: March 30, 2016.
R.J. Schultz,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Southeastern New England.
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2016–09276 Filed 4–20–16; 8:45 am]
Coast Guard
BILLING CODE 9110–04–P
33 CFR Part 100
[USCG–2016–0264]
Special Local Regulation, Newport to
Bermuda Regatta, Narragansett Bay,
Newport, RI
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the Special Local Regulation for the
biennial Newport to Bermuda Regatta,
Narragansett Bay, Rhode Island, from 12
p.m. to 7:30 p.m. on Friday, June 17,
2016. This action is necessary to ensure
the safety of all participants and
spectators from the inherent dangers
associated with these types of races,
which include numerous large, fast
sailing vessels and hundreds of
spectator vessels. During the
enforcement period, no person or vessel
may enter or remain in the regulated
area except for participants in the event,
supporting personnel, vessels registered
with the event organizer, and personnel
or vessels authorized by the Coast Guard
on-scene patrol commander.
DATES: The regulation in 33 CFR
100.119 will be enforced from 12 p.m.
to 7:30 p.m. on June 17, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Mr. Edward
LeBlanc, Waterways Management,
Sector Southeastern New England, (401)
435–2351, email edward.g.leblanc@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
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SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0132; FRL–9945–09–
Region 6]
Approval and Promulgation of
Implementation Plans; State of
Louisiana; Revisions to the State
Implementation Plan; Fee Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve revisions to the
Louisiana State Implementation Plan
(SIP) related to the Fee Regulations
section of the Louisiana SIP that were
submitted by the State of Louisiana on
February 23, 2016. The EPA has
evaluated the SIP submittal from
Louisiana and determined these
revisions are consistent with the
requirements of the Clean Air Act (Act
or CAA). The EPA is approving this
action under section 110 of the Act.
DATES: This rule is effective on June 20,
2016 without further notice, unless the
EPA receives relevant adverse comment
by May 23, 2016. If the EPA receives
such comment, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2016–0132, at https://
SUMMARY:
PO 00000
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23425
www.regulations.gov or via email to
donaldson.tracie@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Tracie Donaldson, 214–665–
6633, donaldson.tracie@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Tracie Donaldson, 214–665–6633,
donaldson.tracie@epa.gov. To inspect
the hard copy materials, please schedule
an appointment with Tracie Donaldson
or Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
A. CAA and SIPs
Section 110 of the CAA requires
States to develop and submit to the EPA
a SIP to ensure that State air quality
meets National Ambient Air Quality
Standards. These ambient standards
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. Each federally-approved
SIP protects air quality primarily by
addressing air pollution at its point of
origin through air pollution regulations
and control strategies. The EPA
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approved SIP regulations and control
strategies are federally enforceable.
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B. SIP Revision Submitted on February
23, 2016
The EPA first approved the Louisiana
fee regulations into the Louisiana SIP on
March 8, 1989. See 54 FR 09795. Since
that date, the Louisiana fee regulations
have been revised numerous times, but
the SIP itself has not been updated. In
order to address the gap between the
SIP-approved fee regulations and the
existing State fee regulations, the
Louisiana Department of Environment
Quality (LDEQ) submitted a revision to
the Louisiana SIP in a letter dated
February 23, 2016 that included
regulations revised from 9/20/1988
through 4/20/2011; this submittal
replaces the current SIP-approved
permit fee program provisions found in
Chapters 2 and 65 and replaces them
with the current provisions included in
the submittal for Chapter 2 which relate
to the State’s air program. In particular,
the LDEQ submitted revisions for the
inclusion of Louisiana Administrative
Code (LAC) 33:III Sections 201–221 into
the Louisiana SIP, with the exception of
LAC 33:III.211(B)(15) which applies
solely to fees for title V permitting. The
submitted sections provide the state’s
authority to assess, collect and enforce
the permitting fee program.
II. The EPA’s Evaluation
As detailed in the Technical Support
Document (TSD) accompanying this
action, the LDEQ submitted a proposed
SIP revision to the title I fee regulations
requesting a repeal of the current SIPapproved permit fee program and
replacement with the submitted
proposed revisions for revised fee
regulations containing a new fee
schedule and associated provisions
specific to the State’s air program.
Sections 201 through 221 of Chapter 2
establish the state’s authority to assess,
collect and enforce a fee permitting
program to adequately fund air
pollution permitting activities in
Louisiana. The EPA has reviewed the
submitted revisions and determined that
the submitted revised fee program is
consistent with the general
requirements at CAA section
110(a)(2)(E)(i) to provide necessary
assurances that the State will have
adequate funding to carry out the
provisions of the Louisiana SIP as it
pertains to major and minor source Title
I permitting, and with CAA section
110(a)(2)(L) that requires states to charge
necessary fees for the development and
implementation of major source Title I
permits. The proposed revisions
included in the February 23, 2016, SIP
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submittal more accurately represent the
current fee structure than the previously
approved SIP, which was approved by
the EPA on March 8, 1989. Based on our
evaluation of the fee assessment
provisions submitted, we find the
submitted repeal of Chapters 2 and 65
and replacement with Chapter 2
sections 201 through 221 [with the
exception of LAC 33:III.211(B)(15)]
establishing fee requirements for
permits is consistent with sections
110(a)(2)(E)(i) and 110(a)(2)(L) of the
CAA.
Under section 110(l) of the CAA, the
EPA can only approve a revision to an
implementation plan after it has been
adopted by a State after reasonable
notice and public hearing. The proposed
SIP revision was published in the
Louisiana Register on December 20,
2015. No request was made for a public
hearing and no adverse comments were
received by LDEQ. We find that the
submitted revision satisfies the public
notice requirements under section
110(l). Further under section 110(l), the
EPA cannot approve a revision of a plan
if the revision would interfere with any
applicable requirement concerning
attainment, maintenance and reasonable
further progress. The LDEQ has
submitted a repeal of the existing SIPapproved fee regulations that include a
specific fee schedule with detailed
dollar amounts for specified permitting
activities. In place of the repealed
regulations, the LDEQ has submitted
regulations that enable the state to
assess and collect fees sufficient to
implement the title I permitting
program. Title I does not require SIPs to
include a specific fee schedule or dollar
amount for permitting activities; the
EPA also does not have a presumptive
minimum that we believe is sufficient
for implementing a title I program.
Rather, our analysis of the approvability
of a title I fee program is based on
determining whether the state has the
adequate legal authority to assess,
collect and enforce the fees determined
by the state as necessary for
implementation and whether the state
has the ability to revise these fees into
the future in order to continue to
implement the title I program. Our
analysis indicates the submitted fee
regulations provide the State of
Louisiana with the necessary authority
to assess, collect and enforce permitting
fees sufficient to implement the title I
permitting program. The proposed
revisions are administrative in nature
and will not affect emissions and will
also not interfere with requirements of
the CAA related to the proposed
revisions. We propose to find that the
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submitted fee regulations to support this
required program will further the state’s
air quality goals and will not interfere
with any applicable requirement
concerning attainment and reasonable
further progress (as defined in section
7501 of this title), or any other
applicable requirement of this chapter.
III. Final Action
For the reasons stated above and in
the TSD, the EPA is taking direct final
action to approve revisions to the
Louisiana SIP pertaining to title I fees.
Specifically, the EPA is removing the
current SIP-approved fee program in
Chapters 2 and 65 and approving in its
place the revised Louisiana fee program
at Chapter 2 sections 201 through 221,
and submitted as a revision to the
Louisiana SIP on February 23, 2016.
The EPA is publishing this rule
without prior proposal because we view
this as a non-controversial amendment
and anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve
this SIP revision if relevant adverse
comments are received. This rule will
be effective on June 20, 2016 without
further notice unless we receive relevant
adverse comment by May 23, 2016. If
we receive relevant adverse comments,
we will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
We will address all public comments in
a subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so now. Please note that if we
receive relevant adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the Louisiana regulations as
described in the Final Action section
above. We have made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 20, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 6, 2016.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
2. In § 52.970, the table in paragraph
(c) is amended by:
■ a. Adding entries for ‘‘Sections 201,
203, 205, 207, 209, 211, 213, 215, 217,
219, and 221’’.
■ b. Removing the entry for ‘‘Section
223’’, the center heading ‘‘Chapter 65—
Rules and Regulations for the Fee
System of the Air Quality Control
Programs’’ and the entries for ‘‘Sections
6501, 6503, 6505, 6507, 6509, 6511,
6513, 6515, 6517, 6519, 6521, and
6523’’.
The additions read as follows:
■
§ 52.970
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE LOUISIANA SIP
State citation
*
State
approval date
Title/subject
*
*
EPA approval date
*
Comments
*
*
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Chapter 2—Rules and Regulations for the Fee System of the Air Quality Control Programs
Section 201 ...............
Scope and Purpose ...................
10/20/1993
Section 203 ...............
Authority .....................................
9/20/1988
Section 205 ...............
Definitions ...................................
9/20/1988
Section 207 ...............
Application Fees .........................
2/20/2000
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4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
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Federal RegFederal RegFederal RegFederal Reg-
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EPA APPROVED REGULATIONS IN THE LOUISIANA SIP—Continued
State
approval date
State citation
Title/subject
Section 209 ...............
Annual Fees ...............................
2/20/2000
Section 211 ...............
Methodology ...............................
4/20/2011
Section 213 ...............
Determination of Fee .................
9/20/1988
Section 215 ...............
Method of Payment ....................
10/20/2009
Section 217 ...............
Late Payment .............................
3/20/1999
Section 219 ...............
Failure to Pay .............................
3/20/1999
Section 221 ...............
Effective Date .............................
9/20/1988
*
*
*
*
*
*
*
*
[FR Doc. 2016–09066 Filed 4–20–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 412
[CMS–1664–IFC]
RIN 0938–AS88
Medicare Program; Temporary
Exception for Certain Severe Wound
Discharges From Certain Long-Term
Care Hospitals Required by the
Consolidated Appropriations Act,
2016; Modification of Limitations on
Redesignation by the Medicare
Geographic Classification Review
Board
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Interim final rule with comment
period.
AGENCY:
This interim final rule with
comment period (IFC) implements
section 231 of the Consolidated
Appropriations Act of 2016 (CAA),
which provides for a temporary
exception for certain wound care
discharges from the application of the
site neutral payment rate under the
Long-Term Care Hospital (LTCH)
Prospective Payment System (PPS) for
certain long-term care hospitals. This
IFC also amends our current regulations
to allow hospitals nationwide to
reclassify based on their acquired rural
status, effective with reclassifications
beginning with fiscal year (FY) 2018.
Hospitals with an existing Medicare
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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EPA approval date
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
4/21/2016 [Insert
ister citation].
*
Federal RegFederal Reg-
Frm 00008
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SIP does NOT include LAC
33:III.211.B.15.
Federal RegFederal RegFederal RegFederal RegFederal Reg-
*
Geographic Classification Review Board
(MGCRB) reclassification would also
have the opportunity to seek rural
reclassification for IPPS payment and
other purposes and keep their existing
MGCRB reclassification. We would also
apply the policy in this IFC when
deciding timely appeals before the
Administrator under our regulations for
FY 2017 that were denied by the
MGCRB due to existing regulations,
which do not permit simultaneous rural
reclassification for IPPS payment and
other purposes and MGCRB
reclassification. These regulatory
changes implement the decisions in
Geisinger Community Medical Center v.
Secretary, United States Department of
Health and Human Services, 794 F.3d
383 (3d Cir. 2015) and Lawrence +
Memorial Hospital v. Burwell, No. 15–
164, 2016 WL 423702 (2d Cir. Feb. 4,
2015) in a nationally consistent manner.
DATES: Effective date: These regulations
are effective on April 21, 2016.
Comment date: To be assured
consideration, comments must be
received at one of the addresses
provided below, no later than 5 p.m. on
June 17, 2016.
ADDRESSES: In commenting, please refer
to file code CMS–1664–IFC. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed)
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
PO 00000
Comments
Sfmt 4700
*
*
CMS—1664–IFC, P.O. Box 8013,
Baltimore, MD 21244–8013.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS—1664–IFC,
Mail Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
your written comments ONLY to the
following addresses prior to the close of
the comment period:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey Building is not
readily available to persons without
federal government identification,
commenters are encouraged to leave
their comments in the CMS drop slots
located in the main lobby of the
building. A stamp-in clock is available
for persons wishing to retain a proof of
filing by stamping in and retaining an
extra copy of the comments being filed.)
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address, call
telephone number (410) 786–9994 in
advance to schedule your arrival with
one of our staff members.
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]]>Agencies
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Rules and Regulations]
[Pages 23425-23428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09066]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0132; FRL-9945-09-Region 6]
Approval and Promulgation of Implementation Plans; State of
Louisiana; Revisions to the State Implementation Plan; Fee Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve revisions to the Louisiana State Implementation
Plan (SIP) related to the Fee Regulations section of the Louisiana SIP
that were submitted by the State of Louisiana on February 23, 2016. The
EPA has evaluated the SIP submittal from Louisiana and determined these
revisions are consistent with the requirements of the Clean Air Act
(Act or CAA). The EPA is approving this action under section 110 of the
Act.
DATES: This rule is effective on June 20, 2016 without further notice,
unless the EPA receives relevant adverse comment by May 23, 2016. If
the EPA receives such comment, the EPA will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0132, at https://www.regulations.gov or via email to
donaldson.tracie@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Tracie Donaldson, 214-
665-6633, donaldson.tracie@epa.gov. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214-665-6633,
donaldson.tracie@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Tracie Donaldson or Bill Deese at 214-665-
7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
A. CAA and SIPs
Section 110 of the CAA requires States to develop and submit to the
EPA a SIP to ensure that State air quality meets National Ambient Air
Quality Standards. These ambient standards currently address six
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. Each federally-approved SIP
protects air quality primarily by addressing air pollution at its point
of origin through air pollution regulations and control strategies. The
EPA
[[Page 23426]]
approved SIP regulations and control strategies are federally
enforceable.
B. SIP Revision Submitted on February 23, 2016
The EPA first approved the Louisiana fee regulations into the
Louisiana SIP on March 8, 1989. See 54 FR 09795. Since that date, the
Louisiana fee regulations have been revised numerous times, but the SIP
itself has not been updated. In order to address the gap between the
SIP-approved fee regulations and the existing State fee regulations,
the Louisiana Department of Environment Quality (LDEQ) submitted a
revision to the Louisiana SIP in a letter dated February 23, 2016 that
included regulations revised from 9/20/1988 through 4/20/2011; this
submittal replaces the current SIP-approved permit fee program
provisions found in Chapters 2 and 65 and replaces them with the
current provisions included in the submittal for Chapter 2 which relate
to the State's air program. In particular, the LDEQ submitted revisions
for the inclusion of Louisiana Administrative Code (LAC) 33:III
Sections 201-221 into the Louisiana SIP, with the exception of LAC
33:III.211(B)(15) which applies solely to fees for title V permitting.
The submitted sections provide the state's authority to assess, collect
and enforce the permitting fee program.
II. The EPA's Evaluation
As detailed in the Technical Support Document (TSD) accompanying
this action, the LDEQ submitted a proposed SIP revision to the title I
fee regulations requesting a repeal of the current SIP-approved permit
fee program and replacement with the submitted proposed revisions for
revised fee regulations containing a new fee schedule and associated
provisions specific to the State's air program. Sections 201 through
221 of Chapter 2 establish the state's authority to assess, collect and
enforce a fee permitting program to adequately fund air pollution
permitting activities in Louisiana. The EPA has reviewed the submitted
revisions and determined that the submitted revised fee program is
consistent with the general requirements at CAA section 110(a)(2)(E)(i)
to provide necessary assurances that the State will have adequate
funding to carry out the provisions of the Louisiana SIP as it pertains
to major and minor source Title I permitting, and with CAA section
110(a)(2)(L) that requires states to charge necessary fees for the
development and implementation of major source Title I permits. The
proposed revisions included in the February 23, 2016, SIP submittal
more accurately represent the current fee structure than the previously
approved SIP, which was approved by the EPA on March 8, 1989. Based on
our evaluation of the fee assessment provisions submitted, we find the
submitted repeal of Chapters 2 and 65 and replacement with Chapter 2
sections 201 through 221 [with the exception of LAC 33:III.211(B)(15)]
establishing fee requirements for permits is consistent with sections
110(a)(2)(E)(i) and 110(a)(2)(L) of the CAA.
Under section 110(l) of the CAA, the EPA can only approve a
revision to an implementation plan after it has been adopted by a State
after reasonable notice and public hearing. The proposed SIP revision
was published in the Louisiana Register on December 20, 2015. No
request was made for a public hearing and no adverse comments were
received by LDEQ. We find that the submitted revision satisfies the
public notice requirements under section 110(l). Further under section
110(l), the EPA cannot approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment,
maintenance and reasonable further progress. The LDEQ has submitted a
repeal of the existing SIP-approved fee regulations that include a
specific fee schedule with detailed dollar amounts for specified
permitting activities. In place of the repealed regulations, the LDEQ
has submitted regulations that enable the state to assess and collect
fees sufficient to implement the title I permitting program. Title I
does not require SIPs to include a specific fee schedule or dollar
amount for permitting activities; the EPA also does not have a
presumptive minimum that we believe is sufficient for implementing a
title I program. Rather, our analysis of the approvability of a title I
fee program is based on determining whether the state has the adequate
legal authority to assess, collect and enforce the fees determined by
the state as necessary for implementation and whether the state has the
ability to revise these fees into the future in order to continue to
implement the title I program. Our analysis indicates the submitted fee
regulations provide the State of Louisiana with the necessary authority
to assess, collect and enforce permitting fees sufficient to implement
the title I permitting program. The proposed revisions are
administrative in nature and will not affect emissions and will also
not interfere with requirements of the CAA related to the proposed
revisions. We propose to find that the submitted fee regulations to
support this required program will further the state's air quality
goals and will not interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in section 7501
of this title), or any other applicable requirement of this chapter.
III. Final Action
For the reasons stated above and in the TSD, the EPA is taking
direct final action to approve revisions to the Louisiana SIP
pertaining to title I fees. Specifically, the EPA is removing the
current SIP-approved fee program in Chapters 2 and 65 and approving in
its place the revised Louisiana fee program at Chapter 2 sections 201
through 221, and submitted as a revision to the Louisiana SIP on
February 23, 2016.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve this SIP revision if relevant adverse
comments are received. This rule will be effective on June 20, 2016
without further notice unless we receive relevant adverse comment by
May 23, 2016. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive relevant
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
IV. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Louisiana regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.
[[Page 23427]]
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 20, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 6, 2016.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
0
2. In Sec. 52.970, the table in paragraph (c) is amended by:
0
a. Adding entries for ``Sections 201, 203, 205, 207, 209, 211, 213,
215, 217, 219, and 221''.
0
b. Removing the entry for ``Section 223'', the center heading ``Chapter
65--Rules and Regulations for the Fee System of the Air Quality Control
Programs'' and the entries for ``Sections 6501, 6503, 6505, 6507, 6509,
6511, 6513, 6515, 6517, 6519, 6521, and 6523''.
The additions read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State approval
State citation Title/subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr--------------------------------------------------------------------------------
Chapter 2--Rules and Regulations for the Fee System of the Air Quality Control Programs
----------------------------------------------------------------------------------------------------------------
Section 201.................... Scope and Purpose... 10/20/1993 4/21/2016 [Insert ...................
Federal Register
citation].
Section 203.................... Authority........... 9/20/1988 4/21/2016 [Insert ...................
Federal Register
citation].
Section 205.................... Definitions......... 9/20/1988 4/21/2016 [Insert ...................
Federal Register
citation].
Section 207.................... Application Fees.... 2/20/2000 4/21/2016 [Insert ...................
Federal Register
citation].
[[Page 23428]]
Section 209.................... Annual Fees......... 2/20/2000 4/21/2016 [Insert ...................
Federal Register
citation].
Section 211.................... Methodology......... 4/20/2011 4/21/2016 [Insert SIP does NOT
Federal Register include LAC
citation]. 33:III.211.B.15.
Section 213.................... Determination of Fee 9/20/1988 4/21/2016 [Insert ...................
Federal Register
citation].
Section 215.................... Method of Payment... 10/20/2009 4/21/2016 [Insert ...................
Federal Register
citation].
Section 217.................... Late Payment........ 3/20/1999 4/21/2016 [Insert ...................
Federal Register
citation].
Section 219.................... Failure to Pay...... 3/20/1999 4/21/2016 [Insert ...................
Federal Register
citation].
Section 221.................... Effective Date...... 9/20/1988 4/21/2016 [Insert ...................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-09066 Filed 4-20-16; 8:45 am]
BILLING CODE 6560-50-P
