Approval and Promulgation of Implementation Plans; Louisiana; State Boards, 95477-95480 [2016-31332]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 18, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
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.
2. Section 52.720 is amended by
adding paragraph (c)(209) to read as
follows:
■
§ 52.720
Identification of plan.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(c) * * *
(209) On August 9, 2016, the state
submitted a proposed revision to the
Illinois SIP updating the definition of
Volatile Organic Material (VOM) or
Volatile Organic Compound (VOC) to
exclude the chemical compound 2amino-2-methyl-1-propanol (AMP),
along with minor administrative
revisions.
(i) Incorporation by reference. Illinois
Administrative Code, Title 35:
Environmental Protection, Subtitle B:
Air Pollution, Chapter I: Pollution
Control Board, Subchapter c: Emissions
Standards and Limitations for Station
Sources, Part 211: Definitions and
General Provisions, Subpart B:
Definitions, Section 211.7150 Volatile
Organic Material (VOM) or Volatile
Organic Compounds (VOC), effective
March 24, 2015.
[FR Doc. 2016–31227 Filed 12–27–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0513; FRL–9956–45–
Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana; State
Boards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
is approving revisions to the Louisiana
State Implementation Plan (SIP) that
address requirements in CAA Section
128 regarding State Board composition
and Conflict of Interest and Disclosure
requirements.
DATES: This rule is effective on February
27, 2017 without further notice, unless
the EPA receives relevant adverse
comment by January 27, 2017. 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–2014–0513, 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
SUMMARY:
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95477
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 Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
A. CAA and Section 128: State Boards
and Heads of Executive Agency,
Conflicts of Interest
Section 128 of the CAA requires SIPs
to comply with the requirements
regarding State Boards. Section
110(a)(2)(E)(ii) of the CAA also
references these requirements. Section
128(a) of the CAA requires SIPs to
contain provisions that: (1) Any board
or body which approves permits or
enforcement orders under the CAA have
at least a majority of its members
represent the public interest and not
derive any significant portion of their
income from persons subject to permits
or enforcement orders under the CAA;
and (2) any potential conflict of interest
by members of such board or body or
the head of an executive agency with
similar powers be adequately disclosed.
The requirements of CAA section
128(a)(1) are not applicable to Louisiana
because it does not have any board or
body which approves air quality permits
or enforcement orders. The
requirements of CAA section 128(a)(2),
however, are applicable to Louisiana
because LDEQ’s cabinet level Secretary
(i.e., the head of an executive agency)
makes the referenced decisions. Under
Louisiana Revised Statutes at Title 30;
Subtitle 2. Environmental Quality;
Chapter 2; Department of Environmental
Quality, and Chapter 3; Louisiana Air
Control Law, the Secretary of the
Louisiana Department of Environmental
Quality (LDEQ), has the power and duty
to, among other things, grant or deny air
quality related permits.
B. Louisiana’s Submittal
On April 30, 1997 Louisiana
submitted a SIP revision that contains
revisions to the Louisiana Revised
Statutes for inclusion into the SIP. The
revisions that are necessary for
inclusion into the State’s SIP address
the requirements of CAA section 128 in
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relation to State Boards/Head of
Executive Agency and Conflicts of
Interest/Disclosure. The specific
Louisiana statutes governing the
relevant CAA section 128 requirements
are found in Title 42, Chapter 15 Code
of Governmental Ethics and Title 30
Minerals, Oil, Gas and Environmental
Quality, Subtitle 2, Environmental
Quality, as detailed below: The relevant
provisions of those Titles in the
Louisiana SIP to meet these CAA
requirements are the following:
Louisiana Revised Statutes at Title 30;
Chapter 2 Sections 2014.1(A)–(D):
Permit review; Prohibition; Title 42;
Chapter 15: Code of Governmental
Ethics; Part 1, General Provisions,
Section 1102 Definitions, Section
1102(3) ‘‘Agency Head;’’ Section
1102(13) ‘‘Immediate Family;’’ Section
1102(22)(a) ‘‘Thing of Economic Value;’’
Section 1102(19) ‘‘Public Servant;’’
Section 1102(23), ‘‘Transaction
involving governmental entity;’’ Section
1112 ‘‘Participation in Certain
Transaction Involving the Governmental
Entity;’’ Sections 1114(A)(1)–(4) and (C)
‘‘Financial disclosure.’’
II. The EPA’s Evaluation
CAA section 128 requires that each
state’s SIP demonstrate how State
Boards or the head of an executive
agency who approves CAA permits or
enforcement orders disclose any
potential conflicts of interest. The LDEQ
Secretary is subject to the requirements
of the relevant conflict of interest and
disclosure provisions as the head of an
Executive Agency.
LDEQ approves all CAA permits and
enforcement orders in Louisiana. LDEQ
is an executive agency that acts through
its Secretary. LDEQ submits that public
disclosure of any potential conflict in
the SIP as required by CAA sections 128
and 110(a)(2)(E)(ii) pursuant to the
requirements that if such person derives
anything of economic value that such
person should be aware, he/she must
disclose specified elements under Title
42; Chapter 15: Code of Governmental
Ethics; Section 1114(A)(1)–(4) and (C)
‘‘Financial disclosure.’’ In addition, if
the Secretary of LDEQ receives or had
received, during the previous two years,
a significant portion of income directly
or indirectly from a permit applicant,
among other specified prohibitions,
such individual must be recused from
the permit approval process for that
permit under Title 30; Chapter 2,
Sections 2014.1(A)–(D): Permit review;
Prohibition. The SIP revision through
submittal of these relevant revised
statutes demonstrates that Louisiana
complies with the requirements of CAA
sections 128 and 110(a)(2)(E)(ii).
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It is necessary to act on the abovecited provisions to meet the
requirements of the CAA Section 128
which sets forth requirements for State
Boards and Agency Head and Conflicts
of Interest/Disclosure. We find that the
cited provisions are approvable and
meet the requirements of CAA Section
128. This submittal included other
Louisiana Revised Statutes that are
unnecessary for inclusion into the
Louisiana SIP as they do not relate to
the CAA 128 and the Conflict of
Interest/Disclosure provisions and thus
not relevant for inclusion into the SIP.
We are also approving a ministerial
change to remove language from 40 CFR
part 52.2270(e) concerning Title 40:
Chapter 12, EPA Approved Statutes in
the Louisiana SIP. This will correct a
citation that was included in the CFR
when the format of part 52 was
converted and was not previously
approved into the SIP.
III. Final Action
We are approving revisions to the
Louisiana SIP that contain several
provisions of the Louisiana Revised
Statutes to update the federally
approved Louisiana SIP. Those are the
following: Louisiana Revised Statutes at
Title 30; Chapter 2 Sections 2014.1(A)–
(D): Permit review; Prohibition; Title 42;
Chapter 15: Code of Governmental
Ethics; Part 1, General Provisions,
Section 1102 Definitions, Section
1102(3) ‘‘Agency Head;’’ Section
1102(13) ‘‘Immediate Family;’’ Section
1102(22)(a) ‘‘Thing of Economic Value;’’
Section 1102(19) ‘‘Public Servant;’’
Section 1102(23), ‘‘Transaction
involving governmental entity;’’ Section
1112 ‘‘Participation in Certain
Transaction Involving the Governmental
Entity;’’ Sections 1114(A)(1)–(4) and (C)
‘‘Financial disclosure.’’ We are also
approving a ministerial change to
remove language from 40 CFR part
52.2270(e).
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 the
SIP revision if relevant adverse
comments are received. This rule will
be effective on February 27, 2017
without further notice unless we receive
relevant adverse comment by January
27, 2017. 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
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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. 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
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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 February 27, 2017. 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).)
Samuel Coleman was designated the
Acting Regional Administrator on
December 21, 2016 through the order of
succession outlined in Regional Order
R6–1110.1, a copy of which is included
in the docket for this action.
List of Subjects in 40 CFR Part 52
Dated: December 21, 2016.
Samuel Coleman,
Acting 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(e), the table titled ‘‘EPA
Approved Statutes in the Louisiana SIP’’
is amended by removing the centered
heading and the entries for ‘‘LA of R.S.
of 1950. Title 40, Chapter 12. The
Louisiana Air Control Law, Part 1,
Louisiana Air Control Commission’’ and
adding centered headings and entries
for ‘‘Louisiana Revised Statutes (La. R.S.
of 1993) Title 30’’ and ‘‘Louisiana
Revised Statutes (La. R.S. of 1972) Title
42’’ at the end of the table.
The amendments read as follows:
■
§ 52.970
Environmental protection, Air
pollution control, Incorporation by
reference, Government employees.
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED STATUTES IN THE LOUISIANA SIP
State citation
*
State
approval/
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Comments
*
Louisiana Revised Statutes (La. R.S. of 1993). Title 30, Minerals, oil, gas and environmental quality, Subtitle II. Environmental Quality,
Chapter 2. Department of Environment Quality; Permit Review; Prohibition
Title 30: Subtitle II, Permit
Review, Ch. 2, Permit
Review; Prohibition,
Section 2014.1(A) and
(B).
Permit review; Prohibition ...........................................
06/10/1993
12/28/2016, [Insert Federal Register citation].
Louisiana Revised Statutes (La. R.S. of 1972). Title 42, Public Officers and Employees, Chapter 15 Code of Governmental Ethics Part 1,
General Provisions and Part 2 Ethical Standards for Public Servants
Definitions ...................................................................
04/01/1980
Agency Head ..............................................................
04/01/1980
1102(13) ............................
Immediate Family .......................................................
04/01/1980
1102(19) ............................
Public Servant ............................................................
04/01/1980
1102(22)(a) .......................
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Title 42 Part 1, General
Provisions.
1102(3) ..............................
Thing of Economic Value ...........................................
04/01/1980
1102(23) ............................
Transaction Involving Government Entity ..................
04/01/1980
Section 1112 .....................
Participation in Certain Transactions Involving the
Governmental Entity.
Financial disclosure ....................................................
04/01/1980
Title 42 Part 2, Ethical
Standards for Public
Servants.
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04/01/1980
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
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EPA APPROVED STATUTES IN THE LOUISIANA SIP—Continued
State
approval/
effective
date
State citation
Title/subject
Section 1114(A)(1–4) ........
Financial Disclosures ..................................................
04/01/1980
Section 1114(C) ................
Financial Disclosures ..................................................
04/01/1980
This rule is effective on January
27, 2017. For judicial purposes, this
final rule is promulgated as of January
27, 2017. The incorporation by reference
of certain publications listed in the rule
is approved by the Director of the
Federal Register as of January 27, 2017.
DATES:
[FR Doc. 2016–31332 Filed 12–27–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 147
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2015–0372, to the
Federal eRulemaking Portal: https://
www.regulations.gov. All documents in
the docket are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
ADDRESSES:
[EPA–HQ–OW–2015–0372; FRL 9957–48–
OW]
State of Kentucky Underground
Injection Control (UIC) Class II
Program; Primacy Approval
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking this action to
approve the Commonwealth of
Kentucky’s Underground Injection
Control (UIC) Class II Program for
primacy. EPA determined that the
state’s program represents an effective
program to prevent underground
injection activities that endanger
underground sources of drinking water
(USDWs), as required under section
1425 of the Safe Drinking Water Act
(SDWA). EPA’s approval allows the
state to implement and enforce state
regulations for UIC Class II injection
wells located within the state. The
Commonwealth’s authority excludes the
regulation of injection well Classes I, III,
IV, V and VI and all wells on Indian
lands, as required by rule under the
SDWA.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Holly S. Green, Drinking Water
Protection Division, Office of Ground
Water and Drinking Water (4606M), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
566–0651; fax number: (202) 564–3754;
email address: green.holly@epa.gov; or
Nancy H. Marsh, Safe Drinking Water
Branch, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303; telephone
number (404) 562–9450; fax number:
EPA approval date
Comments
12/28/2016, [Insert Federal Register citation].
12/28/2016, [Insert Federal Register citation].
(404) 562–9439; email address:
marsh.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this final rule?
On October 28, 2016, EPA published
Kentucky’s Class II primacy approval
via a direct final rule with a parallel
proposal. The EPA stated in the direct
final rule that if we received adverse
comment, the direct final rule would
not take effect and we would publish a
timely withdrawal in the Federal
Register. During the 30-day comment
period, which ended on November 28,
2016, the EPA received three adverse
comment letters questioning Kentucky’s
capacity to run the Class II program,
along with some technical concerns
regarding the state’s program. As a
result, EPA withdrew the direct final
rule in the Federal Register in a
separate notice on December 28, 2016,
Insert Federal Register Citation. As
stated in the direct final rule and the
parallel proposed rule, EPA indicated
that it will address the public comments
in any subsequent final action, which
will be based on the parallel proposed
rule, and will not institute a second
comment period on this action.
EPA has responded in detail to the
public comments received and has
placed the response to comment
document in the docket for this action.
A summary of the comments received
and EPA response can be found in
section V of this action.
II. Does this action apply to me?
REGULATED ENTITIES
North American industry
classification system
Examples of potentially regulated entities
Industry ............................................
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Category
Private owners and operators of Class II injection wells located within
the state (Enhance Recovery, Produce Fluid Disposal and Hydrocarbon Storage).
This table is intended to be a guide for
readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. If you have questions
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regarding the applicability of this action
to a particular entity, consult the
persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
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211111 & 213111.
III. Legal Authorities
The state applied to EPA for primacy
(primary implementation and
enforcement authority) under section
1425 of the SDWA, 42 U.S.C. Sections
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[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95477-95480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31332]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0513; FRL-9956-45-Region 6]
Approval and Promulgation of Implementation Plans; Louisiana;
State Boards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Louisiana State Implementation Plan (SIP) that address requirements in
CAA Section 128 regarding State Board composition and Conflict of
Interest and Disclosure requirements.
DATES: This rule is effective on February 27, 2017 without further
notice, unless the EPA receives relevant adverse comment by January 27,
2017. 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-
2014-0513, 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 Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
A. CAA and Section 128: State Boards and Heads of Executive Agency,
Conflicts of Interest
Section 128 of the CAA requires SIPs to comply with the
requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the
CAA also references these requirements. Section 128(a) of the CAA
requires SIPs to contain provisions that: (1) Any board or body which
approves permits or enforcement orders under the CAA have at least a
majority of its members represent the public interest and not derive
any significant portion of their income from persons subject to permits
or enforcement orders under the CAA; and (2) any potential conflict of
interest by members of such board or body or the head of an executive
agency with similar powers be adequately disclosed.
The requirements of CAA section 128(a)(1) are not applicable to
Louisiana because it does not have any board or body which approves air
quality permits or enforcement orders. The requirements of CAA section
128(a)(2), however, are applicable to Louisiana because LDEQ's cabinet
level Secretary (i.e., the head of an executive agency) makes the
referenced decisions. Under Louisiana Revised Statutes at Title 30;
Subtitle 2. Environmental Quality; Chapter 2; Department of
Environmental Quality, and Chapter 3; Louisiana Air Control Law, the
Secretary of the Louisiana Department of Environmental Quality (LDEQ),
has the power and duty to, among other things, grant or deny air
quality related permits.
B. Louisiana's Submittal
On April 30, 1997 Louisiana submitted a SIP revision that contains
revisions to the Louisiana Revised Statutes for inclusion into the SIP.
The revisions that are necessary for inclusion into the State's SIP
address the requirements of CAA section 128 in
[[Page 95478]]
relation to State Boards/Head of Executive Agency and Conflicts of
Interest/Disclosure. The specific Louisiana statutes governing the
relevant CAA section 128 requirements are found in Title 42, Chapter 15
Code of Governmental Ethics and Title 30 Minerals, Oil, Gas and
Environmental Quality, Subtitle 2, Environmental Quality, as detailed
below: The relevant provisions of those Titles in the Louisiana SIP to
meet these CAA requirements are the following: Louisiana Revised
Statutes at Title 30; Chapter 2 Sections 2014.1(A)-(D): Permit review;
Prohibition; Title 42; Chapter 15: Code of Governmental Ethics; Part 1,
General Provisions, Section 1102 Definitions, Section 1102(3) ``Agency
Head;'' Section 1102(13) ``Immediate Family;'' Section 1102(22)(a)
``Thing of Economic Value;'' Section 1102(19) ``Public Servant;''
Section 1102(23), ``Transaction involving governmental entity;''
Section 1112 ``Participation in Certain Transaction Involving the
Governmental Entity;'' Sections 1114(A)(1)-(4) and (C) ``Financial
disclosure.''
II. The EPA's Evaluation
CAA section 128 requires that each state's SIP demonstrate how
State Boards or the head of an executive agency who approves CAA
permits or enforcement orders disclose any potential conflicts of
interest. The LDEQ Secretary is subject to the requirements of the
relevant conflict of interest and disclosure provisions as the head of
an Executive Agency.
LDEQ approves all CAA permits and enforcement orders in Louisiana.
LDEQ is an executive agency that acts through its Secretary. LDEQ
submits that public disclosure of any potential conflict in the SIP as
required by CAA sections 128 and 110(a)(2)(E)(ii) pursuant to the
requirements that if such person derives anything of economic value
that such person should be aware, he/she must disclose specified
elements under Title 42; Chapter 15: Code of Governmental Ethics;
Section 1114(A)(1)-(4) and (C) ``Financial disclosure.'' In addition,
if the Secretary of LDEQ receives or had received, during the previous
two years, a significant portion of income directly or indirectly from
a permit applicant, among other specified prohibitions, such individual
must be recused from the permit approval process for that permit under
Title 30; Chapter 2, Sections 2014.1(A)-(D): Permit review;
Prohibition. The SIP revision through submittal of these relevant
revised statutes demonstrates that Louisiana complies with the
requirements of CAA sections 128 and 110(a)(2)(E)(ii).
It is necessary to act on the above-cited provisions to meet the
requirements of the CAA Section 128 which sets forth requirements for
State Boards and Agency Head and Conflicts of Interest/Disclosure. We
find that the cited provisions are approvable and meet the requirements
of CAA Section 128. This submittal included other Louisiana Revised
Statutes that are unnecessary for inclusion into the Louisiana SIP as
they do not relate to the CAA 128 and the Conflict of Interest/
Disclosure provisions and thus not relevant for inclusion into the SIP.
We are also approving a ministerial change to remove language from
40 CFR part 52.2270(e) concerning Title 40: Chapter 12, EPA Approved
Statutes in the Louisiana SIP. This will correct a citation that was
included in the CFR when the format of part 52 was converted and was
not previously approved into the SIP.
III. Final Action
We are approving revisions to the Louisiana SIP that contain
several provisions of the Louisiana Revised Statutes to update the
federally approved Louisiana SIP. Those are the following: Louisiana
Revised Statutes at Title 30; Chapter 2 Sections 2014.1(A)-(D): Permit
review; Prohibition; Title 42; Chapter 15: Code of Governmental Ethics;
Part 1, General Provisions, Section 1102 Definitions, Section 1102(3)
``Agency Head;'' Section 1102(13) ``Immediate Family;'' Section
1102(22)(a) ``Thing of Economic Value;'' Section 1102(19) ``Public
Servant;'' Section 1102(23), ``Transaction involving governmental
entity;'' Section 1112 ``Participation in Certain Transaction Involving
the Governmental Entity;'' Sections 1114(A)(1)-(4) and (C) ``Financial
disclosure.'' We are also approving a ministerial change to remove
language from 40 CFR part 52.2270(e).
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 the SIP revision if relevant adverse
comments are received. This rule will be effective on February 27, 2017
without further notice unless we receive relevant adverse comment by
January 27, 2017. 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. 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
[[Page 95479]]
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 February 27, 2017. 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).)
Samuel Coleman was designated the Acting Regional Administrator on
December 21, 2016 through the order of succession outlined in Regional
Order R6-1110.1, a copy of which is included in the docket for this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Government employees.
Dated: December 21, 2016.
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 T--Louisiana
0
2. In Sec. 52.970(e), the table titled ``EPA Approved Statutes in the
Louisiana SIP'' is amended by removing the centered heading and the
entries for ``LA of R.S. of 1950. Title 40, Chapter 12. The Louisiana
Air Control Law, Part 1, Louisiana Air Control Commission'' and adding
centered headings and entries for ``Louisiana Revised Statutes (La.
R.S. of 1993) Title 30'' and ``Louisiana Revised Statutes (La. R.S. of
1972) Title 42'' at the end of the table.
The amendments read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(e) * * *
EPA Approved Statutes in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Louisiana Revised Statutes (La. R.S. of 1993). Title 30, Minerals, oil, gas and environmental quality, Subtitle
II. Environmental Quality, Chapter 2. Department of Environment Quality; Permit Review; Prohibition
----------------------------------------------------------------------------------------------------------------
Title 30: Subtitle II, Permit Permit review; 06/10/1993 12/28/2016,
Review, Ch. 2, Permit Review; Prohibition. [Insert Federal
Prohibition, Section 2014.1(A) Register
and (B). citation].
----------------------------------------------------------------------------------------------------------------
Louisiana Revised Statutes (La. R.S. of 1972). Title 42, Public Officers and Employees, Chapter 15 Code of
Governmental Ethics Part 1, General Provisions and Part 2 Ethical Standards for Public Servants
----------------------------------------------------------------------------------------------------------------
Title 42 Part 1, General Definitions............ 04/01/1980 12/28/2016,
Provisions. [Insert Federal
Register
citation].
1102(3)........................ Agency Head............ 04/01/1980 12/28/2016,
[Insert Federal
Register
citation].
1102(13)....................... Immediate Family....... 04/01/1980 12/28/2016,
[Insert Federal
Register
citation].
1102(19)....................... Public Servant......... 04/01/1980 12/28/2016,
[Insert Federal
Register
citation].
1102(22)(a).................... Thing of Economic Value 04/01/1980 12/28/2016,
[Insert Federal
Register
citation].
1102(23)....................... Transaction Involving 04/01/1980 12/28/2016,
Government Entity. [Insert Federal
Register
citation].
Section 1112................... Participation in 04/01/1980 12/28/2016,
Certain Transactions [Insert Federal
Involving the Register
Governmental Entity. citation].
Title 42 Part 2, Ethical Financial disclosure... 04/01/1980 12/28/2016,
Standards for Public Servants. [Insert Federal
Register
citation].
[[Page 95480]]
Section 1114(A)(1-4)........... Financial Disclosures.. 04/01/1980 12/28/2016,
[Insert Federal
Register
citation].
Section 1114(C)................ Financial Disclosures.. 04/01/1980 12/28/2016,
[Insert Federal
Register
citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-31332 Filed 12-27-16; 8:45 am]
BILLING CODE 6560-50-P
