Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone National Ambient Air Quality Standards, 34106-34107 [2020-10064]

Download as PDF 34106 Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations paragraph L60(a) in Table 3–1 of Department of Homeland Security Directive 023–01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 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: contact the COTP or the COTP’s designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the 24-hour Command Center at telephone (415) 399–3547. (d) Enforcement period. This section will be enforced from May 29, 2020 through June 30, 2020. (e) Information broadcasts. The COTP or the COTP’s designated representative will notify the maritime community of periods during which this zone will be enforced in accordance with 33 CFR 165.7. Dated: May 28, 2020. Marie B. Byrd, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2020–12085 Filed 6–2–20; 8:45 am] BILLING CODE 9110–04–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 40 CFR Part 52 2. Add § 165.T11–027 to read as follows: Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone National Ambient Air Quality Standards ■ lotter on DSK9F5VC42PROD with RULES § 165.T11–027 Safety Zone; Pier 45 Fire Cleanup and Potential Marine Debris, San Francisco Bay, San Francisco, CA. (a) Location. The following area is a safety zone: All navigable waters of San Francisco Bay, from surface to bottom, 150 yards surrounding Pier 45, San Francisco, CA. (b) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart B of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must VerDate Sep<11>2014 16:16 Jun 02, 2020 Jkt 250001 [EPA–R06–OAR–2019–0211; FRL–10008– 61–Region 6] Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving elements of two State Implementation Plan (SIP) submittals from Louisiana for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The submittals address how the existing SIP provides for the implementation, maintenance, and enforcement of the 2015 ozone NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures that the Louisiana SIP is adequate to meet the state’s responsibilities under the CAA for this NAAQS. DATES: This rule is effective on July 6, 2020. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2019–0211. All documents in the docket are listed on the https://www.regulations.gov SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet. Publicly available docket materials are available electronically through https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, EPA Region 6 Office, Infrastructure & Ozone Section, 214– 665–6454, fuerst.sherry@epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office will be closed to the public to reduce the risk of transmitting COVID– 19. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. I. Background The background for this action is discussed in detail in our February 28, 2020, proposal (85 FR 11931). In that action we proposed to approve the State’s February 7, 2019, SIP submittal, and portions of the State’s November 8, 2019, SIP submittal pursuant to the requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through (C), and (H) through (M). We also proposed approving the Louisiana SIP for compliance with CAA sections 110(a)(2)(D)(i)(II), Interference with Prevention of Significant Deterioration and 110(a)(2)(D)(ii), Interstate Pollution Abatement (which refers to CAA section 126) and International Air Pollution (which refers to CAA section 115). We did not propose action on the remaining portions of the November 8, 2019, submittal addressing CAA section 110(a)(2)(D)(i)(I), and 110(a)(2)(D)(i)(II) (visibility protection portion), which will be addressed in separate, subsequent actions. We did not receive any comments regarding our proposal. II. Final Action The EPA is approving the February 7, 2019, SIP submittal, and portions of the November 8, 2019, SIP submittal for Louisiana pursuant to the requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through (C), 110(a)(2)(D)(i)(II) (the Prevention of Significant Deterioration portion), 110(a)(2)(D)(ii), 110(a)(2)(E) through (H) and 110(a)(2)(J) through (M). The submission addressed how Louisiana’s existing SIP provides for implementation, maintenance, and E:\FR\FM\03JNR1.SGM 03JNR1 Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations enforcement of the 2015 Ozone NAAQS. This action is being taken under section 110 of the Act. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 34107 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 August 3, 2020. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone. Dated: May 5, 2020. Kenley McQueen, Regional Administrator, Region 6. For the reasons stated in the preamble, amend 40 CFR part 52 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, in paragraph (e), amend the table titled ‘‘EPA Approved Louisiana Provisions and QuasiRegulatory Measures by adding an entry for ‘‘Infrastructure for the 2015 Ozone NAAQS’’ at the end of the table to read as follows: ■ § 52.970 * Identification of Plan. * * (e) * * * * * EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES Name of SIP provision Applicable geographic or nonattainment area lotter on DSK9F5VC42PROD with RULES * * Infrastructure for the Statewide ................... 2015 Ozone NAAQS. State submittal/ effective date EPA approval date * * * 2/7/19, 11/8/19 ........... 6/3/2020, [Insert Federal Register citation]. Comments * * Approval for 110(a)(2)(A), (B), (C), (D)(i)(I) (portion pertaining to PSD), D(ii), (E), (F), (G), (H), (J), (K), (L) and (M). [FR Doc. 2020–10064 Filed 6–2–20; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:16 Jun 02, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 E:\FR\FM\03JNR1.SGM 03JNR1

Agencies

[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34106-34107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10064]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2019-0211; FRL-10008-61-Region 6]


Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving elements of two 
State Implementation Plan (SIP) submittals from Louisiana for the 2015 
ozone National Ambient Air Quality Standards (NAAQS). The submittals 
address how the existing SIP provides for the implementation, 
maintenance, and enforcement of the 2015 ozone NAAQS (infrastructure 
SIP or i-SIP). The i-SIP ensures that the Louisiana SIP is adequate to 
meet the state's responsibilities under the CAA for this NAAQS.

DATES: This rule is effective on July 6, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2019-0211. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, EPA Region 6 Office, 
Infrastructure & Ozone Section, 214-665-6454, [email protected]. 
Out of an abundance of caution for members of the public and our staff, 
the EPA Region 6 office will be closed to the public to reduce the risk 
of transmitting COVID-19. Please call or email the contact listed above 
if you need alternative access to material indexed but not provided in 
the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
February 28, 2020, proposal (85 FR 11931). In that action we proposed 
to approve the State's February 7, 2019, SIP submittal, and portions of 
the State's November 8, 2019, SIP submittal pursuant to the 
requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through (C), 
and (H) through (M). We also proposed approving the Louisiana SIP for 
compliance with CAA sections 110(a)(2)(D)(i)(II), Interference with 
Prevention of Significant Deterioration and 110(a)(2)(D)(ii), 
Interstate Pollution Abatement (which refers to CAA section 126) and 
International Air Pollution (which refers to CAA section 115). We did 
not propose action on the remaining portions of the November 8, 2019, 
submittal addressing CAA section 110(a)(2)(D)(i)(I), and 
110(a)(2)(D)(i)(II) (visibility protection portion), which will be 
addressed in separate, subsequent actions. We did not receive any 
comments regarding our proposal.

II. Final Action

    The EPA is approving the February 7, 2019, SIP submittal, and 
portions of the November 8, 2019, SIP submittal for Louisiana pursuant 
to the requirements of CAA sections 110(a)(1) and 110(a)(2)(A) through 
(C), 110(a)(2)(D)(i)(II) (the Prevention of Significant Deterioration 
portion), 110(a)(2)(D)(ii), 110(a)(2)(E) through (H) and 110(a)(2)(J) 
through (M). The submission addressed how Louisiana's existing SIP 
provides for implementation, maintenance, and

[[Page 34107]]

enforcement of the 2015 Ozone NAAQS. This action is being taken under 
section 110 of the Act.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 3, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone.

    Dated: May 5, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, amend 40 CFR part 52 as 
follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart T--Louisiana

0
2. In Sec.  52.970, in paragraph (e), amend the table titled ``EPA 
Approved Louisiana Provisions and Quasi-Regulatory Measures by adding 
an entry for ``Infrastructure for the 2015 Ozone NAAQS'' at the end of 
the table to read as follows:


Sec.  52.970  Identification of Plan.

* * * * *
    (e) * * *

                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or     State submittal/
     Name of SIP provision         nonattainment      effective date   EPA approval date         Comments
                                        area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure for the 2015      Statewide........  2/7/19, 11/8/19..  6/3/2020, [Insert  Approval for
 Ozone NAAQS.                                                           Federal Register   110(a)(2)(A), (B),
                                                                        citation].         (C), (D)(i)(I)
                                                                                           (portion pertaining
                                                                                           to PSD), D(ii), (E),
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L) and (M).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-10064 Filed 6-2-20; 8:45 am]
 BILLING CODE 6560-50-P


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