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]
=======================================================================
-----------------------------------------------------------------------
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