Air Plan Approval; Louisiana; Repeal of Excess Emissions Related Provisions, 60292-60295 [2022-21248]

Download as PDF 60292 Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Rules and Regulations impose any federal intergovernmental mandate. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. The proposed finding of failure to attain the SO2 NAAQS does not apply to tribal areas, and the proposed rule would not impose a burden on Indian reservation lands or other areas where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction within the St. Bernard Parish SO2 nonattainment area. Thus, this proposed 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. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This proposed action is not subject to Executive Order 13045 because the effect of this proposed action, if finalized, would be to trigger additional planning requirements under the CAA. This proposed action does not establish an environmental standard intended to mitigate health or safety risks. jspears on DSK121TN23PROD with RULES H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. VerDate Sep<11>2014 16:20 Oct 04, 2022 Jkt 259001 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The effect of this proposed action, if finalized, would be to trigger additional planning requirements under the CAA. K. 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). L. Judicial Review 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 December 5, 2022. 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 CAA section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Pollution, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: September 26, 2022. Earthea Nance, Regional Administrator, Region 6. For the reasons stated in the preamble, the EPA amends chapter I, title 40 of the Code of Federal Regulations as follows: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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. Subpart T is amended by adding § 52.978 to read as follows: ■ § 52.978 Control strategy and regulations: Sulfur dioxide. (a) Determination of failure to attain. Effective November 4, 2022, the EPA has determined that the St. Bernard Parish nonattainment area failed to attain the 2010 1-hour primary sulfur dioxide (SO2) national ambient air quality standards (NAAQS) by the applicable attainment date of October 4, 2018. This determination triggers the requirements of CAA section 179(d) for the State of Louisiana to submit a revision to the Louisiana SIP for the St. Bernard Parish nonattainment area to the EPA by October 5, 2023. The SIP revision must, among other elements, provide for attainment of the 1-hour primary SO2 NAAQS in the St. Bernard Parish SO2 nonattainment area as expeditiously as practicable but no later than October 5, 2027. (b) [Reserved] [FR Doc. 2022–21249 Filed 10–4–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2016–0688; FRL–9955–02– R6] Air Plan Approval; Louisiana; Repeal of Excess Emissions Related Provisions 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 a State Implementation Plan (SIP) submitted by the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), on November 20, 2016. The submittal is in response to the EPA’s national SIP call on June 12, 2015, concerning excess emissions during periods of Startup, Shutdown, and Malfunction (SSM). EPA is approving the SIP submittal and finds that the SIP SUMMARY: E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Rules and Regulations revision corrects certain deficiencies identified in the June 12, 2015, SIP call. DATES: This rule is effective on November 4, 2022. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2016–0688. 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: Mr. Alan Shar, Regional Haze and SO2 Section, EPA Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, (214) 665–6691, Shar.alan@epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office may 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. jspears on DSK121TN23PROD with RULES I. Background The background for this action is discussed in detail in our July 22, 2022 (87 FR 43760) proposal. In that document, we proposed to approve the removal of LAC 33:III.1107(A), LAC 33:III.1507(A), LAC 33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 33:III.2307(C)(1)(a), and LAC 33:III.2307(C)(2)(a) from the Louisiana SIP. We also proposed to determine that such SIP revision corrects substantial inadequacies identified in the June 12, 2015 SIP call. II. Response to Comments The public comment period for our proposed approval and determination ended on August 22, 2022, and no adverse comments were received. We received a comment letter supporting the action and urging EPA to take action on a separate SIP submittal concerning LAC 33:III.2201(C)(8) of the Louisiana SIP. We acknowledge the support for our proposal and note that while LAC 33:III.2201(C)(8) of the Louisiana SIP was not the subject of our July 22, 2022 (87 FR 43760) proposal, the EPA intends to fulfill its obligations under the terms of a consent decree for taking action on VerDate Sep<11>2014 16:20 Oct 04, 2022 Jkt 259001 the Louisiana SIP submittal concerning LAC 33:III.2201(C)(8).1 We also received numerous comment letters from the public as part of an effort organized by the Sierra Club that urged EPA to take action to close SSM ‘‘loopholes.’’ The commenters state that these SSM loopholes allow large amounts of pollution and that elimination of the loopholes will largely benefit Black, Latino, and Indigenous communities. These comments addressed SSM in general and did not include any specific comments on this rulemaking, which is focused on EPA’s approval of the State’s request to remove certain exemptions from the Louisiana SIP. With the removal of these provisions, sources in the State will no longer be able to use the repealed exemptions and will have greater incentives to control their air emissions. EPA recognizes that certain communities are disproportionately impacted by environmental harms and risks. EPA is working to address disproportionate impacts in our programs to the greatest extent allowed by federal law. EPA is committed to our mission to protect human health and the environment by ensuring that federal laws protecting human health and the environment are administered and enforced fairly, effectively, and as Congress intended, including through EPA’s oversight role in the implementation of the CAA. For example, the EPA has committed to address environmental justice concerns by conducting a Multi-Scale Monitoring Project. This project includes unannounced inspections, sampling, and air monitoring in priority areas. More about the Multi-Scale Monitoring Project can be found at https:// www.epa.gov/newsreleases/epaadministrator-regan-announces-boldactions-protect-communities-followingjourney. As no specific concerns were raised in public comment regarding this rulemaking action, we are finalizing our action as proposed. III. Final Action The EPA is approving a revision to the Louisiana SIP submitted by LDEQ on November 22, 2016, in response to EPA’s national SIP call of June 12, 2015 concerning excess emissions during periods of SSM. More specifically, we are approving the removal of LAC 33:III.1107(A), LAC 33:III.1507(A), LAC 33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 33:III.2307(C)(1)(a), and LAC 1 See Consent Decree resolving Sierra Club et al. v. Regan (Case No. 4:21–CV–6956–SBA, N.D. Calif.). PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 60293 33:III.2307(C)(2)(a) from the Louisiana SIP. We are approving these revisions in accordance with section 110 of the Act. The EPA is also determining that this SIP revision corrects deficiencies identified in the June 12, 2015 SIP call related to the above-referenced provisions. IV. Environmental Justice Considerations Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ The EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ 2 EPA provided additional analysis of environmental justice associated with this action for the purpose of providing information to the public in our July 22, 2022 (87 FR 43760) proposal. As discussed in the proposed action, we believe that this proposed action will be beneficial to all population groups within Louisiana and may reduce impacts. Exemptions for excess emissions during periods of SSM undermine the ability of the SIP to attain and maintain the NAAQS, to protect Prevention of Significant Deterioration increments, to improve visibility and to meet other CAA requirements. Such exemption provisions have the potential to lessen the incentive for development of control strategies that are effective at reducing emissions during certain modes of sources’ operations such as startups and shutdowns or to take prompt steps to rectify malfunctions. Removal of these exemption provisions from the Louisiana SIP will bring the treatment of excess emissions in the SIP into line 2 https://www.epa.gov/environmentaljustice/ learn-about-environmental-justice. E:\FR\FM\05OCR1.SGM 05OCR1 60294 Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Rules and Regulations with CAA requirements; thus, sources in the State will no longer be able to use the repealed exemptions and will have greater incentives to control their air emissions. We therefore determine that this rule will not have disproportionately high or adverse human health or environmental effects on communities with environmental justice concerns. jspears on DSK121TN23PROD with RULES V. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is removing the incorporation by reference of LAC 33:III.1107(A), LAC 33:III.1507(A), LAC 33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 33:III.2307(C)(1)(a), and LAC 33:III.2307(C)(2)(a) in 40 CFR 52.970, as described in the Final Action above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for removal from the SIP, have been removed from incorporation by reference by EPA into that plan, are no longer federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA’s approval, and the incorporation by reference will be removed in the next update to the SIP compilation. VI. 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 VerDate Sep<11>2014 16:20 Oct 04, 2022 Jkt 259001 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). This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. 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 December 5, 2022. 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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: September 26, 2022. Earthea Nance, Regional Administrator, Region 6. For the reasons stated in the preamble, the Environmental Protection Agency amends 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. Amend § 52.970 in the table in paragraph (c) titled ‘‘EPA Approved Louisiana Regulations in the Louisiana SIP’’ as follows: ■ a. Under ‘‘Chapter 11—Control of Emissions From Smoke,’’ remove the entry for ‘‘Section 1107.A Exemptions’’; ■ b. Under ‘‘Chapter 15—Emission Standards for Sulfur Dioxide,’’ remove the entry for ‘‘Section 1507 Exceptions, Startup provisions, Online Operating Adjustments, and Bubble Concept’’; ■ c. Under ‘‘Chapter 21—Control of Emissions of Organic Compounds,’’ under ‘‘Subchapter M. Limiting Volatile Organic Compound Emissions from Industrial Wastewater,’’ revise the entry for ‘‘Section 2153.B., 2153.B.1.d. –d.ii., 2153.B.3.–4.b Control Requirements‘‘; ■ d. Under ‘‘Chapter 23—Control of Emissions from Specific Industries,’’ remove the entry for ‘‘Subchapter D. Emission Standards for the Nitric Acid Industry.’’ The revision reads as follows: ■ § 52.970 * Identification of plan. * * (c) * * * E:\FR\FM\05OCR1.SGM 05OCR1 * * 60295 Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Rules and Regulations EPA APPROVED REGULATIONS IN LOUISIANA SIP State citation Title/subject State approval date EPA approval date Comments LAC Title 33. Environmental Quality Part III. Air * * * * * * Chapter 21—Control of Emissions of Organic Compounds * * * * * Subchapter M. Limiting Volatile Organic Compound Emissions from Industrial Wastewater * * * Section 2153.B., 2153.B.1.d. Control Requirements ............ –d.ii., 2153.B.3.–4.b. * * * * * * * 5/20/1999, 10/ 20/2016 * * * 178 (see also Unit I.C. of the * SUPPLEMENTARY INFORMATION). BILLING CODE 6560–50–P ADDRESSES: 40 CFR Part 180 [EPA–HQ–OPP–2021–0184; FRL–10228–01– OCSPP] IN–11460: 2-Propenoic Acid, Polymer With Ethene, Ethenyl Acetate and Sodium Ethenesulfonate; Tolerance Exemption Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, polymer with ethene, ethenyl acetate and sodium ethenesulfonate (CAS Reg. No. 429691–44–1) when used as an inert ingredient in a pesticide chemical formulation. Celanese Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2propenoic acid, polymer with ethene, ethenyl acetate and sodium ethenesulfonate on food or feed commodities. SUMMARY: This regulation is effective October 5, 2022. Objections and requests for hearings must be received on or before December 5, 2022 and must be filed in accordance with the instructions provided in 40 CFR part DATES: VerDate Sep<11>2014 16:20 Oct 04, 2022 Jkt 259001 The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2022–0188, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and the OPP Docket is (202) 566–1744. For the latest status information on EPA/DC services, docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (202) 566–1030; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 * * * * * 7/5/2011, 76 FR 38977, 10/5/ Section 2153.B.1.i is no 2022 [Insert Federal Reglonger in SIP, 10/5/2022. ister citation].. [FR Doc. 2022–21248 Filed 10–4–22; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY jspears on DSK121TN23PROD with RULES * * * • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 40 CFR part 180 through the Office of the Federal Register’s e-CFR site at https:// www.ecfr.gov/current/title-40. C. Can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2022–0188 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before December 5, 2022. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Rules and Regulations]
[Pages 60292-60295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21248]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0688; FRL-9955-02-R6]


Air Plan Approval; Louisiana; Repeal of Excess Emissions Related 
Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) submitted by the State of Louisiana, through 
the Louisiana Department of Environmental Quality (LDEQ), on November 
20, 2016. The submittal is in response to the EPA's national SIP call 
on June 12, 2015, concerning excess emissions during periods of 
Startup, Shutdown, and Malfunction (SSM). EPA is approving the SIP 
submittal and finds that the SIP

[[Page 60293]]

revision corrects certain deficiencies identified in the June 12, 2015, 
SIP call.

DATES: This rule is effective on November 4, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0688. 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: Mr. Alan Shar, Regional Haze and 
SO2 Section, EPA Region 6 Office, 1201 Elm Street, Suite 
500, Dallas, Texas 75270, (214) 665-6691, [email protected]. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 6 office may 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 July 
22, 2022 (87 FR 43760) proposal. In that document, we proposed to 
approve the removal of LAC 33:III.1107(A), LAC 33:III.1507(A), LAC 
33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 33:III.2307(C)(1)(a), and 
LAC 33:III.2307(C)(2)(a) from the Louisiana SIP. We also proposed to 
determine that such SIP revision corrects substantial inadequacies 
identified in the June 12, 2015 SIP call.

II. Response to Comments

    The public comment period for our proposed approval and 
determination ended on August 22, 2022, and no adverse comments were 
received. We received a comment letter supporting the action and urging 
EPA to take action on a separate SIP submittal concerning LAC 
33:III.2201(C)(8) of the Louisiana SIP.
    We acknowledge the support for our proposal and note that while LAC 
33:III.2201(C)(8) of the Louisiana SIP was not the subject of our July 
22, 2022 (87 FR 43760) proposal, the EPA intends to fulfill its 
obligations under the terms of a consent decree for taking action on 
the Louisiana SIP submittal concerning LAC 33:III.2201(C)(8).\1\
---------------------------------------------------------------------------

    \1\ See Consent Decree resolving Sierra Club et al. v. Regan 
(Case No. 4:21-CV-6956-SBA, N.D. Calif.).
---------------------------------------------------------------------------

    We also received numerous comment letters from the public as part 
of an effort organized by the Sierra Club that urged EPA to take action 
to close SSM ``loopholes.'' The commenters state that these SSM 
loopholes allow large amounts of pollution and that elimination of the 
loopholes will largely benefit Black, Latino, and Indigenous 
communities. These comments addressed SSM in general and did not 
include any specific comments on this rulemaking, which is focused on 
EPA's approval of the State's request to remove certain exemptions from 
the Louisiana SIP. With the removal of these provisions, sources in the 
State will no longer be able to use the repealed exemptions and will 
have greater incentives to control their air emissions.
    EPA recognizes that certain communities are disproportionately 
impacted by environmental harms and risks. EPA is working to address 
disproportionate impacts in our programs to the greatest extent allowed 
by federal law. EPA is committed to our mission to protect human health 
and the environment by ensuring that federal laws protecting human 
health and the environment are administered and enforced fairly, 
effectively, and as Congress intended, including through EPA's 
oversight role in the implementation of the CAA. For example, the EPA 
has committed to address environmental justice concerns by conducting a 
Multi-Scale Monitoring Project. This project includes unannounced 
inspections, sampling, and air monitoring in priority areas. More about 
the Multi-Scale Monitoring Project can be found at https://www.epa.gov/newsreleases/epa-administrator-regan-announces-bold-actions-protect-communities-following-journey.
    As no specific concerns were raised in public comment regarding 
this rulemaking action, we are finalizing our action as proposed.

III. Final Action

    The EPA is approving a revision to the Louisiana SIP submitted by 
LDEQ on November 22, 2016, in response to EPA's national SIP call of 
June 12, 2015 concerning excess emissions during periods of SSM. More 
specifically, we are approving the removal of LAC 33:III.1107(A), LAC 
33:III.1507(A), LAC 33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 
33:III.2307(C)(1)(a), and LAC 33:III.2307(C)(2)(a) from the Louisiana 
SIP. We are approving these revisions in accordance with section 110 of 
the Act. The EPA is also determining that this SIP revision corrects 
deficiencies identified in the June 12, 2015 SIP call related to the 
above-referenced provisions.

IV. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' \2\
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    \2\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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    EPA provided additional analysis of environmental justice 
associated with this action for the purpose of providing information to 
the public in our July 22, 2022 (87 FR 43760) proposal. As discussed in 
the proposed action, we believe that this proposed action will be 
beneficial to all population groups within Louisiana and may reduce 
impacts. Exemptions for excess emissions during periods of SSM 
undermine the ability of the SIP to attain and maintain the NAAQS, to 
protect Prevention of Significant Deterioration increments, to improve 
visibility and to meet other CAA requirements. Such exemption 
provisions have the potential to lessen the incentive for development 
of control strategies that are effective at reducing emissions during 
certain modes of sources' operations such as startups and shutdowns or 
to take prompt steps to rectify malfunctions. Removal of these 
exemption provisions from the Louisiana SIP will bring the treatment of 
excess emissions in the SIP into line

[[Page 60294]]

with CAA requirements; thus, sources in the State will no longer be 
able to use the repealed exemptions and will have greater incentives to 
control their air emissions. We therefore determine that this rule will 
not have disproportionately high or adverse human health or 
environmental effects on communities with environmental justice 
concerns.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is removing the incorporation by reference of LAC 
33:III.1107(A), LAC 33:III.1507(A), LAC 33:III.1507(B), LAC 
33:III.2153(B)(1)(i), LAC 33:III.2307(C)(1)(a), and LAC 
33:III.2307(C)(2)(a) in 40 CFR 52.970, as described in the Final Action 
above. The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for removal from the SIP, have been removed from 
incorporation by reference by EPA into that plan, are no longer 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of the EPA's approval, and the 
incorporation by reference will be removed in the next update to the 
SIP compilation.

VI. 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 December 5, 2022. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 26, 2022.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 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. Amend Sec.  52.970 in the table in paragraph (c) titled ``EPA 
Approved Louisiana Regulations in the Louisiana SIP'' as follows:
0
a. Under ``Chapter 11--Control of Emissions From Smoke,'' remove the 
entry for ``Section 1107.A Exemptions'';
0
b. Under ``Chapter 15--Emission Standards for Sulfur Dioxide,'' remove 
the entry for ``Section 1507 Exceptions, Startup provisions, Online 
Operating Adjustments, and Bubble Concept'';
0
c. Under ``Chapter 21--Control of Emissions of Organic Compounds,'' 
under ``Subchapter M. Limiting Volatile Organic Compound Emissions from 
Industrial Wastewater,'' revise the entry for ``Section 2153.B., 
2153.B.1.d. -d.ii., 2153.B.3.-4.b Control Requirements``;
0
d. Under ``Chapter 23--Control of Emissions from Specific Industries,'' 
remove the entry for ``Subchapter D. Emission Standards for the Nitric 
Acid Industry.''
    The revision reads as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

[[Page 60295]]



                                    EPA Approved Regulations in Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval
          State citation              Title/subject          date        EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
                                LAC Title 33. Environmental Quality Part III. Air
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                              Chapter 21--Control of Emissions of Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
              Subchapter M. Limiting Volatile Organic Compound Emissions from Industrial Wastewater
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 2153.B., 2153.B.1.d. -     Control              5/20/1999, 10/  7/5/2011, 76 FR      Section 2153.B.1.i
 d.ii., 2153.B.3.-4.b.              Requirements.              20/2016   38977, 10/5/2022     is no longer in
                                                                         [Insert Federal      SIP, 10/5/2022.
                                                                         Register
                                                                         citation]..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-21248 Filed 10-4-22; 8:45 am]
BILLING CODE 6560-50-P
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