Air Plan Disapproval; Louisiana; Removal of Excess Emissions Provisions; Correction, 106328-106330 [2024-30747]
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106328
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Revise and republish § 165.T01–
0820 to read as follows:
■
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§ 165.T01–0820 Safety Zone; Kernwood
Avenue Bridge Repairs—Danvers River,
Salem, MA, and Beverly, MA.
(a) Location. The following area is a
safety zone: all navigable waters within
a 100-yard radius of the center point of
the Massachusetts Department of
Transportation (MassDOT) Kernwood
Avenue Bridge, at mile 1.0 spanning the
Danvers River between Salem, MA, and
Beverly, MA, in approximate position
42°32′34.8″N 70°53′54.2″W.
(b) Enforcement period. The safety
zone in paragraph (a) of this section is
effective from December 20, 2024,
through 11:59 p.m. on November 30,
2025. The section is subject to
enforcement only during periods the
navigable channel is restricted by the
contractor’s work vessels, when the
span cannot be mechanically operated,
or in response to an emergency or
hazardous condition during this period.
The Coast Guard will make notice of
this safety zone via the Local Notice to
Mariners and issue a Broadcast Notice
to Mariners via marine channel 16
(VHF–FM) as soon as practicable in
response to an emergency or hazardous
condition. In addition, if the project is
completed before 11:59 p.m. on
November 30, 2025, enforcement of the
safety zone will be suspended, and
notice given via Local Notice to
Mariners. The First Coast Guard District
Local Notice to Mariners can be found
at: https://www.navcen.uscg.gov.
(c) Definitions. As used in this
section:
(1) Designated representative means
any Coast Guard commissioned,
warrant, petty officer, or any federal,
state, or local law enforcement officer
who has been designated by the Captain
of the Port Boston (COTP) to act on his
or her behalf. The designated
representative may be on an official
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patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official patrol vessels mean any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned or approved by the COTP to
enforce this section.
(d) Regulations. When this safety zone
is enforced, the following regulations,
along with those contained in 33 CFR
165.23 apply:
(1) No person or vessel may enter or
remain in this safety zone without the
permission of the COTP or the COTP’s
designated representatives. Any person
or vessel permitted to enter the safety
zone must comply with the lawful
directions and orders of the COTP or the
COTP’s designated representatives.
(2) To seek permission to enter the
safety zone, individuals may reach the
COTP or a COTP-designated
representative via Channel 16 (VHF–
FM) or (857) 416–3015 (Sector Boston
Command Center).
Dated: December 20, 2024.
J.C. Frederick,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2024–31311 Filed 12–27–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2019–0212; FRL–10997–
04–R6]
Air Plan Disapproval; Louisiana;
Removal of Excess Emissions
Provisions; Correction
Environmental Protection
Agency (EPA).
ACTION: Final action; correction.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that a
portion of a December 7, 2023, final
disapproval action of a state
implementation plan (SIP) revision
submitted by the State of Louisiana was
in error and making a correction
pursuant to the Clean Air Act (CAA).
DATES: This final action is effective on
December 30, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R06–OAR–2019–0212. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
SUMMARY:
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information is not publicly available,
e.g., confidential business information
(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 through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
General questions concerning this
publication should be addressed to
Michael Feldman, Regional Haze and
SO2 Section, Air & Radiation Division,
U.S. Environmental Protection Agency,
Region VI, 1201 Elm Street, Dallas,
Texas 75270; by telephone (214) 665–
9793 or by email at feldman.michael@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How is the preamble organized?
The information presented in this
preamble is organized as follows:
Table of Contents
I. General Information
A. How is the preamble organized?
II. Background
III. What is the EPA correcting?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
II. Background
On November 8, 2024, the EPA
proposed to correct an error in an earlier
EPA action, using the authority of
section 110(k)(6) of the CAA.
Specifically, the proposed action
explained that the error occurred in a
December 7, 2023, EPA action 1
disapproving revisions to the SIP for the
State of Louisiana submitted in response
to the 2015 SSM SIP Action.2
On June 12, 2015, the EPA finalized
the 2015 SSM SIP Action, which
clarified, restated, and updated the
EPA’s national policy regarding SIP
provisions applying to excess emissions
during periods of startup, shutdown,
and malfunction (SSM). As part of the
2015 SSM SIP Action, the EPA issued
a finding that certain SIP provisions for
36 states that were applicable in 45
statewide and local jurisdictions were
1 88
FR 85112 (December 7, 2023).
Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of
EPA’s SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction, 80
FR 33840 (June 12, 2015).
2 State
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substantially inadequate to meet CAA
requirements due to how those SIP
provisions treated excess emissions
during SSM periods. Further, the EPA
issued a ‘‘SIP call’’ to each of those 45
air agencies, including the State of
Louisiana on the basis that Louisiana’s
SIP contained impermissible automatic
and discretionary exemptions that were
substantially inadequate to meet CAA
requirements.3 To respond to the EPA’s
SIP call in the 2015 SSM SIP Action,
each affected state was required to
submit its corrective SIP revision by
November 22, 2016. On December 7,
2023, the EPA took final action 4 to
disapprove certain portions of a SIP
revision submitted by the State of
Louisiana on November 20, 2016, and
supplemented on June 9, 2017, because
the EPA found that Louisiana’s SIP
revision did not correct the deficiency
identified in Louisiana’s SIP in the 2015
SSM SIP Action.5
As a result of the March 1, 2024,
decision from the United States Court of
Appeals for the District of Columbia
Circuit in Environ. Comm. Fl. Elec.
Power v. EPA, 94 F.4th 77 (D.C. Cir.
2024), certain portions of the EPA’s SIP
call in the 2015 SSM SIP Action were
vacated by the D.C. Circuit and therefore
have no legal effect. Thus, certain states
subject to the 2015 SSM SIP Action no
longer have a legal obligation to submit
the revisions that the EPA had originally
determined were required to correct the
deficiencies identified in the SIP call.6
In other words, by partially vacating the
EPA’s 2015 SSM SIP Action, the D.C.
Circuit’s decision rendered Louisiana’s
SIP submission in response to the 2015
SSM SIP Action voluntary rather than
mandatory. As a result, the EPA
proposed to correct the EPA’s December
7, 2023, disapproval action with respect
to the consequences of that disapproval.
A more complete explanation of the
reasons for the proposed error
correction can be found in the
November 8, 2024, proposed action.
Comments on the November 8, 2024,
3 See 78 FR 12460, 12521–12522 (February 22,
2013) and 80 FR 33840 at 33967 (June 12, 2015).
4 See 88 FR 85112 (December 7, 2023).
5 On October 5, 2022, EPA Region 6 finalized
approval of a portion of Louisiana’s SIP revision
that corrected six of Louisiana’s seven deficient SIP
provisions originally identified in EPA’s 2015 SSM
SIP Call. See 87 FR 60292. On December 7, 2023
(88 FR 85112), the EPA Region 6 finalized
disapproval of Louisiana’s SIP revision that sought
to correct the remaining deficient provision.
6 In vacating certain portions of the 2015 SSM SIP
Action, the D.C. Circuit’s decision did not
determine whether the SIP-called provisions were
otherwise lawful under the CAA. See e.g. 94 F.4th
at 110 (‘‘We thus do not reach the question whether
the called SIPs’ relevant emission restrictions in
fact amount to (or must amount to) ‘‘emission
limitations’’ per the statutory definition.’’).
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proposed action were due on or before
December 9, 2024. The EPA did not
receive any comments on the November
8, 2024, proposed action.
III. What is the EPA correcting?
In this action, the EPA is correcting
the erroneous triggering of mandatory
sanctions under CAA section 179 and
40 CFR 52.31 for the state of Louisiana
following its December 7, 2023,
disapproval of Louisiana’s SIP revision
submitted in response to the 2015 SSM
SIP Call. The EPA is also correcting the
erroneous triggering of the EPA’s
obligation to issue a Federal
Implementation Plan (FIP) under CAA
section 110(c)(1)(B). As a result, in
finalizing this error correction action,
the imposition of sanctions for the State
of Louisiana and the FIP obligation for
the EPA that were triggered as a result
of the December 7, 2023, final
disapproval action are no longer in
effect.
IV. What action is the EPA taking?
As a result of the D.C. Circuit’s
decision in Environ. Comm. Fl. Elec.
Power v. EPA, the EPA is determining
that, pursuant to section 110(k)(6) of the
CAA, a portion of the EPA’s December
7, 2023, final disapproval action of
Louisiana’s SIP revision was in error
with respect to the consequences of that
disapproval. By partially vacating the
EPA’s 2015 SSM SIP Action, the D.C.
Circuit’s decision rendered Louisiana’s
SIP submission in response to the 2015
SSM SIP Action voluntary rather than
mandatory. Thus, the EPA is finding
that the triggering of mandatory
sanctions and FIP obligation following
the December 7, 2023, final disapproval
was erroneous and, through this action,
is terminating the imposition of
sanctions for the State and the FIP
obligation for the EPA triggered by that
disapproval as they are no longer legally
valid.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. However, this action, which
seeks to correct an error in a prior SIP
disapproval action under section
110(k)(6) of the CAA, is neither an
approval nor a disapproval. This action
merely corrects an error in EPA’s prior
action and does not impose additional
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requirements beyond those imposed by
state law.
• 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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it because it is an error
correction taken under section 110(k)(6)
of the CAA and does not directly or
disproportionately affect children.
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
• 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 action 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).
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 communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines 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
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
environmental laws, regulations, and
policies.’’ 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.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. Although not a basis for that
action, the EPA performed an EJ
analysis for informational purposes only
in its June 13, 2023, proposed
disapproval of Louisiana’s SIP revision.
See 88 FR 38448, 38453–38455 (June 13,
2023) and 88 FR 85112, 85123–85124
(December 7, 2023) for more
information. The EPA views this action
as a necessary procedural step following
the D.C. Circuit decision and vacatur of
portions of the 2015 SIP call.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
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 February 28, 2025. 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.
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List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedures,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
and Reporting and recordkeeping
requirements.
Dated: December 19, 2024.
Earthea Nance,
Regional Administrator, EPA Region 6.
[FR Doc. 2024–30747 Filed 12–27–24; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2024–0529; FRL–12471–
01–R5]
Air Plan Approval; Ohio; Nitrogen
Oxide Standards Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Ohio State Implementation Plan
(SIP) submitted by the Ohio
Environmental Protection Agency (Ohio
EPA) on November 4, 2024. Ohio EPA
requested that EPA approve the revised
rules for nitrogen oxide standards in the
Ohio Administrative Code (OAC) into
Ohio’s SIP. The revised rules include
non-substantive updates to rule
language and updates to referenced
material. The revisions will assist with
Ohio’s efforts to attain and maintain the
National Ambient Air Quality Standards
(NAAQS) for nitrogen dioxide (NO2).
DATES: This direct final rule will be
effective February 28, 2025, unless EPA
receives adverse comments by January
29, 2025. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2024–0529 at https://
www.regulations.gov or via email to
langman.michael@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from the docket. EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI),
Proprietary Business Information (PBI),
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. 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 the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
SUMMARY:
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information about CBI, PBI, or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
wwww.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Delaney Kilgour, Air and Radiation
Division (AR–1–8J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1106,
kilgour.delaney@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is the background for these
actions?
Ohio EPA is subject to requirements
in Ohio Revised Code 106.03 and
106.031 to review each of its regulations
every five years to assess whether any
updates to the regulations are warranted
and for other purposes. Accordingly,
Ohio EPA reviewed its regulations in
OAC Chapter 3745–23, entitled
‘‘Nitrogen Oxide Standards.’’ OAC
Chapter 3745–23 is part of Ohio’s
strategy for attainment and maintenance
of the NAAQS for NO2.
As a result of its review, Ohio EPA
concluded that rule revisions were
needed to modify the wording of
selected text to correct typos and reflect
new formatting guidelines, and to
update publication and referenced
material titles, effective dates,
addresses, and websites. Ohio EPA
adopted these various minor revisions
and updated their rules on August 15,
2024, and then requested that EPA
approve these revisions into the Ohio
SIP in a submittal dated November 4,
2024.
II. What is EPA’s analysis of Ohio’s SIP
revision?
Ohio EPA has requested that EPA
approve revised rules under Chapter
3745–23 of the OAC. These rules
include 3745–23–01 (Definitions) and
3745–23–02 (Methods of measurement).
These revised rules are intended to
assist in maintaining the NO2 NAAQS.
The revisions are described in detail
below. EPA is determining that these
revisions are approvable since they are
primarily administrative in nature and
serve to strengthen the SIP.
A. 3745–23–01 Definitions
This rule contains the applicable
definitions and referenced material for
OAC Chapter 3745–23. The rule is being
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Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106328-106330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30747]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2019-0212; FRL-10997-04-R6]
Air Plan Disapproval; Louisiana; Removal of Excess Emissions
Provisions; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action; correction.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is determining that
a portion of a December 7, 2023, final disapproval action of a state
implementation plan (SIP) revision submitted by the State of Louisiana
was in error and making a correction pursuant to the Clean Air Act
(CAA).
DATES: This final action is effective on December 30, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R06-OAR-2019-0212. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (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 through www.regulations.gov, or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: General questions concerning this
publication should be addressed to Michael Feldman, Regional Haze and
SO2 Section, Air & Radiation Division, U.S. Environmental
Protection Agency, Region VI, 1201 Elm Street, Dallas, Texas 75270; by
telephone (214) 665-9793 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. How is the preamble organized?
The information presented in this preamble is organized as follows:
Table of Contents
I. General Information
A. How is the preamble organized?
II. Background
III. What is the EPA correcting?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
II. Background
On November 8, 2024, the EPA proposed to correct an error in an
earlier EPA action, using the authority of section 110(k)(6) of the
CAA. Specifically, the proposed action explained that the error
occurred in a December 7, 2023, EPA action \1\ disapproving revisions
to the SIP for the State of Louisiana submitted in response to the 2015
SSM SIP Action.\2\
---------------------------------------------------------------------------
\1\ 88 FR 85112 (December 7, 2023).
\2\ State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction, 80 FR 33840 (June 12, 2015).
---------------------------------------------------------------------------
On June 12, 2015, the EPA finalized the 2015 SSM SIP Action, which
clarified, restated, and updated the EPA's national policy regarding
SIP provisions applying to excess emissions during periods of startup,
shutdown, and malfunction (SSM). As part of the 2015 SSM SIP Action,
the EPA issued a finding that certain SIP provisions for 36 states that
were applicable in 45 statewide and local jurisdictions were
[[Page 106329]]
substantially inadequate to meet CAA requirements due to how those SIP
provisions treated excess emissions during SSM periods. Further, the
EPA issued a ``SIP call'' to each of those 45 air agencies, including
the State of Louisiana on the basis that Louisiana's SIP contained
impermissible automatic and discretionary exemptions that were
substantially inadequate to meet CAA requirements.\3\ To respond to the
EPA's SIP call in the 2015 SSM SIP Action, each affected state was
required to submit its corrective SIP revision by November 22, 2016. On
December 7, 2023, the EPA took final action \4\ to disapprove certain
portions of a SIP revision submitted by the State of Louisiana on
November 20, 2016, and supplemented on June 9, 2017, because the EPA
found that Louisiana's SIP revision did not correct the deficiency
identified in Louisiana's SIP in the 2015 SSM SIP Action.\5\
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\3\ See 78 FR 12460, 12521-12522 (February 22, 2013) and 80 FR
33840 at 33967 (June 12, 2015).
\4\ See 88 FR 85112 (December 7, 2023).
\5\ On October 5, 2022, EPA Region 6 finalized approval of a
portion of Louisiana's SIP revision that corrected six of
Louisiana's seven deficient SIP provisions originally identified in
EPA's 2015 SSM SIP Call. See 87 FR 60292. On December 7, 2023 (88 FR
85112), the EPA Region 6 finalized disapproval of Louisiana's SIP
revision that sought to correct the remaining deficient provision.
---------------------------------------------------------------------------
As a result of the March 1, 2024, decision from the United States
Court of Appeals for the District of Columbia Circuit in Environ. Comm.
Fl. Elec. Power v. EPA, 94 F.4th 77 (D.C. Cir. 2024), certain portions
of the EPA's SIP call in the 2015 SSM SIP Action were vacated by the
D.C. Circuit and therefore have no legal effect. Thus, certain states
subject to the 2015 SSM SIP Action no longer have a legal obligation to
submit the revisions that the EPA had originally determined were
required to correct the deficiencies identified in the SIP call.\6\ In
other words, by partially vacating the EPA's 2015 SSM SIP Action, the
D.C. Circuit's decision rendered Louisiana's SIP submission in response
to the 2015 SSM SIP Action voluntary rather than mandatory. As a
result, the EPA proposed to correct the EPA's December 7, 2023,
disapproval action with respect to the consequences of that
disapproval.
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\6\ In vacating certain portions of the 2015 SSM SIP Action, the
D.C. Circuit's decision did not determine whether the SIP-called
provisions were otherwise lawful under the CAA. See e.g. 94 F.4th at
110 (``We thus do not reach the question whether the called SIPs'
relevant emission restrictions in fact amount to (or must amount to)
``emission limitations'' per the statutory definition.'').
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A more complete explanation of the reasons for the proposed error
correction can be found in the November 8, 2024, proposed action.
Comments on the November 8, 2024, proposed action were due on or before
December 9, 2024. The EPA did not receive any comments on the November
8, 2024, proposed action.
III. What is the EPA correcting?
In this action, the EPA is correcting the erroneous triggering of
mandatory sanctions under CAA section 179 and 40 CFR 52.31 for the
state of Louisiana following its December 7, 2023, disapproval of
Louisiana's SIP revision submitted in response to the 2015 SSM SIP
Call. The EPA is also correcting the erroneous triggering of the EPA's
obligation to issue a Federal Implementation Plan (FIP) under CAA
section 110(c)(1)(B). As a result, in finalizing this error correction
action, the imposition of sanctions for the State of Louisiana and the
FIP obligation for the EPA that were triggered as a result of the
December 7, 2023, final disapproval action are no longer in effect.
IV. What action is the EPA taking?
As a result of the D.C. Circuit's decision in Environ. Comm. Fl.
Elec. Power v. EPA, the EPA is determining that, pursuant to section
110(k)(6) of the CAA, a portion of the EPA's December 7, 2023, final
disapproval action of Louisiana's SIP revision was in error with
respect to the consequences of that disapproval. By partially vacating
the EPA's 2015 SSM SIP Action, the D.C. Circuit's decision rendered
Louisiana's SIP submission in response to the 2015 SSM SIP Action
voluntary rather than mandatory. Thus, the EPA is finding that the
triggering of mandatory sanctions and FIP obligation following the
December 7, 2023, final disapproval was erroneous and, through this
action, is terminating the imposition of sanctions for the State and
the FIP obligation for the EPA triggered by that disapproval as they
are no longer legally valid.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. However, this action,
which seeks to correct an error in a prior SIP disapproval action under
section 110(k)(6) of the CAA, is neither an approval nor a disapproval.
This action merely corrects an error in EPA's prior action and does not
impose additional requirements beyond those imposed by state law.
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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it because it is an error correction taken
under section 110(k)(6) of the CAA and does not directly or
disproportionately affect children.
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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 action 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).
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines 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
[[Page 106330]]
environmental laws, regulations, and policies.'' 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.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. Although not a basis for that action, the EPA performed an
EJ analysis for informational purposes only in its June 13, 2023,
proposed disapproval of Louisiana's SIP revision. See 88 FR 38448,
38453-38455 (June 13, 2023) and 88 FR 85112, 85123-85124 (December 7,
2023) for more information. The EPA views this action as a necessary
procedural step following the D.C. Circuit decision and vacatur of
portions of the 2015 SIP call. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for communities with EJ concerns.
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 February 28, 2025. 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedures,
Air pollution control, Incorporation by reference, Intergovernmental
relations, and Reporting and recordkeeping requirements.
Dated: December 19, 2024.
Earthea Nance,
Regional Administrator, EPA Region 6.
[FR Doc. 2024-30747 Filed 12-27-24; 8:45 am]
BILLING CODE 6560-50-P