[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Proposed Rules]
[Page 10544-10553]
[DOCID:fr25fe11-21]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0924; FRL-9270-6]

Approval and Promulgation of Air Quality Implementation Plans,
State of Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve portions of State Implementation
Plan (SIP) revisions for the State of Louisiana. The rule revisions,
which cover the years 1996-2006, were submitted by the State of
Louisiana, and include formatting changes, regulatory wording changes,
substantive or content changes, and incorporation by reference (IBR) of
Federal rules. These cumulative revisions affect Louisiana
Administrative Code (LAC) 33:III, Chapters 1, 7, 9, 11, 13, 14, 15, 19,
21, 22, 23, 25, 30, 60, 61, and 65. The overall intended outcome is to
make the approved Louisiana SIP consistent with current Federal and
State requirements. We are approving the revisions in accordance with
110 of the Clean Air Act (CAA or Act) and EPA's regulations.

DATES: Written comments must be received on or before March 28, 2011.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0924 by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0924. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail that you consider to be
CBI or otherwise protected from disclosure. The http://
www.regulations.gov Web site is an anonymous access system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material,

will be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a fee of 15 cents per page for making photocopies
of documents. On the day of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas
75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>,
fax<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What action is EPA taking?
II. Background
III What is being addressed in this document?
IV Why can we approve these revisions?
V. What are some of the substantive rule changes?
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    We are proposing to approve revisions to the Louisiana SIP,
submitted by the LDEQ from 1996-2006. The revisions affect the
Louisiana Administrative Code, the official compilation of Agency rules
for the State of Louisiana. The revisions apply to LAC 33:III, Chapters
1, 7, 9, 11, 13, 14, 15, 19, 21, 23, 25, 30, 60, 61, and 65 as
specified in Table 2. These revisions were submitted for approval
during the years 1996-2006. The revisions make corrections or changes
that align the SIP with State and Federal regulations.

II. Background

    The Baton Rouge nonattainment area was first designated
nonattainment in 1978 (43 FR 8964, 8998). In 1991, the area was
designated nonattainment for the 1-hour ozone standard by operation of
law under the Clean Air Act Amendments of 1990 (56 FR 56694) as a 6-
parish nonattainment area (Ascension, East Baton Rouge, Iberville,
Livingston, Pointe Coupee, and West Baton Rouge Parishes). The area was
classified as a serious nonattainment area with an attainment date of
November 15, 1999. Pointe Coupee Parish was later reclassified to
marginal and redesignated to attainment (62 FR 648, January 6, 1997)
while the 5-parish area remained designated nonattainment. After the 5-
parish area failed to attain the 1-hour standard in 1999, it was
``bumped up'' to the severe classification by operation of law with an
effective date of June 23, 2003, and an attainment date of November 15,
2005 (79 FR 20077, April 24, 2003).
    Under EPA's 1997 8-hour ozone standard, the Baton Rouge area was
classified as marginal on April 15, 2004 with an attainment date of
June 15, 2007. After the area failed to attain the 1997 8-hour
standard, EPA reclassified the Baton Rouge area to moderate with an
attainment date of June 15, 2010.
    As of December 31, 2008, the Baton Rouge area monitored attainment
of the 1-hour ozone standard and the 1997 8-hour ozone standard for the
2006-2008 monitoring period and continues to attain both standards. On
February 10, 2010, EPA issued a final determination that the Baton
Rouge area has attained the 1-hour ozone standard (75 FR 6570). On
September 9, 2010, EPA issued a final determination that the Baton
Rouge area has attained the 1997 8-hour ozone standard (75 FR 54778).
    We also approved all requirements for a 1-hour serious area
attainment demonstration for the 5-parish area on July 2, 1999 (64 FR
35930). We are now proposing to approve numerous general SIP rule
revisions submitted since 1996.

III. What is being addressed in this document?

    The State of Louisiana has submitted numerous SIP revisions for EPA
approval from the years 1996 to 2006.
    The revisions were submitted to EPA according to the schedule in
Table 1.

   Table 1--Louisiana Rule Revisions to the State Implementation Plans
                                  (SIP)
------------------------------------------------------------------------
                                     For the Rules
Submitted to EPA by the Governor   adopted into the    Revisions to LAC
of  Louisiana or his designee on      SIP during        33:III Chapters
                                     calendar year
------------------------------------------------------------------------
April 30, 1997..................  1996..............  1, 15, 21, 25, 29,
                                                       30, 31, 60, 61,
                                                       64.
July 25, 1997...................  1996 and earlier..  1, 2, 5, 7, 9, 11,
                                                       13, 21, 23, 25,
                                                       30, 31, 60, 64,
                                                       65.
June 22, 1998...................  1997..............  2, 5, 13, 15, 21,
                                                       23, 25.
February 2, 2000................  1998..............  5, 6, 11, 15, 21,
                                                       23, 25.
January 27, 2003................  1999-2001.........  2, 5, 6, 11, 19,
                                                       21, 61.
June 27, 2003...................  2002..............  5.
September 14, 2004..............  2003..............  9, 21.
June 3, 2005....................  2004..............  2, 21.
May 5, 2006.....................  2005..............  2, 5, 6, 9, 11,
                                                       14, 15, 21, 22,
                                                       23.
June 15, 2005...................  Baton Rouge Severe  5, 21, 22.
                                   Area Rule Update.
November 9, 2007................  2006..............  1, 5, 7, 9, 23.
------------------------------------------------------------------------

    These cumulative revisions affect LAC 33:III, Chapters 1, 2, 5, 6,
7, 9, 11, 13, 14, 15, 19, 21, 22, 23, 25, 30, 60, 61, and 65. This
action addresses revisions in all but Chapters 2, 5, and 6.
    The revisions being acted upon are comprised of format changes,
nonsubstantive regulatory wording changes, content or substantive
changes, and incorporations by reference (IBR) of Federal rules. Format
changes are revisions that affect the overall structure and arrangement
of the LAC. These changes, among other things, involve moving an item
from one section to another, repealing and replacing whole chapters,
renumbering, repositioning contents. Nonsubstantive regulatory wording
changes are revisions that do not dramatically affect the content of
the rule but do add clarity. These changes, among other things, may
appear in the form of corrections for typographical errors, grammatical
errors, minor

language changes, updating revisions, and changing reference citations
that clarify the current rule. Content or substantive changes are
revisions that alter the original meaning of the rule in a noticeable
or significant manner. These revisions, among other things, may be in
the form of an addition of a compound on an exemption list,
modifications to requirements, fee increases, creation of new
requirements. Incorporation by reference revisions make the State's
rules consistent with Federal regulations by referring to the Federal
requirements that apply to the State's rule.
    The revisions being acted upon are described in detail in the
Technical Support Document and listed in Table 2.
    The most notable format changes were made in Chapters 60, 61, and
65. These Chapters were repealed and the contents moved to other
existing chapters. Highlights of certain content or substantive changes
are summarized in Section V.
    Some revisions submitted by the State during the years of 1996-2006
are not being acted upon by the EPA at this time for several reasons:
(1) EPA plans to review and act upon several revisions, such as Chapter
2 and Chapter 5, in a separate action, (2) Some submitted revisions did
not require further action because they were either superseded by
subsequent submittals, made moot by prior approvals, already approved
(Chapter 6), replaced by other program rules (sections 1901-1935), or
submitted just for clarifying purposes; (3) EPA is not acting on
certain revisions in LAC 33:III sections 927, 1109, 1507, 1509, 2103,
2104, 2107, 2120, 2129, 2133, 2160, 2531, and a resubmittal of 2156-
2160 because the State requested that we not act on certain revisions
in a letter dated January 25, 2011. In the last case, we find that not
acting on these revisions does not affect the approvability of the
other revisions under consideration. We are also not acting on LAC
33:III sections 1901-1935 (vehicle inspection and maintenance) because
the program for which these rules were written was never implemented,
and we subsequently approved a substitute program in 67 FR 60594,
September 26, 2002.

                Table 2--Revisions Proposed for Approval
------------------------------------------------------------------------
                                                         State adoption
        State citation              Title/subject             date
------------------------------------------------------------------------
            LAC Title 33. Environmental Quality Part III. Air
------------------------------------------------------------------------
                      Chapter 1. General Provisions
------------------------------------------------------------------------

                              * * * * * * *
Section 111...................  Definitions..........           10/20/95
Section 111...................  Definitions..........           12/20/96
Section 111...................  Definitions..........            9/20/06

                              * * * * * * *
------------------------------------------------------------------------
                     Chapter 7. Ambient Air Quality
------------------------------------------------------------------------
Section 701.C.................  Purpose..............           10/20/95
Section 709.A.................  Measurement of                   9/20/06
                                 Concentrations--PM10
                                 , PM2.5, Sulfur
                                 Dioxide, Carbon
                                 Monoxide,
                                 Atmospheric
                                 Oxidants, Nitrogen
                                 Oxides, and Lead.
Section 711...................  Tables 1, la, 2--Air             9/20/06
                                 Quality.

                              * * * * * * *
------------------------------------------------------------------------
   Chapter 9. General Regulation on Control of Emissions and Emission
                                Standards
------------------------------------------------------------------------

                              * * * * * * *
Section 907...................  General Regulations              9/20/95
                                 on Control of
                                 Emissions and
                                 Emission Standards.
Section 918...................  Recordkeeping and               10/20/05
                                 Annual Reporting.
Section 919-919.A.6...........  Emissions Inventory..            2/20/06
Section 919.B.1...............  Types of Inventories.            2/20/06
Section 919.B.2.-919.B.5.g.v..  Types of Inventories.           12/20/03
Section 919.C.................  Calculations.........            2/20/06
Section 919.D.-F..............  Reporting                       12/20/03
                                 Requirements
                                 Enforcement Fees.

                              * * * * * * *
------------------------------------------------------------------------
                Chapter 11. Control of Emissions of Smoke
------------------------------------------------------------------------
Section 1101.A................  Control of Air                  10/20/95
                                 Pollution from
                                 Smoke. Purpose.
Section 1105.A................  Smoke from Flaring               7/20/05
                                 Shall Not Exceed 20
                                 Percent Opacity.
Section 1107.A................  Exemptions...........            7/20/05
Section 1109.A................  Control of Air                  10/20/95
                                 Pollution from
                                 Outdoor Burning.
Section 1109.B................  Control of Air                   4/20/98
                                 Pollution from
                                 Outdoor Burning.
Section 1109.E.-ll09.F........  Control of Air                   4/20/98
                                 Pollution from
                                 Outdoor Burning.

                              * * * * * * *
------------------------------------------------------------------------
    Chapter 13. Emission Standards for Particulate Matter (Including
                 Standards for Some Specific Facilities)
------------------------------------------------------------------------
                          Subchapter A. General
------------------------------------------------------------------------

                              * * * * * * *
Section 1303.A................  Toxic Substances.....           10/20/95
Section 1311.C.-1311.D........  Emission Limits......            6/20/97

                              * * * * * * *
------------------------------------------------------------------------
Subchapter D..................  Refuse Incinerators..           10/20/94

                              * * * * * * *
Section 1319..................  Refuse Incinerators..           10/20/94

                              * * * * * * *
------------------------------------------------------------------------
                         Chapter 14. Conformity
------------------------------------------------------------------------

                              * * * * * * *
Section 1410.A.5.a.i..........  Criteria for                    10/20/05
                                 Determining
                                 Conformity of
                                 General Federal
                                 Actions.

                              * * * * * * *
------------------------------------------------------------------------
            Chapter 15. Emission Standards for Sulfur Dioxide
------------------------------------------------------------------------
Section 1503..................  Emission Standards               7/20/98
                                 for Sulfur Dioxide.
                                 Emission Limitations.
Section 1507..................  Emission Standards               7/20/98
                                 for Sulfur Dioxide.
                                 Exceptions.
Section 1511.B................  Continuous Emission             12/20/96
                                 Monitoring.

                              * * * * * * *
------------------------------------------------------------------------
                       Chapter 19. Mobile Sources
------------------------------------------------------------------------
Section 1951-1973.............  Clean Fuel Fleet                 3/20/00
                                 Rules.

                              * * * * * * *
------------------------------------------------------------------------
          Chapter 21. Control of Emission of Organic Compounds
------------------------------------------------------------------------
                          Subchapter A. General
------------------------------------------------------------------------

                              * * * * * * *
Section 2103.A.-2103.B........  Storage of Volatile              5/20/99
                                 Organic Compounds.
Section 2103.C.-2103.D.4......  Storage of Volatile              6/20/96
                                 Organic Compounds.
2103.D.4.a....................  Storage of Volatile             10/20/05
                                 Organic Compounds.
Section 2103.D.4.b.-2103.D.4.d  Storage of Volatile              8/20/02
                                 Organic Compounds.
Section 2103.G.1.-2103.G.2....  Storage of Volatile              6/20/96
                                 Organic Compounds.
Section 2103.G.3.-2103.G.5....  Storage of Volatile             12/20/98
                                 Organic Compounds.
Section 2103.H.2.a.-d.........  Storage of Volatile             12/20/96
                                 Organic Compounds.
Section 2103.H.3..............  Storage of Volatile              2/20/98
                                 Organic Compounds.
Section 2103.I.6..............  Storage of Volatile             12/20/98
                                 Organic Compounds.
Section 2103.I.7..............  Storage of Volatile              8/20/02
                                 Organic Compounds.
Section 2104.A................  Crude Oil and                    4/20/04
                                 Condensate.
Section 2104.B.-2104.C.1......  Crude Oil and                   11/20/97
                                 Condensate.
Section 2104.C.2.-2104.C.4....  Crude Oil and                    4/20/04
                                 Condensate.
Section 2104.D................  Crude Oil and                   11/20/97
                                 Condensate.
Section 2104.E................  Crude Oil and                    4/20/04
                                 Condensate.
Section 2104.F.-2104.F.2.d....  Crude Oil and                   11/20/97
                                 Condensate.
Section 2104.G................  Crude Oil and                   11/20/97
                                 Condensate.
Section 2107.E.1.-2...........  Volatile Organic                12/20/96
                                 Compounds--Loading.
Section 2108.A................  Marine Vapor Recovery            4/20/04
Section 2108.C.2.-2108.C.3....  Marine Vapor Recovery            1/20/98
Section 2108.D.4..............  Marine Vapor Recovery            4/20/04
Section 2108.E.1.a.i.-ii. and   Marine Vapor Recovery           12/20/96
 E.1.b.
Section 2108.E.2..............  Marine Vapor Recovery            7/20/98
Section 2108.E.3. and E.5.....  Marine Vapor Recovery           12/20/96

Section 2108.F.1..............  Marine Vapor Recovery           10/20/05
Section 2109.C.1.-4...........  Oil/Water-Separation.           12/20/96
Section 2113.A................  Housekeeping.........            5/20/99
Section 2113.A.4..............  Housekeeping.........           10/20/05
Section 2115..................  Waste Gas Disposal.              4/20/04
                                 Introductory
                                 paragraph.
Section 2115.A.-2115.G........  Waste Gas Disposal...            2/20/98
Section 2115.H.1.a............  Waste Gas Disposal...            4/20/04
Section 2115.H.2.-2115.H.3....  Waste Gas Disposal...            2/20/98
Section 2115.I.1.-4...........  Waste Gas Disposal...           12/20/96
Section 2115.J................  Waste Gas Disposal...            4/20/04
Section 2115.K.4..............  Waste Gas Disposal...            2/20/98
Section 2115.M................  Waste Gas Disposal...            2/10/98
Section 2117..................  Exemptions...........            2/20/99
Section 2121.A................  Fugitive Emission                8/20/04
                                 Control.
Section 2121.B.1..............  Fugitive Emission                8/20/04
                                 Control.
Section 2121.C.1.a.ii.........  Fugitive Emission                7/20/00
                                 Control.
Section 2121.C.3.b.-2121.C.3.c  Fugitive Emission                8/20/04
                                 Control.
Section 2121.C.4.h.i..........  Fugitive Emission                1/20/98
                                 Control.
Section 2121.D.1..............  Fugitive Emission               12/20/95
                                 Control.
Section 2121.F................  Fugitive Emission               10/20/05
                                 Control.
Section 2121.G................  Fugitive Emission                8/20/04
                                 Control.
Section 2122.A.-2122A.1.......  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.A.2.-A.5.........  Fugitive Emission                8/20/02
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122A.6.-6.d..........  Fugitive Emission                7/20/98
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122B.................  Fugitive Emission               11/20/96
                                 Control for Ozone
                                 Nonattainment Areas
                                 Definitions.
Section 2122B.................  Fugitive Emission               12/20/96
                                 Control for Ozone
                                 Nonattainment Areas
                                 Definitions.
Section 2122B.................  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas
                                 Definitions.
Section 2122C.1.a.-2122.C.1.b.  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.C.1.c............  Fugitive Emission               11/20/96
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.C.1.d............  Fugitive Emission                7/20/98
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.C.4..............  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas
                                 and Specified
                                 Parishes.
Section 2122.D.1.a............  Fugitive Emission               11/20/96
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.D.1.d-f..........  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas
                                 and Specified
                                 Parishes.
Section 2122.D.3.b............  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.D.3.d............  Fugitive Emission               11/20/96
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.D.3.e............  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas
                                 and Specified
                                 Parishes.
Section 2122.D.4.h............  Fugitive Emission                1/20/98
                                 Control for Ozone
                                 Nonattainment Areas.
Section 2122.D.4.k.-l.........  Fugitive Emission               11/20/96
                                 Control for Ozone
                                 Nonattainment Areas.
Section E.1.-4................  Fugitive Emission               12/20/96
                                 Control for Ozone
                                 Nonattainment Areas
                                 and Specified
                                 Parishes.
Section 2122.E.1.g............  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas
                                 and Specified
                                 Parishes.
Section 2122.E.3.-5...........  Fugitive Emission                8/20/04
                                 Control for Ozone
                                 Nonattainment Areas
                                 and Specified
                                 Parishes.
Section 2122.G................  Fugitive Emission               10/20/05
                                 Control for Ozone
                                 Nonattainment Areas
                                 and Specified
                                 Parishes.
------------------------------------------------------------------------
                     Subchapter B. Organic Solvents
------------------------------------------------------------------------
Section 2123.B.1..............  Organic Solvents.....            7/20/99
Section 2123.B.2..............  Organic Solvents.....            1/20/98
Section 2123.C................  Organic Solvents.....            1/20/98
Section 2123.C.11.............  Organic Solvents.....            5/20/96
Section 2123.C.11.b...........  Organic Solvents.....           12/20/97
Section 2123.D.1..............  Organic Solvents.....           10/20/05
Section 2123.D.6..............  Organic Solvents.....            8/20/02
Section 2123.D.7.a............  Organic Solvents.....            4/20/04
Section 2123.E.6..............  Organic Solvents.....            7/20/98
Section 2123.G................  Organic Solvents                12/20/97
                                 Definitions.
Section 2123.G................  Organic Solvents                 1/20/98
                                 Definitions.
Section 2123.H................  Organic Solvents.....            4/20/04

                              * * * * * * *
------------------------------------------------------------------------
                     Subchapter E. Vapor Degreasers
------------------------------------------------------------------------
Section 2125.D................  Vapor Degreasers.....            4/20/04
Section 2125.E.1.-4...........  Vapor Degreasers.....           12/20/96

                              * * * * * * *
------------------------------------------------------------------------
                              Subchapter E
------------------------------------------------------------------------
Subchapter E..................  Perchloroethylene Dry            8/20/96
                                 Cleaning System.
Section 2129..................  Perchloroethylene Dry            8/20/96
                                 Cleaning System.

                              * * * * * * *
------------------------------------------------------------------------
                     Subchapter F. Gasoline Handling
------------------------------------------------------------------------
Section 2131.A................  Filling of Gasoline             12/20/93
                                 Storage Vessels.
Section 2131.D.3..............  Filling of Gasoline              2/20/01
                                 Storage Vessels.
Section 2131.E.1. and E.4.....  Filling of Gasoline             12/20/96
                                 Storage Vessels.

                              * * * * * * *
------------------------------------------------------------------------
  Section 2132. Stage II Vapor Recovery Systems for Control of Vehicle
          Refueling Emissions at Gasoline Dispensing Facilities
------------------------------------------------------------------------
Section 2132.A................  Definitions..........           12/20/97
Section 2132.A................  Definitions..........            4/20/03
Section 2132.B................  Applicability........            1/20/98
Section 2132.B.4.a.-d.........  Applicability........            1/20/98
Section 2132.B.5..............  Applicability........            4/20/03
Section 2132.B.6.b............  Applicability........           12/20/97
Section 2132.B.6.c.iii........  Applicability........           12/20/97
Section 2132.D................  Testing..............           12/20/97
Section 2132.D.2..............  Testing..............            4/20/03
Section 2132.E................  Labeling.............           12/20/97
Section 2132.F................  Inspection...........           12/20/97
Section 2132.G................  Recordkeeping........           12/20/97
Section 2132.G.5..............  Recordkeeping........            4/20/03
Section 2132.H................  Enforcement..........           12/20/97
Section H.1.a.-b..............  Enforcement..........            4/20/03
Section 2132.I................  Fees.................           12/20/97
Section 2133.A.-E.............  Gasoline Bulk Plants.            6/20/95
Section 2133.D.2..............  Gasoline Bulk Plants.           12/20/96
Section 2135.A................  Bulk Gasoline                    1/20/98
                                 Terminal.
Section 2135.D.1.-4...........  Bulk Gasoline                   12/20/96
                                 Terminal.
Section 2137.A.-A.1. and B.1..  Gasoline Terminal               12/20/96
                                 Vapor--Tight Control
                                 Procedure.

                              * * * * * * *
------------------------------------------------------------------------
               Subchapter G. Petroleum Refinery Operations
------------------------------------------------------------------------
Section 2139.C................  Refinery Vacuum                  5/20/98
                                 Producing Systems.

                              * * * * * * *
------------------------------------------------------------------------
                       Subchapter H. Graphic Arts
------------------------------------------------------------------------
Section 2143.A................  Graphic Arts                     4/20/04
                                 (Printing) by
                                 Rotogravure and
                                 Flexographic
                                 Processes. Control
                                 Requirements.
Section 2143.A.1..............  Graphic Arts                    10/20/99
                                 (Printing) by
                                 Rotogravure and
                                 Flexographic
                                 Processes. Control
                                 Requirements.
Section 2143.B................  Applicability                    4/20/04
                                 Exemption.
Section 2143.C.1.-3...........  Compliance...........           12/20/96
Section 2143.E................  Timing...............            4/20/04

                              * * * * * * *
------------------------------------------------------------------------
          Subchapter I. Pharmaceutical Manufacturing Facilities
------------------------------------------------------------------------

                              * * * * * * *
Section 2145.F.2.-3...........  Pharmaceutical                  12/20/96
                                 Manufacturing
                                 Facilities.
Section 2145.F.4..............  Pharmaceutical                   1/20/98
                                 Manufacturing
                                 Facilities.

                              * * * * * * *
------------------------------------------------------------------------
  Subchapter J. Limiting Volatile Organic Compound (VOC) Emissions from
 Reactor Processes and Distillation Operations in the Synthetic Organic
                 Chemical Manufacturing Industry (SOCMI)
------------------------------------------------------------------------

                              * * * * * * *
Section 2147.A.1..............  Applicability........            4/20/04
Section 2147.B................  Definitions..........           12/20/96
Section 2147.B................  Definitions..........           11/20/97
Section 2147.D.1.a............  Total Effectiveness             11/20/97
                                 Determination,
                                 Performance Testing,
                                 and Exemption
                                 Testing.
Section 2147.D.3.-2147.D.4....  Total Effectiveness              7/20/98
                                 Determination,
                                 Performance Testing,
                                 and Exemption
                                 Testing.
Section D.5.a., D.5.a.ii.(a)-   Total Effectiveness             12/20/96
 (b), D.5.b.i. and iii.,         Determination,
 D.5.c.-f.                       Performance Testing,
                                 and Exemption
                                 Testing.
Section 2147.D.7.-2147.D.9....  Total Effectiveness             11/20/97
                                 Determination,
                                 Performance Testing,
                                 and Exemption
                                 Testing.

                              * * * * * * *
------------------------------------------------------------------------
  Subchapter K. Limiting Volatile Organic Compound (VOC) Emissions from
                            Batch Processing
------------------------------------------------------------------------
Section 2149.A.1..............  Applicability........            4/20/04
Section 2149.E.2.a.c.i........  Performance Testing..           12/20/96

                              * * * * * * *
------------------------------------------------------------------------
 Subchapter L. Limiting Volatile Organic Compound Emissions from Cleanup
                           Solvent Processing
------------------------------------------------------------------------

                              * * * * * * *
Section 2151.A................  Limiting Volatile                4/20/04
                                 Organic Compound
                                 Emissions from
                                 Cleanup Solvent
                                 Processing.
Section 2151.B., 2151.C.,       Limiting Volatile                1/20/98
 2151.C.2-C.3., 2151.D.-E        Organic Compound
                                 Emissions from
                                 Cleanup Solvent
                                 Processing.
Section 2151.F................  Limiting Volatile                4/20/04
                                 Organic Compound
                                 Emissions from
                                 Cleanup Solvent
                                 Processing.

                              * * * * * * *
------------------------------------------------------------------------
     Subchapter M. Limiting VOC Emissions from Industrial Wastewater
------------------------------------------------------------------------

                              * * * * * * *
Section 2153.A................  Definitions..........            5/20/99
Section 2153.A................  Definitions..........            4/20/04
Section 2153.B., 2153.B.1.d.-   Control Requirements.            5/20/99
 d.ii., 2153.B.3.-4.b.
Section 2153.D.2.c.,            Inspection and                   5/20/99
 2153.D.3.h.iii.(b)-4.b.         Monitoring
                                 Requirements.
Section 2153.E.1.-5...........  Approved Test Methods           12/20/96
Section 2153.E.7.-10..........  Approved Test Methods            5/20/99
Section 2153.F.5..............  Recordkeeping                    5/20/99
                                 Requirements.
Section 2153.H.1..............  Determination of                 5/20/99
                                 Wastewater
                                 Characteristics.
2153.I........................  Limiting VOC                     4/20/04
                                 Emissions From
                                 Industrial
                                 Wastewater.

                              * * * * * * *
------------------------------------------------------------------------
       Subchapter N. Method 43 Capture Efficiency Test Procedures
------------------------------------------------------------------------

                              * * * * * * *
Subchapter N..................  Subchapter N.........           12/20/96
Section 2155..................  Principle............           12/20/96
Section 2156.A................  Definitions..........           12/20/97
Section 2156.A................  Definitions..........           10/20/03
Section 2157.A................  Applicability........           12/20/97
Section 2157.B................  Applicability........            8/20/01
Section 2158.C.1.-4...........  Specific Requirements            8/20/01
Section 2159.D.-E.............  Recordkeeping and                8/20/01
                                 Reporting.
Section 2160..................  Procedures...........           12/20/96
Section 2160.A.-2160.B........  Procedures...........            8/20/01
Section 2160.C.4.d............  Procedures...........            7/20/98
Section 2160.D.4.d............  Procedures...........            7/20/98

Section 2199..................  Appendix A...........           11/20/97

                              * * * * * * *
------------------------------------------------------------------------
         Chapter 22. Control of Emissions of Nitrogen Oxides NOX
------------------------------------------------------------------------

                              * * * * * * *
Section 2201.B................  Definitions..........            4/20/04
Section 2201.C.1.-3...........  Exemptions...........            4/20/04
Section 2201.C.8..............  Exemptions...........            4/20/04
Section 2201.D.1..............  Emission Factors.....            4/20/04
Section 2201.D.4..............  Emission Factors.....            4/20/04
Section 2201.F.1.a............  Permits..............            4/20/04
Section 2201.F.1.a.5..........  Permits..............            4/20/04
Section 2201.F.1.c............  Permits..............            4/20/04
Section 2201.F.7.a............  Permits..............           10/20/05
Section 2201.G.2..............  Initial Demonstration            4/20/04
                                 of Compliance.
Section 2201.H1.b.iii.........  Continuous                       4/20/04
                                 Demonstration of
                                 Compliance.
Section 2201.H.2..............  Continuous                       4/20/04
                                 Demonstration of
                                 Compliance.
Section 2201.H.3..............  Continuous                       4/20/04
                                 Demonstration of
                                 Compliance.

                              * * * * * * *
------------------------------------------------------------------------
        Chapter 23. Control of Emissions for Specific Industries
------------------------------------------------------------------------
               Subchapter A. Chemical Woodpulping Industry
------------------------------------------------------------------------
Section 2301.D. and 2301.D.3..  Control of Emissions            12/20/93
                                 from the Chemical
                                 Woodpulping Industry
                                 Emission Limitations.
Section 2301.D.4.a............  Control of Emissions            10/20/05
                                 from the Chemical
                                 Woodpulping Industry
                                 Emission Limitations.
Section 2301.E................  Exemptions...........           10/20/06
------------------------------------------------------------------------
                      Subchapter B. Aluminum Plants
------------------------------------------------------------------------
Section 2303.E................  Standards for                   10/20/05
                                 Horizontal Study
                                 Doderberg Primary
                                 Aluminum Plants and
                                 Prebake Primary
                                 Aluminum Plants.
                                 Monitoring.
Section 2303.F.1.d.2..........  Standards for                   10/20/05
                                 Horizontal Study
                                 Doderberg Primary
                                 Aluminum Plants and
                                 Prebake Primary
                                 Aluminum Plants.
                                 Reporting.

                              * * * * * * *
------------------------------------------------------------------------
                   Subchapter D. Nitric Acid Industry
------------------------------------------------------------------------

                              * * * * * * *
Section 2307.C.1.a............  Emission Standards              10/20/05
                                 for the Nitric Acid
                                 Industry.
Section 2307.C.2.a............  Emission Standards              10/20/05
                                 for the Nitric Acid
                                 Industry.

                              * * * * * * *
------------------------------------------------------------------------
               Chapter 25. Miscellaneous Incinerator Rules
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
               Subchapter B. Biomedical Waste Incinerator
------------------------------------------------------------------------

                              * * * * * * *
Section 2501..................  Scope................           10/20/94
Section 2511..................  Standards of                    10/20/94
                                 Performance for
                                 Biomedical Waste
                                 Incinerators.
Section 2511.B................  Definitions..........            7/20/98
Section 2511.C................  Registration.........           10/20/05
Section 2511.E.5..............  Restrictions on                 10/20/95
                                 Emissions.
Section 2511.E.6.1.-5.........  Restrictions on                 12/20/96
                                 Emissions.

                              * * * * * * *
------------------------------------------------------------------------
                    Subchapter C. Refuse Incinerators
------------------------------------------------------------------------
Section 2521..................  Refuse Incinerators..           10/20/94
Section 2521.E. and             Refuse Incinerators..           12/20/96
 2521.F.9.a.-d.
Section 2521.F.10.............  Refuse Incinerators..           10/20/05

                              * * * * * * *
------------------------------------------------------------------------
 Chapter 30. Standards of Performance from New Stationary Sources (NSPS)
------------------------------------------------------------------------
Chapter 30....................  Standards of                    12/20/96
                                 Performance from New
                                 Stationary Sources
                                 (NSPS).

                              * * * * * * *
------------------------------------------------------------------------
                        Chapter 60. Test Methods
------------------------------------------------------------------------
Chapter 60....................  Test Methods.........           12/20/96

                              * * * * * * *
------------------------------------------------------------------------
                Chapter 61. Division's Source Test Manual
------------------------------------------------------------------------
Chapter 61....................  Division's Source               12/20/96
                                 Test Manual.

                              * * * * * * *
------------------------------------------------------------------------
 Chapter 65. Rules and Regulations of the Fee System of the Air Quality
                             Control Program
------------------------------------------------------------------------
Chapter 65....................  Rules and Regulations           11/20/93
                                 of the Fee System of
                                 the Air Quality
                                 Control Program.

                              * * * * * * *
------------------------------------------------------------------------

IV. Why can we approve these revisions?

    The rule revisions submitted were examined for consistency with
Federal policy, regulations, and the Clean Air Act. Each rule revision
referred to in Table 2 of this document was reviewed separately and
found to be approvable on its own merits. A detailed evaluation of each
of the approved rules is contained in the Technical Support Document
for this rulemaking.

V. What are some of the substantive rule changes?

    In Chapter 7, ambient air quality standards were updated to reflect
Federal standards that were current at the time of the revision.
    All of chapter 19 was repealed. This chapter contained vehicle
inspection and maintenance (I/M) rules that became obsolete when the I/
M program was finally authorized and administered under the existing
rules of the State safety inspection program. The I/M rules in chapter
19 had not been submitted for approval into the SIP, so no backsliding
is implied by the repeal. In addition, clean fuel fleet rules were
repealed from this chapter. Although these rules had been approved into
the SIP, stationary source VOC (volatile organic compound) rules were
substituted for the clean fuel fleet program, so no backsliding
occurred. See 64 FR 38577, July 19, 1999.
    There were a number of substantive changes in chapter 21. Under
storage of volatile organic compounds (section 2103) LDEQ added (1) VOC
requirements for Calcasieu and Pointe Coupee Parishes, (2) other
acceptable methods for determining true vapor pressure, (3) additional
record keeping requirements to verify compliance, and (4) an allowance
for maintaining VOC control equipment. New requirements for crude oil
and condensate in section 2104 add VOC control requirements for ``flash
gas'' emissions from facilities that produce oil and natural gas,
process natural gas, and transmit natural gas, which are consistent
with the CAA.
    The marine vapor recovery exemption in section 2108 is lowered to
25 tons per year to ensure RACT (Reasonably Available Control
Technology) is in place. Similarly, the revisions to the waste gas
disposal rules in section 2115 make sure RACT is in place for these
vent streams.
    The list of compounds exempt from VOC control requirements in
section 2117 is expanded to keep the list up to date with the Federal
list of exempted compounds. Changes in section 2122, Fugitive Emissions
Control for Ozone Nonattainment Areas, improve the rule by making it
more consistent with the Federal Leak Detection and Repair Program
(LDAR) requirements.
    The VOC requirements for vapor degreasers are strengthened in
section 2125. Section 2129 concerning perchlorethylene is rescinded
because EPA exempted ``perc'' from VOC control. St. Mary Parish is now
included in the areas where filling of gasoline storage vessels is
controlled in section 2131. A revision to section 2133 lowers the
exemption threshold for gasoline bulk plants.
    The following sections change the major source threshold from 50 to
25 tons per year (tpy) in the nonattainment parishes and 50 tpy in
Pointe Coupee and Calcasieu Parishes: section 2143 pertaining to
graphic arts and rotogravure and flexographic processes, 2147 that
limits the VOC emissions from SOCMI (synthetic organic chemical
manufacturing industry) reactor processes and distillation operations,
2149 that limits the VOC emissions from batch processes, 2151 that
limits VOC

emissions from cleanup solvent processes, and 2153 that limits VOC
emissions from industrial wastewater. By lowering the applicability
level, the revisions ensure that RACT is in place on 25 tpy and greater
sources as required for severe ozone nonattainment areas.

VI. Proposed Action

    We are proposing approval of rule revisions to LAC 33:III, Chapters
1, 7, 9, 11, 13, 15, 19, 21, 22, 23, 25, 30, 60, 61, and 65 as part of
the Louisiana SIP as they appear in Table 2 above.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: February 15, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-4247 Filed 2-24-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2294-2297]
[FR Doc No: 2011-647]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-1078; FRL-9252-7]

Revision to the South Coast Portion of the California State
Implementation Plan, CPV Sentinel Energy Project AB 1318 Tracking
System

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a source-specific State Implementation Plan (SIP) revision for
the South Coast Air Quality Management District (District) portion of
the California SIP. This source-specific SIP revision is known as the
CPV Sentinel Energy Project AB 1318 Tracking System. The submitted SIP
revision, which consists of enabling language and the AB 1318 Tracking
System, supplements the District's SIP approved New Source Review (NSR)
program to allow the District to transfer offsetting emission
reductions for particulate matter less than 10 microns in diameter
(PM10) and one of its precursors, sulfur oxides
(SOX), to the CPV Sentinel Energy Project. The District's
SIP approved NSR program currently allows the District to provide
offsetting emission reductions for certain exempt sources and sources
that qualify as essential public services. The Sentinel Energy Project,
which will be a natural gas fired power plant, does not qualify under
either of these SIP approved exceptions. This proposed action
supplements the District's SIP to allow the District to transfer
offsetting emission reductions to the Sentinel Energy Project. In this
action, EPA is proposing to incorporate the District's enabling
language, which in turn incorporates the AB 1318 Tracking System by
reference into the SIP. EPA's proposal to approve this source-specific
SIP revision is based on finding that the offsetting emission
reductions the District has transferred to the AB 1318 Tracking System
meet the requirements of the Clean Air Act (CAA).

DATES: Comments on this Notice of Proposed Rulemaking (NPR) must be
submitted no later than February 14, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-1078, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through http://www.regulations.gov or
e-mail. http://www.regulations.gov is an ``anonymous access'' system,
and EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send e-mail directly to
EPA, your e-mail address will be automatically captured and included as
part of the public comment. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415)
972-3524<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'',
and ``our'' refer to EPA.

Table of Contents

I. Background
    A. Facility Description and Background
    B. Emission Offsets
    C. Procedural History of Source Specific SIP Revision
II. Evaluation of Source Specific SIP Revision
    A. What is in the SIP revision?
    B. What are the Federal Clean Air Act requirements?
    C. SIP Relaxation
    D. Public Comment and Final Action
III. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132, Federalism
    F. Executive Order 13175, Coordination With Indian Tribal
Governments
    G. Executive Order 13045, Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211, Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Population

I. Background

A. Facility Description and Background

    The proposed Sentinel Energy Project is designed to be a nominally
rated 850 megawatt electrical generating facility covering
approximately 37 acres within Riverside County, adjacent to Palm
Springs, California. The Sentinel Energy Project will emit air
pollutants from eight General Electric LMS100 combustion turbine
generators equipped with oxidation catalyst and selective catalytic
reduction equipment, eight single cell mechanical draft cooling towers,
and a 240 brake horsepower Tier III diesel emergency fire pump engine.
    The California Energy Commission (CEC) approved the application for
certification for Sentinel on December 1, 2010. The District issued a
Final Determination of Compliance (FDOC) and an Addendum to the FDOC,
known as Appendix N, on March 2, 2010. Appendix N to the FDOC has
evolved into the AB 1318 Tracking System submitted as part of this SIP
revision. The CEC certification and the District's FDOC require the
Sentinel Energy Project to install and operate stringent emissions
controls to reduce emissions of NOX, VOC, CO and
PM10 to the lowest achievable emissions rates.

B. Emission Offsets

    Pursuant to section 173 of the CAA, new major stationary sources
are required to provide offsetting emission reductions for any non-
attainment pollutants that continue to be emitted after operation of
the most stringent emissions controls, if those levels exceed certain
thresholds. 42 U.S.C. 7503(a)(1)(A). The District implements these
requirements through its NSR program in Regulation XIII, which EPA
approved into the SIP in 1996 as

meeting the requirements for CAA Section 110, Part D. 61 FR 64291.
    The District estimated the amount of offsetting emission reductions
that Sentinel must provide to comply with District Rule 1303 and CAA
Sec.  173 for all non-attainment pollutants. For all pollutants other
than PM10 and SOX, Sentinel has purchased
Emission Reduction Credits (ERCs) on the open market. Those ERCs comply
with Rule 1309.
    For PM10 and SOX emissions, the California
Legislature enacted California Assembly Bill (AB) 1318, which went into
effect on January 1, 2010. AB 1318 requires the District, upon making a
specified finding, to transfer SOX and PM10
emission offsets from its internal bank to eligible electric generating
facilities. The District determined that the Sentinel Energy Project
met all of the requirements of an eligible electric generating facility
and made the required finding.
    AB 1318 also establishes requirements for the District's
implementation of transferring the offsetting emission reductions from
its internal bank to an eligible electric generating facility and for
tracking the transfer of offsetting emissions reductions. The District
completed those requirements as documented in Appendix N to the FDOC,
which has evolved into the AB 1318 Tracking System for this SIP
revision. The offsetting emission reductions transferred to the AB 1318
Tracking System from the District's internal bank were created by
permitted equipment that permanently ceased or reduced operations in
District. The District examined each of these offsetting emission
reductions and determined that they met the ``integrity criteria''
established in CAA Sec.  173(c). Specifically, the District determined
that the offsetting emission reductions were real, permanent,
quantifiable, enforceable and surplus. The District then transferred
those specific PM10 and SOX offsetting emission
reductions out of its internal bank and into the AB 1318 Tracking
System. These offsetting emission reductions are no longer available
for use in any other action.
    The amounts of offsetting emission reductions the District
transferred from its internal bank to the AB 1318 Tracking System are
based on estimated actual PM10 and SOX emissions
reported to the District according to its Annual Emissions Reporting
Program. For each source of offsetting emission reductions from a
permanent shutdown of equipment, the District has inactivated that
source's permit. For each offsetting emission reduction created by a
source reducing emissions, the District has revised the source's
federally enforceable permit to ensure the reduction is permanent. The
complete list of PM10 and SOX offsetting emission
reductions is provided in the AB 1318 Tracking System which is attached
to EPA's Technical Support Document (TSD). Documentation for each of
these offsetting emission reductions is included in the docket for this
proposal.

C. Procedural History of Source Specific SIP Revision

    The District adopted the CPV Sentinel Energy Project AB 1318
Tracking System on July 9, 2010. The California Air Resources Board
(CARB) submitted the CPV Sentinel Energy Project AB 1318 Tracking
System to EPA as a source specific SIP revision on September 10, 2010.
EPA issued a completeness letter on October 27, 2010, finding that the
submittal had met the completeness criteria in 40 CFR Part 51 Appendix
V.

II. Evaluation of Source Specific SIP Revision

A. What is in the SIP revision?

    The package that the District, through CARB, submitted to EPA
consists of text to be included as a revision to the District's portion
of the California SIP, and the Sentinel Energy Project AB 1318 Tracking
System created to implement this new SIP provision. The District's SIP
text incorporates the Sentinel Energy Project AB 1318 Tracking System
by reference. The AB 1318 Tracking System includes specific offsetting
emission reductions that were identified from reductions of
SOX and PM10 occurring between 1999 and 2008 from
permitted equipment that has either permanently ceased operations in
the District or became subject to federally enforceable conditions that
reduced actual emissions. The District has not issued any Rule 1309
ERCs for these specific emissions reductions and has inactivated the
permits for the equipment that has been shut down. These SOX
and PM10 offsetting emission reductions were transferred out
of the District's internal bank and into the AB 1318 Tracking System.
These reductions have not been used by any other source and cannot be
used for any other source in the future if they are used to construct
the CPV Sentinel Energy Project. A copy of the AB 1318 Tracking System
for CPV Sentinel is included as an attachment to the TSD for this
action.
    The text of the proposed source-specific SIP revision, in relevant
part, is:

    The Executive Officer of the South Coast Air Quality Management
District shall transfer sulfur oxides and particulate emission
credits from the CPV Sentinel Energy Project AB 1318 Tracking
System, attached hereto and incorporated by reference herein, to
eligible electrical generating facilities pursuant to Health and
Safety Code section 40440.14, as in effect January 1, 2010, (i.e.
the CPV Sentinel Power Plant to be located in Desert Hot Springs,
CA) in the full amounts needed to issue permits to construct and to
meet requirements for sulfur oxides and particulate matter
emissions. Notwithstanding District Rule 1303, this SIP revision
provides a federally enforceable mechanism for transferring offsets
from the AQMD's internal accounts to the CPV Sentinel Project.

    The SIP revision is intended to provide a federally approved and
enforceable mechanism for the District to transfer PM10 and
SOX offsetting emissions reductions from the District's
internal bank to the Sentinel Energy Project and to track those
emissions credits through the AB 1318 Tracking System.

B. What are the Federal Clean Air Act requirements?

    The South Coast Air Basin is an extreme non-attainment area for
ozone and a serious non-attainment area for PM10. Sulfur
oxide emissions are PM10 precursors and are therefore also
treated as a PM10 non-attainment pollutant. As required by
CAA Sec.  110(a)(2)(C), SIPs are required to include provisions to
comply with CAA Part D for non-attainment pollutants. Among the Part D
requirements, Sec.  173(a)(1)(A) requires offsetting emission
reductions for new and modified major stationary sources. Section
173(c) requires the offsetting emission reductions to be real,
quantifiable, surplus, permanent, and enforceable.
    The District's NSR permitting program is contained in District
Regulation XIII, which was approved into the South Coast portion of the
California SIP on December 4, 1996, for purposes of complying with the
CAA Part D. (61 FR 64291). District Rule 1303(b)(2) requires the
District to deny a permit to construct a new source or modify an
existing source unless it is exempt from offset requirements pursuant
to Rule 1304, emissions increases are offset by ERCs approved pursuant
to Rule 1309, or the source obtains allocations from the District's
Priority Reserve accounts in accordance with the provisions of Rule
1309.1. For PM10 and SOX emissions, Sentinel is
not exempt pursuant to Rule 1304 and does not qualify for allocations
from the Priority Reserve.\1\
---------------------------------------------------------------------------

    \1\ When sources are exempt from offsets pursuant to Rule 1304
or entitled to allocations pursuant to Rule 1309.1, the District
deducts sufficient emission credits from its internal bank of
credits to offset any emissions that would be subject to Federal
offset requirements. The District prepares annual reports to show
that it has adequate emissions credits in its internal bank.

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

    However, the California legislature directed the District to
provide offsetting emission reductions from the District's internal
bank to the Sentinel Energy Project (providing it qualified) to offset
its PM10 and SOX emissions. This source-specific
SIP revision approves the Sentinel Energy Project AB 1318 Tracking
System to provide the federally enforceable mechanism allowing the
District to transfer PM10 and SOX offsetting
emission reductions to meet the requirements of Rule 1303(b).
    EPA has reviewed the documents provided for each offsetting
emission reduction the District has transferred to the AB 1318 Tracking
System. We are proposing to find that the PM10 and
SOX offsetting emission reductions transferred to the AB
1318 Tracking System meet the CAA Section 173 requirements that
emission reductions used as offsets be real, quantifiable, surplus,
permanent, and enforceable prior to use. The TSD for this action
provides more detail regarding how the offsetting emission reductions
transferred to the AB 1318 Tracking System meet these requirements.

C. SIP Relaxation

    Under section 110(l) of the CAA, EPA may not approve any SIP
revision that would interfere with attainment, reasonable further
progress (RFP) or any other CAA requirement.
    We believe this revision will not interfere with attainment or RFP
because the emission credits in the AB 1318 Tracking System are not
relied on for attainment or RFP in the District's most recent
attainment demonstrations. We are also not aware of this revision
interfering with any other CAA requirement. For example, this source-
specific SIP revision provides a new but equivalent mechanism to
provisions in Regulation XIII for satisfying the offset requirements of
CAA Sec.  173 because the offsetting emission reductions the District
is transferring from its internal bank to the AB 1318 Tracking System
meet all Federal requirements. In addition, the District supplied a
copy of its air quality analysis for the CPV Sentinel Energy Project
which shows that operation of the facility will not interfere with the
ability of the District to reach attainment.\2\
---------------------------------------------------------------------------

    \2\ Air Quality Demonstration: SIP Revision for CPV Sentinel
Energy Project
---------------------------------------------------------------------------

D. Public Comment and Final Action

    Because EPA believes the submittal fulfills all relevant
requirements, we are proposing to fully approve it as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate this submittal into the federally
enforceable SIP.

III. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal SIP approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
approve pre-existing requirements under State or local law, and imposes
no new requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a

regulation that has federalism implications and that preempts State law
unless the Agency consults with State and local officials early in the
process of developing the proposed regulation.
    This rule 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, as specified in Executive Order 13132, because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. It
will not have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it approves a
State rule implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.

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

    Dated: December 30, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-647 Filed 1-12-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Notices]
[Page 66087-66089]
[DOCID:fr25oc11-104]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0057]

Telecommunications; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirement contained in the Standard on
Telecommunications (29 CFR 1910.268). The purpose of this requirement
is to ensure that workers have been trained as required by the Standard
to prevent risk of death or serious injury.

DATES: Comments must be submitted (postmarked, sent, or received) by
December 27, 2011.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2010-0057, U.S. Department
of Labor, Occupational Safety and Health Administration, Room N-2625,
200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand,
express mail, messenger, and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2010-
0057). All comments, including any personal information you provide,
are placed in the public docket without change and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    Under the paperwork requirement specified by paragraph (c) of the
Standard, an employer must certify that his or her workers have been
trained as specified by the training provision of the Standard.
Specifically, employers must prepare a certification record which
includes the identity of the person trained, the signature of the
employer or the person who conducted the training, and the date the
training was completed. The certification record shall be prepared at
the completion of training and shall be maintained on file for the
duration of the employee's employment. The information collected would
be used by employers as well as compliance officers to determine
whether employees have been trained according to the requirements set
forth in 29 CFR 1910.268(c).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirement contained in the Standard on Telecommunications
(29 CFR 1910.268). In the existing ICR, the Agency calculated burden
hours and cost for the training certification record for all workers in
the telecommunications industry. The burden hours have decreased based
on the number of telecommunication workers installing and repairing
lines and equipment. Therefore, OSHA is proposing to decrease the
existing burden hour estimate for the collection of information
requirement specified by the Standard from 1,087 hours to 1,077 hours,
a total difference of 10 hours. The Agency will summarize the comments
submitted in response to this notice and will include this summary in
the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Telecommunications (29 CFR 1910.268).
    OMB Number: 1218-0225.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 659.
    Frequency of Response: On occasion.
    Average Time per Response: Two (2) minutes for an establishment to
disclose training records and 2 minutes for the training record to be
generated.
    Estimated Total Burden Hours: 1,077.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2010-0057). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an

electronic or facsimile submission, you must submit them to the OSHA
Docket Office (see the section of this notice titled ADDRESSES). The
additional materials must clearly identify your electronic comments by
your name, date, and the docket number, so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information, such as social security numbers and
dates of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010
(75 FR 55355).

    Signed at Washington, DC, on October 20, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-27538 Filed 10-24-11; 8:45 am]
BILLING CODE 4510-26-P