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Federal Register / Vol. 72, No.

159 / Friday, August 17, 2007 / Rules and Regulations 46161

the Federal Register. A major rule Intergovernmental relations, Reporting (d) Revisions to the Montana State
cannot take effect until 60 days after it and recordkeeping requirements. Implementation Plan, Carbon Monoxide
is published in the Federal Register. Redesignation Request and Maintenance
40 CFR Part 81
This action is not a ‘‘major rule’’ as Plan for Missoula, as approved by the
defined by 5 U.S.C. 804(2). Air pollution control, National parks, Missoula City-County Air Pollution
Under section 307(b)(1) of the Clean Wilderness areas. Control Board on January 20, 2005, by
Air Act, petitions for judicial review of Dated: July 30, 2007. the Missoula County Commissioners on
this action must be filed in the United January 26, 2005 and by the Missoula
Kerrigan G. Clough,
States Court of Appeals for the City Council on March 7, 2005; and
appropriate circuit by October 16, 2007. Acting Regional Administrator, Region 8.
submitted by the Governor on May 27,
Filing a petition for reconsideration by ■ 40 CFR parts 52 and 81 are amended 2005.
the Administrator of this final rule does as follows:
not affect the finality of this rule for the PART 81—[AMENDED]
purposes of judicial review nor does it PART 52—[AMENDED]
extend the time within which a petition ■ 1. The authority citation for part 81
for judicial review may be filed, and ■ 1. The authority citation for part 52 continues to read as follows:
shall not postpone the effectiveness of continues to read as follows: Authority: 42 U.S.C. 7401 et seq.
such rule or action. This action may not Authority: 42 U.S.C. 7401 et seq.
be challenged later in proceedings to Subpart C—[Amended]
enforce its requirements. (See section Subpart BB—Montana
307(b)(2).) ■ 2. In § 81.327, the table entitled
■ 2. Section 52.1373 is amended by ‘‘Montana-Carbon Monoxide’’ is
List of Subjects adding paragraph (d) to read as follows: amended by revising the entry for the
40 CFR Part 52 ‘‘Missoula area’’ to read as follows:
§ 52.1373 Control Strategy: Carbon
Environmental protection, Air monoxide. § 81.327 Montana.
pollution control, Carbon monoxide, * * * * * * * * * *

MONTANA—CARBON MONOXIDE
Designation Classification
Designated area
Date1 Type Date1 Type

* * * * * * *
Missoula Area: September Attainment.
17, 2007
Missoula County (part).
Missoula and vicinity including the following (Range and
Township) sections: R19W T14N—sections: 29 and
32; R19W T13N—sections 2, 5, 7, 8, 11, 14 through
24, and 26 through 34; R19W T12N—sections: 4
through 7; R20W T13N—sections: 23 through 26, 35
and 36.

* * * * * * *
1 This date is November 15, 1990, unless otherwise noted.

* * * * * SUMMARY: EPA is taking direct final adopt in order to achieve the budgets,
[FR Doc. E7–15784 Filed 8–16–07; 8:45 am] action to approve the State Plan including participating in the EPA-
BILLING CODE 6560–50–P submitted by Louisiana on October 25, administered CAMR cap-and-trade
2006. The plan addresses the program. In the State Plan that EPA is
requirements of EPA’s Clean Air approving, Louisiana would meet
ENVIRONMENTAL PROTECTION Mercury Rule (CAMR), promulgated on CAMR requirements by participating in
AGENCY May 18, 2005 and subsequently revised the EPA administered cap-and-trade
on June 9, 2006. EPA is taking direct program addressing Hg emissions.
40 CFR Part 62 final action determining that the
DATES: This rule will be effective on
submitted State Plan fully implements
October 16, 2007 unless the EPA
[EPA–R06–OAR–2006–1028; FRL–8455–3] the CAMR requirements for Louisiana.
CAMR requires States to regulate receives adverse comments by
emissions of mercury (Hg) from large September 17, 2007. If we receive such
Approval and Promulgation of State
coal-fired electric generating units comments, we will publish a timely
Plan for Designated Facilities and
(EGUs). CAMR establishes State budgets withdrawal in the Federal Register to
Pollutants: Louisiana; Clean Air
for annual EGU Hg emissions and notify the public that this direct final
Mercury Rule (CAMR)
rule will not take effect.
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requires States to submit State Plans


AGENCY: Environmental Protection that ensure that annual EGU Hg ADDRESSES: Submit your comments,
Agency (EPA). emissions will not exceed the applicable identified by Docket ID No. EPA–R06–
State budget. States have the flexibility OAR–2006–1028, by one of the
ACTION: Direct final rule.
to choose which control measures to following methods:

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46162 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations

• Federal eRulemaking Portal: http:// Docket Center at http://www.epa.gov/ VI. Final Action
www.regulations.gov. Follow the on-line epahome/dockets.htm. VII. Statutory and Executive Order Reviews
instructions for submitting comments. Docket: All documents in the I. What Does This Action Do?
• U.S. EPA Region 6 ‘‘Contact Us’’ electronic docket are listed in the
Web site: http://epa.gov/region6/ www.regulations.gov index. Although EPA is taking direct final action to
r6coment.htm Please click on ‘‘6PD’’ listed in the index, some information is approve Louisiana’s State Plan,
(Multimedia) and select ‘‘Air’’ before not publicly available, i.e., CBI or other submitted on October 25, 2006. In its
submitting comments. information whose disclosure is State Plan, Louisiana would meet
• E-mail: Matthew Loesel at restricted by statute. Certain other CAMR requirements by requiring
loesel.matthew@epa.gov. material, such as copyrighted material, certain coal-fired EGUs to participate in
• Fax: Mr. Matthew Loesel, Air is not placed on the Internet and will be the EPA-administered cap-and-trade
Permits Section (6PD–R), at fax number publicly available only in hard copy program addressing Hg emissions. EPA
214–665–7263. form. Publicly available docket is taking direct final action on all of the
• Mail: Mr. Matthew Loesel, Air materials are available either provisions in the State Plan.
Permits Section (6PD–R), Environmental EPA is publishing this rule without
electronically in www.regulations.gov or
Protection Agency, 1445 Ross Avenue, prior proposal because we view this as
in hard copy at the Air Permitting
Suite 1200, Dallas, Texas 75202–2733. a non-controversial amendment and
Section (6PD–R), Environmental
• Hand or Courier Delivery: Mr. anticipate no adverse comments.
Protection Agency, 1445 Ross Avenue,
Matthew Loesel, Air Permits Section However, in the ‘‘Proposed Rules’’
Suite 700, Dallas, Texas 75202–2733.
(6PD–R), Environmental Protection section of today’s Federal Register, we
The file will be made available by
Agency, 1445 Ross Avenue, Suite 1200, are publishing a separate document that
appointment for public inspection in
Dallas, Texas 75202–2733. Such will serve as the proposed rule to
the Region 6 FOIA Review Room
deliveries are accepted only between the approve the State Plan if relevant
between the hours of 8:30 a.m. and 4:30
hours of 8 a.m. and 4 p.m. weekdays adverse comments are received on this
p.m. weekdays except for legal holidays.
except for legal holidays. Special direct final rule. We will not institute a
arrangements should be made for Contact the person listed in the FOR
second comment period on this action.
FURTHER INFORMATION CONTACT
deliveries of boxed information. Any parties interested in commenting
Instructions: Direct your comments to paragraph below to make an
must do so at this time. For further
Docket ID No. EPA–R06–OAR–2006– appointment. If possible, please make
information about commenting on this
1028. EPA’s policy is that all comments the appointment at least two working
rule, see the ADDRESSES section of this
received will be included in the public days in advance of your visit. There will
document.
docket without change and may be be a 15 cent per page fee for making If EPA receives adverse comment, we
made available online at photocopies of documents. On the day will publish a timely withdrawal in the
www.regulations.gov, including any of the visit, please check in at the EPA Federal Register informing the public
personal information provided, unless Region 6 reception area at 1445 Ross that the rule will not take effect. We
the comment includes information Avenue, Suite 700, Dallas, Texas. would address all public comments in
claimed to be Confidential Business The State submittal is also available
a subsequent final rule based on the
Information (CBI) or other information for public inspection at the State Air
proposed rule. Please note that if we
the disclosure of which is restricted by Agency listed below during official
receive adverse comment on an
statute. Do not submit information business hours by appointment:
amendment, paragraph, or section of
through www.regulations.gov, or e-mail Louisiana Department of
this rule and if that provision may be
information that you consider to be CBI Environmental Quality, Office of
severed from the remainder of the rule,
or otherwise protected. The Environmental Quality Assessment, 602
we may adopt as final those provisions
www.regulations.gov Web site is an N. Fifth Street, Baton Rouge, Louisiana
of the rule that are not the subject of an
‘‘anonymous access’’ system, which 70802.
adverse comment.
means EPA will not know your identity FOR FURTHER INFORMATION CONTACT: If
or contact information unless you you have questions concerning today’s II. What Is the Regulatory History of
provide it in the body of your comment. proposal, please contact Mr. Matthew CAMR?
If you send an e-mail comment directly Loesel, Air Permitting Section (6PD–R) CAMR was published by EPA on May
to EPA without going through U.S. EPA, Region 6, Multimedia 18, 2005 (70 FR 28606, ‘‘Standards of
www.regulations.gov, your e-mail Planning and Permitting Division (6PD), Performance for New and Existing
address will be automatically captured 1445 Ross Avenue, Dallas, TX 75202– Stationary Sources: Electric Utility
and included as part of the comment 2733, telephone (214) 665–8544; fax Steam Generating Units; Final Rule’’). In
that is placed in the public docket and number 214–665–7263; or electronic this rule, acting pursuant to its authority
made available on the Internet. If you mail at loesel.matthew@epa.gov. under section 111(d) of the Clean Air
submit an electronic comment, EPA SUPPLEMENTARY INFORMATION: Act (CAA), 42 U.S.C. 7411(d), EPA
recommends that you include your Throughout this document wherever required that all States and the District
name and other contact information in ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean of Columbia (all of which are referred to
the body of your comment and with any the EPA. herein as States) meet Statewide annual
disk or CD–ROM you submit. If EPA budgets limiting Hg emissions from
cannot read your comment due to Table of Contents coal-fired EGUs (as defined in 40 CFR
technical difficulties and cannot contact I. What Does This Action Do? 60.24(h)(8)) under Clean Air Act (CAA)
you for clarification, EPA may not be II. What Is the Regulatory History of CAMR? section 111(d). EPA required all States
able to consider your comment. III. What Are the General Requirements of to submit State Plans with control
CAMR State Plans?
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Electronic files should avoid the use of IV. How Can States Comply With CAMR?
measures that ensure that total, annual
special characters, any form of V. Analysis of Louisiana’s CAMR State Plan Hg emissions from the coal-fired EGUs
encryption, and be free of any defects or Submittal located in the respective States do not
viruses. For additional information A. State Budgets exceed the applicable statewide annual
about EPA’s public docket visit the EPA B. CAMR State Plan EGU mercury budget. Under CAMR,

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Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46163

States may implement and enforce these CAMR requirements by selecting an concerning Hg mass emissions.
reduction requirements by participating option that requires EGUs to participate Louisiana’s State Plan also demonstrates
in the EPA-administered cap-and-trade in the EPA-administered CAMR cap- that the State has the legal authority to
program or by adopting any other and-trade program. EPA also anticipates adopt emission standards and
effective and enforceable control that many States may chose to control compliance schedules necessary for
measures. Statewide annual Hg emissions for new attainment and maintenance of the
CAA section 111(d) requires States, and existing coal-fired EGUs through an State’s annual EGU Hg budget and to
and, along with CAA section 301(d) and alternative mechanism other than the require the owners and operators of
the Tribal Air Rule (40 CFR part 49), EPA-administered CAMR cap-and-trade coal-fired EGUs in the State to meet the
allows Tribes granted treatment as program. Each State that chooses an monitoring, recordkeeping, and
States (TAS), to submit State Plans to alternative mechanism must include reporting requirements of 40 CFR part
EPA that implement and enforce the with its plan a demonstration that the 75. As part of its State Plan, Louisiana
standards of performance. CAMR State Plan will ensure that the State will provided a demonstration through
explains what must be included in State meet its assigned State annual EGU Hg citation of legal authority to adopt and
Plans to address the requirements of emission budget. implement the regulations.
CAA section 111(d). The State Plans A State submitting a State Plan that
were due to EPA by November 17, 2006. VI. Final Action
requires coal-fired EGUs to participate
Under 40 CFR 60.27(b), the in the EPA-administered CAMR cap- The public was provided the
Administrator will approve or and-trade program may either adopt opportunity to comment at public
disapprove the State Plans. regulations that are substantively hearings on June 28, 2006, August 24,
identical to the EPA model Hg trading 2006 and September 25, 2006, on
III. What Are the General Requirements Louisiana’s adoption of 40 CFR part
of CAMR State Plans? rule (40 CFR part 60, subpart HHHH) or
incorporate by reference the model rule. 60—Subpart HHHH, and Louisiana’s
CAMR establishes Statewide annual CAMR provides that States may only Proposed Section 111(d) Plan for Coal-
EGU Hg emission budgets and is to be make limited changes to the model rule Fired Electric Steam Generating Units
implemented in two phases. The first prior to submittal to EPA for approval.
if the States want to participate in the
phase of reductions starts in 2010 and EPA specifically stated at 40 CFR
EPA-administered trading program. A
continues through 2017. The second 60.24(h)(6)(i) that if a State adopts
State Plan may change the model rule
phase of reductions starts in 2018 and regulations substantively identical to 40
only by altering the allowance
continues thereafter. CAMR requires CFR part 60—subpart HHHH or
allocation provisions to provide for
States to implement the budgets by incorporates the subpart by reference
State-specific allocation of Hg
either: (1) Requiring coal-fired EGUs to into its State regulations, that the
allowances using a methodology chosen
participate in the EPA-administered allowance system under the State plan
by the State. A State’s alternative
cap-and-trade program; or (2) adopting is automatically approved as meeting
allowance allocation provisions must
other coal-fired EGU control measures the requirements of establishing
meet certain allocation timing
of the respective State’s choosing and emissions standards and compliance
requirements and must ensure that total
demonstrating that such control schedules of the CAMR requirements.
allocations for each calendar year will
measures will result in compliance with The State must also demonstrate that it
not exceed the State’s annual EGU Hg
the applicable State annual EGU Hg has the legal authority to take such
budget for that year.
budget. action and to implement its
Each State Plan must require coal- V. Analysis of Louisiana’s CAMR State responsibilities under the regulations.
fired EGUs to comply with the Plan Submittal Louisiana has adopted regulations
monitoring, recordkeeping, and substantively identical to 40 CFR part
reporting provisions of 40 CFR part 75 A. State Budgets 60—subpart HHHH, and provided a
concerning Hg mass emissions. Each In today’s action, EPA is taking direct demonstration of legal authority in the
State Plan must also show that the State final action to approve Louisiana’s State section 111(d) plan submittal, therefore
has the legal authority to adopt emission Plan that adopts the annual EGU Hg EPA finds that the plan may be
standards and compliance schedules budgets established for the State in automatically approved. This action
necessary for attainment and CAMR, 0.601 tons for EGU Hg emissions will be effective on October 16, 2007
maintenance of the State’s annual EGU in 2010–2017 and 0.237 tons for EGU without further notice.
Hg budget and to require the owners Hg emissions in 2018 and thereafter.
VII. Statutory and Executive Order
and operators of coal-fired EGUs in the Louisiana’s State Plan sets these budgets
Reviews
State to meet the monitoring, as the total amount of allowances
recordkeeping, and reporting available for allocation for each year Under Executive Order 12866 (58 FR
requirements of 40 CFR part 75. under the EPA-administered CAMR cap- 51735, October 4, 1993), this action is
and-trade program. not a ‘‘significant regulatory action’’ and
IV. How Can States Comply With therefore is not subject to review by the
CAMR? B. CAMR State Plan Office of Management and Budget. For
Each State Plan must impose control The Louisiana State Plan requires this reason, this action is also not
requirements that the State coal-fired EGUs to participate in the subject to Executive Order 13211,
demonstrates will limit Statewide EPA-administered CAMR cap-and-trade ‘‘Actions Concerning Regulations That
annual Hg emissions from new and program. The State Plan incorporates by Significantly Affect Energy Supply,
existing coal-fired EGUs to the amount reference the EPA model Hg trading rule Distribution, or Use’’ (66 FR 28355, May
of the State’s applicable annual EGU Hg (40 CFR part 60, subpart HHHH) in its 22, 2001). This action merely approves
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budget. States have the flexibility to entirety. state law as meeting Federal
choose the type of EGU control Louisiana’s State Plan requires coal- requirements and imposes no additional
measures they will use to meet the fired EGUs to comply with the requirements beyond those imposed by
requirements of CAMR. EPA anticipates monitoring, recordkeeping, and state law. Accordingly, the
that many States will choose to meet the reporting provisions of 40 CFR part 75 Administrator certifies that this rule

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46164 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations

will not have a significant economic a State plan to use VCS in place of a Subpart T—Louisiana
impact on a substantial number of small State plan that otherwise satisfies the
entities under the Regulatory Flexibility provisions of the Clean Air Act. Thus, ■ 2. Section 62.4620 is amended by
Act (5 U.S.C. 601 et seq.). Because this the requirements of section 12(d) of the adding paragraphs (b)(7) and (c)(8) to
rule approves pre-existing requirements National Technology Transfer and read as follows:
under State law and does not impose Advancement Act of 1995 (15 U.S.C.
any additional enforceable duty beyond 272 note) do not apply. This rule does § 62.4620 Identification of plan.
that required by state law, it does not not impose an information collection * * * * *
contain any unfunded mandate or burden under the provisions of the
significantly or uniquely affect small Paperwork Reduction Act of 1995 (44 (b) * * *
governments, as described in the U.S.C. 3501 et seq.). (7) Control of mercury emissions from
Unfunded Mandates Reform Act of 1995 The Congressional Review Act, 5 coal-fired electric steam generating units
(Pub. L. 104–4). U.S.C. 801 et seq., as added by the Small and coal-fired electric generating units
This rule also does not have tribal as defined in 40 CFR 60.24(h)(8): Clean
Business Regulatory Enforcement
implications because it will not have a Air Act Section 111(d) Plan for Coal-
Fairness Act of 1996, generally provides
substantial direct effect on: One or more Fired Electrical Steam Generating Units,
that before a rule may take effect, the
Indian tribes, the relationship between submitted by the Louisiana Department
the Federal Government and Indian agency promulgating the rule must
submit a rule report, which includes a of Environmental Quality on October
tribes, or the distribution of power and
copy of the rule, to each House of the 25, 2006 (LAC 33:III.3003.A).
responsibilities between the Federal
Government and Indian tribes, as Congress and to the Comptroller General (c) * * *
specified by Executive Order 13175 (65 of the United States. EPA will submit a
(8) Coal-fired electric steam
FR 67249, November 9, 2000). This report containing this rule and other
required information to the U.S. Senate, generating units and coal-fired electric
action also does not have Federalism generating units as defined in 40 CFR
implications because it does not have the U.S. House of Representatives, and
the Comptroller General of the United 60.24(h)(8).
substantial direct effects on the States,
the relationship between the national States prior to publication of the rule in ■ 3. Subpart T is amended by adding a
government and the States, or the the Federal Register. A major rule new undesignated center heading
distribution of power and cannot take effect until 60 days after it followed by new §§ 62.4680 and
responsibilities among the various is published in the Federal Register. 62.4681 to read as follows:
levels of government, as specified in This action is not a ‘‘major rule’’ as
Executive Order 13132 (64 FR 43255, defined by 5 U.S.C. 804(2). MERCURY EMISSIONS FROM COAL-
August 10, 1999). This action merely Under section 307(b)(1) of the Clean FIRED ELECTRIC STEAM
approves a state rule implementing a Air Act, petitions for judicial review of GENERATING UNITS
Federal standard, and does not alter the this action must be filed in the United § 62.4680 Identification of sources.
relationship or the distribution of power States Court of Appeals for the
and responsibilities established in the appropriate circuit by October 16, 2007. The plan applies to Coal-fired electric
Clean Air Act. The EPA interprets Filing a petition for reconsideration by steam generating units and coal-fired
Executive Order 13045, ‘‘Protection of the Administrator of this final rule does electric generating units as defined in 40
Children from Environmental Health not affect the finality of this rule for the CFR 60.24(h)(8) including the following
Risks and Safety Risks’’ (62 FR 19885, purposes of judicial review nor does it existing coal-fired electric generating
April 23, 1997), as applying only to extend the time within which a petition units:
those regulatory actions that concern for judicial review may be filed, and (a) Big Cajun 2 (Unit 1) at New Roads,
health or safety risks such that the shall not postpone the effectiveness of
analysis required under section 5–501 of LA.
such rule or action. This action may not
the Executive Order has the potential to be challenged later in proceedings to (b) Big Cajun 2 (Unit 2) at New Roads,
influence the regulation. This rule is not enforce its requirements. (See section LA.
subject to Executive Order 13045 307(b)(2).) (c) Big Cajun 2 (Unit 3) at New Roads,
because it would approve a state LA.
program. Executive Order 12898 (59 FR List of Subjects in 40 CFR Part 62
7629 (February 16, 1994)) establishes (d) Rodemacher (Unit 2) at Lena, LA.
Environmental protection, Air
federal executive policy on (e) R.S. Nelson (Unit 6) at Westlake,
pollution control, Intergovernmental
environmental justice. Because this rule LA.
relations, Reporting and recordkeeping
merely approves a state rule (f) Dolet Hills at Mansfield, LA.
requirements.
implementing a Federal standard, EPA
lacks the discretionary authority to Authority: This action is issued under the § 62.4681 Effective date.
modify today’s regulatory decision on authority of section 111 of the Clean Air Act,
the basis of environmental justice as amended, 42 U.S.C. 7412. The effective date for the portion of
considerations. Dated: August 8, 2007. the plan applicable to mercury budget
In reviewing State plans, EPA’s role is Lawrence Starfield, units at coal-fired electric steam
to approve State choices, provided that generating units and coal-fired electric
Acting Regional Administrator, Region 6.
they meet the criteria of the Clean Air generating units as defined in 40 CFR
Act. In this context, in the absence of a ■ 40 CFR part 62 is amended as follows: 60.24(h)(8) is effective October 16, 2007.
prior existing requirement for the State [FR Doc. E7–16171 Filed 8–16–07; 8:45 am]
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to use voluntary consensus standards PART 62—[AMENDED]


BILLING CODE 6560–50–P
(VCS), EPA has no authority to
disapprove a State plan for failure to use ■ 1. The authority citation for part 62
VCS. It would thus be inconsistent with continues to read as follows:
applicable law for EPA, when it reviews Authority: 42 U.S.C. 7401 et seq.

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