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Federal Register / Vol. 72, No.

139 / Friday, July 20, 2007 / Rules and Regulations 39741

the public. As a result, the regulation and interfere with maintenance of, the Instructions: Direct your comments to
does not affect the general public. national ambient air quality standards Docket ID No. EPA–R06–OAR–2006–
Therefore, it would be helpful in for fine particulates and/or ozone in any 0849. EPA’s policy is that all comments
avoiding confusion with the public if 32 downwind state. CAIR establishes State received will be included in the public
CFR part 650, is removed. budgets for SO2 and NOX and requires docket without change and may be
States to submit SIP revisions that made available online at http://
List of Subjects in 32 CFR Part 650 implement these budgets in States that, including any
Air pollution control, Environmental EPA concluded did contribute to personal information provided, unless
protection, Federal buildings and nonattainment in downwind states. the comment includes information
facilities, Hazardous substances, States have the flexibility to choose claimed to be Confidential Business
Historic preservation, Noise control, which control measures to adopt to Information (CBI) or other information
Waste treatment and disposal, Water achieve the budgets, including the disclosure of which is restricted by
pollution control. participating in the EPA-administered statute. Do not submit information
cap-and-trade programs. In this SIP through or
PART 650—[REMOVED] revision that EPA is approving, EPA e-mail, if you believe that it is CBI or
finds that Louisiana meets CAIR SO2 otherwise protected from disclosure.
■ Accordingly, for reasons stated in the requirements by participating in the The Web
preamble, under the authority of 10 EPA-administered cap-and-trade site is an ‘‘anonymous access’’ system,
U.S.C. 3012, 32 CFR part 650, program addressing SO2 emissions. which means that EPA will not know
Environmental Protection and The intended effect of this action is to your identity or contact information
Enhancement, is removed in its entirely. reduce SO2 emissions from the State of unless you provide it in the body of
Brenda S. Bowen, Louisiana that are contributing to your comment. If you send an e-mail
Army Federal Register Liaison Officer. nonattainment of the PM2.5 National comment directly to EPA without going
Ambient Air Quality Standard (NAAQS through,
[FR Doc. 07–3538 Filed 7–19–07; 8:45 am]
or standard) in downwind states. This your e-mail address will be
action is being taken under section 110 automatically captured and included as
of the Federal Clean Air Act (the Act or part of the comment that is placed in the
CAA). public docket and made available on the
ENVIRONMENTAL PROTECTION DATES: This rule is effective on Internet. If you submit an electronic
AGENCY September 18, 2007 without further comment, EPA recommends that you
notice, unless EPA receives relevant include your name and other contact
40 CFR Part 52 adverse comment by August 20, 2007. If information in the body of your
[EPA–R06–OAR–2006–0849; FRL–8442–8] EPA receives such comment, EPA will comment along with any disk or CD–
publish a timely withdrawal in the ROM submitted. If EPA cannot read
Approval and Promulgation of Federal Register informing the public your comment due to technical
Implementation Plans; Louisiana; that this rule will not take effect. difficulties and cannot contact you for
Clean Air Interstate Rule Sulfur Dioxide ADDRESSES: Submit your comments, clarification, EPA may not be able to
Trading Program identified by Docket ID No. EPA–R06– consider your comment. Electronic files
OAR–2006–0849, by one of the should avoid the use of special
AGENCY: Environmental Protection
following methods: characters and any form of encryption
Agency (EPA).
(1) Follow the and should be free of any defects or
ACTION: Direct final rule. on-line instructions for submitting viruses. For additional information
comments. about EPA’s public docket, visit the EPA
SUMMARY: EPA is taking a direct final
(2) E-mail: Mr. Jeff Robinson at Docket Center homepage at http://
action to approve a revision to the Please also cc
Louisiana State Implementation Plan
the person listed in the FOR FURTHER
(SIP) submitted on September 22, 2006, INFORMATION CONTACT paragraph below.
Docket: All documents in the docket
enacted at Louisiana Administrative (3) U.S. EPA Region 6 ‘‘Contact Us’’ are listed in the http://
Code, Title 33, Part III, Chapter 5, Web site: index. Although
Section 506(C) (LAC 33:III.506(C)). This r6coment.htm. Please click on ‘‘6PD’’ listed in the index, some information is
revision addresses the requirements of (Multimedia) and select ‘‘Air’’ before not publicly available, e.g., CBI or other
EPA’s Clean Air Interstate Rule (CAIR) submitting comments. information the disclosure of which is
Sulfur Dioxide (SO2) Trading Program, (4) Fax: Mr. Jeff Robinson, Chief, Air restricted by statute. Certain other
promulgated on May 12, 2005 and Permits Section (6PD–R), at fax number material, such as copyrighted material,
subsequently revised on April 28, 2006. 214–665–6762. will be publicly available only in hard
EPA is approving the SIP revision as (5) Mail: Mr. Jeff Robinson, Chief, Air copy. Publicly available docket
fully implementing the CAIR SO2 Permits Section (6PD–R), Environmental materials are available either
requirements for Louisiana. Therefore, Protection Agency, 1445 Ross Avenue, electronically in http://
as a consequence of this SIP approval, Suite 1200, Dallas, Texas 75202–2733. or in hard copy at
EPA will also withdraw the CAIR (6) Hand or Courier Delivery: Mr. Jeff the Air Permits Section (6PD–R),
Federal Implementation Plan (CAIR FIP) Robinson, Chief, Air Permits Section Environmental Protection Agency, 1445
concerning SO2 emissions for Louisiana. (6PD–R), Environmental Protection Ross Avenue, Suite 700, Dallas, Texas
The CAIR FIPs for all States in the CAIR Agency, 1445 Ross Avenue, Suite 1200, 75202–2733. The file will be made
region were promulgated on April 28, Dallas, Texas 75202–2733. Such available by appointment for public
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2006 and subsequently revised on deliveries are accepted only between the inspection in the Region 6 FOIA Review
December 13, 2006. hours of 8:30 a.m. and 4:30 p.m. Room between the hours of 8:30 a.m.
CAIR requires States to reduce weekdays except for legal holidays. and 4:30 p.m. weekdays except for legal
emissions of SO2 and nitrogen oxides Special arrangements should be made holidays. Contact the person listed in
(NOX) that significantly contribute to, for deliveries of boxed information. the FOR FURTHER INFORMATION CONTACT

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39742 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Rules and Regulations

paragraph below to make an the Louisiana CAIR SO2 Trading States to revise their SIPs to include
appointment. If possible, please make Program. The TSD is available as control measures that reduce emissions
the appointment at least two working specified in the section of this of SO2, which is a precursor to PM2.5
days in advance of your visit. A 15 cent document identified as ADDRESSES. As a formation, and/or NOX, which is a
per page fee will be charged for making consequence of the SIP approval, the precursor to both ozone and PM2.5
photocopies of documents. On the day Administrator of EPA will also issue a formation. For jurisdictions that
of the visit, please check in at the EPA final rule to withdraw the FIP contribute significantly to downwind
Region 6 reception area on the seventh concerning SO2 emissions for Louisiana. PM2.5 nonattainment, CAIR sets annual
floor at 1445 Ross Avenue, Suite 700, This action will delete and reserve 40 State-wide emission reduction
Dallas, Texas. CFR 52.985 in part 52. The withdrawal requirements (i.e., budgets) for SO2 and
The State submittal related to this SIP of the CAIR FIP for Louisiana is a annual State-wide emission reduction
revision, and which is part of the EPA conforming amendment that must be requirements for NOX. Similarly, for
docket, is also available for public made once the SIP is approved because jurisdictions that contribute
inspection at the State Air Agency listed EPA’s authority to issue the FIP was significantly to 8-hour ozone
below during official business hours by premised on a deficiency in the SIP for nonattainment, CAIR sets State-wide
appointment: Louisiana. Once the SIP is fully emission reduction requirements for
Louisiana Department of approved, EPA no longer has authority NOX for the ozone season (defined at 40
Environmental Quality, Office of for the FIP. Thus, EPA will not have the CFR 97.302 as May 1st to September
Environmental Quality Assessment, 602 option of maintaining the FIP following 30th). Under CAIR, States may
N. Fifth Street, Baton Rouge, Louisiana the full SIP approval. Accordingly, EPA implement these reduction
70802. does not intend to offer an opportunity requirements by participating in the
FOR FURTHER INFORMATION CONTACT: If for a public hearing or an additional EPA-administered cap-and-trade
you have questions concerning today’s opportunity for written public comment programs or by adopting any other
proposal, please contact Ms. Adina on the withdrawal of the FIP. control measures. Louisiana was found
Wiley, Air Permits Section (6PD–R), We are publishing this rule without to significantly contribute to
Environmental Protection Agency, prior proposal because we view this as nonattainment of the PM2.5 standard in
Region 6, 1445 Ross Avenue, Suite a noncontroversial amendment and Alabama and the 8-hour ozone standard
1200, Dallas, TX 75202–2733. The anticipate no relevant adverse in Texas, resulting in Louisiana being
telephone number is (214) 665–2115. comments. However, in the proposed subject to the SO2, annual NOX, and
Ms. Wiley can also be reached via rules section of this Federal Register ozone season NOX CAIR requirements.
electronic mail at publication, we are publishing a CAIR explains to subject States what
separate document that will serve as the must be included in SIPs to address the
proposal to approve the SIP revision if requirements of section 110(a)(2)(D) of
Throughout this document wherever, relevant adverse comments are received. the Clean Air Act (CAA) with regard to
any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is This rule will be effective on September interstate transport with respect to the
used, we mean EPA. 18, 2007 without further notice unless 8-hour ozone and PM2.5 NAAQS. EPA
Table of Contents we receive relevant adverse comment by made national findings, effective on
I. What Action Is EPA Taking? August 20, 2007. If we receive relevant May 25, 2005, that the States had failed
II. What Is the Regulatory History of CAIR adverse comments, we will publish a to submit SIPs meeting the requirements
and the CAIR FIPs? timely withdrawal in the Federal of section 110(a)(2)(D). The SIPs were
III. What Are the General Requirements of Register informing the public that the due in July 2000, 3 years after the
CAIR and the CAIR FIPs? rule will not take effect. We will address promulgation of the 8-hour ozone and
IV. What Are the Types of CAIR SIP all public comments in a subsequent PM2.5 NAAQS. These findings started a
Submittals? final rule based on the proposed rule. 2-year clock for EPA to promulgate a
V. What Is EPA’s Analysis of the Louisiana
We will not institute a second comment Federal Implementation Plan (FIP) to
CAIR SO2 SIP Submittal?
A. State Budget for SO2 Allowance period on this action. Any parties address the requirements of section
Allocations interested in commenting must do so 110(a)(2)(D). Under CAA section
B. CAIR SO2 Cap-and-Trade Program now. Please note that if we receive 110(c)(1), EPA may issue a FIP anytime
C. Individual Opt-In Units adverse comment on an amendment, after such findings are made and must
VI. Final Action paragraph, or section of this rule and if do so within two years unless a SIP
VII. Statutory and Executive Order Reviews that provision may be severed from the revision correcting the deficiency is
I. What Action Is EPA Taking? remainder of the rule, we may adopt as approved by EPA before the FIP is
final those provisions of the rule that are promulgated.
EPA is taking direct final action to not the subject of an adverse comment. On April 28, 2006, EPA promulgated
approve a revision to Louisiana’s SIP, CAIR FIPs for all States covered by
submitted on September 22, 2006, II. What Is the Regulatory History of CAIR in order to ensure the emissions
enacted at Louisiana Administrative CAIR and the CAIR FIPs? reductions required by CAIR are
Code, Title 33, Part III, Chapter 5, The Clean Air Interstate Rule (CAIR) achieved on schedule. See 40 CFR 52.35
Section 506(C) (LAC 33:III.506(C)). In its was published by EPA on May 12, 2005 and 52.36. Each CAIR State is subject to
SIP revision, Louisiana would meet (70 FR 25162). In this rule, EPA the FIP until the State fully adopts, and
CAIR SO2 requirements by requiring determined that 28 States and the EPA approves, a SIP revision meeting
certain electric generating units (EGUs) District of Columbia contribute the requirements of CAIR. The CAIR
to participate in the EPA-administered significantly to nonattainment and FIPs require certain EGUs to participate
CAIR cap-and-trade program addressing interfere with maintenance of the in the EPA-administered CAIR SO2,
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SO2 emissions. The SIP as revised that national ambient air quality standards NOX annual, and NOX ozone season
EPA is approving meets the applicable (NAAQS) for fine particles (PM2.5) and trading programs, as appropriate, found
requirements of CAIR. Our detailed /or 8-hour ozone in downwind States in at 40 CFR part 97. The CAIR FIPs’ SO2,
analysis of this SIP revision is in the the eastern part of the country. As a NOX annual, and NOX ozone season
Technical Support Document (TSD) for result, EPA required those upwind trading programs impose essentially the

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same requirements as, and are individually to opt into the EPA- (4) Allow units that are not otherwise
integrated with, the respective CAIR SIP administered trading programs. The CAIR units to opt individually into the
trading programs. The integration of the other exception is for States that include CAIR SO2, NOX Annual, or NOX Ozone
CAIR FIP and SIP trading programs all non-EGUs from their NOX SIP Call Season Trading Programs under the opt-
means that these trading programs will trading programs in their CAIR NOX in provisions in the model rules.
work together to create effectively a ozone season trading programs. EPA’s authority to issue the CAIR
single trading program for each Louisiana was not subject to the NOX FIPs was premised on the deficiency of
regulated pollutant (SO2, NOX annual, SIP Call requirements; therefore this each State’s SIP in addressing the CAIR
and NOX ozone season) in all States exception is not available to the State. requirements. EPA will not have the
covered by the CAIR FIPs’ or SIPs’ option of maintaining the CAIR FIP
IV. What Are the Types of CAIR SIP
trading program for that pollutant. The following approval of a full CAIR SIP
CAIR FIPs also allow States to submit revision. Therefore, an approved CAIR
abbreviated SIP revisions that, if States have the flexibility to choose full SIP revision will replace the CAIR
approved by EPA, will automatically the type of control measures they will FIP requirements for NOX annual, NOX
replace or supplement certain CAIR FIP use to meet the requirements of CAIR. ozone season, or SO2 emissions, as
provisions, while the CAIR FIPs remain EPA anticipates that most States will applicable, for that State.
in place for all other provisions. choose to meet the CAIR requirements
On April 28, 2006, EPA published by selecting an option that requires V. What Is EPA’s Analysis of the
two additional CAIR-related final rules EGUs to participate in the EPA- Louisiana CAIR SO2 SIP Submittal?
that added the States of Delaware and administered CAIR cap-and-trade
A. State Budget for SO2 Allowance
New Jersey to the list of States subject programs. For such States, EPA has
to CAIR for PM2.5 and announced EPA’s provided two approaches for submitting
final decisions on reconsideration of and obtaining approval for CAIR SIP The CAIR State SO2 budgets were
five issues, without making any revisions. States may submit full SIP derived by discounting the tonnage of
substantive changes to the CAIR revisions that adopt the model CAIR emissions authorized by annual
requirements. On December 13, 2006, cap-and-trade rules. If approved, these allowance allocations under the Acid
EPA published minor, non-substantive SIP revisions will fully replace the Rain Program under title IV of the CAA.
revisions that serve to clarify CAIR and State’s CAIR FIPs. Alternatively, States Under CAIR, each allowance allocated
the CAIR FIPs. may submit abbreviated SIP revisions. in the Acid Rain Program for the years
The provisions in the abbreviated SIP in Phase 1 of CAIR (2010 through 2014)
III. What Are the General Requirements revision, if approved into a State’s SIP, authorizes 0.5 ton of SO2 emissions in
of CAIR and the CAIR FIPs? will not replace that State’s CAIR FIP; the CAIR trading program, and each
CAIR establishes State-wide emission however, the requirements for the CAIR Acid Rain Program allowance allocated
budgets for SO2 and NOX and is to be FIPs at 40 CFR part 52 incorporate the for the years in Phase 2 of CAIR (2015
implemented in two phases. The first provisions of the Federal CAIR trading and thereafter) authorizes 0.35 ton of
phase of NOX reductions starts in 2009 programs in 40 CFR part 97. The Federal SO2 emissions in the CAIR trading
and continues through 2014, while the CAIR trading programs in 40 CFR part program.
first phase of SO2 reductions starts in 97 provide that whenever EPA approves In today’s action, EPA is approving
2010 and continues through 2014. The an abbreviated SIP revision, the Louisiana’s SIP revision that
second phase of reductions for both provisions in the abbreviated SIP incorporates by reference the SO2 model
NOX and SO2 starts in 2015 and revision will be used in place of or in trading rule as satisfying the budget
continues thereafter. CAIR requires conjunction with, as appropriate, the requirements of 40 CFR 51.124(e). At 40
States to implement the budgets by corresponding provisions in 40 CFR part CFR 51.124(o)(1) we explain that any
either: (1) Requiring EGUs to participate 97 of the State’s CAIR FIP. State that incorporates by reference the
in the EPA-administered cap-and-trade A State submitting a full SIP revision CAIR SO2 trading program at subparts
programs; or (2) adopting other control may either adopt regulations that are AAA through HHH of 40 CFR part 96,
measures of the State’s choosing and substantively identical to the model meets the budget obligation under 40
demonstrating that such control rules or incorporate by reference the CFR 51.124(e). Therefore, Louisiana’s
measures will result in compliance with model rules. CAIR provides that States SIP revision establishes the State CAIR
the applicable State SO2 and NOX may only make limited changes to the SO2 budgets as 59,948 tons of SO2
budgets. model rules if the States want to emissions for 2010–2014 and 41,963
The May 12, 2005 and April 28, 2006 participate in the EPA-administered tons of SO2 emissions in 2015 and
CAIR rules provide model rules that trading programs. A full SIP revision thereafter. Louisiana’s SIP revision sets
States must adopt (with certain limited may change the model rules only by these SO2 budgets as the total amount of
changes, if desired) if they want to altering their applicability and allowances available for allocation for a
participate in the EPA-administered allowance allocation provisions to: given year under the EPA-administered
trading programs. The December 13, (1) Include NOX SIP Call trading SO2 cap-and-trade program.
2006, revisions to CAIR and the CAIR sources that are not EGUs under CAIR
FIPs were non-substantive and, B. CAIR SO2 Cap-and-Trade Program
in the CAIR NOX Ozone Season Trading
therefore, do not affect EPA’s evaluation Program; The provisions of the CAIR SO2
of a State’s SIP revision. (2) Provide for State allocation of NOX model rule are similar to the provisions
With two exceptions, only States that annual or ozone season allowances of the CAIR NOX annual and ozone
choose to meet the requirements of using a methodology chosen by the season model rules, which largely
CAIR through methods that exclusively State; mirror the structure of the NOX SIP Call
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regulate EGUs are allowed to participate (3) Provide for State allocation of NOX model trading rule in 40 CFR part 96,
in the EPA-administered trading annual allowances from the compliance subparts A through I. However, the SO2
programs. One exception is for States supplement pool (CSP) using the State’s model rule is coordinated with the
that adopt the opt-in provisions of the choice of allowed, alternative ongoing Acid Rain SO2 cap-and-trade
model rules to allow non-EGUs methodologies; or program under CAA title IV. The SO2

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model rule uses the title IV allowances the unit becomes a CAIR unit, is will delete and reserve 40 CFR 52.985
for compliance, with each allowance allocated allowances, and must meet the in part 52.
allocated for 2010–2014 authorizing same allowance-holding and emissions
VII. Statutory and Executive Order
only 0.50 ton of emissions and each monitoring and reporting requirements
allowance allocated for 2015 and as other units subject to that CAIR
thereafter authorizing only 0.35 ton of trading program. The opt-in provisions Under Executive Order 12866 (58 FR
emissions. Banked title IV allowances provide for two methodologies for 51735, October 4, 1993), this action is
allocated for years before 2010 can be allocating allowances for opt-in units, not a ‘‘significant regulatory action’’ and
used at any time in the CAIR SO2 cap- one methodology that applies to opt-in therefore is not subject to review by the
and-trade program, with each such units in general and a second Office of Management and Budget. For
allowance authorizing 1 ton of methodology that allocates allowances this reason and because this action will
emissions. Title IV allowances are to be only to opt-in units that the owners and not have a significant, adverse effect on
freely transferable among sources operators intend to repower before the supply, distribution, or use of
covered by the Acid Rain Program and January 1, 2015. energy, this action is also not subject to
sources covered by the CAIR SO2 cap- States have several options Executive Order 13211, ‘‘Actions
and-trade program. concerning the opt-in provisions. States Concerning Regulations That
EPA also used the CAIR SO2 model may adopt the CAIR opt-in provisions Significantly Affect Energy Supply,
trading rule as the basis for the SO2 entirely or may adopt them but exclude Distribution, or Use’’ (66 FR 28355, May
trading program in the CAIR FIPs. The one of the methodologies for allocating 22, 2001). This action merely approves
CAIR FIPs’ trading rules are virtually allowances. States may also decline to state law as meeting Federal
identical to the CAIR model trading adopt the opt-in provisions. requirements and imposes no additional
rules, with changes made to account for Louisiana has chosen not to allow requirements beyond those imposed by
federal rather than state non-EGUs to opt into the CAIR SO2 state law. Accordingly, the
implementation. The CAIR model SO2 trading program. Louisiana incorporated Administrator certifies that this rule
trading rules and the respective CAIR by reference the CAIR SO2 Trading will not have a significant economic
FIPs’ trading rules are designed to work Program, published at 40 CFR part 96, impact on a substantial number of small
together as an integrated SO2 trading subparts AAA–HHH on July 1, 2005, entities under the Regulatory Flexibility
program. and as revised at 70 FR 25162–25405, Act (5 U.S.C. 601 et seq.). Because this
In the September 22, 2006, SIP May 12, 2005, and 71 FR 25162–25405, rule approves pre-existing requirements
revision, Louisiana chooses to April 28, 2006. This SIP revision does under state law and does not impose
implement its CAIR SO2 budgets by not include subpart III, CAIR SO2 Opt- any additional enforceable duty beyond
requiring EGUs to participate in the in Units, and any references to opt-in that required by state law, it does not
EPA-administered cap-and-trade units. contain any unfunded mandate or
program for SO2 emissions. Louisiana significantly or uniquely affect small
VI. Final Action
has adopted a full SIP revision that governments, as described in the
incorporates by reference the CAIR We are approving Louisiana’s CAIR Unfunded Mandates Reform Act of 1995
model cap-and-trade rule for SO2 SO2 SIP revision submitted on (Pub. L. 104–4).
emissions as published at 40 CFR part September 22, 2006, enacted at LAC This rule also does not have tribal
96, subparts AAA–HHH on July 1, 2005, 33:III.506(C). Under this SIP revision, implications because it will not have a
and as revised at 70 FR 25162–25405, Louisiana is choosing to participate in substantial direct effect on one or more
May 12, 2005, and 71 FR 25162–25405, the EPA-administered cap-and-trade Indian tribes, on the relationship
April 28, 2006. This SIP revision does program for SO2 emissions. Our between the Federal Government and
not include subpart III, CAIR SO2 Opt- technical analysis has shown that this Indian tribes, or on the distribution of
in Units, and any references to opt-in SIP revision is consistent with the power and responsibilities between the
units. This SIP revision also does not requirements of 40 CFR part 51, Federal Government and Indian tribes,
include the December 13, 2006, including the specific CAIR SO2 as specified by Executive Order 13175
revisions to the SO2 trading rules in the requirements at 40 CFR 51.124 as (65 FR 67249, November 9, 2000). This
CAIR and CAIR FIPs. published on May 12, 2005, and further action also does not have Federalism
revised on April 28, 2006; and all implications because it does not have
C. Individual Opt-In Units applicable requirements of the CAA. substantial direct effects on the states,
The opt-in provisions of the CAIR While we are approving the Louisiana on the relationship between the national
model trading rules allow certain non- CAIR SO2 SIP as satisfying the CAIR government and the states, or on the
EGUs (i.e., boilers, combustion turbines, SO2 requirements, it is important to note distribution of power and
and other stationary fossil-fuel-fired that the Louisiana SIP revision does not responsibilities among the various
devices) that do not meet the incorporate EPA’s latest revisions to levels of government, as specified in
applicability criteria for a CAIR trading CAIR made on December 13, 2006, and Executive Order 13132 (64 FR 43255,
program to participate voluntarily in any future revisions. We understand August 10, 1999). This action merely
(i.e., opt into) the CAIR trading program. that Louisiana will routinely update its approves a state rule implementing a
A non-EGU may opt into one or more SIP to reflect this change and any future Federal standard, and does not alter the
of the CAIR trading programs. In order EPA actions on the CAIR SO2 Trading relationship or the distribution of power
to qualify to opt into a CAIR trading Program. and responsibilities established in the
program, a unit must vent all emissions As a consequence of this SIP Act. The EPA interprets Executive Order
through a stack and be able to meet approval, the Administrator of EPA will 13045, ‘‘Protection of Children from
monitoring, recordkeeping, and also issue, without providing an Environmental Health Risks and Safety
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reporting requirements of 40 CFR part opportunity for a public hearing or an Risks’’ (62 FR 19885, April 23, 1997), as
75. The owners and operators seeking to additional opportunity for written applying only to those regulatory
opt a unit into a CAIR trading program public comment, a final rule to actions that concern health or safety
must apply for a CAIR opt-in permit. If withdraw the CAIR FIP concerning SO2 risks such that the analysis required
the unit is issued a CAIR opt-in permit, emissions for Louisiana. This action under section 5–501 of the Executive

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Order has the potential to influence the Fairness Act of 1996, generally provides relations, Nitrogen dioxide, Ozone,
regulation. This rule is not subject to that before a rule may take effect, the Particulate matter, Reporting and
Executive Order 13045 because it agency promulgating the rule must recordkeeping requirements, Sulfur
approves a state program. Executive submit a rule report, which includes a oxides.
Order 12898 (59 FR 7629, February 16, copy of the rule, to each House of the Dated: July 11, 2007.
1994) establishes federal executive Congress and to the Comptroller General Lawrence Starfield,
policy on environmental justice. of the United States. EPA will submit a
Acting Regional Administrator, EPA Region
Because this rule merely approves a report containing this rule and other
state rule implementing a Federal required information to the U.S. Senate,
standard, EPA lacks the discretionary the U.S. House of Representatives, and ■ 40 CFR part 52 is amended as follows:
authority to modify today’s regulatory the Comptroller General of the United
decision on the basis of environmental States prior to publication of the rule in PART 52—[AMENDED]
justice considerations. the Federal Register. A major rule ■ 1. The authority citation for part 52
In reviewing SIP submissions, EPA’s cannot take effect until 60 days after it continues to read as follows:
role is to approve state choices, is published in the Federal Register.
Authority: 42 U.S.C. 7401 et seq.
provided that they meet the criteria of This action is not a ‘‘major rule’’ as
the Act. In this context, in the absence defined by 5 U.S.C. 804(2). Subpart T—Louisiana
of a prior existing requirement for the Under section 307(b)(1) of the CAA,
State to use voluntary consensus petitions for judicial review of this ■ 2. Section 52.970 is amended as
standards (VCS), EPA has no authority action must be filed in the United States follows:
to disapprove a SIP submission for Court of Appeals for the appropriate ■ a. In paragraph (c) the table entitled
failure to use VCS. It would thus be circuit by September 18, 2007. Filing a ‘‘EPA Approved Louisiana Regulations
inconsistent with applicable law for petition for reconsideration by the in the Louisiana SIP’’ is amended under
EPA, when it reviews a SIP submission, Administrator of this final rule does not Chapter 5—Permit Procedures, by
to use VCS in place of a SIP submission affect the finality of this rule for the adding in numerical order a new entry
that otherwise satisfies the provisions of purposes of judicial review nor does it for ‘‘Section 506(c)’’.
the Act. Thus, the requirements of extend the time within which a petition ■ b. In paragraph (e) the table entitled
section 12(d) of the National for judicial review may be filed, and ‘‘EPA Approved Louisiana
Technology Transfer and Advancement shall not postpone the effectiveness of Nonregulatory Provisions and Quasi-
Act of 1995 (15 U.S.C. 272 note) do not such rule or action. This action may not Regulatory Measures’’ is amended by
apply. This rule does not impose an be challenged later in proceedings to adding a new entry for the ‘‘Clean Air
information collection burden under the enforce its requirements. (See section Interstate Rule Sulfur Dioxide Trading
provisions of the Paperwork Reduction 307(b)(2).) Program’’.
Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52 § 52.970 Identification of plan.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Environmental protection, Air * * * * *
Business Regulatory Enforcement pollution control, Intergovernmental (c) * * *


State ap-
State citation Title/subject EPA approval date Comments
proval date

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Chapter 5—Permit Procedures

* * * * * * *
Section 506(c) .......................... Clean Air Interstate Rule Re- 09/20/06 07/20/07, [Insert FR page Sections 506(A), (B), (D), and
quirements—Annual Sulfur number where document (E) NOT in SIP.
Dioxide. begins].

* * * * * * *

* * * * * (e) * * *
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39746 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Rules and Regulations


Applicable geographic or non- State submittal date/effective EPA ap-
Name of SIP provision Explanation
attainment area date proval date

* * * * * * *

Clean Air Interstate Rule Sulfur Statewide ................................ 09/22/06 .................................. 07/20/07, Acid Rain Program Provisions
Dioxide Trading Program. [Insert FR NOT in SIP.

[FR Doc. E7–14068 Filed 7–19–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: Joel In the December 14, 1998 Federal
BILLING CODE 6560–50–P Cohen, (410) 786–3349. Joe Strazzire, Register (63 FR 68687), we published a
(410) 786–2775. final rule entitled ‘‘Medicare and
SUPPLEMENTARY INFORMATION: Medicaid Program; Civil Money
Penalties, Assessments, Exclusions, and
DEPARTMENT OF HEALTH AND I. Background Related Appeals Procedures.’’ That rule
HUMAN SERVICES A. Statutory and Regulatory History set forth the procedures for pursuing
civil money penalties (CMPs) and
Centers for Medicare & Medicaid Section 2105 of the Omnibus Budget
assessments, and added a new part 402
Services Reconciliation Act of 1981 (Pub. L. 97–
to title 42, chapter IV of the Code of
35) added section 1128A to the Social
Federal Regulations (CFR) to
42 CFR Part 402 Security Act (the Act) to authorize the
incorporate our CMP and assessment
Secretary of Health and Human Services
authorities. However, we did not
[CMS–6146–F; CMS–6019–F] (HHS) to impose civil money penalties address exclusions in that final rule.
(CMPs), assessments, and exclusions Instead, we reserved subpart C for
RINS 0938–AM98; 0938–AN48 from the Medicare program for certain exclusions so that we could incorporate
persons (that is, health care facilities, the relevant regulations at a future date.
Medicare Program; Revised Civil practitioners, suppliers, or other In the December 14, 1998 final rule,
Money Penalties, Assessments, entities) under certain circumstances. we indicated that our procedures for
Exclusions, and Related Appeals Exclusion provides the ultimate imposing the CMPs and assessment
Procedures enforcement tool for agencies authorities delegated to CMS were based
attempting to establish compliance with on the procedures that the OIG had
AGENCY: Centers for Medicare & legal and program standards, and is delineated in 42 CFR part 1003. We also
Medicaid Services (CMS), HHS. used in addition to potential civil, made the OIG’s hearing and appeal
ACTION: Final rule. criminal, and other administrative procedures set forth in 42 CFR part 1005
proceedings. applicable to the CMP, assessment, and
SUMMARY: This final rule establishes the Since 1981, the Congress has exclusion authorities delegated to us.
procedures for imposing exclusions for significantly increased both the number In the July 23, 2004 Federal Register
certain violations of the Medicare and types of circumstances under which (69 FR 43956), we published a proposed
program and is based on the procedures the Secretary may impose the exclusion rule entitled ‘‘Medicare Program;
that the Office of Inspector General has of a person from the Medicare and State Revised Civil Money Penalties,
published for civil money penalties, health care programs. The Secretary has Assessments, Exclusions, and Related
assessments, and exclusions under their delegated the authority for these Appeals Procedures.’’ This proposed
delegated authority. Implementation of provisions to either the Office of the rule would amend subpart C by
this final rule protects beneficiaries Inspector General (OIG) or CMS establishing the procedures for
from persons (that is, health care (October 20, 1994 rule, 59 FR 52967). imposing exclusions for certain
providers and entities) found in The exclusion authorities delegated to violations of the Medicare program. The
noncompliance with Medicare the OIG for the most part address fraud, proposed rule would incorporate the
regulations, and otherwise improves the misrepresentation, or falsification, while general requirements and procedures
safeguard provisions under the those that address noncompliance with that are common to the imposition of an
Medicare statute. This final rule also programmatic or regulatory exclusion from the Medicare program.
establishes procedures that enable a requirements are delegated to CMS. In the August 4, 2005 Federal
person targeted for exclusion from the However, the OIG has the authority to Register (70 FR 44879), we published a
Medicare program to request the Centers impose exclusions and to prosecute proposed rule entitled ‘‘Medicare
for Medicare & Medicaid Services to act cases involving exclusions that were Program; Revised Civil Money Penalties,
on its behalf to recommend to the delegated to CMS, if CMS and the OIG Assessments, Exclusions and Related
Inspector General that the exclusion jointly determine it to be in the interest Appeals Procedures’’ that would
from Medicare be waived due to of economy, efficiency, or effective implement section 949 of the Medicare
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hardship that would be placed on coordination of activities. The Prescription Drug, Improvement, and
Medicare beneficiaries as a result of the determination may be made either on a Modernization Act of 2003 (MMA) (Pub.
person’s exclusion. case-by-case basis, or for all cases L. 108–173). Section 949 of the MMA
DATES: Effective Date: This final rule is brought under a particular listed amended section 1128(c)(3)(B) of the
effective on August 20, 2007. authority. Act to indicate that ‘‘[s]ubject to

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