[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35674-35680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13032]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0465; FRL-9947-24-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Infrastructure State Implementation Plan Requirements for
the National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of a State Implementation Plan (SIP) submission from
the State of Louisiana for National Ambient Air Quality Standards
(NAAQS) for fine particulate matter (PM2.5), lead (Pb),
ozone (O3), nitrogen dioxide (NO2), and sulfur
dioxide (SO2). This submission addresses how the existing
SIP provides for implementation, maintenance, and enforcement of the
NAAQS for these pollutants (also referred to as an infrastructure SIP
or i-SIP). These i-SIPs ensure that the State's SIP is adequate to meet
the state's responsibilities under the Federal Clean Air Act (CAA).
DATES: Written comments must be received on or before July 5, 2016.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2013-0465, at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
[[Page 35675]]
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Sherry Fuerst, (214) 665-
6454, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. 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 at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with her or Bill Deese at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' mean EPA.
I. Background
On October 17, 2006, following a periodic review of the NAAQS for
PM2.5, EPA revised the PM 2.5 NAAQS.\1\ The 24-
hour standard was revised to 35 micrograms per cubic meter ([mu]g/
m\3\), and the annual standard was revised to 15 [mu]g/m\3\ (71 FR
61144). On December 14, 2012, we promulgated a revised primary annual
PM2.5 NAAQS (78 FR 3086). The primary annual standard was
revised to 12.0 [mu]g/m\3\, and we retained the 24-hour
PM2.5 standard of 35 [mu]g/m\3\ (78 FR 3086). In 2008,
following a periodic review of the NAAQS for Pb, we revised the NAAQS
to 0.15 [mu]g/m\3\ for both the primary and secondary standards (73 FR
66964). On March 27, 2008, following a periodic review, EPA revised the
primary and secondary O3 NAAQS (73 FR 16205) to establish a
new primary standard of 0.075 parts per million (ppm), expressed to
three decimal places, based on a 3-year average of the fourth-highest
maximum 8-hour average concentration, and revised the current 8-hour
standard by making it identical to the revised primary standard.
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\1\ Additional information on: The history of the pollutants,
its levels, forms and, determination of compliance; EPA's approach
for reviewing i-SIPs; the details of the SIPs submittal and EPA's
evaluation; the effect of recent court decisions on i-SIPs; the
statute and regulatory citations in the Louisiana SIP specific to
this review; the specific i-SIP applicable CAA and EPA regulatory
citation; Federal Register Louisiana minor New Source Review program
and EPA approval activities; and Louisiana's Prevention of
Significant Deterioration (PSD) program can be found in the
Technical Support Document (TSD).
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Likewise, on February 9, 2010, EPA revised the primary national
ambient air quality standard for oxides of nitrogen as measured by
nitrogen dioxide (NO2), for 1-hour standard at a level of
100 ppb, based on the 3-year average of the 98th percentile of the
yearly distribution of 1-hour daily maximum concentrations, to
supplement the existing annual standard (75 FR 6474). EPA also
established requirements for an NO2 monitoring network that
includes monitors at locations where maximum NO2
concentrations are expected to occur, including within 50 meters of
major roadways, as well as monitors sited to measure the area-wide
NO2 concentrations that occur more broadly across
communities. (75 FR 6474).
Additionally, on June 22, 2010, the EPA revised the primary
SO2 NAAQS to establish a new 1-hour standard, with a level
of 75 ppb, based on the 3-year average of the annual 99th percentile of
1-hour daily maximum concentrations (75 FR 35520).
Each state must submit an i-SIP within three years after the
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA
includes a list of specific elements the i-SIP must meet. In an effort
to assist states in complying with this requirement, EPA issued
guidance addressing the i-SIP elements for NAAQS.\2\
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\2\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
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The Secretary of the Louisiana Department of Environmental Quality
(LDEQ) submitted i-SIP revisions to address the revised NAAQS.
With the exception of the certain portions that pertain to
interstate transport, EPA is proposing to approve the Louisiana i-SIP
submittals for these pollutant NAAQS.\3\ The exceptions are (1) the
portions of the 2008 ozone NAAQS submittal that pertain to interstate
transport of Louisiana emissions which will significantly contribute to
nonattainment of the NAAQS in other states, (2) the portion of the 2010
SO2 NAAQS submittal that pertains to interstate transport of
Louisiana emissions to other states, and (3) the portions which will
interfere with visibility protection measures in other states for the
2006 and 2012 PM2.5, 2008 Pb, 2008 O3, 2010
NO2, and 2010 SO2 NAAQS. We will take
separate action on the portions of the 2008 ozone and 2010
SO2 NAAQS submittal that pertain to significant contribution
to nonattainment or interference with maintenance of the NAAQS in other
states. We have disapproved portions of the Louisiana Regional Haze
Plan submittal that pertain to interference with visibility protection
measures in other states (77 FR 39425). LDEQ and EPA are currently
working on a revised Louisiana Regional Haze Plan.
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\3\ Additional information on: The history of the priority
pollutants, their levels, forms and, determination of compliance;
EPA's approach for reviewing i-SIPs; the details of the SIP
submittal and EPA's evaluation; the effect of recent court decisions
on i-SIPs; the statute and regulatory citations in the Louisiana SIP
specific to this review; the specific i-SIP applicable CAA and EPA
regulatory citations; Federal Register Notice citations for
Louisiana SIP approvals; Louisiana's minor New Source Review program
and EPA approval activities; and, Louisiana`s Prevention of
Significant Deterioration (PSD) program can be found in the
Technical Support Document (TSD).
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II. EPA's Evaluation of Louisiana's NAAQS Infrastructure Submissions
Below is a summary of EPA's evaluation of the Louisiana i-SIP for
each applicable element of 110(a)(2) A-M.\4\ Louisiana provided a
demonstration of how the existing Louisiana SIP meets the requirements
of the 2006 PM2.5 NAAQS, on May 11, 2011; 2008 Pb NAAQS on
October 14, 2011; 2008 O3, 2010 NO2, 2010
SO2 NAAQS on June 7, 2013 and the 2012 PM2.5
NAAQS on December 16, 2015. The 2006 PM2.5, 2008 Pb, 2008
O3, 2010 NO2 and 2010 SO2 SIP
submissions are complete by operation of law.\5\ The 2012
PM2.5 submission was reviewed and determined to be complete.
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\4\ A detailed discussion of our evaluation can be found in the
TSD for this action. The TSD can be accessed through
www.regulations.gov (e-docket EPA-R06-OAR-2013-0465).
\5\ These SIP submissions became complete by operation of law on
November 11, 2012 (2006 PM2.5), April 14, 2012 (2008 Pb),
and December 7, 2013 (2008 O3, 2010 NO2, and
2010 SO2). See CAA section 110(k)(1)(B).
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(A) Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, schedules for compliance and other related matters as
needed to implement,
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maintain and enforce each of the NAAQS.\6\ The Louisiana Air Control
Law found in the Louisiana Environmental Quality Act at Louisiana
Revised Statute (La R.S.)30:2054 provides the Secretary of the
Department of Environmental Quality with broad legal authority. The
Secretary can adopt emission standards and compliance schedules which
are applicable to regulated entities; emission standards and
limitations and any other measures necessary for attainment and
maintenance of national standards. The Secretary can also enforce
applicable laws, regulations, standards and compliance schedules, and
seek injunctive relief. This authority has been employed in the past to
adopt and submit multiple revisions to the Louisiana State
Implementation Plan. The approved SIP for Louisiana is documented at 40
CFR part 52.970, subpart T.\7\ LDEQ's air quality rules and standards
are codified at Title 33, Part III of the Louisiana Administrative Code
(LAC). Numerous parts of the regulations codified into 33 LAC necessary
for implementing and enforcing the NAAQS have been adopted into the
SIP.\8\
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\6\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2006
PM2.5, 2008 Pb, 2008 O3, 2010 NO2,
2010 SO2 or 2012 PM2.5 NAAQS. Those SIP
provisions are due as part of each state's attainment plan, and will
be addressed separately from the requirements of section
110(a)(2)(A). In the context of an infrastructure SIP, EPA is not
evaluating the existing SIP provisions for this purpose. Instead,
EPA is only evaluating whether the state's SIP has basic structural
provisions for the implementation of the NAAQS.
\7\ http://www.ecfr.gov/cgi-bin/text-idx?SID=6e98cdf87e1b896da1b0a8cc2d2f69d6&mc=true&node=sp40.3.52.t&rgn=div6.
\8\ See the TSD for additional information.
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(B) Ambient air quality monitoring/data system: The SIP must
provide for: Establishment and implementation of ambient air quality
monitors, collection and analysis of ambient air quality data, and
authority to provide such data to EPA upon request.
The La R.S. Chapter 2 provides LDEQ with the authority to collect
air quality monitoring data, quality-assure the results, and report the
data. LDEQ maintains and operates a monitoring network to measure
levels of the pollutants in accordance with EPA regulations specifying
siting and monitoring requirements. All monitoring data is measured
using EPA approved methods and subject to the EPA quality assurance
requirements. LDEQ submits all required data to EPA, following the EPA
regulations. The monitoring network was approved into the SIP and it
undergoes recurrent annual review by EPA.\9\ In addition, LDEQ conducts
a recurrent assessment of its monitoring network every five years, as
required by EPA rules. The most recent of these 5-year monitoring
network assessments was conducted by LDEQ and approved by EPA.\10\ The
LDEQ Web site provides the monitor locations and posts past and current
concentrations of criteria pollutants measured in the State's network
of monitors.\11\
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\9\ A copy of the 2015 Annual Air Monitoring Network Plan and
EPA's approval letter are included in the docket for this proposed
rulemaking.
\10\ A copy of LDEQ's 2010 5-year ambient monitoring network
assessment and EPA's approval letter are included in the docket for
this proposed rulemaking.
\11\ See http://airquality.deq.louisiana.gov/ and http://www.deq.louisiana.gov/portal/DIVISIONS/Assessment/AirFieldServices/AmbientAirMonitoringProgram/AmbientAirMonitoringDataandReports.aspx.
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(C) Program for enforcement of control measures: The SIP must
include the following three elements: (1) A program providing for
enforcement of the measures in paragraph A above; (2) a program for the
regulation of the modification and construction of stationary sources
as necessary to protect the applicable NAAQS (i.e., state-wide
permitting of minor sources); and (3) a permit program to meet the
major source permitting requirements of the CAA (for areas designated
as attainment or unclassifiable for the NAAQS in question).\12\
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\12\ As discussed in further detail in the TSD.
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(1) Enforcement of SIP Measures. As noted in (A), the state
statutes provide authority for the LDEQ and its Secretary to enforce
the requirements of the LAC, and any regulations, permits, or final
compliance orders. These statutes also provide the LDEQ and its
Secretary with general enforcement powers. Among other things, they can
file lawsuits to compel compliance with the statutes and regulations;
commence civil actions; issue field citations; conduct investigations
of regulated entities; collect criminal and civil penalties; develop
and enforce rules and standards related to protection of air quality;
issue compliance orders; pursue criminal prosecutions; investigate,
enter into remediation agreements; and issue emergency cease and desist
orders. The LAC also provides additional enforcement authorities and
funding mechanisms.
(2) Minor New Source Review. The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. The Louisiana minor NSR permitting
requirements are approved as part of the SIP.\13\
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\13\ EPA is not proposing to approve or disapprove the existing
Louisiana minor NSR program to the extent that it may be
inconsistent with EPA's regulations governing this program. EPA has
maintained that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs in order for EPA to approve the infrastructure
SIP for element C (e.g., 76 FR 41076-41079, July 13 2011). EPA
believes that a number of states may have minor NSR provisions that
are contrary to the existing EPA regulations for this program. The
statutory requirements of section 110(a)(2)(C) provide for
considerable flexibility in designing minor NSR programs.
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(3) Prevention of Significant Deterioration (PSD) permit program.
The Louisiana PSD portion of the SIP covers all NSR regulated
pollutants and has been approved by EPA.\14\
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\14\ As discussed further in the TSD.
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(D)(i) Interstate Pollution Transport: The i-SIP must prohibit
emissions within Louisiana from contributing significantly to the
nonattainment of the NAAQS in other states, and from interfering with
the maintenance of the NAAQS in other states (CAA(a)(2)(D)(i)(I)). The
SIP must also prohibit emissions within Louisiana both from interfering
with measures required to prevent significant deterioration in other
states and from interfering with measures required to protect
visibility in other states (CAA(a)(2)(D)(i)(II)).
Fine Particulate Matter: Previously we approved the portion of
Louisiana's 2006 PM2.5 NAAQS i-SIP which addressed the
requirement that emissions within Louisiana be prohibited from
contributing to the nonattainment of the NAAQS in other states, and
from interfering with the maintenance of the NAAQS in other states (79
FR 4436). We are not acting on the nonattainment/maintenance component
for the 2012 PM2.5 NAAQS at this time. We expect to propose
an action at a later date.
Based on information presented in this submission, we are approving
the portion of the i-SIP submittal for both the 2006 PM2.5
NAAQS and the 2012 PM2.5 NAAQS which addresses the
prevention of interference with PSD programs in other states. Louisiana
has a fully acceptable PSD program. The program regulates all NSR
pollutants, including greenhouse gas (GHG) which prevents significant
deterioration in nearby states. Since Louisiana's Regional Haze Plan
was not fully approved, we are disapproving the portion of the i-SIP
which addresses the prevention of interference with measures required
to protect visibility
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in other states for both the 2006 PM2.5 NAAQS and the 2012
PM2.5 NAAQS. We cannot ensure that Louisiana emissions will
not interfere with visibility protection measures in other States.
Lead: We propose to approve the portion of the submittal which
addresses the requirement that emissions within Louisiana be prohibited
from contributing to the nonattainment of the Pb NAAQS in other states,
and from interfering with the maintenance of the Pb NAAQS in other
states. The physical properties of Pb, which is a metal and very dense,
prevent Pb emissions from experiencing a significant degree of travel
in the ambient air. No complex chemistry is needed to form Pb or Pb
compounds in the ambient air; therefore, ambient concentrations of Pb
are typically highest near Pb sources. More specifically, there is a
sharp decrease in ambient Pb concentrations as the distance from the
source increases. According to EPA's report entitled Our Nation's Air:
Status and Trends Through 2010, Pb concentrations that are not near a
source of Pb are approximately 8 times less than the typical
concentrations near the source.\15\ There are no areas within the State
of Louisiana designated as nonattainment with respect to the 2008 lead
NAAQS. LDEQ's 2015 ambient monitoring plan provided information on
significant lead sources and their location. There are two significant
sources of Pb emissions within the state that emit more than Pb in
amounts equal to or exceeding 0.5 tons per year and no sources within
two miles of a neighboring state line.
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\15\ http://www.epa.gov/airtrends/2011/report/fullreport.pdf.
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We are also proposing to approve the portion pertaining to the
prevention of significant deterioration in other states for lead, as
Louisiana has a fully acceptable PSD program. The program regulates all
NSR pollutants, including greenhouse gas (GHG) which prevents
significant deterioration in nearby States.
Significant impacts from Pb emissions from stationary sources are
limited to short distances from emitting sources, therefore, visibility
is not effected by lead emissions.\16\ Given this information, we
propose to approve the portion of the Pb i-SIP submittal related to the
protection of visibility in other states.
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\16\ More information about this is provided in the TSD.
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Ozone: At this time we are not proposing action on the i-SIP
submittals which address the prevention of emissions which
significantly contribute to the nonattainment of the ozone NAAQS in
other states, and the interference with the maintenance of the ozone
NAAQS in other states. We plan to act on this portion of the i-SIP in a
separate action.
Based on information presented in this submission, we are proposing
to approve the portion of the submittal related to the prevention of
significant deterioration in other states, as Louisiana has a fully
acceptable PSD program. The program regulates all NSR pollutants,
including greenhouse gas (GHG) which prevents significant deterioration
in nearby states. Since Louisiana's Regional Haze Plan was not fully
approved, we also are disapproving the portion of the submittal related
to the protection of visibility in other states.
Nitrogen Dioxide: We propose to approve the portion of the
submittal which addresses the prevention of emissions which
significantly contribute to the nonattainment of the NO2
NAAQS in other states and interfere with the maintenance of the
NO2 NAAQS in other states. On February 17, 2012, EPA
designated the entire country as ``unclassifiable/attainment'' for the
2010 NO2.\17\ The available air quality data show that all
areas in the country meet the 2010 NO2 NAAQS for 2008-2010.
No state or tribal entity recommended an area be designated
``nonattainment.'' As listed in our NO2 Design Values
report,\18\ only one maintenance area exists for the prior annual
NO2 NAAQS (Los Angeles, California). With no nonattainment
or maintenance areas in surrounding states, Louisiana does not
significantly contribute to nonattainment or maintenance of these NAAQS
in any of the contiguous states. As further evidence that Louisiana's
NO2 emissions do not contribute to nonattainment or
maintenance of NAAQS, we reviewed more recent monitoring data for
NO2 throughout the United States. Using previous EPA
methodology,\19\ we evaluated specific monitors identified as having
nonattainment and or maintenance problems, which we refer to as
``receptors''. We identify nonattainment receptors as any monitor that
violated the NO2 NAAQS in the most recent three year period.
Meanwhile, we identify NO2 maintenance receptors as any
monitor that violated the NO2 NAAQS in either of the prior
monitoring cycles (2010-2012 and 2011-2013), but attained in the most
recent monitoring cycle (2012-2014). During the three most recent
design value periods of 2010 through 2012, 2011 through 2013 and 2012
through 2014, we found no monitors violating the 2010 NO2
NAAQS in the U.S.
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\17\ 77 FR 9532, February 17, 2012.
\18\ http://epa.gov/airtrends/values.html.
\19\ See NOX SIP call, 63 FR 57371 (October 27,
1998); CAIR, 7025172 (May 12, 2005; and Transport Rule or Cross-
State Air Pollution Rule 76 FR 48208 (August 8, 2001).
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We are approving the portion of the submittal related to the
prevention of significant deterioration in other states, as Louisiana
has a fully acceptable PSD program. The program regulates all NSR
pollutants, including greenhouse gas (GHG) which prevents significant
deterioration in nearby states. Since Louisiana's Regional Haze Plan
was not fully approved, we also are not approving the portion of the
submittal related to the protection of visibility in other states.
Sulfur Dioxide: At this time we not taking action on the portion of
the submittal which addresses the prevention of emissions which
significantly contribute to the nonattainment of the SO2
NAAQS in other states and interfere with the maintenance of the
SO2 NAAQS in other states. We expect to take action on this
portion of the SIP submittal at a later time.
(D)(ii) Interstate Pollution Abatement and International Air
Pollution: In addition, states must comply with the requirements listed
in sections 115 and 126 of the CAA which were designed to aid in the
abatement of interstate and international pollution (CAA
110(a)(2)(D)(ii)). Section 126(a) requires new or modified sources to
notify neighboring states of potential impacts from the source.
Louisiana's PSD program contains the element pertaining to notification
to neighboring states of the issuance of PSD permits. Section 115
relates to international pollution abatement. As there are no findings
by EPA that air emissions originating in Louisiana affect other
countries, we propose to approve the portions of the i-SIPs pertaining
to CAA section 110(a)(2)(D)(ii).
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) compliance with
requirements relating to state boards as explained in section 128 of
the CAA; and (3) necessary assurances that the state has responsibility
for ensuring
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adequate implementation of any plan provision for which it relies on
local governments or other entities to carry out. Both elements (A) and
(E) address the state have adequate authority to implement and enforce
the SIP without legal impediments.
The i-SIP submissions for these pollutants describe the SIP
regulations governing the various functions of personnel within the
LDEQ, including the administrative, technical support, planning,
enforcement, and permitting functions of the program.
With respect to funding, La R.S. 30:2011 and the SIP require LDEQ
to establish an emissions fee schedule for sources in order to fund the
reasonable costs of administering various air pollution control
programs and authorizes LDEQ to collect additional fees necessary to
cover reasonable costs associated with processing of air permit
applications. EPA conducts periodic program reviews to ensure that the
state has adequate resources and funding to, among other things,
implement and enforce the SIP.
As required by the CAA and the SIP, the majority of the members
that compose any board or body which approves permits or enforcement
orders must not derive any ``significant portion'' of their income from
persons subject to permits and enforcement orders or persons who appear
before the board on issues related to the CAA or the Louisiana Air
Quality Rules (La. R.S. 2014.1). The members of the board or body, or
the head of an agency with similar powers, are required to adequately
disclose any potential conflicts of interest.
Louisiana has not delegated any authority to implement any of the
provisions of its plan to local governmental entities. The LDEQ acts as
the primary air pollution control agency.
(F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from such sources. The SIP
shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources. It shall
require that the state correlate the source reports with emission
limitations or standards established under the CAA. These reports must
be made available for public inspection at reasonable times.
LAC 33:III Chapter 9 authorizes the LDEQ to require persons engaged
in operations which result in air pollution to monitor or test
emissions and to file reports containing information relating to the
nature and amount of emissions. There are also SIP-approved state
regulations pertaining to sampling and testing and requirements for
reporting of emissions inventories (60 FR 02014). In addition, SIP-
approved rules establish general requirements for maintaining records
and reporting emissions.
The LDEQ uses this information, in addition to information obtained
from other sources, to track progress towards maintaining the NAAQS,
develop control and maintenance strategies, identify sources and
general emission levels, and determine compliance with SIP-approved
regulations and additional EPA requirements. The SIP requires this
information be made available to the public. Provisions concerning the
handling of confidential data and proprietary business information are
included in the SIP-approved regulations. These rules specifically
exclude from confidential treatment any records concerning the nature
and amount of emissions reported by sources.
(G) Emergency authority: The SIP must provide the LDEQ with
authority to restrain any source from causing imminent and substantial
endangerment to public health or welfare or the environment. The SIP
must include an adequate contingency plan to implement LDEQ's emergency
authority.
La R.S 30:2011.D.15 provides LDEQ with the required authority to
address environmental emergencies, and LDEQ has contingency plans to
implement the emergency episode provisions in the SIP. The LDEQ
promulgated the ``Prevention of Air Pollution Emergency Episodes,''
which includes contingency measures, and these provisions were approved
into the SIP in 1989 (54 FR 9783). The episode criteria and contingency
measures are found in 33 LAC Chapter 56.
Louisiana has general emergency powers to address any possible
dangerous air pollution episode if necessary to protect the environment
and public health.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
La R.S. 30:2011 authorizes the LDEQ to revise the Louisiana SIP, as
necessary, to account for revisions of an existing NAAQS, establishment
of a new NAAQS, to attain and maintain a NAAQS, to abate air pollution,
to adopt more effective methods of attaining a NAAQS, and to respond to
EPA SIP calls concerning NAAQS adoption or implementation.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
However, as noted earlier, EPA believes that nonattainment area
requirements should be treated separately from the infrastructure SIP
requirements. The specific SIP submissions for designated nonattainment
areas, as required under CAA title I, part D, are subject to different
submission schedules than those for section 110 infrastructure
elements. Instead, EPA will take action on part D attainment plan SIP
submissions through a separate rulemaking process governed by the
requirements for nonattainment areas, as described in part D.\20\
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\20\ This infrastructure SIP rulemaking will not address the
Louisiana program for provisions related to nonattainment areas,
since EPA considers evaluation of these provisions to be outside the
scope of infrastructure SIP actions.
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(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following four CAA
requirements: (1) Those listed in section 121 of the CAA, relating to
interagency consultation; (2) those listed in section 127, relating to
public notification of NAAQS exceedances and related issues; (3)
prevention of significant deterioration of air quality and (4)
visibility protection.
(1) Interagency consultation: As required by the LAC, there must be
a public hearing before the adoption of any regulations or emission
control requirements, and all interested persons are given a reasonable
opportunity to review the action that is being proposed and to submit
data or arguments, either orally or in writing, and to examine
witnesses testifying at the hearing (La R.S. 30:2011). In addition, the
LAC provides the LDEQ the power and duty to establish cooperative
agreements with local authorities, and consult with other states, the
federal government and other interested persons or groups in regard to
matters of common interest in the field of air quality control (La.
R.S. 30:2032). Furthermore, the Louisiana PSD SIP rules mandate that
the LDEQ provide for
[[Page 35679]]
public participation and notification regarding permitting applications
to any other state or local air pollution control agencies, local
government officials of the city or county where the source will be
located, tribal authorities, and Federal Land Manager (FLMs) whose
lands may be affected by emissions from the source or modification (LAC
33:III.509). Additionally, the State's PSD SIP rules require the LDEQ
to consult with FLMs regarding permit applications for sources with the
potential to impact Class I Federal Areas. The SIP also includes a
commitment to consult continually with the FLMs on the review and
implementation of the visibility program. Louisiana recognizes the
expertise of the FLMs in monitoring, as well as new source review
applicability analyses for visibility. The State has agreed to notify
the FLMs of any advance notification or early consultation with a new
or modifying source prior to the submission of a permit application.
Likewise, the State's Transportation Conformity SIP rules provide for
interagency consultation, resolution of conflicts, and public
notification.
(2) Public Notification: On January 10, 1980, the Governor
submitted final revisions to the ambient monitoring portion of the
plan. These revisions were included into the SIP on August 6, 1981 (46
FR 40005). This portion of the SIP includes requirements for public
notification of information related to air quality standards violation
included in Part 51 in order to meet the requirements of Section 127 of
the Act, requiring the LDEQ to regularly notify the public of instances
or areas in which any NAAQS are exceeded. In addition, as discussed for
infrastructure element B above, the LDEQ air monitoring Web site
provides quality data for each of the monitoring stations in Louisiana;
this data is provided instantaneously for certain pollutants, such as
ozone. The Web site also provides information on the health effects of
lead, ozone, particulate matter, and other criteria pollutants.
(3) PSD and Visibility Protection: The PSD requirements for this
element are the same as those addressed under element (C) above. As was
mentioned earlier, the State has a PSD program, so this requirement has
been met. The Louisiana SIP requirements relating to visibility and
regional haze are not affected when EPA establishes or revises a NAAQS.
Therefore, EPA believes that there are no new visibility protection
requirements due to the revision of the NAAQS, and consequently there
are no newly applicable visibility protection obligations pursuant to
infrastructure element (J).
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
The LDEQ has the power and duty, under La R.S. 30:2011 et seq. to
develop facts and investigate providing for the functions of
environmental air quality assessment. Past modeling and emissions
reductions measures have been submitted by the State and approved into
the SIP. Additionally, Louisiana has the ability to perform modeling
for primary and secondary NAAQS on a case by case permit basis
consistent with their SIP-approved PSD rules and with EPA guidance.
The La R.S. authorizes and requires LDEQ to cooperate with the
federal government and local authorities concerning matters of common
interest in the field of air quality control, thereby allowing the
agency to make such submissions to the EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under the CAA, to cover the cost of
reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until a fee program
established by the state pursuant to Title V of the CAA, relating to
operating permits, is approved by EPA.
The State has met this requirement as it has a fully developed fee
system in place which is outlined in LAC:III Chapter 2 and is approved
as part of the SIP. See element (E) above for the description of the
mandatory collection of permitting fees outlined in the SIP.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
See the discussion for element (J) above for a description of the
SIP's public participation process, the authority to advise and
consult, and the PSD SIP's public participation requirements.
Additionally, the state noted that La R.S. 30: 2011(D)(21) also
requires initiation of cooperative action between local authorities and
the LDEQ, between one local authority and another, or among any
combination of local authorities and the LDEQ for control of air
pollution in areas having related air pollution problems that overlap
the boundaries of political subdivisions, and entering into agreements
and compacts with adjoining states and Indian tribes, where
appropriate. The transportation conformity component of the Louisiana
SIP requires that interagency consultation and opportunity for public
involvement be provided before making transportation conformity
determinations and before adopting applicable SIP revisions on
transportation-related issues. (LAC 33:III1434)
III. Proposed Action
EPA is proposing to approve in part the May 11, 2011, October 14,
2011, June 7, 2013 and December 16, 2015 infrastructure SIP
submissions from Louisiana, which address the requirements of CAA
sections 110(a)(1) and (2) as applicable to the 2006 PM2.5,
2008 Pb, 2008 O3, 2010 NO2, 2010 SO2,
and 2012 PM2.5 NAAQS. The table below outlines the specific
actions EPA is proposing to take.
Proposed Action on Louisiana Infrastructure SIP Submittal for Various NAAQS
----------------------------------------------------------------------------------------------------------------
Element 2006 PM2.5 2008 Pb 2008 Ozone 2010 NO2 2010 SO2 2012 PM2.5
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other A A A A A A
control measures.................
(B): Ambient air quality A A A A A A
monitoring and data system.......
(C)(i): Enforcement of SIP A A A A A A
measures.........................
(C)(ii): PSD program for major A A A A A A
sources and major modifications..
(C)(iii): Permitting program for A A A A A A
minor sources and minor
modifications....................
(D)(i)(I): Contribute to A* A No action A No action No action
nonattainment/interfere with
maintenance of NAAQS
(requirements 1 and 2)...........
[[Page 35680]]
(D)(i)(II): PSD (requirement 3)... A A A A A A
(D)(i)(II): Visibility Protection D A D D D D
(requirement 4)..................
(D)(ii): Interstate and A A A A A A
International Pollution Abatement
(E)(i): Adequate resources........ A A A A A A
(E)(ii): State boards............. A A A A A A
(E)(iii): Necessary assurances A A A A A A
with respect to local agencies...
(F): Stationary source monitoring A A A A A A
system...........................
(G): Emergency power.............. A A A A A A
(H): Future SIP revisions......... A A A A A A
(I): Nonattainment area plan or + + + + + +
plan revisions under part D......
(J)(i): Consultation with A A A A A A
government officials.............
(J)(ii): Public notification...... A A A A A A
(J)(iii): PSD..................... A A A A A A
(J)(iv): Visibility protection.... + + + + + +
(K): Air quality modeling and data A A A A A A
(L): Permitting fees.............. A A A A A A
(M): Consultation and A A A A A A
participation by affected local
entities.........................
----------------------------------------------------------------------------------------------------------------
Key to Table 1: Proposed action on LA infrastructure SIP submittals for various NAAQS
A--Approve
A*--Approved at an earlier date
+--Not germane to infrastructure SIPs
No action--EPA is taking no action on this infrastructure requirements
NA--Not applicable
D--Disapprove
Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions or referenced in Louisiana's SIP, EPA believes
that Louisiana has the infrastructure in place to address all
applicable required elements of sections 110(a)(1) and (2) (except as
noted in table above) to ensure that the 2006 PM2.5, 2008
Pb, 2008 O3, 2010 NO2, 2010 SO2, and
2012 PM2.5 NAAQS are implemented in the state.
IV. 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 action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the proposed
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-13032 Filed 6-2-16; 8:45 am]
BILLING CODE 6560-50-P