Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality Standards, 21682-21691 [2011-9286]
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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules
Dated: April 6, 2011.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2011–9148 Filed 4–15–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0635; FRL–9296–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Section 110(a)(2)
Infrastructure Requirements for the
1997 8-Hour Ozone and Fine
Particulate Matter National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
submittals from the State of Louisiana
pursuant to the Clean Air Act (CAA or
Act) that address the infrastructure
elements specified in the CAA section
110(a)(2), necessary to implement,
maintain, and enforce the 1997 8-hour
ozone and 1997 fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS or standards). We
are proposing to find that the current
Louisiana State Implementation Plan
(SIP) meets the following infrastructure
elements for the 1997 8-hour ozone
NAAQS and the 1997 PM2.5 NAAQS:
110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). EPA is also
proposing to approve SIP revisions that
modify Louisiana’s PSD SIP for the 1997
8-hour ozone NAAQS to include
nitrogen oxides (NOX) as an ozone
precursor. This action is being taken
under section 110 and part C of the Act.
DATES: Comments must be received on
or before May 18, 2011.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2008–0635, by one of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6comment.htm. Please click on ‘‘6PD
(Multimedia)’’ and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
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SUMMARY:
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• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays,
and not on legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2008–
0635. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
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material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov, or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a fee of 15 cents per page for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202.
The State submittal is also available
for public inspection during official
business hours by appointment:
Louisiana Department of Environmental
Quality (LDEQ), Office of
Environmental Quality Assessment, 602
N. Fifth Street, Baton Rouge, Louisiana
70802.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Paige, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–6521; fax number
214–665–6762; e-mail address
paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. Background
A. What are the national ambient air
quality standards?
B. What is a SIP?
C. What is the background for this
rulemaking?
a. Section 110(a)(1) and (2)
b. Revisions to Louisiana’s SIP
c. Greenhouse Gas (GHG) Component of
PSD Programs
D. What elements are required under
Section 110(a)(2)?
II. What action is EPA proposing?
III. How has Louisiana addressed the
elements of section 110(a)(2)?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. What are the national ambient air
quality standards?
Section 109 of the Act requires EPA
to establish NAAQS for pollutants that
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‘‘may reasonably be anticipated to
endanger public health and welfare,’’
and to develop a primary and secondary
standard for each NAAQS. The primary
standard is designed to protect human
health with an adequate margin of
safety, and the secondary standard is
designed to protect public welfare and
the environment. EPA has set NAAQS
for six common air pollutants, referred
to as criteria pollutants: Carbon
monoxide, lead, nitrogen dioxide,
ozone, particulate matter, and sulfur
dioxide. These standards present State
and local governments with the
minimum air quality levels they must
meet to comply with the Act. Also,
these standards provide information to
residents of the United States about the
air quality in their communities.
B. What is a SIP?
The SIP is a set of air pollution
regulations, control strategies, other
means or techniques, and technical
analyses developed by the State, to
ensure that the State meets the NAAQS.
The SIP is required by section 110 and
other provisions of the Act. These SIPs
can be extensive, containing State
regulations or other enforceable
documents and supporting information
such as emissions inventories,
monitoring networks, and modeling
demonstrations. Each State must submit
these regulations and control strategies
to EPA for approval and incorporation
into the Federally enforceable SIP. Each
Federally approved SIP protects air
quality primarily by addressing air
pollution at its point of origin.
C. What is the background for this
rulemaking?
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a. Section 110(a)(1) and (2)
On July 18, 1997, we promulgated
new and revised NAAQS for ozone (62
FR 38856) and PM (62 FR 38652). For
ozone we set an 8-hour standard of 0.08
parts per million (ppm) to replace the
1-hour standard of 0.12 ppm. For PM we
set a new annual and a new 24-hour
NAAQS for particles with an
aerodynamic diameter less than or equal
to a nominal 2.5 micrometers (denoted
PM2.5). The annual PM2.5 standard was
set at 15 micrograms per cubic meter
(μg/m3). The 24-hour PM2.5 standard
was set at 65 μg/m3. For more
information on these standards please
see the 1997 Federal Register notices
(62 FR 38856 and 62 FR 38652).
Under sections 110(a)(1) and (2) of the
Act, States are required to submit SIPs
that provide for the implementation,
maintenance, and enforcement (the
infrastructure) of a new or revised
NAAQS within three years following
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the promulgation of the NAAQS, or
within such shorter period as EPA may
prescribe. Section 110(a)(2) lists the
specific infrastructure elements that
must be incorporated into the SIPs,
including for example, requirements for
air pollution control measures, and
monitoring that are designed to assure
attainment and maintenance of the
NAAQS. A table listing all 14
infrastructure elements is included in
Section D of this proposed rulemaking.1
Thus States were required to submit
such SIPs for the 1997 8-hour ozone and
PM2.5 NAAQS to EPA no later than June
2000.2 However, intervening litigation
over the 1997 8-hour ozone and PM2.5
NAAQS created uncertainty about how
to proceed and many States did not
provide the required ‘‘infrastructure’’ SIP
submission for these newly promulgated
NAAQS.
On March 4, 2004, Earthjustice
submitted a notice of intent to sue
related to EPA’s failure to issue findings
of failure to submit related to the
infrastructure requirements for the 1997
8-hour ozone and PM2.5 NAAQS. EPA
entered into a consent decree with
Earthjustice which required EPA, among
other things, to complete a Federal
Register notice announcing EPA’s
determinations pursuant to section
110(k)(1)(B) of the Act as to whether
each State had made complete
submissions to meet the requirements of
section 110(a)(2) for the 1997 8-hour
ozone NAAQS by December 15, 2007.
Subsequently, EPA received an
extension of the date to complete this
Federal Register notice until March 17,
2008, based upon agreement to make the
findings with respect to submissions
1 Two elements identified in section 110(a)(2) are
not governed by the 3-year submission deadline of
section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within 3 years after promulgation of a new or
revised NAAQS, but rather are due at the time the
nonattainment area plan requirements are due
pursuant to section 172. These requirements are: (i)
Submissions required by section 110(a)(2)(C) to the
extent that subsection refers to a permit program as
required in part D Title I of the CAA and (ii)
submissions required by section 110(a)(2)(I) which
pertain to the nonattainment planning requirements
of part D Title I of the CAA. Therefore, this action
does not cover these specific SIP elements. This
action also does not pertain to section
110(a)(2)(D)(i). EPA previously approved the State’s
110(a)(2)(D)(i) submission (72 FR 55064, September
28, 2007).
2 EPA issued a revised 8-hour ozone standard on
March 27, 2008 (73 FR 16436). On September 16,
2009, the EPA Administrator announced that EPA
would take rulemaking action to reconsider the
2008 primary and secondary ozone NAAQS. On
January 19, 2010, EPA proposed to set different
primary and secondary ozone standards than those
set in 2008 to provide requisite protection of public
health and welfare, respectively (75 FR 2938). The
final reconsidered ozone NAAQS have yet to be
promulgated. This rulemaking does not address the
2008 ozone standard.
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made by January 7, 2008. In accordance
with the consent decree, EPA made
completeness findings for each State
based upon what the Agency received
from each State as of January 7, 2008.
With regard to the 1997 PM2.5 NAAQS,
EPA entered into a consent decree with
Earthjustice which required EPA, among
other things, to complete a Federal
Register notice announcing EPA’s
determinations pursuant to section
110(k)(1)(B) of the Act as to whether
each State had made complete
submissions to meet the requirements of
section 110(a)(2) for the 1997 PM2.5
NAAQS by October 5, 2008.
On March 27, 2008, and October 22,
2008, we published findings concerning
whether States had made the 110(a)(2)
submissions for the 1997 ozone (73 FR
16205) and PM2.5 standards (73 FR
62902). In the March 27, 2008 action,
we found that Louisiana had made a
complete submission that provides for
the basic program elements specified in
section 110(a)(2) of the Act necessary to
implement the 1997 8-hour ozone
NAAQS. In the October 22, 2008 action,
we found that Louisiana had made a
complete submission that provides for
the basic program elements specified in
section 110(a)(2) of the Act necessary to
implement the 1997 PM2.5 NAAQS.
On October 2, 2007, we issued
‘‘Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the
1997 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards,’’
Memorandum from William T. Harnett,
Director, Air Quality Policy Division,
Office of Air Quality Planning and
Standards.3 The guidance provides that
to the extent that existing SIPs for ozone
and PM already meet the requirements,
States need only certify that fact to us.
On December 11, 2007, January 7,
2008, and March 24, 2011, the Louisiana
Department of Environmental Quality
(LDEQ) submitted letters certifying that
Louisiana has addressed any potential
infrastructure issues associated with
ozone and PM2.5 and fulfilled its
infrastructure SIP obligations. The
letters provided information on how the
current Louisiana SIP provisions meet
the 110(a)(2) requirements. These letters
are in the docket for this rulemaking.
b. Revisions to Louisiana’s SIP
On December 20, 2005, the LDEQ
submitted revisions to their New Source
Review (NSR) program to meet the
requirements of the ‘‘NSR Reform’’
published on December 31, 2002 (67 FR
80186). On November 9, 2007, the State
3 This and any other guidance documents
referenced in this action are in the docket for this
rulemaking.
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submitted their 2006 revisions (General
Update) to the SIP. Among other
revisions, the 2007 submission included
revisions that provided for NOx to be
treated as a precursor to ozone
formation in the State’s PSD program.
We are proposing action on a limited
number of revisions to the PSD program
that implement the provisions for NOx
as a precursor because EPA believes that
this is a necessary provision for
implementation of the 1997 ozone
standard.
c. Greenhouse Gas (GHG) Component of
PSD Programs
EPA has recently undertaken a series
of actions pertaining to the regulation of
GHGs that, although for the most part
distinct from one another, establish the
overall framework for today’s proposed
action on the Louisiana SIP. Four of
these actions include, as they are
commonly called, the ‘‘Endangerment
Finding’’ and ‘‘Cause or Contribute
Finding,’’ which EPA issued in a single
final action,4 the ‘‘Johnson Memo
Reconsideration,’’ 5 the ‘‘Light-Duty
Vehicle Rule,’’ 6 and the ‘‘Tailoring
Rule.’’ 7 Taken together and in
conjunction with the CAA, these actions
established regulatory requirements for
GHGs emitted from new motor vehicles
and new motor vehicle engines;
determined that such regulations, when
they took effect on January 2, 2011,
subjected GHGs emitted from stationary
sources to PSD requirements; and
limited the applicability of PSD
requirements to GHG sources on a
phased-in basis. EPA took this last
action in the Tailoring Rule, which,
more specifically, established
appropriate GHG emission thresholds
for determining the applicability of PSD
requirements to GHG-emitting sources.
In December 2010, EPA followed up on
these actions by issuing the PSD SIP
Narrowing Rule, in which EPA
withdrew its previous approval of SIP
PSD programs in 24 States, including
Louisiana, that apply to GHG-emitting
sources below the thresholds in the final
Tailoring Rule. 75 FR 82536. The
Tailoring Rule and PSD SIP Narrowing
Rule both discuss the States’ ability to
provide assurances that they will have
adequate resources to meet the new
GHG PSD permitting requirements at
statutory levels of emissions, and the
PSD SIP Narrowing Rule affected EPA’s
prior approval of portions of a State’s
SIP which do not incorporate thresholds
established under the Tailoring Rule.
The LDEQ submitted a supplemental
certification letter to EPA dated March
24, 2011, certifying that the portions of
the PSD program related to greenhouse
gas permitting which remained
approved after the promulgation of
EPA’s PSD SIP Narrowing Rule satisfy
sections 110(a)(2)(C) and (J) of the Act.
As we discuss further in this notice and
in the TSD, Louisiana currently has
adequate resources to carry out the GHG
component of the currently approved
PSD SIP program, which requires PSD
permitting for sources emitting GHGs at
or above the 75,000/100,000 tons per
year (tpy) threshold specified by the
Tailoring Rule.
D. What elements are required under
Section 110(a)(2)?
The October 2, 2007, EPA guidance
for addressing the SIP infrastructure
elements required under sections
110(a)(1) and (2) for the 1997 ozone and
PM2.5 NAAQS, provides a list of 14
essential components that States must
include in their SIPs. These are listed in
Table 1 below.
TABLE 1—SECTION 110(A)(2) ELEMENTS REQUIRED IN SIPS
Clean Air Act citation
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
110(a)(2)(A) .................................................................................
110(a)(2)(B) .................................................................................
110(a)(2)(C) .................................................................................
110(a)(2)(D)(ii) .............................................................................
110(a)(2)(E) .................................................................................
110(a)(2)(F) .................................................................................
110(a)(2)(G) .................................................................................
110(a)(2)(H) .................................................................................
110(a)(2)(J) 8 ...............................................................................
110(a)(2)(J) ..................................................................................
110(a)(2)(J) ..................................................................................
110(a)(2)(K) .................................................................................
110(a)(2)(L) .................................................................................
110(a)(2)(M) ................................................................................
The EPA is proposing to approve the
Louisiana SIP submittals that identify
where and how the 14 basic
infrastructure elements are in the EPAapproved SIP as specified in section
110(a)(2) of the Act. The Louisiana
submittals do not include revisions to
the SIP, but document how the current
4 ‘‘Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act.’’ 74 FR 66496
(December 15, 2009).
5 ‘‘Interpretation of Regulations that Determine
Pollutants Covered by Clean Air Act Permitting
Programs.’’ 75 FR 17004 (April 2, 2010).
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Emission limits and other control measures.
Ambient air quality monitoring/data system.
Program for enforcement of control measures.
International and interstate pollution abatement.
Adequate resources.
Stationary source monitoring system.
Emergency power.
Future SIP revisions.
Consultation with government officials.
Public notification.
Prevention of significant deterioration (PSD) and visibility protection.
Air quality modeling/data.
Permitting fees.
Consultation/participation by affected local entities.
Louisiana SIP already includes the
required infrastructure elements. In
today’s action, we are proposing to find
that the following section 110(a)(2)
elements are contained in the current
Louisiana SIP and provide the
infrastructure for implementing the
1997 ozone and PM standards: emission
limits and other control measures
(section 110(a)(2)(A)); ambient air
quality monitoring/data system (section
110(a)(2)(B)); program for enforcement
of control measures (section
110(a)(2)(C)); international and
interstate pollution abatement (section
110(a)(2)(D)(ii)); adequate resources
(section 110(a)(2)(E)); stationary source
monitoring system (section 110(a)(2)(F));
6 ‘‘Light-Duty Vehicle Greenhouse Gas Emission
Standards and Corporate Average Fuel Economy
Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010).
7 Prevention of Significant Deterioration and Title
V Greenhouse Gas Tailoring Rule; Final Rule.’’ 75
FR 31514 (June 3, 2010).
8 Section 110(a)(2)(I) pertains to the
nonattainment planning requirements of part D,
Title I of the Act. This section is not governed by
II. What action is EPA proposing?
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Brief description
the 3-year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local
nonattainment area controls are not due within 3
years after promulgation of a new or revised
NAAQS, but are due at the time the nonattainment
area plan requirements are due pursuant to section
172. Thus this action does not cover section
110(a)(2)(I).
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emergency power (section 110(a)(2)(G));
future SIP revisions (section
110(a)(2)(H)); consultation with
government officials (section
110(a)(2)(J)); public notification (section
110(a)(2)(J)); PSD and visibility
protection (section 110(a)(2)(J)); air
quality modeling/data (section
110(a)(2)(K)); permitting fees (section
110(a)(2)(L)); and consultation/
participation by affected local entities
(section 110(a)(2)(M)).
In conjunction with our proposed
finding that the Louisiana SIP meets the
section 110(a)(1) and (2) infrastructure
SIP elements listed above, we are also
proposing to fully approve four
severable portions of two SIP revisions
submitted by the LDEQ to EPA on
December 20, 2005 and November 9,
2007. These portions contain rule
revisions by LDEQ to (1) regulate NOx
emissions in its PSD permit program as
a precursor to ozone; (2) add NOx to the
PSD definitions for Major Modification
and Major Stationary Source; (3) under
the PSD definition for Significant, add
the emission rate for NOx, as a precursor
to ozone, as 40 tpy; and (4) under the
PSD requirements, allow for an
exemption with respect to ambient air
quality monitoring data for a source
with a net emissions increase less than
100 tpy of NOx. The actions proposed
herein are described in greater detail
below and in the TSD. At this time, EPA
is not taking action on other portions of
the December 20, 2005 and November 9,
2007 SIP revisions submitted by LDEQ;
EPA intends to act on the other
revisions at a later time.
III. How has Louisiana addressed the
elements of Section 110(a)(2)?
The Louisiana submittals address the
elements of Section 110(a)(2) as
described below. We provide a more
detailed review and analysis of the
Louisiana infrastructure SIP elements in
the Technical Support Document (TSD),
located in the docket for this
rulemaking.
Enforceable emission limits and other
control measures, pursuant to section
110(a)(2)(A): Section 110(a)(2)(A)
requires that all measures and other
elements in the SIP be enforceable. This
provision does not require the submittal
of regulations or emission limits
developed specifically for attaining the
1997 8-hour ozone and PM2.5 standards.
Those regulations are due later as part
of attainment demonstrations.
The Louisiana Environmental Quality
Act (LEQA) names the LDEQ as the
State’s air pollution control agency and
provides enforcement authority to the
LDEQ. The Louisiana legislature in Acts
1983, No. 97 amended and reenacted a
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multitude of the State’s statutes,
including provisions which created and
empowered the LDEQ. The SIP rule at
Title 33 of the Louisiana Administrative
Code (denoted 33 LAC), Chapter 1,
section 101 describes the LDEQ as the
State’s air pollution control agency and
its enforcement authority, referencing
the 1983 LEQA (54 FR 9783, March 8,
1989).9
The LDEQ has promulgated rules to
limit and control emissions of PM,
sulfur dioxide (SO2), NOx and volatile
organic compounds (VOCs).10 These
rules include emission limits, control
measures, programs for banking and
trading of emissions, permits, fees, and
compliance schedules and are found in
Titles 33 and 55 of the LAC: 11 33 LAC
chapters 1, 5–7, 9, 11, 13–15, and 21–
23; and 55 LAC Chapter 8.
In this proposed action, EPA has not
reviewed and is not proposing to take
any action to approve or disapprove any
existing Louisiana SIP provisions with
regard to excess emissions during
startup, shutdown, or malfunction
(SSM) of operations at a facility. EPA
believes that a number of States have
SSM SIP provisions which are contrary
to the Act and inconsistent with existing
EPA guidance 12 and the Agency plans
to conduct a SIP call in the future to
address such SIP regulations. In the
meantime, EPA encourages any State
having an SSM SIP provision which is
contrary to the Act and inconsistent
with EPA guidance to take steps to
correct the deficiency as soon as
possible before a SIP call is
implemented. Similarly, this proposed
action does not include a review of and
also does not propose to take any action
to approve or disapprove any existing
SIP rules with regard to director’s
discretion or variance provisions. EPA
believes that a number of SIPs have
such provisions which are contrary to
the Act and not consistent with existing
EPA guidance (52 FR 45044, November
9 Older references to this Federal Register (FR)
notice are written as 54 FR 9795. We now identify
a FR notice by the first page of the rulemaking, thus
we refer to this rulemaking as 54 FR 9783.
10 NO and VOCs are precursors to ozone. PM can
X
be emitted directly and secondarily formed; the
latter is the result of NOX and SO2 precursors
combining with ammonia to form ammonium
nitrate and ammonium sulfate.
11 Title 33 addresses Environmental Quality and
Title 55 addresses Motor Vehicles. Within 33 LAC,
the State’s rules are codified in Part III (Air).
12 ‘‘State Implementation Plans (SIPs): Policy
Regarding Excess Emissions During Malfunctions,
Startup, and Shutdown,’’ Memorandum from Steven
A. Herman, Assistant Administrator for
Enforcement and Compliance Assurance, and
Robert Perciasepe, Assistant Administrator for Air
and Radiation, dated September 20, 1999.
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24, 1987) 13 and the Agency plans to
take action in the future to address such
SIP regulations. In the meantime, EPA
encourages any State having a director’s
discretion or variance provision in its
SIP which is contrary to the Act and
inconsistent with EPA guidance to take
steps to correct the deficiency as soon
as possible.
A detailed list of the applicable 33
LAC and 55 LAC chapters, discussed
above, are provided in the TSD.
Louisiana’s SIP clearly contains
enforceable emission limits and other
control measures, which are in the
Federally enforceable SIP. EPA is
proposing to find that the Louisiana SIP
meets the requirements of section
110(a)(2)(A) of the Act with respect to
the 1997 8-hour ozone and PM2.5
NAAQS.
Ambient air quality monitoring/data
analysis system, pursuant to section
110(a)(2)(B): Section 110(a)(2)(B)
requires SIPs to include provisions for
establishment and operation of ambient
air quality monitors, collecting and
analyzing ambient air quality data, and
making these data available to EPA
upon request. The LDEQ operates and
maintains a statewide network of air
quality monitors; data are collected,
results are quality assured, and the data
are submitted to EPA’s Air Quality
System 14 on a regular basis. Louisiana’s
Statewide Air Quality Surveillance
Network was approved by EPA on
August 6, 1981 (46 FR 40005), and
consists of stations that measure
ambient concentrations of the six
criteria pollutants, including ozone and
PM2.5.15 EPA also approved Chapter 7
into the SIP that requires air quality
monitoring be conducted consistent
with EPA guidelines (54 FR 9783,
March 8, 1989). EPA also approved
Louisiana’s enhanced ambient air
quality monitoring network of
Photochemical Assessment Monitoring
Stations (PAMS) on June 19, 1996 (61
FR 31035).16 The LDEQ Web site
provides the ozone and PM2.5 monitor
locations, and current and historical
data including 8-hour ozone design
13 The section addressing exemptions and
variances is found on p. 45109 of the 1987
rulemaking.
14 The Air Quality System (AQS) is EPA’s
repository of ambient air quality data. AQS stores
data from over 10,000 monitors, 5000 of which are
currently active. State, Local and Tribal agencies
collect the data and submit it to AQS on a periodic
basis.
15 The air quality surveillance network undergoes
annual review and approval by EPA. A copy of the
current approval, dated January 12, 2011, is
available in the docket for this rulemaking.
16 The PAMS network undergoes annual review
and approval by EPA. A copy of the current
approval, dated October 30, 2009, is in the docket
for this rulemaking.
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values for current 17 and past
trienniums. On July 1, 2010, LDEQ
submitted its 2010 Annual Air
Monitoring Network Plan (AAMNP) that
included the plans for the 1997 ozone
and PM2.5 NAAQS; EPA approved the
AAMNP on January 12, 2011.18
In summary, Louisiana meets the
requirement to establish, operate, and
maintain an ambient air monitoring
network, collect and analyze the
monitoring data, and make the data
available to EPA upon request. EPA is
proposing to find that the current
Louisiana SIP meets the requirements of
section 110(a)(2)(B) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Program for enforcement of control
measures and regulation of the
modification and construction of any
stationary source within the areas
covered by the plan as necessary to
assure that NAAQS are achieved,
including a permit program, as required
by Parts C and D, pursuant to section
110(a)(2)(C). Regarding a program for
enforcement of control measures, as
stated previously, the LEQA provides
the LDEQ with authority to enforce the
State’s environmental quality rules. The
LDEQ established rules governing
emissions of the NAAQS and their
precursors throughout the State and
these rules are in the Federally
enforceable SIP. The rules in 33 LAC 1,
5–7, 9, 11, 13–15, and 21–23 include
allowable rates, compliance, control
plan requirements, actual and allowable
emissions, monitoring and testing
requirements, recordkeeping and
reporting requirements, and control
schedules. These rules clarify the
boundaries beyond which regulated
entities in Louisiana can expect
enforcement action.
To meet the requirement for having a
program for the regulation of the
modification and construction of any
stationary source within the areas
covered by the plan as necessary to
assure that national ambient air quality
standards are achieved, including a
permit program as required by Parts C
and D, generally, the State is required to
have SIP-approved PSD, Nonattainment,
and Minor NSR permitting programs
adequate to implement the 1997 8-hour
ozone and PM2.5 NAAQS. We are not
evaluating nonattainment-related
provisions, such as the Nonattainment
NSR program required by part D in
110(a)(2)(C) and measures for
attainment required by section
17 The current design values for 2010 are
preliminary, as the monitoring seasons have not
ended and data has yet to be reviewed for quality
assurance.
18 A copy of our approval letter is in the docket
for this rulemaking.
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110(a)(2)(I), as part of the infrastructure
SIPs for these two NAAQS because
these submittals are required beyond the
date (3 years from NAAQS
promulgation) that section 110
infrastructure submittals are required.
PSD programs apply in areas that are
meeting the NAAQS or are
unclassifiable, referred to as areas in
attainment. PSD applies to new major
sources and major modifications at
existing sources. Louisiana’s PSD
program was initially approved into the
SIP on April 24, 1987 (52 FR 13671).
Subsequent revisions to Louisiana’s PSD
program were approved into the SIP on
June 15, 1989 (54 FR 25449), May 2,
1991 (56 FR 20137), and October 15,
1996 (61 FR 53639).
To meet the requirements of
110(a)(2)(C) for the 1997 ozone
standard, EPA believes the State must
have updated its PSD rules to treat NOX
as a precursor for ozone (70 FR 71612).
As part of this action we are proposing
to approve a total of four severable
portions from each of two SIP revisions
to implement NOX as precursor. The
LDEQ submitted SIP revisions to us on
December 20, 2005 and November 9,
2007. EPA proposes to approve the
following four portions of the December
20, 2005 and November 9, 2007 SIP
revisions: (1) The 2005 non-substantive
recodification of the definition of Major
Modification at subsection 2 as
subsection b, and the 2007 substantive
change adding NOX to the definition of
Major Modification; (2) the 2005 nonsubstantive recodification of the
definition of Major Stationary Source at
subsection 4 as subsection d, and the
2007 substantive change adding NOX to
the definition of Major Stationary
Source; (3) the 2005 non-substantive
recodification of the first paragraph of
the definition of Significant at
subsection 1 to subsection a (thus taking
no action on the substantive changes to
the definition’s table), and the 2007
substantive change adding NOX as a
precursor to the table’s criteria and
other pollutants listing for ozone; and
(4) the 2005 non-substantive
recodification of the first paragraph of
subsection I.8 to subsection I.5 (thus
taking no action on the substantive
changes to the table), and the 2007
substantive change allowing for an
exemption with respect to ozone
monitoring for a source with a net
emissions increase less than 100 tpy of
NOX.
For the 8-hour ozone NAAQS, the
November 9, 2007 SIP revisions to the
definitions in the Louisiana rules for
Major Modification and Major
Stationary Source meet the Federal
definition in 40 CFR 51.166(b)(1) to
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identify a major source of NOX as a
major source for ozone. The November
9, 2007 revisions to the Louisiana rules
also meet the Federal definition in 40
CFR 51.166(b)(49) for inclusion of NOX
as an ozone precursor. The November 9,
2007 revisions to the emission rate for
ozone under the definition for
Significant in the Louisiana rules also
meet the Federal requirements in 40
CFR 51.166(b)(23)(i). The November 9,
2007 revisions allowing for an
exemption with respect to ozone
monitoring for a source with a net
emissions increase less than 100 tpy of
NOX also meet the Federal requirement
on monitoring exemptions under the
footnote for 40 CFR 166(i)(5)(i)(e). Thus,
the November 9, 2007 revisions would
make the LA SIP more stringent and
would not interfere with any applicable
CAA requirement concerning
attainment of the 1997 8-hour ozone and
PM2.5 NAAQS. EPA is proposing to
approve these revisions as meeting the
requirements of section 110 of the Act
and 40 CFR 51.166 for establishing NOX
emissions as a precursor for ozone.
The PSD revisions we are proposing
to approve are limited to those specified
in the preceding paragraphs and are
severable from the portions of the
December 20, 2005 and November 9,
2007 SIP submittals on which we are
taking no action. By severable, we mean
that the portions of the SIP revisions we
are proposing to approve can be
implemented independently of the
portions on which we are not acting,
without affecting the stringency of the
submitted rules. In addition, the
portions on which we are taking no
action are not necessary for approval of
the infrastructure SIP requirements
addressed in this proposed action. EPA
is not proposing to take action on any
other portions of the December 20, 2005
and November 9, 2007 SIP revisions in
this proposed rulemaking; we intend to
act on those revisions in a future
rulemaking.
To implement section 110(a)(2)(C) for
the 1997 PM2.5 standard, EPA believes
that States should appropriately
implement the interim policy for
preconstruction (PSD) review as
interpreted by legal rulings. States may
follow this approach in the interim until
they must provide revisions to
implement the PM2.5 standard due May
16, 2011 under 73 FR 28321.19 During
the transition to SIP-approved PSD
requirements for PM2.5, LDEQ
confirmed to EPA by letter that, should
they rely on the EPA’s PM10 Surrogate
Policy, the State would include an
19 The Federal Register notice (73 FR 28321) was
published May 16, 2008.
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adequate rationale or demonstration to
support the use of PM10 as a surrogate
based on the facts and circumstances of
the specific permit action, consistent
with relevant case law on the use of
surrogate pollutant analyses.20 See 75
FR 6827, 6831–32 (February 11, 2010)
(discussion of case law relevant to the
use of PM10 as a surrogate for PM2.5). On
February 18, 2011, the LDEQ proposed
revisions to the Louisiana SIP to amend
their PSD and nonattainment NSR
programs for PM2.5. The State is
planning to submit these changes as a
SIP revision by May 16, 2011. EPA will
act on this submission in a separate
rulemaking.
Louisiana has the authority to issue
permits under the SIP-approved PSD
program to sources of GHG emissions
(75 FR 82536, December 30, 2010; 75 FR
77698, December 13, 2010).21 The
Tailoring Rule established thresholds
that phase in the applicability of PSD
requirements to GHG sources, starting
with the largest GHG emitters, and were
designed to relieve the overwhelming
administrative burdens and costs
associated with the dramatic increase in
permitting burden that would have
resulted from applying PSD
requirements to GHG emission increases
at or above only the mass-based
statutory thresholds of 100/250 tpy
generally applicable to all PSDregulated pollutants starting on January
2, 2011. However, EPA recognized that
even after it finalized the Tailoring Rule,
many SIPs with approved PSD programs
would, until they were revised,
continue to apply PSD at the statutory
thresholds, even though the States
would not have sufficient resources to
implement the PSD program at those
levels. EPA consequently implemented
its ‘‘PSD SIP Narrowing Rule’’ and
narrowed its approval of those
provisions of previously approved SIPs
that apply PSD to GHG emissions
increases from sources emitting GHGs
below the Tailoring Rule thresholds (75
FR 82536, December 30, 2010). Through
the PSD SIP Narrowing Rule, EPA
withdrew its previous approvals of
those programs to the extent the SIPs
apply PSD to increases in GHG
emissions from GHG-emitting sources
below the Tailoring Rule thresholds.
The portions of the PSD programs
regulating GHGs from GHG-emitting
20 December 16, 2010, letter from Cheryl Sonnier
Nolan, Assistant Secretary, Environmental Services
Division, Louisiana Department of Environmental
Quality to Thomas Diggs, Associate Director for Air
Programs, EPA Region 6. This letter is in the docket
for this rulemaking.
21 To view Louisiana’s letter, in which the State
told EPA it had this authority, please see https://
www.epa.gov/nsr/2010letters/la.pdf.
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sources with emission increases at or
above the Tailoring Rule thresholds
remained approved. The effect of EPA
narrowing its approval in this manner is
that the provisions of previously
approved SIPs that apply PSD to GHG
emissions increases from sources
emitting GHGs below the Tailoring Rule
thresholds have the status of having
been submitted by the State but not yet
acted upon by EPA (75 FR 82536,
December 30, 2010).
Louisiana submitted to EPA a
supplemental certification, dated March
24, 2011, certifying that the portion of
the GHG PSD program in the State’s
submittal under infrastructure SIP
review is only the portion that remained
approved after EPA’s promulgation of
the PSD SIP Narrowing Rule, which is
the portion that regulates GHG-emitting
sources with GHG emissions at or above
the Tailoring Rule thresholds.
Therefore, we are proposing to find that
the current Louisiana PSD SIP meets
section 110(a)(2)(C) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Section 110(a)(2)(C) creates ‘‘a general
duty on States to include a program in
their SIP that regulates the modification
and construction of any stationary
source as necessary to assure that the
NAAQS are achieved’’ (70 FR 71612,
71677). EPA provides States with a
‘‘broad degree of discretion’’ in
implementing their minor NSR
programs (71 FR 48696, 48700). The
‘‘considerably less detailed’’ regulations
for minor NSR are provided in 40 CFR
51.160 through 51.164. EPA has
determined that Louisiana’s minor NSR
program adopted pursuant to section
110(a)(2)(C) of the Act regulates
emissions of ozone and its precursors
and PM. Louisiana’s minor source
permitting requirements are contained
at 33 LAC 5–505 and were approved at
54 FR 9783.
In this action, EPA is proposing to
approve Louisiana’s infrastructure SIP
for the 1997 ozone and PM2.5 NAAQS
with respect to the general requirement
of section 110(a)(2)(C) to include a
program in the SIP that regulates the
modification and construction of any
stationary source as necessary to assure
that the NAAQS are achieved. EPA is
not proposing to approve or disapprove
the State’s existing minor NSR program
itself to the extent that it is inconsistent
with EPA’s regulations governing this
program. EPA believes that a number of
States may have minor NSR provisions
that are contrary to the existing EPA
regulations for this program. EPA
intends to work with States to reconcile
State minor NSR programs with EPA’s
regulatory provisions for the program.
The statutory requirements of section
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21687
110(a)(2)(C) provide for considerable
flexibility in designing minor NSR
programs, and EPA believes it may be
time to revisit the regulatory
requirements for this program to give
the States an appropriate level of
flexibility to design a program that
meets their particular air quality
concerns, while assuring reasonable
consistency across the country in
protecting the NAAQS with respect to
new and modified minor sources.
EPA is proposing to find that the
Louisiana SIP meets the requirements of
section 110(a)(2)(C) for both the 1997
ozone and PM2.5 standards.
Interstate and international transport,
pursuant to section 110(a)(2)(D)(ii): EPA
approved into the Louisiana SIP the
Clean Air Interstate Rule (CAIR)
NOXTrading Programs on September 28,
2007 (72 FR 55064). The SIP revision at
72 FR 55064 contains provisions that
address significant contribution,
interference with maintenance, PSD,
and protection of visibility. The
provisions that address significant
contribution and interference with
maintenance will be re-evaluated after
the EPA’s Transport Rule is finalized.
The protection of visibility requirement
will be further evaluated when EPA
completes its review of the regional
haze SIP revision submitted on June 13,
2008. For additional detail, please refer
to the TSD. Because 110(a)(2)(D)(i) was
addressed in other actions, EPA is not
proposing action on this element here.
Section 110(a)(2)(D)(ii) of the Act
requires compliance with sections 115
and 126 of the Act, relating to interstate
and international pollution abatement.
Section 115(a) addresses endangerment
of public health or welfare in foreign
countries from pollution emitted in the
United States. Pursuant to section 115,
the Administrator has neither received
nor issued a formal notification that
emissions from Louisiana are
endangering public health or welfare in
a foreign country. Section 126(a) of the
Act requires new or modified sources to
notify neighboring States of potential
impacts from such sources. 33 LAC 503
requires that each major proposed new
or modified source provide such
notification and is in the Federally
enforceable SIP (see 54 FR 9783). The
State also has no pending obligations
under section 126 of the Act.
EPA is proposing to find that the
Louisiana SIP meets the requirements of
section 110(a)(2)(D)(ii) with respect to
the 1997 8-hour ozone and PM2.5
NAAQS.
Adequate personnel, funding, and
authority, pursuant to section
110(a)(2)(E): The duties, powers and
structure of the LDEQ (described at RS
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30:2011.F) provide that ‘‘the basic
personnel [* * *] shall be employed or
provided by the department;’’ and the
LDEQ may contract, employ, and
compensate such assistance on a full or
part-time basis as may be necessary to
carry out the provisions of this Subtitle.
In addition, the State has the
Environmental Trust Fund, established
at RS 30:2015, which is used, in part, to
‘‘defray the cost to the State of
permitting, monitoring, * * *
maintaining and administering the
programs provided for under the
LEQA.’’
There are Federal sources of funding
for the implementation of the 1997 8hour ozone and PM2.5 NAAQS, through,
for example, the CAA sections 103 and
105 grant funds. The LDEQ receives
Federal funds on an annual basis, under
sections 103 and 105 of the Act, to
support its air quality programs. Fees
collected for motor vehicle inspections,
the Title V and non-Title V permit
programs, and other inspections,
maintenance and renewals required of
other air pollution sources 22 also
provide necessary funds to help
implement the State’s air programs.
Information on permitting fees is
provided in the discussion for
110(a)(2)(L) below. The secretary has the
power and duty ‘‘to receive and budget
duly appropriated monies and to accept,
receive, and administer grants or other
funds or gifts from public and private
agencies, including the Federal
government, to carry out the provisions
and purposes of this Subtitle.’’ See RS
30:2011.D.10. For more detail on
funding sources, please see the TSD.
The LEQA furthermore provides the
secretary of the LDEQ adequate
authority with the powers and duties, in
part, ‘‘to adopt, amend, or repeal all
rules, regulations, and standards for the
protection of the environment.’’ See RS
30:2011.D.1. The SIP rule at 33 LAC,
Chapter 1, section 101 describes the
LDEQ as the State’s air pollution control
agency and its enforcement authority,
referencing the 1983 LEQA (54 FR
9783). Therefore, the State has
demonstrated it has adequate authority
under its rules and regulations to carry
out its SIP obligations with respect to
the 1997 8-hour ozone and PM2.5
NAAQS.
As discussed previously in this
rulemaking with regards to section
110(a)(2)(C), Louisiana submitted to
EPA a supplemental certification, dated
March 24, 2011, certifying that the
portion of the GHG PSD program in the
22 For example, annual fees are collected for
inspections of Stage II Vapor Recovery systems at
gasoline dispensing stations.
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State’s submittal under infrastructure
SIP review is the portion that remained
approved after EPA’s promulgation of
the PSD SIP Narrowing Rule. LDEQ has
the resources to implement its GHG PSD
program for sources with emissions
increases at or above the thresholds
indicated by the PSD SIP Narrowing
Rule.
EPA is proposing to find that the
current Louisiana PSD SIP meets section
110(a)(2)(E) with respect to the 1997 8hour ozone and PM2.5 NAAQS.
Stationary source monitoring system,
pursuant to section 110(a)(2)(F): 33
LAC, chapters 7, 9, 13, 15, and 21–23
require source monitoring for
compliance, recordkeeping and
reporting, and provide for enforcement,
with respect to all the NAAQS and their
precursors. These source monitoring
program requirements generate data for,
among other pollutants, ozone, PM2.5,
and precursors to these pollutants
(VOCs, NOX, and SO2).
Under the Louisiana SIP rules, the
LDEQ is required to analyze the
emissions data from point, area, mobile,
and biogenic (natural) sources. The
LDEQ uses this data to track progress
towards maintaining the NAAQS,
develop control and maintenance
strategies, identify sources and general
emission levels, and determine
compliance with Louisiana and EPA
requirements. The State’s emissions
data are available on the LDEQ Web site
(https://www.deq.louisiana.gov.) These
rules have been approved by EPA into
the SIP. A list of the chapters and
Federal Register citations are provided
in the TSD.
There are two additional requirements
that Louisiana must meet regarding
emissions inventories (EIs): the EI
requirement for nonattainment areas,
and the requirement to submit annual EI
data to EPA’s National Emissions
Inventory (NEI) database. For the Baton
Rouge ozone nonattainment area, the
LDEQ submitted an EI SIP with a 2002
base year which included NOx and VOC
data. EPA approved this EI SIP on
September 3, 2009 (74 FR 45561). The
NEI is EPA’s central repository for air
emissions data. EPA published the Air
Emissions Reporting Rule (AERR) on
December 5, 2008, which modified the
requirements for collecting and
reporting air emissions data (73 FR
76539). The AERR shortened the time
States had to report emissions data from
17 to 12 months, giving States one
calendar year to submit emissions data.
All States are required to submit a
comprehensive emissions inventory
every three years and report emissions
for certain larger sources annually
through EPA’s online Emissions
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Inventory System (EIS). States report
emissions data for the six criteria
pollutants and the precursors that form
them—nitrogen oxides, sulfur dioxide,
ammonia, lead, carbon monoxide,
particulate matter, and volatile organic
compounds. EPA compiles the
emissions data, supplementing it where
necessary, and releases it to the general
public through the Web site https://
www.epa.gov/ttn/chief/
eiinformation.html. The LDEQ is
current with their submittals to the NEI
database; the 2008 data was submitted
to EPA in 2010. The State’s emissions
data are also available on EPA’s AirData
Web site (https://www.epa.gov/air/data/
index.html.) 23
EPA is proposing to find that the
Louisiana SIP meets the requirements of
section 110(a)(2)(F) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Emergency power, pursuant to section
110(a)(2)(G): Section 110(a)(2)(G)
requires States to provide for authority
to address activities causing imminent
and substantial endangerment to public
health, including contingency plans to
implement the emergency episode
provisions in their SIPs. The LEQA,
pursuant to RS 2011.D.15, provides the
LDEQ with authority to address
environmental emergencies, and the
LDEQ has contingency plans to
implement 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 on March 8, 1989 (54 FR 9783). The
episode criteria and contingency
measures are found in 33 LAC Chapter
56. The criteria for ozone are based on
a 1-hour average ozone level. These
episode criteria and contingency
measures are adequate to address ozone
emergency episodes and are in the
Federally approved SIP.
The 2009 Infrastructure SIP Guidance
for PM2.5 recommends that a State with
at least one monitored 24-hour PM2.5
value exceeding 140.4 μg/m3 since 2006
establish an emergency episode plan
and contingency measures to be
implemented should such level be
exceeded again. The 2006–2010 ambient
air quality monitoring data 24 for
Louisiana do not exceed 140.4 μg/m3.
The PM2.5 levels have consistently
remained below this level (140.4 μg/m3),
23 The AirData Web site provides access to air
pollution data for the entire United States and
produces reports and maps of air pollution data
based on criteria specified by the user.
24 The ozone and PM data are available through
AQS and the State Web site (https://
www.deq.louisiana.gov.) The AQS data for PM are
provided in the docket for this rulemaking.
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and furthermore, the State has
appropriate general emergency powers
to address PM2.5 related episodes to
protect the environment and public
health. Given the State’s low monitored
PM2.5 levels, EPA is proposing the State
is not required to submit an emergency
episode plan and contingency measures
at this time, for the 1997 PM2.5 standard.
Additional detail is provided in the
TSD.
EPA is proposing to find that the
Louisiana SIP meets the requirements of
section 110(a)(2)(G) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Future SIP revisions, pursuant to
section 110(a)(2)(H): The LEQA,
codified at RS 30:2011.D.1, provides
that the secretary of the LDEQ shall, in
part, ‘‘adopt, amend or repeal all rules,
regulations, and standards for the
protection of the environment.’’ In
addition, the LEQA at RS 30:2011.D.7
requires the LDEQ to ‘‘cooperate with
[* * *] the Federal government [* * *]
in furtherance of the purposes of this
Subtitle.’’ Thus, Louisiana has the
authority to revise its SIP from time to
time as may be necessary to take into
account revisions of primary or
secondary NAAQS, or the availability of
improved or more expeditious methods
of attaining such standards.
Furthermore, Louisiana also has the
authority under these LEQA provisions
to revise its SIP in the event the EPA
pursuant to the Act finds the SIP to be
substantially inadequate to attain the
NAAQS.
EPA is proposing to find that the
Louisiana SIP meets the requirements of
section 110(a)(2)(H) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Consultation with government
officials, pursuant to section
110(a)(2)(J): 25 The LEQA, as codified at
RS 30:2011.D.1, provides that the
secretary of the LDEQ ’’ shall hold a
public hearing to receive comments
[* * *] from all interested parties and
the public’’ prior to the adoption of any
rule or regulation. In addition, RS
30:2011.D.7 provides that the secretary
shall have the power and duty ‘‘to
advise, consult, and cooperate with
other agencies of the State, the Federal
government, other States, and interstate
agencies and with affected groups,
political subdivisions, interested
agricultural, industrial, professional,
and environmental groups and
individuals in furtherance of the
purposes of this Subtitle.’’ Further,
section 509 of 33 LAC Chapter 5
25 Section 110(a)(2)(J) is divided into three
segments: Consultation with government officials;
public notification; and PSD and visibility
protection.
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provides that the State shall provide
written notice of any permit application
for a proposed major stationary source
or major modification the emissions
from which may affect a Class I area to
the Federal land manager (see 54 FR
9783). Section 1434 of 33 LAC Chapter
14 requires that interagency
consultation be undertaken before
making conformity determinations and
before adopting applicable SIP revisions
and public hearings shall be held to
receive public comment on
transportation-related SIPs.26 These
rules are in the Federally approved SIP.
EPA is proposing to find that the
Louisiana SIP meets the requirements of
this portion of section 110(a)(2)(J) with
respect to the 1997 8-hour ozone and
PM2.5 NAAQS.
Public notification if NAAQS are
exceeded, pursuant to section
110(a)(2)(J): Public notification begins
with the air quality forecast, which
advises the public of conditions capable
of exceeding the NAAQS (see 54 FR
9783). A 3-day air quality forecast can
be found on the LDEQ Web site for both
ozone and PM2.5 for each forecast area.27
In addition, the State implements an
Ozone Action Day (OAD) program and
will issue an ozone alert in the
afternoon on the day before an elevated
level of ozone is expected to occur.
Announcements for an OAD will be
broadcast through television and other
news media, and to employers
participating in the OAD program. The
OAD program includes examples of
actions that can be implemented by
individuals and organizations to reduce
ozone levels and exposure to ozone.
Also through the LDEQ Web site, the
public can subscribe to Enviroflash, an
electronic information system that
provides a forecast of air quality
information via e-mail, cell phone, or
pager. Ozone data are posted on the
LDEQ Web site; current, regional hourly
and regional 8-hour ozone data are
posted hourly (see https://
www.deq.louisiana.gov). EPA is
proposing to find that the Louisiana SIP
meets this portion of section 110(a)(2)(J)
with respect to the 1997 8-hour ozone
and PM2.5 NAAQS.
PSD and visibility protection,
pursuant to section 110(a)(2)(J): This
portion of section 110(a)(2)(J) in part
requires that a State’s SIP meet the
applicable requirements of section
110(a)(2)(C) as relating to PSD programs.
As detailed in the subsection titled
26 See 64 FR 72934, published December 29,
1999.
27 There are eight forecast areas: Baton Rouge,
Alexandria, Lake Charles, Lafayette, Monroe, New
Orleans, Shreveport, and Thibodaux. Please see
https://www.deq.louisiana.gov.
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‘‘Program for enforcement of control
measures and regulation of the
modification and construction of any
stationary source * * * pursuant to
section 110(a)(2)(C) of this rulemaking
and in the TSD, the State’s PSD program
is in the SIP (52 FR 13671, 54 FR 25449,
56 FR 20137, and 61 FR 53639). In
addition to the approved program and to
meet the requirements of 110(a)(2)(C) for
the 1997 ozone standard, EPA believes
the State must have updated its PSD
rules to treat NOX as a precursor for
ozone. Thus, we are proposing to
approve portions of two SIP revisions
(submitted December 20, 2005 and
November 9, 2007) to implement NOX
as a precursor to ozone. These revisions
are proposed for the definitions at 33
LAC 5–509, as described earlier. To
implement section 110(a)(2)(C) for the
1997 PM2.5 standard, EPA believes that
States should appropriately implement
the interim policy for preconstruction
review, as described above. During the
transition to SIP-approved PSD
requirements for PM2.5, the State would
include an adequate rationale or
demonstration to support the use of
PM10 as a surrogate based on the facts
and circumstances of the specific permit
action, should they rely on the EPA’s
PM10 Surrogate Policy.28 The State’s
minor source permitting requirements
were approved at 54 FR 9783. The
portions of the State’s PSD program
related to permitting GHGs at or above
the Tailoring Rule thresholds are
approvable in light of the PSD SIP
Narrowing Rule. EPA is proposing to
find that the Louisiana SIP meets the
PSD requirement of section 110(a)(2)(C).
A more detailed discussion is provided
in subsection 110(a)(2)(C) above and in
the TSD. EPA is proposing to find that
the Louisiana SIP meets this portion of
section 110(a)(2)(J) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
EPA approved Louisiana’s Visibility
Protection Plan into the Louisiana SIP
on June 10, 1986 (51 FR 20967). EPA
approved revisions to Louisiana’s
Visibility Protection Plan and approved
a Long-Term Strategy for Visibility
Protection into the Louisiana SIP on
December 19, 1988 (53 FR 50958). The
State’s most recent SIP revision of their
Regional Haze program was submitted
to EPA on June 13, 2008, and we will
take action on it in a separate
rulemaking. With regard to the
applicable requirements for visibility
protection, EPA recognizes that States
are subject to visibility and regional
haze program requirements under Part C
28 See 75 FR 6827, 6831–32 (discussion of case
law relevant to the use of PM10 as a surrogate for
PM2.5).
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of the Act (which includes sections
169A and 169B). In the event of the
establishment of a new NAAQS,
however, the visibility and regional
haze program requirements under part C
do not change. Thus, we find that there
is no new visibility obligation
‘‘triggered’’ under section 110(a)(2)(J)
when a new NAAQS becomes effective.
This would be the case even in the
event a secondary PM2.5 NAAQS for
visibility is established, because this
NAAQS would not affect visibility
requirements under part C. EPA is
therefore proposing to find that the
Louisiana SIP meets this portion of
section 110(a)(2)(J) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Air quality modeling and submission
of data, pursuant to section 110(a)(2)(K):
The Secretary of the LDEQ has the
power and duty, under RS 30:2011.D.26
to provide for the functions of
environmental air quality assessment.
As an example, Louisiana submitted
modeling and control measures in a SIP
revision to demonstrate attainment of
the 1997 8-hour ozone standard.29 The
modeling and control measures in the
SIP revision were approved by EPA and
adopted into the SIP.
This section of the Act also requires
that a SIP provide for the submission of
data related to such air quality modeling
to the EPA upon request. RS
30:2011.D.7 authorizes LDEQ to
cooperate with the Federal government,
allowing it to make this submission to
the EPA.
EPA is proposing to find that the
Louisiana SIP meets the requirements of
section 110(a)(2)(K) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Permitting fees, pursuant to section
110(a)(2)(L): LEQA as codified in RS
30:2014 provides legal authority for
establishing a fee schedule to recover
the reasonable costs of acting on permit
applications, implementing, and
enforcing permits. Louisiana’s Permit
Fee System was approved by EPA on
July 7, 1982 (47 FR 29535) and revisions
were approved by EPA into the
Louisiana SIP on May 3, 1984 (49 FR
18825) and March 8, 1989 (54 FR 9783).
The annual maintenance fee, new
application fee, major modified permit
fee, and minor modified permit fee were
approved by EPA at 54 FR 9783 and on
March 25, 1994 (59 FR 14112). The Title
V program and associated fees legally
are not part of the SIP, but were
approved by EPA on September 12,
1995 (60 FR 47296) as part of the
29 See the Attainment Demonstration for the
Shreveport-Bossier City Early Action Compact Area,
approved by EPA and adopted into the SIP on
August 22, 2005 (70 FR 48880).
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Louisiana Title V Program. EPA is
reviewing the Louisiana Title V
program, including the Title V fee
structure, separate from this action.
Because the Title V program and
associated fees legally are not part of the
SIP, the infrastructure SIP action we are
proposing today does not preclude EPA
from taking future action regarding
Louisiana’s Title V program.
EPA is proposing to find that the
Louisiana SIP meets the requirements of
section 110(a)(2)(L) with respect to the
1997 8-hour ozone and PM2.5 NAAQS.
Consultation/participation by affected
local entities, pursuant to section
110(a)(2)(M): As indicated above, the
Louisiana statute under RS 30:2011.D.1
provides that the secretary of the LDEQ
‘‘shall hold a public hearing to receive
comments [* * *] from all interested
parties and the public’’ prior to the
adoption of any rule or regulation. In
addition, RS 30:2011.D.7 provides that
the secretary shall have the power and
duty ‘‘to advise, consult, and cooperate
with other agencies of the State, the
Federal government, other States, and
interstate agencies and with affected
groups, political subdivisions,
interested agricultural, industrial,
professional, and environmental groups
and individuals in furtherance of the
purposes of this Subtitle.’’ EPA is
proposing to find that the Louisiana SIP
meets the requirements of section
110(a)(2)(M) with respect to the 1997
8-hour ozone and PM2.5 NAAQS.
IV. Proposed Action
We are proposing to approve the
submittals provided by the State of
Louisiana to demonstrate that the
Louisiana SIP meets the requirements of
Section 110(a)(1) and (2) of the Act for
the 1997 ozone and PM2.5 NAAQS. We
are proposing to find that the current
Louisiana SIP meets the infrastructure
elements listed below:
Emission limits and other control measures
(110(a)(2)(A) of the Act);
Ambient air quality monitoring/data system
(110(a)(2)(B) of the Act);
Program for enforcement of control measures
(110(a)(2)(C) of the Act);
Interstate Transport (110(a)(2)(D)(ii) of the
Act);
Adequate resources (110(a)(2)(E) of the Act);
Stationary source monitoring system
(110(a)(2)(F) of the Act);
Emergency power (110(a)(2)(G) of the Act);
Future SIP revisions (110(a)(2)(H) of the Act);
Consultation with government officials
(110(a)(2)(J) of the Act);
Public notification (110(a)(2)(J) of the Act);
Prevention of significant deterioration and
visibility protection (110(a)(2)(J) of the
Act),
Air quality modeling data (110(a)(2)(K) of the
Act);
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Permitting fees (110(a)(2)(L) of the Act); and
Consultation/participation by affected local
entities (110(a)(2)(M) of the Act).
EPA is also proposing to approve the
following revisions to 33 LAC 5–509,
submitted by LDEQ on December 20,
2005 and November 9, 2007:
1. The 2005 non-substantive
recodification of the definition for Major
Modification subsection 2 to subsection
b, and the 2007 substantive change
adding NOX to the definition of Major
Modification.
2. The 2005 non-substantive
recodification of the definition for Major
Stationary Source at subsection 4 to
subsection d, and the 2007 substantive
change adding NOX to the definition of
Major Stationary Source.
3. The 2005 non-substantive
recodification of the first paragraph of
the definition for Significant at
subsection 1 to subsection a, and the
2007 substantive change adding NOX as
a precursor to the table’s criteria and
other pollutants listing for ozone.
4. The 2005 non-substantive
recodification of the first paragraph of
subsection I.8 to subsection I.5, and the
2007 substantive change allowing for an
exemption with respect to ozone
monitoring for a source with a net
emissions increase less than 100 tpy of
NOX.
EPA is proposing these actions in
accordance with section 110 and part C
of the Act and EPA’s regulations and
consistent with EPA guidance.
V. 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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Dated: April 7, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011–9286 Filed 4–15–11; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2011–0315, FRL–9296–8]
Approval and Promulgation of
Implementation Plans; Washington:
Extension of Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
AGENCY:
EPA is extending the public
comment period on EPA’s notice of
proposed rulemaking ‘‘Approval and
Promulgation of Implementation Plans;
Washington: Correction’’ published on
March 23, 2011 at 76 FR 16365. A
commenter requested additional time to
review the proposal and prepare
comments. In response to this request,
EPA is extending the original 30-day
comment period for an additional 30
days. The extended comment period
will close on May 23, 2011.
DATES: Comments must be received on
or before May 23, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2011–0315, by any of the
following methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: R10Public_Comments@epa.gov.
• Mail: Kristin Hall, EPA Region 10,
Office of Air, Waste and Toxics (AWT–
107), 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle WA, 98101. Attention: Kristin
Hall, Office of Air, Waste and Toxics,
AWT—107. Such deliveries are only
accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2011–
0315. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
SUMMARY:
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21691
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle,
WA 98101.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall at telephone number: (206)
553–6357, e-mail address:
hall.kristin@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION: On March
23, 2011, EPA published a proposed
rulemaking to correct errors in the State
Implementation Plan (SIP) for the State
of Washington regarding the scope of
certain regulations incorporated by
reference into the SIP. 76 FR 16365.
This correction would limit the
applicability of certain regulations to
pollutants for which National Ambient
Air Quality Standards (NAAQS) have
been established and precursors to those
NAAQS pollutants. EPA received a
request that the public comment period
be extended to allow more time to
review the proposal and prepare
comments. In response to this request,
EPA is extending the original 30-day
comment period for an additional 30
days. The extended comment period
will close on May 23, 2011.
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]]>Agencies
[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Proposed Rules]
[Pages 21682-21691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9286]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0635; FRL-9296-7]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Section 110(a)(2) Infrastructure Requirements for the 1997
8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve submittals from the State of
Louisiana pursuant to the Clean Air Act (CAA or Act) that address the
infrastructure elements specified in the CAA section 110(a)(2),
necessary to implement, maintain, and enforce the 1997 8-hour ozone and
1997 fine particulate matter (PM2.5) national ambient air
quality standards (NAAQS or standards). We are proposing to find that
the current Louisiana State Implementation Plan (SIP) meets the
following infrastructure elements for the 1997 8-hour ozone NAAQS and
the 1997 PM2.5 NAAQS: 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA is also proposing to approve
SIP revisions that modify Louisiana's PSD SIP for the 1997 8-hour ozone
NAAQS to include nitrogen oxides (NOX) as an ozone
precursor. This action is being taken under section 110 and part C of
the Act.
DATES: Comments must be received on or before May 18, 2011.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2008-0635, by one of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6comment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2008-0635. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at https://www.regulations.gov, or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a fee of 15 cents
per page for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202.
The State submittal is also available for public inspection during
official business hours by appointment: Louisiana Department of
Environmental Quality (LDEQ), Office of Environmental Quality
Assessment, 602 N. Fifth Street, Baton Rouge, Louisiana 70802.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6521; fax number
214-665-6762; e-mail address paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
A. What are the national ambient air quality standards?
B. What is a SIP?
C. What is the background for this rulemaking?
a. Section 110(a)(1) and (2)
b. Revisions to Louisiana's SIP
c. Greenhouse Gas (GHG) Component of PSD Programs
D. What elements are required under Section 110(a)(2)?
II. What action is EPA proposing?
III. How has Louisiana addressed the elements of section 110(a)(2)?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. What are the national ambient air quality standards?
Section 109 of the Act requires EPA to establish NAAQS for
pollutants that
[[Page 21683]]
``may reasonably be anticipated to endanger public health and
welfare,'' and to develop a primary and secondary standard for each
NAAQS. The primary standard is designed to protect human health with an
adequate margin of safety, and the secondary standard is designed to
protect public welfare and the environment. EPA has set NAAQS for six
common air pollutants, referred to as criteria pollutants: Carbon
monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur
dioxide. These standards present State and local governments with the
minimum air quality levels they must meet to comply with the Act. Also,
these standards provide information to residents of the United States
about the air quality in their communities.
B. What is a SIP?
The SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
State, to ensure that the State meets the NAAQS. The SIP is required by
section 110 and other provisions of the Act. These SIPs can be
extensive, containing State regulations or other enforceable documents
and supporting information such as emissions inventories, monitoring
networks, and modeling demonstrations. Each State must submit these
regulations and control strategies to EPA for approval and
incorporation into the Federally enforceable SIP. Each Federally
approved SIP protects air quality primarily by addressing air pollution
at its point of origin.
C. What is the background for this rulemaking?
a. Section 110(a)(1) and (2)
On July 18, 1997, we promulgated new and revised NAAQS for ozone
(62 FR 38856) and PM (62 FR 38652). For ozone we set an 8-hour standard
of 0.08 parts per million (ppm) to replace the 1-hour standard of 0.12
ppm. For PM we set a new annual and a new 24-hour NAAQS for particles
with an aerodynamic diameter less than or equal to a nominal 2.5
micrometers (denoted PM2.5). The annual PM2.5
standard was set at 15 micrograms per cubic meter ([mu]g/m\3\). The 24-
hour PM2.5 standard was set at 65 [mu]g/m\3\. For more
information on these standards please see the 1997 Federal Register
notices (62 FR 38856 and 62 FR 38652).
Under sections 110(a)(1) and (2) of the Act, States are required to
submit SIPs that provide for the implementation, maintenance, and
enforcement (the infrastructure) of a new or revised NAAQS within three
years following the promulgation of the NAAQS, or within such shorter
period as EPA may prescribe. Section 110(a)(2) lists the specific
infrastructure elements that must be incorporated into the SIPs,
including for example, requirements for air pollution control measures,
and monitoring that are designed to assure attainment and maintenance
of the NAAQS. A table listing all 14 infrastructure elements is
included in Section D of this proposed rulemaking.\1\ Thus States were
required to submit such SIPs for the 1997 8-hour ozone and
PM2.5 NAAQS to EPA no later than June 2000.\2\ However,
intervening litigation over the 1997 8-hour ozone and PM2.5
NAAQS created uncertainty about how to proceed and many States did not
provide the required ``infrastructure'' SIP submission for these newly
promulgated NAAQS.
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\1\ Two elements identified in section 110(a)(2) are not
governed by the 3-year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within 3 years after promulgation of a new or
revised NAAQS, but rather are due at the time the nonattainment area
plan requirements are due pursuant to section 172. These
requirements are: (i) Submissions required by section 110(a)(2)(C)
to the extent that subsection refers to a permit program as required
in part D Title I of the CAA and (ii) submissions required by
section 110(a)(2)(I) which pertain to the nonattainment planning
requirements of part D Title I of the CAA. Therefore, this action
does not cover these specific SIP elements. This action also does
not pertain to section 110(a)(2)(D)(i). EPA previously approved the
State's 110(a)(2)(D)(i) submission (72 FR 55064, September 28,
2007).
\2\ EPA issued a revised 8-hour ozone standard on March 27, 2008
(73 FR 16436). On September 16, 2009, the EPA Administrator
announced that EPA would take rulemaking action to reconsider the
2008 primary and secondary ozone NAAQS. On January 19, 2010, EPA
proposed to set different primary and secondary ozone standards than
those set in 2008 to provide requisite protection of public health
and welfare, respectively (75 FR 2938). The final reconsidered ozone
NAAQS have yet to be promulgated. This rulemaking does not address
the 2008 ozone standard.
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On March 4, 2004, Earthjustice submitted a notice of intent to sue
related to EPA's failure to issue findings of failure to submit related
to the infrastructure requirements for the 1997 8-hour ozone and
PM2.5 NAAQS. EPA entered into a consent decree with
Earthjustice which required EPA, among other things, to complete a
Federal Register notice announcing EPA's determinations pursuant to
section 110(k)(1)(B) of the Act as to whether each State had made
complete submissions to meet the requirements of section 110(a)(2) for
the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPA
received an extension of the date to complete this Federal Register
notice until March 17, 2008, based upon agreement to make the findings
with respect to submissions made by January 7, 2008. In accordance with
the consent decree, EPA made completeness findings for each State based
upon what the Agency received from each State as of January 7, 2008.
With regard to the 1997 PM2.5 NAAQS, EPA entered into a
consent decree with Earthjustice which required EPA, among other
things, to complete a Federal Register notice announcing EPA's
determinations pursuant to section 110(k)(1)(B) of the Act as to
whether each State had made complete submissions to meet the
requirements of section 110(a)(2) for the 1997 PM2.5 NAAQS
by October 5, 2008.
On March 27, 2008, and October 22, 2008, we published findings
concerning whether States had made the 110(a)(2) submissions for the
1997 ozone (73 FR 16205) and PM2.5 standards (73 FR 62902).
In the March 27, 2008 action, we found that Louisiana had made a
complete submission that provides for the basic program elements
specified in section 110(a)(2) of the Act necessary to implement the
1997 8-hour ozone NAAQS. In the October 22, 2008 action, we found that
Louisiana had made a complete submission that provides for the basic
program elements specified in section 110(a)(2) of the Act necessary to
implement the 1997 PM2.5 NAAQS.
On October 2, 2007, we issued ``Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 National Ambient Air Quality Standards,'' Memorandum
from William T. Harnett, Director, Air Quality Policy Division, Office
of Air Quality Planning and Standards.\3\ The guidance provides that to
the extent that existing SIPs for ozone and PM already meet the
requirements, States need only certify that fact to us.
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\3\ This and any other guidance documents referenced in this
action are in the docket for this rulemaking.
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On December 11, 2007, January 7, 2008, and March 24, 2011, the
Louisiana Department of Environmental Quality (LDEQ) submitted letters
certifying that Louisiana has addressed any potential infrastructure
issues associated with ozone and PM2.5 and fulfilled its
infrastructure SIP obligations. The letters provided information on how
the current Louisiana SIP provisions meet the 110(a)(2) requirements.
These letters are in the docket for this rulemaking.
b. Revisions to Louisiana's SIP
On December 20, 2005, the LDEQ submitted revisions to their New
Source Review (NSR) program to meet the requirements of the ``NSR
Reform'' published on December 31, 2002 (67 FR 80186). On November 9,
2007, the State
[[Page 21684]]
submitted their 2006 revisions (General Update) to the SIP. Among other
revisions, the 2007 submission included revisions that provided for
NOx to be treated as a precursor to ozone formation in the
State's PSD program. We are proposing action on a limited number of
revisions to the PSD program that implement the provisions for
NOx as a precursor because EPA believes that this is a
necessary provision for implementation of the 1997 ozone standard.
c. Greenhouse Gas (GHG) Component of PSD Programs
EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for today's proposed action on
the Louisiana SIP. Four of these actions include, as they are commonly
called, the ``Endangerment Finding'' and ``Cause or Contribute
Finding,'' which EPA issued in a single final action,\4\ the ``Johnson
Memo Reconsideration,'' \5\ the ``Light-Duty Vehicle Rule,'' \6\ and
the ``Tailoring Rule.'' \7\ Taken together and in conjunction with the
CAA, these actions established regulatory requirements for GHGs emitted
from new motor vehicles and new motor vehicle engines; determined that
such regulations, when they took effect on January 2, 2011, subjected
GHGs emitted from stationary sources to PSD requirements; and limited
the applicability of PSD requirements to GHG sources on a phased-in
basis. EPA took this last action in the Tailoring Rule, which, more
specifically, established appropriate GHG emission thresholds for
determining the applicability of PSD requirements to GHG-emitting
sources. In December 2010, EPA followed up on these actions by issuing
the PSD SIP Narrowing Rule, in which EPA withdrew its previous approval
of SIP PSD programs in 24 States, including Louisiana, that apply to
GHG-emitting sources below the thresholds in the final Tailoring Rule.
75 FR 82536. The Tailoring Rule and PSD SIP Narrowing Rule both discuss
the States' ability to provide assurances that they will have adequate
resources to meet the new GHG PSD permitting requirements at statutory
levels of emissions, and the PSD SIP Narrowing Rule affected EPA's
prior approval of portions of a State's SIP which do not incorporate
thresholds established under the Tailoring Rule. The LDEQ submitted a
supplemental certification letter to EPA dated March 24, 2011,
certifying that the portions of the PSD program related to greenhouse
gas permitting which remained approved after the promulgation of EPA's
PSD SIP Narrowing Rule satisfy sections 110(a)(2)(C) and (J) of the
Act. As we discuss further in this notice and in the TSD, Louisiana
currently has adequate resources to carry out the GHG component of the
currently approved PSD SIP program, which requires PSD permitting for
sources emitting GHGs at or above the 75,000/100,000 tons per year
(tpy) threshold specified by the Tailoring Rule.
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\4\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
\5\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
\6\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
\7\ Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
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D. What elements are required under Section 110(a)(2)?
The October 2, 2007, EPA guidance for addressing the SIP
infrastructure elements required under sections 110(a)(1) and (2) for
the 1997 ozone and PM2.5 NAAQS, provides a list of 14
essential components that States must include in their SIPs. These are
listed in Table 1 below.
Table 1--Section 110(a)(2) Elements Required in SIPs
------------------------------------------------------------------------
Clean Air Act citation Brief description
------------------------------------------------------------------------
Section 110(a)(2)(A)................... Emission limits and other
control measures.
Section 110(a)(2)(B)................... Ambient air quality monitoring/
data system.
Section 110(a)(2)(C)................... Program for enforcement of
control measures.
Section 110(a)(2)(D)(ii)............... International and interstate
pollution abatement.
Section 110(a)(2)(E)................... Adequate resources.
Section 110(a)(2)(F)................... Stationary source monitoring
system.
Section 110(a)(2)(G)................... Emergency power.
Section 110(a)(2)(H)................... Future SIP revisions.
Section 110(a)(2)(J) \8\............... Consultation with government
officials.
Section 110(a)(2)(J)................... Public notification.
Section 110(a)(2)(J)................... Prevention of significant
deterioration (PSD) and
visibility protection.
Section 110(a)(2)(K)................... Air quality modeling/data.
Section 110(a)(2)(L)................... Permitting fees.
Section 110(a)(2)(M)................... Consultation/participation by
affected local entities.
------------------------------------------------------------------------
II. What action is EPA proposing?
The EPA is proposing to approve the Louisiana SIP submittals that
identify where and how the 14 basic infrastructure elements are in the
EPA-approved SIP as specified in section 110(a)(2) of the Act. The
Louisiana submittals do not include revisions to the SIP, but document
how the current Louisiana SIP already includes the required
infrastructure elements. In today's action, we are proposing to find
that the following section 110(a)(2) elements are contained in the
current Louisiana SIP and provide the infrastructure for implementing
the 1997 ozone and PM standards: emission limits and other control
measures (section 110(a)(2)(A)); ambient air quality monitoring/data
system (section 110(a)(2)(B)); program for enforcement of control
measures (section 110(a)(2)(C)); international and interstate pollution
abatement (section 110(a)(2)(D)(ii)); adequate resources (section
110(a)(2)(E)); stationary source monitoring system (section
110(a)(2)(F));
[[Page 21685]]
emergency power (section 110(a)(2)(G)); future SIP revisions (section
110(a)(2)(H)); consultation with government officials (section
110(a)(2)(J)); public notification (section 110(a)(2)(J)); PSD and
visibility protection (section 110(a)(2)(J)); air quality modeling/data
(section 110(a)(2)(K)); permitting fees (section 110(a)(2)(L)); and
consultation/participation by affected local entities (section
110(a)(2)(M)).
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\8\ Section 110(a)(2)(I) pertains to the nonattainment planning
requirements of part D, Title I of the Act. This section is not
governed by the 3-year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within 3 years after promulgation of a new or
revised NAAQS, but are due at the time the nonattainment area plan
requirements are due pursuant to section 172. Thus this action does
not cover section 110(a)(2)(I).
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In conjunction with our proposed finding that the Louisiana SIP
meets the section 110(a)(1) and (2) infrastructure SIP elements listed
above, we are also proposing to fully approve four severable portions
of two SIP revisions submitted by the LDEQ to EPA on December 20, 2005
and November 9, 2007. These portions contain rule revisions by LDEQ to
(1) regulate NOx emissions in its PSD permit program as a
precursor to ozone; (2) add NOx to the PSD definitions for
Major Modification and Major Stationary Source; (3) under the PSD
definition for Significant, add the emission rate for NOx,
as a precursor to ozone, as 40 tpy; and (4) under the PSD requirements,
allow for an exemption with respect to ambient air quality monitoring
data for a source with a net emissions increase less than 100 tpy of
NOx. The actions proposed herein are described in greater
detail below and in the TSD. At this time, EPA is not taking action on
other portions of the December 20, 2005 and November 9, 2007 SIP
revisions submitted by LDEQ; EPA intends to act on the other revisions
at a later time.
III. How has Louisiana addressed the elements of Section 110(a)(2)?
The Louisiana submittals address the elements of Section 110(a)(2)
as described below. We provide a more detailed review and analysis of
the Louisiana infrastructure SIP elements in the Technical Support
Document (TSD), located in the docket for this rulemaking.
Enforceable emission limits and other control measures, pursuant to
section 110(a)(2)(A): Section 110(a)(2)(A) requires that all measures
and other elements in the SIP be enforceable. This provision does not
require the submittal of regulations or emission limits developed
specifically for attaining the 1997 8-hour ozone and PM2.5
standards. Those regulations are due later as part of attainment
demonstrations.
The Louisiana Environmental Quality Act (LEQA) names the LDEQ as
the State's air pollution control agency and provides enforcement
authority to the LDEQ. The Louisiana legislature in Acts 1983, No. 97
amended and reenacted a multitude of the State's statutes, including
provisions which created and empowered the LDEQ. The SIP rule at Title
33 of the Louisiana Administrative Code (denoted 33 LAC), Chapter 1,
section 101 describes the LDEQ as the State's air pollution control
agency and its enforcement authority, referencing the 1983 LEQA (54 FR
9783, March 8, 1989).\9\
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\9\ Older references to this Federal Register (FR) notice are
written as 54 FR 9795. We now identify a FR notice by the first page
of the rulemaking, thus we refer to this rulemaking as 54 FR 9783.
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The LDEQ has promulgated rules to limit and control emissions of
PM, sulfur dioxide (SO2), NOx and volatile organic compounds
(VOCs).\10\ These rules include emission limits, control measures,
programs for banking and trading of emissions, permits, fees, and
compliance schedules and are found in Titles 33 and 55 of the LAC: \11\
33 LAC chapters 1, 5-7, 9, 11, 13-15, and 21-23; and 55 LAC Chapter 8.
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\10\ NOX and VOCs are precursors to ozone. PM can be
emitted directly and secondarily formed; the latter is the result of
NOX and SO2 precursors combining with ammonia
to form ammonium nitrate and ammonium sulfate.
\11\ Title 33 addresses Environmental Quality and Title 55
addresses Motor Vehicles. Within 33 LAC, the State's rules are
codified in Part III (Air).
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In this proposed action, EPA has not reviewed and is not proposing
to take any action to approve or disapprove any existing Louisiana SIP
provisions with regard to excess emissions during startup, shutdown, or
malfunction (SSM) of operations at a facility. EPA believes that a
number of States have SSM SIP provisions which are contrary to the Act
and inconsistent with existing EPA guidance \12\ and the Agency plans
to conduct a SIP call in the future to address such SIP regulations. In
the meantime, EPA encourages any State having an SSM SIP provision
which is contrary to the Act and inconsistent with EPA guidance to take
steps to correct the deficiency as soon as possible before a SIP call
is implemented. Similarly, this proposed action does not include a
review of and also does not propose to take any action to approve or
disapprove any existing SIP rules with regard to director's discretion
or variance provisions. EPA believes that a number of SIPs have such
provisions which are contrary to the Act and not consistent with
existing EPA guidance (52 FR 45044, November 24, 1987) \13\ and the
Agency plans to take action in the future to address such SIP
regulations. In the meantime, EPA encourages any State having a
director's discretion or variance provision in its SIP which is
contrary to the Act and inconsistent with EPA guidance to take steps to
correct the deficiency as soon as possible.
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\12\ ``State Implementation Plans (SIPs): Policy Regarding
Excess Emissions During Malfunctions, Startup, and Shutdown,''
Memorandum from Steven A. Herman, Assistant Administrator for
Enforcement and Compliance Assurance, and Robert Perciasepe,
Assistant Administrator for Air and Radiation, dated September 20,
1999.
\13\ The section addressing exemptions and variances is found on
p. 45109 of the 1987 rulemaking.
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A detailed list of the applicable 33 LAC and 55 LAC chapters,
discussed above, are provided in the TSD. Louisiana's SIP clearly
contains enforceable emission limits and other control measures, which
are in the Federally enforceable SIP. EPA is proposing to find that the
Louisiana SIP meets the requirements of section 110(a)(2)(A) of the Act
with respect to the 1997 8-hour ozone and PM2.5 NAAQS.
Ambient air quality monitoring/data analysis system, pursuant to
section 110(a)(2)(B): Section 110(a)(2)(B) requires SIPs to include
provisions for establishment and operation of ambient air quality
monitors, collecting and analyzing ambient air quality data, and making
these data available to EPA upon request. The LDEQ operates and
maintains a statewide network of air quality monitors; data are
collected, results are quality assured, and the data are submitted to
EPA's Air Quality System \14\ on a regular basis. Louisiana's Statewide
Air Quality Surveillance Network was approved by EPA on August 6, 1981
(46 FR 40005), and consists of stations that measure ambient
concentrations of the six criteria pollutants, including ozone and
PM2.5.\15\ EPA also approved Chapter 7 into the SIP that
requires air quality monitoring be conducted consistent with EPA
guidelines (54 FR 9783, March 8, 1989). EPA also approved Louisiana's
enhanced ambient air quality monitoring network of Photochemical
Assessment Monitoring Stations (PAMS) on June 19, 1996 (61 FR
31035).\16\ The LDEQ Web site provides the ozone and PM2.5
monitor locations, and current and historical data including 8-hour
ozone design
[[Page 21686]]
values for current \17\ and past trienniums. On July 1, 2010, LDEQ
submitted its 2010 Annual Air Monitoring Network Plan (AAMNP) that
included the plans for the 1997 ozone and PM2.5 NAAQS; EPA
approved the AAMNP on January 12, 2011.\18\
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\14\ The Air Quality System (AQS) is EPA's repository of ambient
air quality data. AQS stores data from over 10,000 monitors, 5000 of
which are currently active. State, Local and Tribal agencies collect
the data and submit it to AQS on a periodic basis.
\15\ The air quality surveillance network undergoes annual
review and approval by EPA. A copy of the current approval, dated
January 12, 2011, is available in the docket for this rulemaking.
\16\ The PAMS network undergoes annual review and approval by
EPA. A copy of the current approval, dated October 30, 2009, is in
the docket for this rulemaking.
\17\ The current design values for 2010 are preliminary, as the
monitoring seasons have not ended and data has yet to be reviewed
for quality assurance.
\18\ A copy of our approval letter is in the docket for this
rulemaking.
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In summary, Louisiana meets the requirement to establish, operate,
and maintain an ambient air monitoring network, collect and analyze the
monitoring data, and make the data available to EPA upon request. EPA
is proposing to find that the current Louisiana SIP meets the
requirements of section 110(a)(2)(B) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
Program for enforcement of control measures and regulation of the
modification and construction of any stationary source within the areas
covered by the plan as necessary to assure that NAAQS are achieved,
including a permit program, as required by Parts C and D, pursuant to
section 110(a)(2)(C). Regarding a program for enforcement of control
measures, as stated previously, the LEQA provides the LDEQ with
authority to enforce the State's environmental quality rules. The LDEQ
established rules governing emissions of the NAAQS and their precursors
throughout the State and these rules are in the Federally enforceable
SIP. The rules in 33 LAC 1, 5-7, 9, 11, 13-15, and 21-23 include
allowable rates, compliance, control plan requirements, actual and
allowable emissions, monitoring and testing requirements, recordkeeping
and reporting requirements, and control schedules. These rules clarify
the boundaries beyond which regulated entities in Louisiana can expect
enforcement action.
To meet the requirement for having a program for the regulation of
the modification and construction of any stationary source within the
areas covered by the plan as necessary to assure that national ambient
air quality standards are achieved, including a permit program as
required by Parts C and D, generally, the State is required to have
SIP-approved PSD, Nonattainment, and Minor NSR permitting programs
adequate to implement the 1997 8-hour ozone and PM2.5 NAAQS.
We are not evaluating nonattainment-related provisions, such as the
Nonattainment NSR program required by part D in 110(a)(2)(C) and
measures for attainment required by section 110(a)(2)(I), as part of
the infrastructure SIPs for these two NAAQS because these submittals
are required beyond the date (3 years from NAAQS promulgation) that
section 110 infrastructure submittals are required.
PSD programs apply in areas that are meeting the NAAQS or are
unclassifiable, referred to as areas in attainment. PSD applies to new
major sources and major modifications at existing sources. Louisiana's
PSD program was initially approved into the SIP on April 24, 1987 (52
FR 13671). Subsequent revisions to Louisiana's PSD program were
approved into the SIP on June 15, 1989 (54 FR 25449), May 2, 1991 (56
FR 20137), and October 15, 1996 (61 FR 53639).
To meet the requirements of 110(a)(2)(C) for the 1997 ozone
standard, EPA believes the State must have updated its PSD rules to
treat NOX as a precursor for ozone (70 FR 71612). As part of
this action we are proposing to approve a total of four severable
portions from each of two SIP revisions to implement NOX as
precursor. The LDEQ submitted SIP revisions to us on December 20, 2005
and November 9, 2007. EPA proposes to approve the following four
portions of the December 20, 2005 and November 9, 2007 SIP revisions:
(1) The 2005 non-substantive recodification of the definition of Major
Modification at subsection 2 as subsection b, and the 2007 substantive
change adding NOX to the definition of Major Modification;
(2) the 2005 non-substantive recodification of the definition of Major
Stationary Source at subsection 4 as subsection d, and the 2007
substantive change adding NOX to the definition of Major
Stationary Source; (3) the 2005 non-substantive recodification of the
first paragraph of the definition of Significant at subsection 1 to
subsection a (thus taking no action on the substantive changes to the
definition's table), and the 2007 substantive change adding
NOX as a precursor to the table's criteria and other
pollutants listing for ozone; and (4) the 2005 non-substantive
recodification of the first paragraph of subsection I.8 to subsection
I.5 (thus taking no action on the substantive changes to the table),
and the 2007 substantive change allowing for an exemption with respect
to ozone monitoring for a source with a net emissions increase less
than 100 tpy of NOX.
For the 8-hour ozone NAAQS, the November 9, 2007 SIP revisions to
the definitions in the Louisiana rules for Major Modification and Major
Stationary Source meet the Federal definition in 40 CFR 51.166(b)(1) to
identify a major source of NOX as a major source for ozone.
The November 9, 2007 revisions to the Louisiana rules also meet the
Federal definition in 40 CFR 51.166(b)(49) for inclusion of
NOX as an ozone precursor. The November 9, 2007 revisions to
the emission rate for ozone under the definition for Significant in the
Louisiana rules also meet the Federal requirements in 40 CFR
51.166(b)(23)(i). The November 9, 2007 revisions allowing for an
exemption with respect to ozone monitoring for a source with a net
emissions increase less than 100 tpy of NOX also meet the
Federal requirement on monitoring exemptions under the footnote for 40
CFR 166(i)(5)(i)(e). Thus, the November 9, 2007 revisions would make
the LA SIP more stringent and would not interfere with any applicable
CAA requirement concerning attainment of the 1997 8-hour ozone and
PM2.5 NAAQS. EPA is proposing to approve these revisions as
meeting the requirements of section 110 of the Act and 40 CFR 51.166
for establishing NOX emissions as a precursor for ozone.
The PSD revisions we are proposing to approve are limited to those
specified in the preceding paragraphs and are severable from the
portions of the December 20, 2005 and November 9, 2007 SIP submittals
on which we are taking no action. By severable, we mean that the
portions of the SIP revisions we are proposing to approve can be
implemented independently of the portions on which we are not acting,
without affecting the stringency of the submitted rules. In addition,
the portions on which we are taking no action are not necessary for
approval of the infrastructure SIP requirements addressed in this
proposed action. EPA is not proposing to take action on any other
portions of the December 20, 2005 and November 9, 2007 SIP revisions in
this proposed rulemaking; we intend to act on those revisions in a
future rulemaking.
To implement section 110(a)(2)(C) for the 1997 PM2.5
standard, EPA believes that States should appropriately implement the
interim policy for preconstruction (PSD) review as interpreted by legal
rulings. States may follow this approach in the interim until they must
provide revisions to implement the PM2.5 standard due May
16, 2011 under 73 FR 28321.\19\ During the transition to SIP-approved
PSD requirements for PM2.5, LDEQ confirmed to EPA by letter
that, should they rely on the EPA's PM10 Surrogate Policy,
the State would include an
[[Page 21687]]
adequate rationale or demonstration to support the use of
PM10 as a surrogate based on the facts and circumstances of
the specific permit action, consistent with relevant case law on the
use of surrogate pollutant analyses.\20\ See 75 FR 6827, 6831-32
(February 11, 2010) (discussion of case law relevant to the use of
PM10 as a surrogate for PM2.5). On February 18,
2011, the LDEQ proposed revisions to the Louisiana SIP to amend their
PSD and nonattainment NSR programs for PM2.5. The State is
planning to submit these changes as a SIP revision by May 16, 2011. EPA
will act on this submission in a separate rulemaking.
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\19\ The Federal Register notice (73 FR 28321) was published May
16, 2008.
\20\ December 16, 2010, letter from Cheryl Sonnier Nolan,
Assistant Secretary, Environmental Services Division, Louisiana
Department of Environmental Quality to Thomas Diggs, Associate
Director for Air Programs, EPA Region 6. This letter is in the
docket for this rulemaking.
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Louisiana has the authority to issue permits under the SIP-approved
PSD program to sources of GHG emissions (75 FR 82536, December 30,
2010; 75 FR 77698, December 13, 2010).\21\ The Tailoring Rule
established thresholds that phase in the applicability of PSD
requirements to GHG sources, starting with the largest GHG emitters,
and were designed to relieve the overwhelming administrative burdens
and costs associated with the dramatic increase in permitting burden
that would have resulted from applying PSD requirements to GHG emission
increases at or above only the mass-based statutory thresholds of 100/
250 tpy generally applicable to all PSD-regulated pollutants starting
on January 2, 2011. However, EPA recognized that even after it
finalized the Tailoring Rule, many SIPs with approved PSD programs
would, until they were revised, continue to apply PSD at the statutory
thresholds, even though the States would not have sufficient resources
to implement the PSD program at those levels. EPA consequently
implemented its ``PSD SIP Narrowing Rule'' and narrowed its approval of
those provisions of previously approved SIPs that apply PSD to GHG
emissions increases from sources emitting GHGs below the Tailoring Rule
thresholds (75 FR 82536, December 30, 2010). Through the PSD SIP
Narrowing Rule, EPA withdrew its previous approvals of those programs
to the extent the SIPs apply PSD to increases in GHG emissions from
GHG-emitting sources below the Tailoring Rule thresholds. The portions
of the PSD programs regulating GHGs from GHG-emitting sources with
emission increases at or above the Tailoring Rule thresholds remained
approved. The effect of EPA narrowing its approval in this manner is
that the provisions of previously approved SIPs that apply PSD to GHG
emissions increases from sources emitting GHGs below the Tailoring Rule
thresholds have the status of having been submitted by the State but
not yet acted upon by EPA (75 FR 82536, December 30, 2010).
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\21\ To view Louisiana's letter, in which the State told EPA it
had this authority, please see https://www.epa.gov/nsr/2010letters/la.pdf.
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Louisiana submitted to EPA a supplemental certification, dated
March 24, 2011, certifying that the portion of the GHG PSD program in
the State's submittal under infrastructure SIP review is only the
portion that remained approved after EPA's promulgation of the PSD SIP
Narrowing Rule, which is the portion that regulates GHG-emitting
sources with GHG emissions at or above the Tailoring Rule thresholds.
Therefore, we are proposing to find that the current Louisiana PSD SIP
meets section 110(a)(2)(C) with respect to the 1997 8-hour ozone and
PM2.5 NAAQS.
Section 110(a)(2)(C) creates ``a general duty on States to include
a program in their SIP that regulates the modification and construction
of any stationary source as necessary to assure that the NAAQS are
achieved'' (70 FR 71612, 71677). EPA provides States with a ``broad
degree of discretion'' in implementing their minor NSR programs (71 FR
48696, 48700). The ``considerably less detailed'' regulations for minor
NSR are provided in 40 CFR 51.160 through 51.164. EPA has determined
that Louisiana's minor NSR program adopted pursuant to section
110(a)(2)(C) of the Act regulates emissions of ozone and its precursors
and PM. Louisiana's minor source permitting requirements are contained
at 33 LAC 5-505 and were approved at 54 FR 9783.
In this action, EPA is proposing to approve Louisiana's
infrastructure SIP for the 1997 ozone and PM2.5 NAAQS with
respect to the general requirement of section 110(a)(2)(C) to include a
program in the SIP that regulates the modification and construction of
any stationary source as necessary to assure that the NAAQS are
achieved. EPA is not proposing to approve or disapprove the State's
existing minor NSR program itself to the extent that it is inconsistent
with EPA's regulations governing this program. EPA believes that a
number of States may have minor NSR provisions that are contrary to the
existing EPA regulations for this program. EPA intends to work with
States to reconcile State minor NSR programs with EPA's regulatory
provisions for the program. The statutory requirements of section
110(a)(2)(C) provide for considerable flexibility in designing minor
NSR programs, and EPA believes it may be time to revisit the regulatory
requirements for this program to give the States an appropriate level
of flexibility to design a program that meets their particular air
quality concerns, while assuring reasonable consistency across the
country in protecting the NAAQS with respect to new and modified minor
sources.
EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(C) for both the 1997 ozone and
PM2.5 standards.
Interstate and international transport, pursuant to section
110(a)(2)(D)(ii): EPA approved into the Louisiana SIP the Clean Air
Interstate Rule (CAIR) NOXTrading Programs on September 28,
2007 (72 FR 55064). The SIP revision at 72 FR 55064 contains provisions
that address significant contribution, interference with maintenance,
PSD, and protection of visibility. The provisions that address
significant contribution and interference with maintenance will be re-
evaluated after the EPA's Transport Rule is finalized. The protection
of visibility requirement will be further evaluated when EPA completes
its review of the regional haze SIP revision submitted on June 13,
2008. For additional detail, please refer to the TSD. Because
110(a)(2)(D)(i) was addressed in other actions, EPA is not proposing
action on this element here.
Section 110(a)(2)(D)(ii) of the Act requires compliance with
sections 115 and 126 of the Act, relating to interstate and
international pollution abatement. Section 115(a) addresses
endangerment of public health or welfare in foreign countries from
pollution emitted in the United States. Pursuant to section 115, the
Administrator has neither received nor issued a formal notification
that emissions from Louisiana are endangering public health or welfare
in a foreign country. Section 126(a) of the Act requires new or
modified sources to notify neighboring States of potential impacts from
such sources. 33 LAC 503 requires that each major proposed new or
modified source provide such notification and is in the Federally
enforceable SIP (see 54 FR 9783). The State also has no pending
obligations under section 126 of the Act.
EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(D)(ii) with respect to the 1997 8-
hour ozone and PM2.5 NAAQS.
Adequate personnel, funding, and authority, pursuant to section
110(a)(2)(E): The duties, powers and structure of the LDEQ (described
at RS
[[Page 21688]]
30:2011.F) provide that ``the basic personnel [* * *] shall be employed
or provided by the department;'' and the LDEQ may contract, employ, and
compensate such assistance on a full or part-time basis as may be
necessary to carry out the provisions of this Subtitle. In addition,
the State has the Environmental Trust Fund, established at RS 30:2015,
which is used, in part, to ``defray the cost to the State of
permitting, monitoring, * * * maintaining and administering the
programs provided for under the LEQA.''
There are Federal sources of funding for the implementation of the
1997 8-hour ozone and PM2.5 NAAQS, through, for example, the
CAA sections 103 and 105 grant funds. The LDEQ receives Federal funds
on an annual basis, under sections 103 and 105 of the Act, to support
its air quality programs. Fees collected for motor vehicle inspections,
the Title V and non-Title V permit programs, and other inspections,
maintenance and renewals required of other air pollution sources \22\
also provide necessary funds to help implement the State's air
programs. Information on permitting fees is provided in the discussion
for 110(a)(2)(L) below. The secretary has the power and duty ``to
receive and budget duly appropriated monies and to accept, receive, and
administer grants or other funds or gifts from public and private
agencies, including the Federal government, to carry out the provisions
and purposes of this Subtitle.'' See RS 30:2011.D.10. For more detail
on funding sources, please see the TSD.
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\22\ For example, annual fees are collected for inspections of
Stage II Vapor Recovery systems at gasoline dispensing stations.
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The LEQA furthermore provides the secretary of the LDEQ adequate
authority with the powers and duties, in part, ``to adopt, amend, or
repeal all rules, regulations, and standards for the protection of the
environment.'' See RS 30:2011.D.1. The SIP rule at 33 LAC, Chapter 1,
section 101 describes the LDEQ as the State's air pollution control
agency and its enforcement authority, referencing the 1983 LEQA (54 FR
9783). Therefore, the State has demonstrated it has adequate authority
under its rules and regulations to carry out its SIP obligations with
respect to the 1997 8-hour ozone and PM2.5 NAAQS.
As discussed previously in this rulemaking with regards to section
110(a)(2)(C), Louisiana submitted to EPA a supplemental certification,
dated March 24, 2011, certifying that the portion of the GHG PSD
program in the State's submittal under infrastructure SIP review is the
portion that remained approved after EPA's promulgation of the PSD SIP
Narrowing Rule. LDEQ has the resources to implement its GHG PSD program
for sources with emissions increases at or above the thresholds
indicated by the PSD SIP Narrowing Rule.
EPA is proposing to find that the current Louisiana PSD SIP meets
section 110(a)(2)(E) with respect to the 1997 8-hour ozone and
PM2.5 NAAQS.
Stationary source monitoring system, pursuant to section
110(a)(2)(F): 33 LAC, chapters 7, 9, 13, 15, and 21-23 require source
monitoring for compliance, recordkeeping and reporting, and provide for
enforcement, with respect to all the NAAQS and their precursors. These
source monitoring program requirements generate data for, among other
pollutants, ozone, PM2.5, and precursors to these pollutants
(VOCs, NOX, and SO2).
Under the Louisiana SIP rules, the LDEQ is required to analyze the
emissions data from point, area, mobile, and biogenic (natural)
sources. The LDEQ uses this data to track progress towards maintaining
the NAAQS, develop control and maintenance strategies, identify sources
and general emission levels, and determine compliance with Louisiana
and EPA requirements. The State's emissions data are available on the
LDEQ Web site (https://www.deq.louisiana.gov.) These rules have been
approved by EPA into the SIP. A list of the chapters and Federal
Register citations are provided in the TSD.
There are two additional requirements that Louisiana must meet
regarding emissions inventories (EIs): the EI requirement for
nonattainment areas, and the requirement to submit annual EI data to
EPA's National Emissions Inventory (NEI) database. For the Baton Rouge
ozone nonattainment area, the LDEQ submitted an EI SIP with a 2002 base
year which included NOx and VOC data. EPA approved this EI SIP on
September 3, 2009 (74 FR 45561). The NEI is EPA's central repository
for air emissions data. EPA published the Air Emissions Reporting Rule
(AERR) on December 5, 2008, which modified the requirements for
collecting and reporting air emissions data (73 FR 76539). The AERR
shortened the time States had to report emissions data from 17 to 12
months, giving States one calendar year to submit emissions data. All
States are required to submit a comprehensive emissions inventory every
three years and report emissions for certain larger sources annually
through EPA's online Emissions Inventory System (EIS). States report
emissions data for the six criteria pollutants and the precursors that
form them--nitrogen oxides, sulfur dioxide, ammonia, lead, carbon
monoxide, particulate matter, and volatile organic compounds. EPA
compiles the emissions data, supplementing it where necessary, and
releases it to the general public through the Web site https://www.epa.gov/ttn/chief/eiinformation.html. The LDEQ is current with
their submittals to the NEI database; the 2008 data was submitted to
EPA in 2010. The State's emissions data are also available on EPA's
AirData Web site (https://www.epa.gov/air/data/.) \23\
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\23\ The AirData Web site provides access to air pollution data
for the entire United States and produces reports and maps of air
pollution data based on criteria specified by the user.
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EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(F) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
Emergency power, pursuant to section 110(a)(2)(G): Section
110(a)(2)(G) requires States to provide for authority to address
activities causing imminent and substantial endangerment to public
health, including contingency plans to implement the emergency episode
provisions in their SIPs. The LEQA, pursuant to RS 2011.D.15, provides
the LDEQ with authority to address environmental emergencies, and the
LDEQ has contingency plans to implement 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 on March 8, 1989 (54 FR 9783).
The episode criteria and contingency measures are found in 33 LAC
Chapter 56. The criteria for ozone are based on a 1-hour average ozone
level. These episode criteria and contingency measures are adequate to
address ozone emergency episodes and are in the Federally approved SIP.
The 2009 Infrastructure SIP Guidance for PM2.5
recommends that a State with at least one monitored 24-hour
PM2.5 value exceeding 140.4 [micro]g/m\3\ since 2006
establish an emergency episode plan and contingency measures to be
implemented should such level be exceeded again. The 2006-2010 ambient
air quality monitoring data \24\ for Louisiana do not exceed 140.4
[micro]g/m\3\. The PM2.5 levels have consistently remained
below this level (140.4 [micro]g/m\3\),
[[Page 21689]]
and furthermore, the State has appropriate general emergency powers to
address PM2.5 related episodes to protect the environment
and public health. Given the State's low monitored PM2.5
levels, EPA is proposing the State is not required to submit an
emergency episode plan and contingency measures at this time, for the
1997 PM2.5 standard. Additional detail is provided in the
TSD.
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\24\ The ozone and PM data are available through AQS and the
State Web site (https://www.deq.louisiana.gov.) The AQS data for PM
are provided in the docket for this rulemaking.
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EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(G) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
Future SIP revisions, pursuant to section 110(a)(2)(H): The LEQA,
codified at RS 30:2011.D.1, provides that the secretary of the LDEQ
shall, in part, ``adopt, amend or repeal all rules, regulations, and
standards for the protection of the environment.'' In addition, the
LEQA at RS 30:2011.D.7 requires the LDEQ to ``cooperate with [* * *]
the Federal government [* * *] in furtherance of the purposes of this
Subtitle.'' Thus, Louisiana has the authority to revise its SIP from
time to time as may be necessary to take into account revisions of
primary or secondary NAAQS, or the availability of improved or more
expeditious methods of attaining such standards. Furthermore, Louisiana
also has the authority under these LEQA provisions to revise its SIP in
the event the EPA pursuant to the Act finds the SIP to be substantially
inadequate to attain the NAAQS.
EPA is proposing to find that the Louisiana SIP meets the
requirements of section 110(a)(2)(H) with respect to the 1997 8-hour
ozone and PM2.5 NAAQS.
Consultation with government officials, pursuant to section
110(a)(2)(J): \25\ The LEQA, as codified at RS 30:2011.D.1, provides
that the secretary of the LDEQ '' shall hold a public hearing to
receive comments [* * *] from all interested parties and the public''
prior to the adoption of any rule or regulation. In addition, RS
30:2011.D.7 provides that the secretary shall have the power and duty
``to advise, consult, and cooperate with other agencies of the State,
the Federal government, other States, and interstate agencies and with
affected groups, political subdivisions, interested agricultural,
industrial, professional, and environmental groups and individuals in
furtherance of the purposes of this Subtitle.'' Further, section 509 of
33 LAC Chapter 5 provides that the State shall provide written notice
of any permit application for a proposed major stationary source or
major modification the emissions from which may affect a Class I area
to the Federal land manager (see 54 FR 9783). Section 1434 of 33 LAC
Chapter 14 requires that interagency consultation be undertaken before
making conformity determinations and before adopting applicable SIP
revisions and public hearings shall be held to receive public comment
on transportation-related SIPs.\26\ These rules are in the Federally
approved SIP. EPA is proposing to find that the Louisiana SIP meets the
requirements of this portion of section 110(a)(2)(J) with respect to
the 1997 8-hour ozone and PM2.5 NAAQS.
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\25\ Section 110(a)(2)(J) is divided into three segments:
Consultation with government officials; public notification; and PSD
and visibility protection.
\26\ See 64 FR 72934, published December 29, 1999.
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Public notification if NAAQS are exceeded, pursuant to section
110(a)(2)(J): Public notification begins with the air quality forecast,
which advises the public of conditions capable of exceeding the NAAQS
(see 54 FR 9783). A 3-day air quality forecast can be found on the LDEQ
Web site for both ozone and PM2.5 for each forecast
area.\27\ In addition, the State implements an Ozone Action Day (OAD)
program and will issue an ozone alert in the afternoon on the day
before an elevated level of ozone is expected to occur. Announcements
for an OAD will be broadcast through television and other news media,
and to employers participating in the OAD program. The OAD program
includes examples of actions that can be implemented by individuals and
organizations to reduce ozone levels and exposure to ozone. Also
through the LDEQ Web site, the public can subscribe to Enviroflash, an
electronic information system that provides a forecast of air quality
information via e-mail, cell phone, or pager. Ozone data are posted on
the LDEQ Web site; current, regional hourly and regional 8-hour ozone
data are posted hourly (see https://www.deq.louisiana.gov). EPA is
proposing to find that the Louisiana SIP meets this portion of section
110(a)(2)(J) with respect to the 1997 8-hour ozone and PM2.5
NAAQS.
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\27\ There are eight forecast areas: Baton Rouge, Alexandria,
Lake Charles, Lafayette, Monroe, New Orleans, Shreveport, and
Thibodaux. Please see https://www.deq.louisiana.gov.
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PSD and visibility protection, pursuant to section 110(a)(2)(J):
This portion of section 110(a)(2)(J) in part requires that a State's
SIP meet the applicable requirements of section 110(a)(2)(C) as
relating to PSD programs. As detailed in the subsection titled
``Program for enforcement of control measures and regulation of the
modification and construction of any stationary source * * * pursuant
to section 110(a)(2)(C) of this rulemaking and in the TSD, the State's
PSD program is in the SIP (52 FR 13671, 54 FR 25449, 56 FR 20137, and
61 FR 53639). In addition to the approved program and to meet the
requirements of 110(a)(2)(C) for the 1997 ozone standard, EPA believes
the State must have updated its PSD rules to treat NOX as a
precursor for ozone. Thus, we are proposing to approve portions of two
SIP revisions (submitted December 20, 2005 and November 9, 2007) to
implement NOX as a precursor to ozone. These revisions are
proposed for the definitions at 33 LAC 5-509, as described earlier. To
implement section 110(a)(2)(C) for the 1997 PM2.5 standard,
EPA believes that States should appropriately implement the interim
policy for preconstruction review, as described above. During the
transition to SIP-approved PSD requirements for PM2.5, the
State would include an adequate rationale or demonstration to support
the use of PM10 as a surrogate based on the facts and
circumstances of the specific permit action, should they rely on the
EPA's PM10 Surrogate Policy.\28\ The State's minor source
permitting requirements were approved at 54 FR 9783. The portions of
the State's PSD program related to permitting GHGs at or above the
Tailoring Rule thresholds are approvable in light of the PSD SIP
Narrowing Rule. EPA is proposing to find that the Louisiana SIP meets
the PSD requirement of section 110(a)(2)(C). A more detailed discussion
is provided in subsection 110(a)(2)(C) above and in the TSD. EPA is
proposing to find that the Louisiana SIP meets this portion of section
110(a)(2)(J) with respect to the 1997 8-hour ozone and PM2.5
NAAQS.
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\28\ See 75 FR 6827, 6831-32 (discussion of case law relevant to
the use of PM10 as a surrogate for PM2.5).
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EPA approved Louisiana's Visibility Protection Plan into the
Louisiana SIP on June 10, 1986 (51 FR 20967). EPA approved revisions to
Louisiana's Visibility Protection Plan and approved a Long-Term
Strategy for Visibility Protection into the Louisiana SIP on December
19, 1988 (53 FR 50958). The State's most recent SIP revision of their
Regional Haze program was submitted to EPA on June 13, 2008, and we
will take action on it in a separate rulemaking. With regard to the
applicable requirements for visibility protection, EPA recognizes that
States are subject to visibility and regional haze program requirements
under Part C
[[Page 21690]]
of the Act (which includes sections 169A and 169B). In the event of the
establis
