Approval and Promulgation of Implementation Plans; Louisiana; Revisions to the New Source Review State Implementation Plan; Air Permit Procedure Revisions, 23232-23239 [2016-08927]
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Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules
service-connected disability, the
Director of the Compensation Service or
his or her delegatee, upon field station
submission, is authorized to approve on
the basis of the criteria set forth in this
paragraph (b), an extra-schedular
evaluation commensurate with the
actual impairment of earning capacity
due exclusively to the referred
disability. The governing norm in these
exceptional cases is a finding by the
Director of the Compensation Service or
delegatee that application of the regular
schedular standards is impractical
because the referred disability is so
exceptional or unusual due to such
related factors as marked interference
with employment or frequent periods of
hospitalization.
*
*
*
*
*
(Authority: 38 U.S.C. 501(a), 1155)
[FR Doc. 2016–08937 Filed 4–19–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0243; A–1–FRL–
9945–11–Region 1]
Air Plan Approval; Vermont; Stage I
Vapor Recovery Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Vermont. This revision includes
regulatory amendments that clarify
Stage I vapor recovery requirements at
gasoline dispensing facilities (GDFs).
The intended effect of this action is to
approve Vermont’s revised Stage I vapor
recovery regulations. This action is
being taken in accordance with the
Clean Air Act.
DATES: Written comments must be
received on or before May 20, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2015–0243 at https://
www.regulations.gov, or via email to
Arnold.Anne@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
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SUMMARY:
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Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, Suite 100 (mail
code: OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1660, fax number (617) 918–0660, email
garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule which is located in the
Rules Section of this Federal Register.
Dated: April 1, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2016–09067 Filed 4–19–16; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0821; FRL–9945–10–
Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana;
Revisions to the New Source Review
State Implementation Plan; Air Permit
Procedure Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
portions of ten revisions to the
Louisiana New Source Review (NSR)
State Implementation Plan (SIP)
submitted by the Louisiana Department
of Environmental Quality (LDEQ). These
revisions to the Louisiana SIP provide
updates to the minor NSR and
nonattainment new source review
(NNSR) permit programs in Louisiana
contained within the Chapter 5 Permit
Procedures and Chapter 6 Regulations
on Control of Emissions through the Use
of Emission Reduction Credits (ERC)
Banking rules as initially submitted on
November 15, 1993, and the subsequent
rule amendments for Air Permit
Procedure revisions submitted through
November 3, 2014. The EPA’s final
action will incorporate these rules into
the federally approved SIP. The rules
generally enhance the SIP and were
evaluated in accordance with CAA
guidelines for the EPA action on SIP
submittals and general rulemaking
authority. This proposed action is
consistent with the requirements of
section 110 of the CAA.
DATES: Written comments must be
received on or before May 20, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2014–0821, at https://
www.regulations.gov or via email to
kordzi.stephanie@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
SUMMARY:
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Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Stephanie Kordzi, 214–665–
7520, kordzi.stephanie@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Stephanie Kordzi, telephone (214) 665–
7520, kordzi.stephanie@epa.gov. To
inspect the hard copy materials, please
schedule an appointment with
Stephanie Kordzi at 214–665–7520 or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
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I. Summary of State SIP Submittals for
Chapter 5 and Chapter 6 Air Permit
Program
A. November 15, 1993, Submittal
B. November 10, 1994, Submittal
C. July 25, 1997, Submittal
D. June 22, 1998, Submittal
E. June 27, 2003, Submittal
F. May 5, 2006, Submittal
G. November 9, 2007, Submittal
H. August 14, 2009, Submittal
I. August 29, 2013, Submittal
J. November 3, 2014, Submittal
II. Evaluation
A. Revisions to the NSR Air Permit
Procedures
B. Does the proposed approval of the
Louisiana minor and nonattainment NSR
Air Permit procedure revisions interfere
with attainment, reasonable further
progress, or any other applicable
requirement of the Act?
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of State SIP Submittals for
Chapter 5 and Chapter 6 Air Permit
Program
The EPA is proposing approval of the
SIP revisions submitted by the State of
Louisiana. The proposed revisions
modify Louisiana’s minor NSR and
NNSR Chapters 5 Permit Procedure and
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Chapter 6 Regulations on Control of
Emissions through the Use of Emission
Reduction Credits (ERC) Banking rules
enacted at Louisiana Administrative
Code (LAC) 33:III.501, 502, 503, 504,
511, 513.A.2., 513.A.3, 513.A.4.,
513.A.5., 513.A.6., 513.B., 513.C., 515,
517, 519.A., 519.B., 521, 523, 525, 527,
529, 601, 603, 605, 607, 615, and 619.
The revisions provide clarity to the
rules, correct contradictory language,
update permit application and fee
requirements, revise the rules to
conform to the latest Louisiana laws,
and add to the ‘‘Insignificant Activities
List’’.
A. November 15, 1993, Submittal
On November 15, 1993, the LDEQ
submitted revisions to the SIP. This SIP
submittal incorporated revisions to the
Louisiana Administrative Code (LAC)
during the year 1993. It includes final
revised regulation enacted at LAC 33:III,
sections 501, 502, 503, 504, 505, 507,
511, 513, 515, 517, 519, 521, 523, 525,
527, 529, and 533. The EPA is proposing
to take action on sections 501, 502, 503,
511, 513, 515, 517, 519, 523, 525, 527,
and 529. The EPA already approved
section 504 (NNSR Procedures) into the
SIP on October 10, 1997, 62 FR 52948.
The 504 rules were then subsumed into
later SIP approval revisions. The EPA
returned sections 505, 507, and 533 due
to their association with the Title V
operating permit program requirements
to the LDEQ on August 4, 2015. The
EPA is not taking action and severing
section 513.A.1 (which references
section 531), section 519.C. (which
references section 531), and section 531
regarding public notice. Those specific
sections will be addressed in a separate
action. The EPA is not taking action and
is severing section 501.B.1.d. at this
time.
B. November 10, 1994, Submittal
On November 10, 1994, the LDEQ
submitted revisions to the SIP. This SIP
submittal incorporated revisions to the
LAC published in the Louisiana Register
on November 20, 1994. It includes final
revised regulations enacted at LAC
33:III, sections 501, 507, 517, 521, 527,
and 533. The EPA is proposing to take
action on sections 501, 517, 521, and
527. The EPA returned sections 507 and
533 due to their association with the
title V operating permit program
requirements to LDEQ on August 4,
2015.
C. July 25, 1997, Submittal
On July 25, 1997, the LDEQ submitted
the 1996 General revisions to the SIP.
This SIP submittal incorporated
revisions to LAC 33:III, sections 501,
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504, 509, and 517 adopted during 1996.
The EPA is proposing action on section
517. The EPA already approved sections
501, 504 and 509 on November 5, 2015
(80 FR 68451). Section 504 was
approved in 1997 as noted above and
revisions have been subsumed into the
SIP since the EPA’s last action
approving changes to the 504 rules on
September 30, 2002 (67 FR 61260).
D. June 22, 1998, Submittal
On June 22, 1998, the LDEQ
submitted the 1997 General revisions to
the SIP. This SIP submittal incorporated
revisions to the LAC during the year
1997 and revisions to the LAC not
previously federally approved. It
includes final revised regulation at LAC
33:III, sections 501, 509, and 517. The
EPA is proposing action on sections 501
and 517. The EPA already approved
section 509 on November 5, 2015 (80 FR
68451).
E. June 27, 2003, Submittal
On June 27, 2003, the LDEQ
submitted the 2002 General revisions to
the SIP. This SIP submittal incorporated
revisions to the LAC during the year
2002. It includes final revised regulation
LAC 33:III, section 501 covering the
insignificant activities list. The EPA is
proposing action on section 501.
F. May 5, 2006, Submittal
On May 5, 2006, the LDEQ submitted
the 2005 General revisions to the SIP.
This SIP submittal incorporated
revisions to the LAC during the year
2005 and revisions to the LAC not
previously federally approved. It
includes final revised regulation
sections LAC 33:III.501, 504, 505, 507,
509, 517, and 521. The EPA is proposing
action on sections 501, 517, and 521.
Since the last approval of section 504 in
2002, the EPA approved changes to
section 504 as well as section 509 on
November 5, 2015 (80 FR 68451). The
EPA returned to LDEQ sections 505 and
507.C.3. due to their association with
the title V operating permit program
requirements on August 4, 2015. The
EPA returned to LDEQ sections 507.H.4
and 507.H.5.d. due to their association
with the title V operating permit
program requirements on February 2,
2016.
G. November 9, 2007, Submittal
On November 9, 2007, the LDEQ
submitted the 2006 General revisions to
the SIP. This SIP submittal incorporated
revisions to the LAC during the year
2006 and revisions to the LAC not
previously federally approved. It
includes final revised regulation
sections at LAC 33:III.501, 504, 509,
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513, 531, and 607. The EPA is proposing
action on sections 513.A.2. and 513.A.6.
The EPA already approved sections 501,
504, 509, and 607 on November 5, 2015
(80 FR 68451). The EPA is not taking
action and severing section 513.A.1.
(which references section 531) and
section 531 regarding public notice.
Those specific sections will be
addressed in a separate action.
April 17, 2014, (79 FR 21631). The EPA
returned section 505 to LDEQ on
February 2, 2016, because it addresses
the Acid Rain Program Permitting
Requirements, which are implemented
in the title V program rather than the
SIP. The EPA returned section 507 to
LDEQ on February 2, 2016, because it
concerns the title V program which is
not part of a SIP.
H. August 14, 2009, Submittal
I. August 29, 2013, Submittal
On August 29, 2013, the LDEQ
submitted the 2008–2010 Volatile
Organic Compounds Rule SIP Revision.
This SIP submittal incorporated
revisions to the LAC during the years
2008–2010 and includes revisions to
final revised regulation section LAC
33:III.523. The EPA is proposing action
on section 523.
On August 14, 2009, the LDEQ
submitted the 2007 General revisions to
the SIP. This SIP submittal incorporated
revisions to the LAC during the year
2007 and includes revisions to the LAC
not previously federally approved. It
includes final revised regulation
sections LAC 33:III.501, 504, 505, 506,
and 507 contained in Chapter 5. It also
includes final revised regulation
sections LAC 33:III.603, 605, 607, 613,
and 615 contained in Chapter 6. The
EPA is proposing action on section 501.
The EPA already approved sections 504,
603, 605, 607, 613, and 615 on
November 5, 2015 (80 FR 68451). The
EPA already approved section 506 on
J. November 3, 2014, Submittal
On November 3, 2014, the LDEQ
submitted the 2011–2013 Permit Rule
revisions to the SIP. This SIP submittal
incorporated revisions to the LAC
during the years 2011–2012. It includes
final revised regulation sections LAC
33:III.211, 223, 317, 319, 501, 502, 503,
504, 523, 537, 601, 603, 605, 607, 615,
619, and 2132. The EPA is proposing
action on sections 501, 502, 503, 504,
523, 601, 603, 605, 607, 615, and 619.
The LDEQ withdrew sections 211 and
223 from SIP consideration by letter on
December 2, 2015. The EPA is not acting
on sections 317, 319, and 2132 because
this action only addresses Chapters 5
and 6. The EPA is not taking action on
section 537 (AQ286) and revised
citation 501.B.2.d.i.(a) (AQ270) because
the original 2008–2010 rule revision
containing these sections was never
submitted to the EPA. The EPA is not
taking action and is severing section
501.B.1.d. at this time.
Table 1 below summarizes the
changes that are in the SIP revision
submittals. A summary of the EPA’s
evaluation of each section and the basis
for our proposed approval is included in
this rulemaking. The accompanying
Technical Support Document (TSD)
includes a detailed evaluation of the
submittals and our rationale. The TSD
may be accessed online at
www.regulations.gov, Docket No. EPA–
R06–OAR–2014–0821.
TABLE 1—SUMMARY OF EACH NSR SIP SUBMITTAL AFFECTED BY THIS ACTION
Date
submitted
to EPA
Title of SIP submittal
Date of
state
adoption
Air Permit Procedure Revisions ...................................
11/15/1993
1993
Air Permit Procedure Revisions ...................................
Air Permit Procedure Revisions ...................................
Air Permit Procedure Revisions ...................................
Air Permit Procedure Revisions ...................................
Air Permit Procedure and ERC Banking Revisions .....
Air Permit Procedure and ERC Banking Revisions .....
Air Permit Procedure Revisions ...................................
2008–2010 Volatile Organic Compounds Rule ............
2011–2013 Permit Rule SIP Revision ..........................
11/10/1994
7/25/1997
6/22/1998
6/27/2003
5/5/2006
11/9/2007
8/14/2009
8/29/2013
11/3/2014
11/20/1994
1996
1997
2002
2005
2006
2007
9/20/2008
2011
II. Evaluation
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A. Revisions to the NSR Air Permit
Procedures
We evaluated the SIP submissions
and are proposing approval of the
Louisiana Permit Procedures Revisions
and ERC Banking Provisions, as
identified, beginning with the
November 15, 1993, through the
November 3, 2014, submissions. The
Act at section 110(a)(2)(C) requires
states to develop and submit to the EPA
for approval into the SIP,
preconstruction review programs
applicable to new and modified
stationary sources of air pollutants for
attainment and nonattainment areas that
cover both major and minor new
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Regulations affected
Sections 501, 502, 503, 511, 513, 515, 517, 519.A.,
519.B., 521, 523, 525, 527, and 529.
Sections 501, 517, 521, and 527.
Section 517.
Sections 501 and 517.
Section 501.
Sections 501, 517, and 521.
Section 513.
Section 501.
Section 523.
Sections 501, 502, 503, 504, 523, 601, 603, 605,
615, and 619.
sources and modifications, collectively
referred to as the NSR SIP. The CAA
NSR SIP program is composed of three
separate programs: Prevention of
Significant Deterioration (PSD), NNSR,
and Minor NSR. PSD is established in
part C of title I of the CAA and applies
in areas that meet the National Ambient
Air Quality Standards (NAAQS), i.e.,
‘‘attainment areas’’, as well as areas
where there is insufficient information
to determine if the area meets the
NAAQS, i.e., ‘‘unclassifiable areas.’’ The
NNSR SIP program is established in part
D of title I of the CAA and applies in
areas that are not in attainment of the
NAAQS, i.e., ‘‘nonattainment areas.’’
The Minor NSR SIP program addresses
construction or modification activities
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that do not emit, or have the potential
to emit, beyond certain major source
thresholds and thus do not qualify as
‘‘major’’ and applies regardless of the
designation of the area in which a
source is located. This particular SIP
action will address the minor NSR and
NNSR permitting programs.
The EPA regulations governing the
criteria that states must satisfy for the
EPA approval of the NSR programs as
part of the SIP are contained in 40 CFR
51.160–51.166. However, the PSD rules
are not being evaluated in this action
and therefore 40 CFR 51.166 does not
provide a basis for a decision in this
proposal. In addition, there are several
provisions in 40 CFR part 51 that apply
generally to all SIP revisions. As stated
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above, 40 CFR 51.160 establishes the
enforceable procedures that all NSR
programs must include. 40 CFR 51.160–
51.164 require that a SIP revision
demonstrate that the adopted rules will
not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the CAA.
Based upon our evaluation of the
submittals, the EPA has concluded that
the submittals as ultimately revised
meet the requirements of the CAA
section 110(a).
Our evaluation found that May 20,
2012 and November 20, 2012 adopted
revisions to the NNSR program,
submitted on November 3, 2014 revised
the program to address all
nonattainment area pollutants and was
necessary to ensure the Louisiana NNSR
offset bank is able to be used in future
instances where the State is designated
nonattainment for other criteria
pollutants. Prior to this action, the EPA
proposed full approval of the major PSD
and NNSR permitting program update,
(80 FR 50240), specifically those NNSR
requirements submitted prior to
November 3, 2014. That action was
finalized on November 5, 2015 (80 FR
68451).
Our evaluation of the proposed minor
NSR revisions found the proposed
revisions address requirements that
enhance the SIP. These changes (1)
define insignificant activities that will
not require permitting; (2) correct
contradictory language in the
insignificant activities list; (3) provide
edits to the Permit Procedure Rule as
requested by the EPA; (4) include
procedures for incorporating test results;
(5) unify and streamline name and
ownership changes for all media; and
(6) revise references to various LDEQ
divisions. All of these changes will help
to ensure that the LA Minor NSR rules
to meet the CAA requirements.
B. Does the proposed approval of the
Louisiana minor and nonattainment
NSR Air Permit procedure revisions
interfere with attainment, reasonable
further progress, or any other applicable
requirement of the Act?
We have determined that the
regulations submitted to the EPA for
approval as SIP revisions meet the
requirements of CAA section 110(l). The
EPA’s conclusion is based upon a lineby-line comparison of the proposed
revisions with the federal requirements.
The goal is to demonstrate that the
proposed revisions will not interfere
with the attainment of the NAAQS, Rate
of Progress, RFP or any other applicable
requirement of the CAA.
The EPA prepared a CAA section
110(l) analysis in its review of the
proposed list to serve as a basis for
demonstrating noninterference for the
affected pollutants for any applicable
requirement for attainment and
reasonable further progress such as: (1)
Turning a maintenance area back into a
nonattainment area; (2) turning an
attainment/unclassifiable area into a
nonattainment area; (3) leading to a PSD
increment exceedance; (4) causing the
nonattainment area to have higher
violations; or (5) causing a
nonattainment area to have a greater
number of NAAQS standard
exceedances. This evaluation is
contained in the individual tables for
each regulatory section and is found in
Section IV Conclusion of the TSD. The
TSD can be found in the docket for this
action. The comparison demonstrates
that the changes made to the Louisiana
rules reflect either the same regulatory
language, or are consistent with the
requirements found in the federal rules.
Further, the Additional Comments to
the table contained in section IV for the
proposed revisions to section 501 in the
TSD contain supporting technical
documentation establishing in detail a
CAA section 110(l) analysis regarding
the tables of Insignificant Activities
defined in section 501. Specifically, the
Section 501.B.3, Insignificant Activities
list, submitted on 5/5/2006, revised the
former submittal 11/10/1994, which was
then subsumed by the 6/27/2003
submittal.
Our finding is based in part on the
historic trends of ambient air quality for
the NAAQS pollutants, including ozone
and sulfur dioxide (SO2), since those
pollutants have caused past air quality
issues.1 The EPA took into
consideration the following factors
when making the decision to propose
approval into the SIP of the permit
exemptions listed in the Insignificant
Activities tables in section 501:
• Compliance with the 8-hour ozone
standard has improved state-wide with
ozone pollutant concentrations trending
downward with an average 23%
decrease in ozone since the late 1980’s.
This average decrease represents air
monitoring values in the Louisiana
cities of Baton Rouge, Lake Charles,
Monroe, New Orleans, and Point
Coupee Parish. 8-Hour ozone trends are
listed in the table below:
8-Hour ozone
(ppb)
1986
LA cities
Baton Rouge ................................................................................................................................
Lake Charles (Calcasieu Parish) .................................................................................................
Monroe .........................................................................................................................................
New Orleans ................................................................................................................................
Pointe Coupe Parish ....................................................................................................................
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• The Baton Rouge marginal ozone
nonattainment area is currently
monitoring attainment for the 2008
ozone NAAQS. The 8-Hour ozone
values have dropped from 83 ppb in
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71
67
61
70
67
Reduction
(%)
28
27
16
22
21
2006–2008 down to 71 ppb design value
for 2015 in Baton Rouge.
• Compliance with the SO2 standard
has improved significantly state-wide
with SO2 pollutant concentrations
trending downward with an average
55% decrease in SO2 since the mid
1 Supporting documentation is contained in the
monitoring data of ambient air quality for NAAQS
criteria for cities located throughout Louisiana. See
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98
92
73
89
85
8-Hour ozone
(ppb)
2015
2000’s. This average value represents
the Louisiana air monitoring locations
of Baton Rouge, Lake Charles,
Chalmette, Port Allen, Shreveport, and
Meraux. SO2 trends are listed in the
table below:
https://www.deq.louisiana.gov/portal/DIVISIONS/
Assessment/AirFieldServices/AmbientAir
MonitoringProgram/AmbientAirMonitoringDataand
Reports.aspx.
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SO2 (ppb)
2007
LA cities
Shreveport ...................................................................................................................................
Lake Charles ................................................................................................................................
Baton Rouge ................................................................................................................................
Meraux .........................................................................................................................................
Chalmette .....................................................................................................................................
Port Allen .....................................................................................................................................
• The EPA determined the St.
Bernard 2010 SO2 NAAQS
nonattainment area was caused
primarily by one large source of SO2
emissions, the Rain CII Carbon LLC—
Chalmette Coke Plant. The LDEQ is
currently preparing a proposed SIP
attainment demonstration, ‘‘St. Bernard
Parish SO2 Nonattainment Area
Louisiana SIP Revision,’’ which was
submitted to the EPA on April 1, 2015,
for review. The EPA provided
comments and is working with the
LDEQ to ensure the SIP revision
contains the appropriate emission limits
to bring the area into attainment status.
The St. Bernard SO2 nonattainment area
has documented SO2 pollutant
concentrations decreasing from a 331
ppm SO2 design value in 2009 down to
a 159 ppm SO2 design value in 2014.
• Compliance with the Particulate
Matter (PM10) standard is maintained
and is below regulatory NAAQS levels.
PM10 emission concentrations have
trended downward an average 25%
statewide since the mid 2000’s. The
average statewide 24-hour PM10
concentration is 28 ug/m3 which is 19%
of the NAAQS level for PM10. The
average value represents the Louisiana
air monitoring locations of Baton Rouge,
New Orleans, Chalmette, Shreveport,
and Lafayette.
• Compliance with the average
statewide annual PM2.5 standards is
maintained with an average annual
maximum concentration of 10.8 ug/m3,
which is below the average annual
primary standard for PM2.5 of 12 ug/m3.
SO2 (ppb)
2013
21
42
65
32
331
143
• The Baton Rouge Capitol air
monitor is the only monitor collecting
samples and analyzing for Carbon
Monoxide (CO). The 2014 annual
average CO value was 0.26 ppm and the
maximum monitored value was 5.34
ppm which is below the 9 ppm standard
(8 hour averaging time).
Since the list of exempted sources
included in the proposed revisions have
historically operated without coverage
by an air permit and there are no
anticipated increases in emissions or in
the number of these type of sources
resulting from the approval of the
exempted list into the SIP, the EPA has
determined the possibility of a low level
of potential impacts on ambient air
quality as a result of the emission
sources and activities included in the
proposed LAC 33:III section 501
exemptions list and this conclusion is
supported by ambient air monitoring
trends in the State of Louisiana.
Our determination is consistent with
our assessment of the environmental
insignificance of these emissions. In
addition, the LDEQ has been carrying
out the minor NSR air permitting
program based on the codification of
their permitting policy without any
indication that these permit exempted
sources have interfered with attainment
or reasonable further progress or
increased PSD increment. Therefore, the
EPA proposes to approve the
exemptions lists in section 501 into the
Louisiana SIP.
Based on supporting air quality
monitoring data documenting air quality
Reduction
(%)
12
32
19
19
112
23
improvements throughout the State, the
EPA proposes to approve Section 501
containing the list of the exempted
sources into the Louisiana SIP since it
meets the requirements of CAA section
110(l) and since state agencies are
provided the latitude to define the types
and sizes of facilities, buildings,
structures, or installations subject to
review in accordance with 40 CFR
51.160(e). We believe the
implementation of this rule will not
interfere with any applicable
requirement concerning attainment and
reasonable further progress, maintaining
PSD increment, or any other applicable
requirement of the CAA.
III. Proposed Action
The EPA proposes approval of the
identified sections of the revisions to
the air permitting procedures as
submitted as revisions to the Louisiana
NSR SIP Permit program on November
15, 1993, November 10, 1994, July 25,
1997, June 22, 1998, June 27, 2003, May
5, 2006, November 9, 2007, August 14,
2009, August 29, 2013, and November 3,
2014, submittals. The EPA has made the
determination in accordance with the
CAA and the EPA regulations at 40 CFR
51.160–51.165. Therefore, under section
110 and part C of the Act, and for the
reasons presented above and in our
accompanying TSD, the EPA proposes
approval of the revisions to the
Louisiana SIP identified in Table 2
below which summarizes each
regulatory citation that is affected by
this action.
TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION
Date
submitted to
EPA as SIP
amendment
Section
Affected regulation
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Section 501—Scope and Applicability
Section 501.A ...........................................
Section 501.B ...........................................
Section 501.C ...........................................
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11/15/1993
11/15/1993
11/10/1994
6/22/1998
6/27/2003
5/5/2006
11/3/2014
11/15/1993
5/5/2006
11/9/2007
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Sections 501.A.1. and A.2.
Sections 501.B.1.a., B.1.b., B.1.c., B.2., B.3., B.4., B.5., B.6., and B.7.
Sections 501.B.5.A and 501.B.5.B.
Sections 501.B.3.c. and 501.B.3.d.
Section 501.B.5.
Sections 501.B.5, 501.B.32, and 501.D.a.–d.
Sections 501.B.1.c., 501.B.1.e., 501.B.4.a.i., 501.B.5. Table 1, and 501.B.8.
Sections 501.C.1., C.2., C.3., C.4., C.5., C.6., C.7., C.8., and C.9.
Section 501.C.1.
Sections 501.C.11., C.12., and C.13.
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43
24
71
41
66
84
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TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION—Continued
Date
submitted to
EPA as SIP
amendment
Section
8/14/2009
Affected regulation
Section 501.C.1.
Section 502—Definitions
Section 502 ...............................................
11/15/1993
11/3/2014
Section 502 Definitions—Clean Air Act, EPA, Final Permit, Fugitive Emissions, Permit Revision, Permit Renewal, Permitting Authority, Potential to Emit, Proposed
Permit, Stationary Source.
Portions of definitions as outlined in Technical Support Document for: Emissions
Unit, Regulated Air Pollutant, Responsible Official, and title I Modification.
Section 502.A. Definitions—Nonroad Engine.
Section 503—Minor Source Permit Requirements
Section 503.A ...........................................
Section 503.B ...........................................
11/15/1993
11/15/1993
11/3/2014
Section 503.A.
Sections 503.B., 503.B.1., 503.B.2., and 503.B.3.
Section 503.B.2.
Section 504—Nonattainment New Source Review (NNSR) Procedures and Offset Requirements in Specified Parishes
504.A .........................................................
504.D ........................................................
504.F .........................................................
504.M ........................................................
11/3/2014
11/3/2014
11/3/2014
11/3/2014
Sections 504.A.2., 504.A.3., and 504.A.4.
Section 504.D.5.
Sections 504.F.1., 504.F.2.
Sections 504.M.., 504.M.1, 504.M.2.a.–c., 504.M.3., and 504.M.4.
Section 511—Emission Reductions
Section 511 ...............................................
11/15/1993
Section 511.
Section 513—General Permits, Temporary Sources, and Relocation of Portable Facilities
Section 513.A ...........................................
Section 513.B ...........................................
Section 513.C ...........................................
11/15/1993
11/9/2007
11/15/1993
11/15/1993
Sections
Sections
Sections
Sections
513.A.2., 513.A.3., 513.A.4., and 513.A.5.
513.A.2., 513.A.6.
513.B.1., B.2., B.3., and B.4.
513.C.1., 513.C.2., and 513.C.3.
Section 515—Oil and Gas Wells and Pipelines Permitting Provisions
Section 515 ...............................................
Section 515.A ...........................................
Section 515.B ...........................................
11/15/1993
11/15/1993
11/15/1993
Section 515.
Sections 515.A.1., 515.A.2, 515.A.3., 515.A.4., 515.A.5.
Sections 515.B.1., 515.B.2.
Section 517—Permit Applications and Submittal of Information
Section 517.A ...........................................
Section 517.B ...........................................
Section 517.C ...........................................
Section 517.D ...........................................
11/15/1993
6/22/1998
11/15/1993
11/15/1993
11/15/1993
Section 517.E ...........................................
11/15/1993
Section 517.F ............................................
11/15/1993
Section 517.G ...........................................
11/10/1994
7/25/1997
11/15/1993
5/5/06
Sections 517.A., 517.A.1., 517.A.2., 517.A.3.
Section 517.A.3.
Sections 517.B., 517.B.1., 517.B.2., and 517.B.3.
Section 517.C.
Sections 517.D., 517.D.1, 517.D.2., 517.D.3., 517.D.4., 517.D.5., 517.D.6.,
517.D.7., 517.D.8., 517.D.9., 517.D.10., 517.D.11., 517.D.12., 517.D.13.,
517.D.14., 517.D.15., 517.D.16., 517.D.17., and 517.D.18.
Sections 517.E., 517.E.1., 517.E.2., 517.E.3., 517.E.4., 517.E.5., 517.E.6.,
517.E.7., and 517.E.8.
Sections 517.F., 517.F.1., 517.F.2., 517.F.3., 517.F.4., 517.F.5., 517.F.6., 517.F.7.,
and 517.F.8.
Section 517.F.1.
Section 517.F.
Section 517.G.
Section 517.G.
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Section 519—Permit Issuance Procedures for New Facilities, Initial Permits, Renewals and Significant Modifications
Section 519.A ...........................................
Section 519.B ...........................................
11/15/1993
11/15/1993
Sections 519.A., 519.A.1., 519.A.2., 519.A.3., and 519.A.4.
Sections 519.B., 519.B.1., and 519.B.2.
Section 521—Administrative Amendments
Section 521.A ...........................................
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Section 521.A.6.
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TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION—Continued
Date
submitted to
EPA as SIP
amendment
Section
Affected regulation
Section 523—Procedures for Incorporating Test Results
Section 523.A ...........................................
11/15/1993
11/3/2014
11/15/1993
8/29/2013
Section 523.B ...........................................
Sections 523.A.1. and A.2.
Section 523.A.1.b.
Sections 523.B.1., B.2., B.3., and B.4.
Sections 523.B.3., 523.B.4., and 523.B.5.
Section 525—Minor Modifications
Section 525.A ...........................................
Section 525.B ...........................................
11/15/1993
11/15/1993
Sections 525.A., 525.A.1., 525.A.2., and 525.A.3.
Sections 525.B., 525.B.1., and 525.B.2.
Section 527—Significant Modifications
Section 527.A ...........................................
11/15/1993
11/10/1994
11/15/1993
11/10/1994
Section 527.B ...........................................
Sections 527.A., 527.A.1., 527.A.2., and 527.A.3.
Sections 527.A.2., 527.A.2.c.
Sections 527.B., 527.B.1., 527.B.2., 527.B.3., 527.B.4., and 527.B.5.
Section 527.B.
Section 529—Reopenings for Cause
Section 529.A ...........................................
Section 529.B ...........................................
11/15/1993
11/15/1993
Sections 529.A., 529.A.1., and 529.A.2.
Sections 529.B., 529.B.1., 529.B.2., 529.B.3., and 529.B.4.
Section 601—Purpose
Section 601.A ...........................................
11/3/2014
Section 601.A.
Section 603—Applicability
Section 603.A ...........................................
Section 603.B ...........................................
11/3/2014
11/3/2014
Section 603.A.
Section 603.B.
Section 605—Definitions
Section 605.A ...........................................
11/3/2014
Section 605.A. Definitions—Bankable Emission Reductions and Offset,
Repealed Definitions—Base Case Inventory, Base Line Inventory, Current Total
Point-Source Emissions Inventory, Modeled Parishes.
Section 607—Determination of Creditable Emission Reductions
Section 607.C ...........................................
11/3/2014
Sections 607.C., 607.C.1., and 607.C.4.
Section 615—Schedule for Submitting Applications
Section 615.B ...........................................
11/3/2014
Section 615.B.
Section 619—Emission Reduction Credit Bank
11/3/2014
IV. Incorporation by Reference
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Section 619.A ...........................................
V. Statutory and Executive Order
Reviews
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Louisiana regulations as
described in the Proposed Action
section above. We have made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the EPA Region 6 office.
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Section 619.A.
Under the CAA, 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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
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beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, and
Volatile organic compounds.
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Authority: 42 U.S.C. 7401 et seq.
Dated: April 7, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016–08927 Filed 4–19–16; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2015–0804; FRL–9945–03–
OW]
RIN 2040–AF59
Proposal of Certain Federal Water
Quality Standards Applicable to Maine
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes federal Clean
Water Act (CWA) water quality
standards (WQS) that would apply to
certain waters under the state of Maine’s
jurisdiction. EPA proposes human
health criteria (HHC) to protect the
sustenance fishing use in those waters
in Indian lands and for waters subject to
sustenance fishing rights under the
Maine Implementing Act (MIA) based
on a fish consumption rate that
represents an unsuppressed level of fish
consumption by the four federally
recognized tribes. EPA proposes six
additional WQS for waters in Indian
lands in Maine, two WQS for all waters
in Maine including waters in Indian
lands, and one WQS for waters in Maine
outside of Indian lands. These proposed
WQS take into account the best
available science, including local and
regional information, as well as
applicable EPA policies, guidance, and
legal requirements, to protect human
health and aquatic life. EPA proposes
these WQS to address various
disapprovals of Maine’s standards that
EPA issued in February, March, and
June 2015, and to address the
Administrator’s determination that
Maine’s disapproved HHC are not
adequate to protect the designated use
of sustenance fishing for certain waters.
DATES: Comments must be received on
or before June 20, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2015–0804 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
SUMMARY:
PO 00000
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23239
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. EPA is
offering two virtual public hearings so
that interested parties may also provide
oral comments on this proposed rule.
The first hearing will be on Tuesday,
June 7, 2016 from 5:00 p.m. to 7:00 p.m.
Eastern Daylight Time. The second
hearing will be on Thursday, June 9,
2016 from 9:00 a.m. to 11:00 a.m.
Eastern Daylight Time. For more details
on the public hearings and a link to
register, please visit https://
www.epa.gov/wqs-tech/proposed-rulemaine-water-quality-standards.
FOR FURTHER INFORMATION CONTACT:
Jennifer Brundage, Office of Water,
Standards and Health Protection
Division (4305T), Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460;
telephone number: (202) 566–1265;
email address: Brundage.jennifer@
epa.gov.
SUPPLEMENTARY INFORMATION: This
proposed rule is organized as follows:
I. General Information
Does this action apply to me?
II. Background
A. Statutory and Regulatory Background
B. EPA’s Disapprovals of Portions of
Maine’s Water Quality Standards
C. Scope of Waters
D. Applicability of EPA Promulgated Water
Quality Standards When Final
III. CWA 303(c)(4)(B) Determination of
Necessity for Human Health Criteria
That Protect Sustenance Fishing
IV. Proposed Water Quality Standards
A. Proposed WQS for Waters in Indian
Lands in Maine and for Waters Outside
of Indian Lands in Maine Where the
Sustenance Fishing Designated Use
Established by 30 M.R.S. 6207(4) and (9)
Applies
B. Proposed WQS for Waters in Indian
Lands in Maine
C. Proposed WQS for All Waters in Maine
D. Proposed WQS for Waters in Maine
Outside of Indian Lands
V. Economic Analysis
A. Identifying Affected Entities
B. Method for Estimating Costs
C. Results
VI. Statutory and Executive Order Reviews
A. Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation and
Regulatory Review)
B. Paperwork Reduction Act
E:\FR\FM\20APP1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23232-23239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08927]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0821; FRL-9945-10-Region 6]
Approval and Promulgation of Implementation Plans; Louisiana;
Revisions to the New Source Review State Implementation Plan; Air
Permit Procedure Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of portions of ten revisions to the Louisiana New Source
Review (NSR) State Implementation Plan (SIP) submitted by the Louisiana
Department of Environmental Quality (LDEQ). These revisions to the
Louisiana SIP provide updates to the minor NSR and nonattainment new
source review (NNSR) permit programs in Louisiana contained within the
Chapter 5 Permit Procedures and Chapter 6 Regulations on Control of
Emissions through the Use of Emission Reduction Credits (ERC) Banking
rules as initially submitted on November 15, 1993, and the subsequent
rule amendments for Air Permit Procedure revisions submitted through
November 3, 2014. The EPA's final action will incorporate these rules
into the federally approved SIP. The rules generally enhance the SIP
and were evaluated in accordance with CAA guidelines for the EPA action
on SIP submittals and general rulemaking authority. This proposed
action is consistent with the requirements of section 110 of the CAA.
DATES: Written comments must be received on or before May 20, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2014-0821, at https://www.regulations.gov or via email to
kordzi.stephanie@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
[[Page 23233]]
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Stephanie Kordzi, 214-
665-7520, kordzi.stephanie@epa.gov. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Stephanie Kordzi, telephone (214) 665-
7520, kordzi.stephanie@epa.gov. To inspect the hard copy materials,
please schedule an appointment with Stephanie Kordzi at 214-665-7520 or
Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Summary of State SIP Submittals for Chapter 5 and Chapter 6 Air
Permit Program
A. November 15, 1993, Submittal
B. November 10, 1994, Submittal
C. July 25, 1997, Submittal
D. June 22, 1998, Submittal
E. June 27, 2003, Submittal
F. May 5, 2006, Submittal
G. November 9, 2007, Submittal
H. August 14, 2009, Submittal
I. August 29, 2013, Submittal
J. November 3, 2014, Submittal
II. Evaluation
A. Revisions to the NSR Air Permit Procedures
B. Does the proposed approval of the Louisiana minor and
nonattainment NSR Air Permit procedure revisions interfere with
attainment, reasonable further progress, or any other applicable
requirement of the Act?
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of State SIP Submittals for Chapter 5 and Chapter 6 Air
Permit Program
The EPA is proposing approval of the SIP revisions submitted by the
State of Louisiana. The proposed revisions modify Louisiana's minor NSR
and NNSR Chapters 5 Permit Procedure and Chapter 6 Regulations on
Control of Emissions through the Use of Emission Reduction Credits
(ERC) Banking rules enacted at Louisiana Administrative Code (LAC)
33:III.501, 502, 503, 504, 511, 513.A.2., 513.A.3, 513.A.4., 513.A.5.,
513.A.6., 513.B., 513.C., 515, 517, 519.A., 519.B., 521, 523, 525, 527,
529, 601, 603, 605, 607, 615, and 619. The revisions provide clarity to
the rules, correct contradictory language, update permit application
and fee requirements, revise the rules to conform to the latest
Louisiana laws, and add to the ``Insignificant Activities List''.
A. November 15, 1993, Submittal
On November 15, 1993, the LDEQ submitted revisions to the SIP. This
SIP submittal incorporated revisions to the Louisiana Administrative
Code (LAC) during the year 1993. It includes final revised regulation
enacted at LAC 33:III, sections 501, 502, 503, 504, 505, 507, 511, 513,
515, 517, 519, 521, 523, 525, 527, 529, and 533. The EPA is proposing
to take action on sections 501, 502, 503, 511, 513, 515, 517, 519, 523,
525, 527, and 529. The EPA already approved section 504 (NNSR
Procedures) into the SIP on October 10, 1997, 62 FR 52948. The 504
rules were then subsumed into later SIP approval revisions. The EPA
returned sections 505, 507, and 533 due to their association with the
Title V operating permit program requirements to the LDEQ on August 4,
2015. The EPA is not taking action and severing section 513.A.1 (which
references section 531), section 519.C. (which references section 531),
and section 531 regarding public notice. Those specific sections will
be addressed in a separate action. The EPA is not taking action and is
severing section 501.B.1.d. at this time.
B. November 10, 1994, Submittal
On November 10, 1994, the LDEQ submitted revisions to the SIP. This
SIP submittal incorporated revisions to the LAC published in the
Louisiana Register on November 20, 1994. It includes final revised
regulations enacted at LAC 33:III, sections 501, 507, 517, 521, 527,
and 533. The EPA is proposing to take action on sections 501, 517, 521,
and 527. The EPA returned sections 507 and 533 due to their association
with the title V operating permit program requirements to LDEQ on
August 4, 2015.
C. July 25, 1997, Submittal
On July 25, 1997, the LDEQ submitted the 1996 General revisions to
the SIP. This SIP submittal incorporated revisions to LAC 33:III,
sections 501, 504, 509, and 517 adopted during 1996. The EPA is
proposing action on section 517. The EPA already approved sections 501,
504 and 509 on November 5, 2015 (80 FR 68451). Section 504 was approved
in 1997 as noted above and revisions have been subsumed into the SIP
since the EPA's last action approving changes to the 504 rules on
September 30, 2002 (67 FR 61260).
D. June 22, 1998, Submittal
On June 22, 1998, the LDEQ submitted the 1997 General revisions to
the SIP. This SIP submittal incorporated revisions to the LAC during
the year 1997 and revisions to the LAC not previously federally
approved. It includes final revised regulation at LAC 33:III, sections
501, 509, and 517. The EPA is proposing action on sections 501 and 517.
The EPA already approved section 509 on November 5, 2015 (80 FR 68451).
E. June 27, 2003, Submittal
On June 27, 2003, the LDEQ submitted the 2002 General revisions to
the SIP. This SIP submittal incorporated revisions to the LAC during
the year 2002. It includes final revised regulation LAC 33:III, section
501 covering the insignificant activities list. The EPA is proposing
action on section 501.
F. May 5, 2006, Submittal
On May 5, 2006, the LDEQ submitted the 2005 General revisions to
the SIP. This SIP submittal incorporated revisions to the LAC during
the year 2005 and revisions to the LAC not previously federally
approved. It includes final revised regulation sections LAC 33:III.501,
504, 505, 507, 509, 517, and 521. The EPA is proposing action on
sections 501, 517, and 521. Since the last approval of section 504 in
2002, the EPA approved changes to section 504 as well as section 509 on
November 5, 2015 (80 FR 68451). The EPA returned to LDEQ sections 505
and 507.C.3. due to their association with the title V operating permit
program requirements on August 4, 2015. The EPA returned to LDEQ
sections 507.H.4 and 507.H.5.d. due to their association with the title
V operating permit program requirements on February 2, 2016.
G. November 9, 2007, Submittal
On November 9, 2007, the LDEQ submitted the 2006 General revisions
to the SIP. This SIP submittal incorporated revisions to the LAC during
the year 2006 and revisions to the LAC not previously federally
approved. It includes final revised regulation sections at LAC
33:III.501, 504, 509,
[[Page 23234]]
513, 531, and 607. The EPA is proposing action on sections 513.A.2. and
513.A.6. The EPA already approved sections 501, 504, 509, and 607 on
November 5, 2015 (80 FR 68451). The EPA is not taking action and
severing section 513.A.1. (which references section 531) and section
531 regarding public notice. Those specific sections will be addressed
in a separate action.
H. August 14, 2009, Submittal
On August 14, 2009, the LDEQ submitted the 2007 General revisions
to the SIP. This SIP submittal incorporated revisions to the LAC during
the year 2007 and includes revisions to the LAC not previously
federally approved. It includes final revised regulation sections LAC
33:III.501, 504, 505, 506, and 507 contained in Chapter 5. It also
includes final revised regulation sections LAC 33:III.603, 605, 607,
613, and 615 contained in Chapter 6. The EPA is proposing action on
section 501. The EPA already approved sections 504, 603, 605, 607, 613,
and 615 on November 5, 2015 (80 FR 68451). The EPA already approved
section 506 on April 17, 2014, (79 FR 21631). The EPA returned section
505 to LDEQ on February 2, 2016, because it addresses the Acid Rain
Program Permitting Requirements, which are implemented in the title V
program rather than the SIP. The EPA returned section 507 to LDEQ on
February 2, 2016, because it concerns the title V program which is not
part of a SIP.
I. August 29, 2013, Submittal
On August 29, 2013, the LDEQ submitted the 2008-2010 Volatile
Organic Compounds Rule SIP Revision. This SIP submittal incorporated
revisions to the LAC during the years 2008-2010 and includes revisions
to final revised regulation section LAC 33:III.523. The EPA is
proposing action on section 523.
J. November 3, 2014, Submittal
On November 3, 2014, the LDEQ submitted the 2011-2013 Permit Rule
revisions to the SIP. This SIP submittal incorporated revisions to the
LAC during the years 2011-2012. It includes final revised regulation
sections LAC 33:III.211, 223, 317, 319, 501, 502, 503, 504, 523, 537,
601, 603, 605, 607, 615, 619, and 2132. The EPA is proposing action on
sections 501, 502, 503, 504, 523, 601, 603, 605, 607, 615, and 619. The
LDEQ withdrew sections 211 and 223 from SIP consideration by letter on
December 2, 2015. The EPA is not acting on sections 317, 319, and 2132
because this action only addresses Chapters 5 and 6. The EPA is not
taking action on section 537 (AQ286) and revised citation
501.B.2.d.i.(a) (AQ270) because the original 2008-2010 rule revision
containing these sections was never submitted to the EPA. The EPA is
not taking action and is severing section 501.B.1.d. at this time.
Table 1 below summarizes the changes that are in the SIP revision
submittals. A summary of the EPA's evaluation of each section and the
basis for our proposed approval is included in this rulemaking. The
accompanying Technical Support Document (TSD) includes a detailed
evaluation of the submittals and our rationale. The TSD may be accessed
online at www.regulations.gov, Docket No. EPA-R06-OAR-2014-0821.
Table 1--Summary of Each NSR SIP Submittal Affected by This Action
----------------------------------------------------------------------------------------------------------------
Date
Title of SIP submittal submitted to Date of state Regulations affected
EPA adoption
----------------------------------------------------------------------------------------------------------------
Air Permit Procedure Revisions............. 11/15/1993 1993 Sections 501, 502, 503, 511, 513,
515, 517, 519.A., 519.B., 521,
523, 525, 527, and 529.
Air Permit Procedure Revisions............. 11/10/1994 11/20/1994 Sections 501, 517, 521, and 527.
Air Permit Procedure Revisions............. 7/25/1997 1996 Section 517.
Air Permit Procedure Revisions............. 6/22/1998 1997 Sections 501 and 517.
Air Permit Procedure Revisions............. 6/27/2003 2002 Section 501.
Air Permit Procedure and ERC Banking 5/5/2006 2005 Sections 501, 517, and 521.
Revisions.
Air Permit Procedure and ERC Banking 11/9/2007 2006 Section 513.
Revisions.
Air Permit Procedure Revisions............. 8/14/2009 2007 Section 501.
2008-2010 Volatile Organic Compounds Rule.. 8/29/2013 9/20/2008 Section 523.
2011-2013 Permit Rule SIP Revision......... 11/3/2014 2011 Sections 501, 502, 503, 504, 523,
601, 603, 605, 615, and 619.
----------------------------------------------------------------------------------------------------------------
II. Evaluation
A. Revisions to the NSR Air Permit Procedures
We evaluated the SIP submissions and are proposing approval of the
Louisiana Permit Procedures Revisions and ERC Banking Provisions, as
identified, beginning with the November 15, 1993, through the November
3, 2014, submissions. The Act at section 110(a)(2)(C) requires states
to develop and submit to the EPA for approval into the SIP,
preconstruction review programs applicable to new and modified
stationary sources of air pollutants for attainment and nonattainment
areas that cover both major and minor new sources and modifications,
collectively referred to as the NSR SIP. The CAA NSR SIP program is
composed of three separate programs: Prevention of Significant
Deterioration (PSD), NNSR, and Minor NSR. PSD is established in part C
of title I of the CAA and applies in areas that meet the National
Ambient Air Quality Standards (NAAQS), i.e., ``attainment areas'', as
well as areas where there is insufficient information to determine if
the area meets the NAAQS, i.e., ``unclassifiable areas.'' The NNSR SIP
program is established in part D of title I of the CAA and applies in
areas that are not in attainment of the NAAQS, i.e., ``nonattainment
areas.'' The Minor NSR SIP program addresses construction or
modification activities that do not emit, or have the potential to
emit, beyond certain major source thresholds and thus do not qualify as
``major'' and applies regardless of the designation of the area in
which a source is located. This particular SIP action will address the
minor NSR and NNSR permitting programs.
The EPA regulations governing the criteria that states must satisfy
for the EPA approval of the NSR programs as part of the SIP are
contained in 40 CFR 51.160-51.166. However, the PSD rules are not being
evaluated in this action and therefore 40 CFR 51.166 does not provide a
basis for a decision in this proposal. In addition, there are several
provisions in 40 CFR part 51 that apply generally to all SIP revisions.
As stated
[[Page 23235]]
above, 40 CFR 51.160 establishes the enforceable procedures that all
NSR programs must include. 40 CFR 51.160-51.164 require that a SIP
revision demonstrate that the adopted rules will not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the CAA. Based upon
our evaluation of the submittals, the EPA has concluded that the
submittals as ultimately revised meet the requirements of the CAA
section 110(a).
Our evaluation found that May 20, 2012 and November 20, 2012
adopted revisions to the NNSR program, submitted on November 3, 2014
revised the program to address all nonattainment area pollutants and
was necessary to ensure the Louisiana NNSR offset bank is able to be
used in future instances where the State is designated nonattainment
for other criteria pollutants. Prior to this action, the EPA proposed
full approval of the major PSD and NNSR permitting program update, (80
FR 50240), specifically those NNSR requirements submitted prior to
November 3, 2014. That action was finalized on November 5, 2015 (80 FR
68451).
Our evaluation of the proposed minor NSR revisions found the
proposed revisions address requirements that enhance the SIP. These
changes (1) define insignificant activities that will not require
permitting; (2) correct contradictory language in the insignificant
activities list; (3) provide edits to the Permit Procedure Rule as
requested by the EPA; (4) include procedures for incorporating test
results; (5) unify and streamline name and ownership changes for all
media; and (6) revise references to various LDEQ divisions. All of
these changes will help to ensure that the LA Minor NSR rules to meet
the CAA requirements.
B. Does the proposed approval of the Louisiana minor and nonattainment
NSR Air Permit procedure revisions interfere with attainment,
reasonable further progress, or any other applicable requirement of the
Act?
We have determined that the regulations submitted to the EPA for
approval as SIP revisions meet the requirements of CAA section 110(l).
The EPA's conclusion is based upon a line-by-line comparison of the
proposed revisions with the federal requirements. The goal is to
demonstrate that the proposed revisions will not interfere with the
attainment of the NAAQS, Rate of Progress, RFP or any other applicable
requirement of the CAA.
The EPA prepared a CAA section 110(l) analysis in its review of the
proposed list to serve as a basis for demonstrating noninterference for
the affected pollutants for any applicable requirement for attainment
and reasonable further progress such as: (1) Turning a maintenance area
back into a nonattainment area; (2) turning an attainment/
unclassifiable area into a nonattainment area; (3) leading to a PSD
increment exceedance; (4) causing the nonattainment area to have higher
violations; or (5) causing a nonattainment area to have a greater
number of NAAQS standard exceedances. This evaluation is contained in
the individual tables for each regulatory section and is found in
Section IV Conclusion of the TSD. The TSD can be found in the docket
for this action. The comparison demonstrates that the changes made to
the Louisiana rules reflect either the same regulatory language, or are
consistent with the requirements found in the federal rules. Further,
the Additional Comments to the table contained in section IV for the
proposed revisions to section 501 in the TSD contain supporting
technical documentation establishing in detail a CAA section 110(l)
analysis regarding the tables of Insignificant Activities defined in
section 501. Specifically, the Section 501.B.3, Insignificant
Activities list, submitted on 5/5/2006, revised the former submittal
11/10/1994, which was then subsumed by the 6/27/2003 submittal.
Our finding is based in part on the historic trends of ambient air
quality for the NAAQS pollutants, including ozone and sulfur dioxide
(SO2), since those pollutants have caused past air quality
issues.\1\ The EPA took into consideration the following factors when
making the decision to propose approval into the SIP of the permit
exemptions listed in the Insignificant Activities tables in section
501:
---------------------------------------------------------------------------
\1\ Supporting documentation is contained in the monitoring data
of ambient air quality for NAAQS criteria for cities located
throughout Louisiana. See https://www.deq.louisiana.gov/portal/DIVISIONS/Assessment/AirFieldServices/AmbientAirMonitoringProgram/AmbientAirMonitoringDataandReports.aspx.
---------------------------------------------------------------------------
Compliance with the 8-hour ozone standard has improved
state-wide with ozone pollutant concentrations trending downward with
an average 23% decrease in ozone since the late 1980's. This average
decrease represents air monitoring values in the Louisiana cities of
Baton Rouge, Lake Charles, Monroe, New Orleans, and Point Coupee
Parish. 8-Hour ozone trends are listed in the table below:
----------------------------------------------------------------------------------------------------------------
8-Hour ozone 8-Hour ozone
LA cities (ppb) 1986 (ppb) 2015 Reduction (%)
----------------------------------------------------------------------------------------------------------------
Baton Rouge..................................................... 98 71 28
Lake Charles (Calcasieu Parish)................................. 92 67 27
Monroe.......................................................... 73 61 16
New Orleans..................................................... 89 70 22
Pointe Coupe Parish............................................. 85 67 21
----------------------------------------------------------------------------------------------------------------
The Baton Rouge marginal ozone nonattainment area is
currently monitoring attainment for the 2008 ozone NAAQS. The 8-Hour
ozone values have dropped from 83 ppb in 2006-2008 down to 71 ppb
design value for 2015 in Baton Rouge.
Compliance with the SO2 standard has improved
significantly state-wide with SO2 pollutant concentrations
trending downward with an average 55% decrease in SO2 since
the mid 2000's. This average value represents the Louisiana air
monitoring locations of Baton Rouge, Lake Charles, Chalmette, Port
Allen, Shreveport, and Meraux. SO2 trends are listed in the
table below:
[[Page 23236]]
----------------------------------------------------------------------------------------------------------------
LA cities SO2 (ppb) 2007 SO2 (ppb) 2013 Reduction (%)
----------------------------------------------------------------------------------------------------------------
Shreveport...................................................... 21 12 43
Lake Charles.................................................... 42 32 24
Baton Rouge..................................................... 65 19 71
Meraux.......................................................... 32 19 41
Chalmette....................................................... 331 112 66
Port Allen...................................................... 143 23 84
----------------------------------------------------------------------------------------------------------------
The EPA determined the St. Bernard 2010 SO2
NAAQS nonattainment area was caused primarily by one large source of
SO2 emissions, the Rain CII Carbon LLC--Chalmette Coke
Plant. The LDEQ is currently preparing a proposed SIP attainment
demonstration, ``St. Bernard Parish SO2 Nonattainment Area
Louisiana SIP Revision,'' which was submitted to the EPA on April 1,
2015, for review. The EPA provided comments and is working with the
LDEQ to ensure the SIP revision contains the appropriate emission
limits to bring the area into attainment status. The St. Bernard
SO2 nonattainment area has documented SO2
pollutant concentrations decreasing from a 331 ppm SO2
design value in 2009 down to a 159 ppm SO2 design value in
2014.
Compliance with the Particulate Matter (PM10)
standard is maintained and is below regulatory NAAQS levels.
PM10 emission concentrations have trended downward an
average 25% statewide since the mid 2000's. The average statewide 24-
hour PM10 concentration is 28 ug/m\3\ which is 19% of the
NAAQS level for PM10. The average value represents the
Louisiana air monitoring locations of Baton Rouge, New Orleans,
Chalmette, Shreveport, and Lafayette.
Compliance with the average statewide annual
PM2.5 standards is maintained with an average annual maximum
concentration of 10.8 ug/m\3\, which is below the average annual
primary standard for PM2.5 of 12 ug/m\3\.
The Baton Rouge Capitol air monitor is the only monitor
collecting samples and analyzing for Carbon Monoxide (CO). The 2014
annual average CO value was 0.26 ppm and the maximum monitored value
was 5.34 ppm which is below the 9 ppm standard (8 hour averaging time).
Since the list of exempted sources included in the proposed
revisions have historically operated without coverage by an air permit
and there are no anticipated increases in emissions or in the number of
these type of sources resulting from the approval of the exempted list
into the SIP, the EPA has determined the possibility of a low level of
potential impacts on ambient air quality as a result of the emission
sources and activities included in the proposed LAC 33:III section 501
exemptions list and this conclusion is supported by ambient air
monitoring trends in the State of Louisiana.
Our determination is consistent with our assessment of the
environmental insignificance of these emissions. In addition, the LDEQ
has been carrying out the minor NSR air permitting program based on the
codification of their permitting policy without any indication that
these permit exempted sources have interfered with attainment or
reasonable further progress or increased PSD increment. Therefore, the
EPA proposes to approve the exemptions lists in section 501 into the
Louisiana SIP.
Based on supporting air quality monitoring data documenting air
quality improvements throughout the State, the EPA proposes to approve
Section 501 containing the list of the exempted sources into the
Louisiana SIP since it meets the requirements of CAA section 110(l) and
since state agencies are provided the latitude to define the types and
sizes of facilities, buildings, structures, or installations subject to
review in accordance with 40 CFR 51.160(e). We believe the
implementation of this rule will not interfere with any applicable
requirement concerning attainment and reasonable further progress,
maintaining PSD increment, or any other applicable requirement of the
CAA.
III. Proposed Action
The EPA proposes approval of the identified sections of the
revisions to the air permitting procedures as submitted as revisions to
the Louisiana NSR SIP Permit program on November 15, 1993, November 10,
1994, July 25, 1997, June 22, 1998, June 27, 2003, May 5, 2006,
November 9, 2007, August 14, 2009, August 29, 2013, and November 3,
2014, submittals. The EPA has made the determination in accordance with
the CAA and the EPA regulations at 40 CFR 51.160-51.165. Therefore,
under section 110 and part C of the Act, and for the reasons presented
above and in our accompanying TSD, the EPA proposes approval of the
revisions to the Louisiana SIP identified in Table 2 below which
summarizes each regulatory citation that is affected by this action.
Table 2--Summary of Each Regulation That Is Affected by This Action
------------------------------------------------------------------------
Date
submitted to
Section EPA as SIP Affected regulation
amendment
------------------------------------------------------------------------
Section 501--Scope and Applicability
------------------------------------------------------------------------
Section 501.A.................. 11/15/1993 Sections 501.A.1. and
A.2.
Section 501.B.................. 11/15/1993 Sections 501.B.1.a.,
B.1.b., B.1.c., B.2.,
B.3., B.4., B.5.,
B.6., and B.7.
11/10/1994 Sections 501.B.5.A and
501.B.5.B.
6/22/1998 Sections 501.B.3.c. and
501.B.3.d.
6/27/2003 Section 501.B.5.
5/5/2006 Sections 501.B.5,
501.B.32, and 501.D.a.-
d.
11/3/2014 Sections 501.B.1.c.,
501.B.1.e.,
501.B.4.a.i., 501.B.5.
Table 1, and 501.B.8.
Section 501.C.................. 11/15/1993 Sections 501.C.1.,
C.2., C.3., C.4.,
C.5., C.6., C.7.,
C.8., and C.9.
5/5/2006 Section 501.C.1.
11/9/2007 Sections 501.C.11.,
C.12., and C.13.
[[Page 23237]]
8/14/2009 Section 501.C.1.
------------------------------------------------------------------------
Section 502--Definitions
------------------------------------------------------------------------
Section 502.................... 11/15/1993 Section 502
Definitions--Clean Air
Act, EPA, Final
Permit, Fugitive
Emissions, Permit
Revision, Permit
Renewal, Permitting
Authority, Potential
to Emit, Proposed
Permit, Stationary
Source.
Portions of definitions
as outlined in
Technical Support
Document for:
Emissions Unit,
Regulated Air
Pollutant, Responsible
Official, and title I
Modification.
11/3/2014 Section 502.A.
Definitions--Nonroad
Engine.
------------------------------------------------------------------------
Section 503--Minor Source Permit Requirements
------------------------------------------------------------------------
Section 503.A.................. 11/15/1993 Section 503.A.
Section 503.B.................. 11/15/1993 Sections 503.B.,
503.B.1., 503.B.2.,
and 503.B.3.
11/3/2014 Section 503.B.2.
------------------------------------------------------------------------
Section 504--Nonattainment New Source Review (NNSR) Procedures and
Offset Requirements in Specified Parishes
------------------------------------------------------------------------
504.A.......................... 11/3/2014 Sections 504.A.2.,
504.A.3., and 504.A.4.
504.D.......................... 11/3/2014 Section 504.D.5.
504.F.......................... 11/3/2014 Sections 504.F.1.,
504.F.2.
504.M.......................... 11/3/2014 Sections 504.M..,
504.M.1, 504.M.2.a.-
c., 504.M.3., and
504.M.4.
------------------------------------------------------------------------
Section 511--Emission Reductions
------------------------------------------------------------------------
Section 511.................... 11/15/1993 Section 511.
------------------------------------------------------------------------
Section 513--General Permits, Temporary Sources, and Relocation of
Portable Facilities
------------------------------------------------------------------------
Section 513.A.................. 11/15/1993 Sections 513.A.2.,
513.A.3., 513.A.4.,
and 513.A.5.
11/9/2007 Sections 513.A.2.,
513.A.6.
Section 513.B.................. 11/15/1993 Sections 513.B.1.,
B.2., B.3., and B.4.
Section 513.C.................. 11/15/1993 Sections 513.C.1.,
513.C.2., and 513.C.3.
------------------------------------------------------------------------
Section 515--Oil and Gas Wells and Pipelines Permitting Provisions
------------------------------------------------------------------------
Section 515.................... 11/15/1993 Section 515.
Section 515.A.................. 11/15/1993 Sections 515.A.1.,
515.A.2, 515.A.3.,
515.A.4., 515.A.5.
Section 515.B.................. 11/15/1993 Sections 515.B.1.,
515.B.2.
------------------------------------------------------------------------
Section 517--Permit Applications and Submittal of Information
------------------------------------------------------------------------
Section 517.A.................. 11/15/1993 Sections 517.A.,
517.A.1., 517.A.2.,
517.A.3.
6/22/1998 Section 517.A.3.
Section 517.B.................. 11/15/1993 Sections 517.B.,
517.B.1., 517.B.2.,
and 517.B.3.
Section 517.C.................. 11/15/1993 Section 517.C.
Section 517.D.................. 11/15/1993 Sections 517.D.,
517.D.1, 517.D.2.,
517.D.3., 517.D.4.,
517.D.5., 517.D.6.,
517.D.7., 517.D.8.,
517.D.9., 517.D.10.,
517.D.11., 517.D.12.,
517.D.13., 517.D.14.,
517.D.15., 517.D.16.,
517.D.17., and
517.D.18.
Section 517.E.................. 11/15/1993 Sections 517.E.,
517.E.1., 517.E.2.,
517.E.3., 517.E.4.,
517.E.5., 517.E.6.,
517.E.7., and 517.E.8.
Section 517.F.................. 11/15/1993 Sections 517.F.,
517.F.1., 517.F.2.,
517.F.3., 517.F.4.,
517.F.5., 517.F.6.,
517.F.7., and 517.F.8.
11/10/1994 Section 517.F.1.
7/25/1997 Section 517.F.
Section 517.G.................. 11/15/1993 Section 517.G.
5/5/06 Section 517.G.
------------------------------------------------------------------------
Section 519--Permit Issuance Procedures for New Facilities, Initial
Permits, Renewals and Significant Modifications
------------------------------------------------------------------------
Section 519.A.................. 11/15/1993 Sections 519.A.,
519.A.1., 519.A.2.,
519.A.3., and 519.A.4.
Section 519.B.................. 11/15/1993 Sections 519.B.,
519.B.1., and 519.B.2.
------------------------------------------------------------------------
Section 521--Administrative Amendments
------------------------------------------------------------------------
Section 521.A.................. 5/5/06 Section 521.A.3.
11/10/1994 Section 521.A.6.
------------------------------------------------------------------------
[[Page 23238]]
Section 523--Procedures for Incorporating Test Results
------------------------------------------------------------------------
Section 523.A.................. 11/15/1993 Sections 523.A.1. and
A.2.
11/3/2014 Section 523.A.1.b.
Section 523.B.................. 11/15/1993 Sections 523.B.1.,
B.2., B.3., and B.4.
8/29/2013 Sections 523.B.3.,
523.B.4., and 523.B.5.
------------------------------------------------------------------------
Section 525--Minor Modifications
------------------------------------------------------------------------
Section 525.A.................. 11/15/1993 Sections 525.A.,
525.A.1., 525.A.2.,
and 525.A.3.
Section 525.B.................. 11/15/1993 Sections 525.B.,
525.B.1., and 525.B.2.
------------------------------------------------------------------------
Section 527--Significant Modifications
------------------------------------------------------------------------
Section 527.A.................. 11/15/1993 Sections 527.A.,
527.A.1., 527.A.2.,
and 527.A.3.
11/10/1994 Sections 527.A.2.,
527.A.2.c.
Section 527.B.................. 11/15/1993 Sections 527.B.,
527.B.1., 527.B.2.,
527.B.3., 527.B.4.,
and 527.B.5.
11/10/1994 Section 527.B.
------------------------------------------------------------------------
Section 529--Reopenings for Cause
------------------------------------------------------------------------
Section 529.A.................. 11/15/1993 Sections 529.A.,
529.A.1., and 529.A.2.
Section 529.B.................. 11/15/1993 Sections 529.B.,
529.B.1., 529.B.2.,
529.B.3., and 529.B.4.
------------------------------------------------------------------------
Section 601--Purpose
------------------------------------------------------------------------
Section 601.A.................. 11/3/2014 Section 601.A.
------------------------------------------------------------------------
Section 603--Applicability
------------------------------------------------------------------------
Section 603.A.................. 11/3/2014 Section 603.A.
Section 603.B.................. 11/3/2014 Section 603.B.
------------------------------------------------------------------------
Section 605--Definitions
------------------------------------------------------------------------
Section 605.A.................. 11/3/2014 Section 605.A.
Definitions--Bankable
Emission Reductions
and Offset,
Repealed Definitions--
Base Case Inventory,
Base Line Inventory,
Current Total Point-
Source Emissions
Inventory, Modeled
Parishes.
------------------------------------------------------------------------
Section 607--Determination of Creditable Emission Reductions
------------------------------------------------------------------------
Section 607.C.................. 11/3/2014 Sections 607.C.,
607.C.1., and 607.C.4.
------------------------------------------------------------------------
Section 615--Schedule for Submitting Applications
------------------------------------------------------------------------
Section 615.B.................. 11/3/2014 Section 615.B.
------------------------------------------------------------------------
Section 619--Emission Reduction Credit Bank
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Section 619.A.................. 11/3/2014 Section 619.A.
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IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Louisiana regulations as described in the
Proposed Action section above. We have made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 6 office.
V. Statutory and Executive Order Reviews
Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities
[[Page 23239]]
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 7, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-08927 Filed 4-19-16; 8:45 am]
BILLING CODE 6560-50-P
