Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone National Ambient Air Quality Standards, 11931-11937 [2020-04065]
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
IV. Proposed Action
The EPA is proposing to approve
revisions to the Louisiana SIP that
control emissions of VOCs and pertain
to the removal of Stage II vapor recovery
equipment submitted on May 30, 2019.
Specifically, we are proposing to
approve revisions to subsections B–F
and J within LAC 33:III.2132 that
remove from the SIP, the requirement
for Stage II from the six parishes of
Ascension, East Baton Rouge, Iberville,
Livingston, Pointe Coupee, and West
Baton Rouge and related revisions that
address the removal of Stage II
equipment. We are proposing to find
that the SIP demonstrates that the
removal of Stage II equipment in the six
parishes meets section 110(l) of the Act.
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V. 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 in
hard copy at the EPA Region 6 office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
VI. 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));
• Is not an Executive Order 13771 (82
FR 9339 (February 2, 2017)) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255 (August 10,
1999));
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885 (April 23, 1997));
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355 (May 22, 2001));
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629 (February 16, 1994)).
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, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 20, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020–04064 Filed 2–27–20; 8:45 am]
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11931
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2019–0211; FRL–10005–
69–Region 6]
Air Plan Approval; Louisiana;
Infrastructure for the 2015 Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the EPA is
proposing to approve elements of two
State Implementation Plan (SIP)
submittals from Louisiana for the 2015
ozone (O3) National Ambient Air
Quality Standards (NAAQS). The
submittals address how the existing SIP
provides for the implementation,
maintenance and enforcement of the
2015 ozone NAAQS (infrastructure SIP
or i-SIP). The i-SIP ensures that the
Louisiana SIP is adequate to meet the
state’s responsibilities under the CAA
for this NAAQS.
DATES: Written comments must be
received on or before March 30, 2020.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R06–
OAR–2019–0211, at https://
www.regulations.gov or via email to
fuerst.sherry@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
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Sherry Fuerst, 214–665–6454,
fuerst.sherry@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/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
SUMMARY:
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www.regulations.gov and in hard copy
at the EPA Region 6, 1201 Elm Street,
Suite 500, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Sherry Fuerst, 214–665–6454,
fuerst.sherry@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Fuerst or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
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Under section 109 of the CAA, EPA
establishes NAAQS to protect human
health and public welfare. On October
26, 2015, the EPA revised the primary
and secondary 8-hour ozone NAAQS
from 0.075 ppm to 0.070 ppm to provide
increased protection of public health
and the environment (80 FR 65291). The
primary standards are set to protect
human health, while secondary
standards are set to protect public
welfare.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This particular type of SIP
submission is commonly referred to as
an ‘‘infrastructure SIP’’ or ‘‘i-SIP’’.
These submissions must meet the
various requirements of CAA section
110(a)(2), as applicable. Due to
ambiguity in some of the language of
CAA section 110(a)(2), EPA believes
that it is appropriate to interpret these
provisions in the specific context of
acting on infrastructure SIP
submissions. EPA has previously
provided comprehensive guidance on
the application of these provisions
through a guidance document for
infrastructure SIP submissions and
through regional actions on
infrastructure submissions.1 We are
following that existing approach in
acting on these submissions. In
1 EPA explains and elaborates on these
ambiguities and its approach to address them in its
September 13, 2013, Infrastructure SIP Guidance
(available at https://www3.epa.gov/airquality/
urbanair/sipstatus/docs/Guidance_on_
Infrastructure_SIP_Elements_Multipollutant_
FINAL_Sept_2013.pdf), as well as in numerous
agency actions, including EPA’s prior action on
Louisiana’s infrastructure SIP to address the 2006
PM2.5, 2008 Pb, 2008 O3, 2010 NO2, 2010 SO2 and
2012 PM2.5 NAAQS (81 FR 68322, October 4, 2016).
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addition, in the context of acting on
such infrastructure submissions, EPA
evaluates the submitting state’s SIP for
facial compliance with statutory and
regulatory requirements, not for the
state’s implementation of its SIP.2 The
EPA has other CAA authority to address
any issues concerning a state’s
implementation of the rules,
regulations, consent orders, etc. that
comprise its SIP.
The State of Louisiana’s i-SIP
certification, submitted on February 7,
2019, and the certification submitted on
November 8, 2019, intend to
demonstrate how the existing Louisiana
SIP meets the applicable CAA section
110(a)(2) requirements for the 2015
ozone NAAQS. Our technical evaluation
of these submittals is provided in the
Technical Support Document (TSD) for
this action.3
II. The EPA’s Evaluation of Louisiana’s
i-SIP
The State’s submissions on dated
February 7, 2019 and November 8, 2019
are intended to demonstrate how the
existing Louisiana SIP meets the
infrastructure requirements for the 2015
ozone NAAQS. The February 7, 2019
submission addresses most elements
pertaining to CAA section 110(a)(2)
requirements for the 2015 ozone
NAAQS, while the November 8, 2019
submission focuses on Section
110(a)(2)(D) requirements for the 2015
ozone NAAQS. We are not evaluating or
proposing action on portions of the
submissions pertaining to 110(a)(2)(D)(i)
as described below. As mentioned in the
previous section, a detailed discussion
of our evaluation can be found in the
TSD for this action, accessible through
www.regulations.gov (Docket No. EPA–
R06–OAR–2019–0211). Below is a
summary of the EPA’s evaluation of the
Louisiana i-SIP for each applicable
element of 110(a)(2)(A) through (M).
(A) Emission limits and other control
measures: The CAA section 110(a)(2)(A)
requires the SIP to include enforceable
emission limits and other control
measures, means or techniques
(including economic incentives such as
fees, marketable permits, and auctions
of emissions rights), as well as
schedules and timetables for
compliance, as may be necessary or
appropriate to meet the applicable
2 See U.S. Court of Appeals for the Ninth Circuit
decision in Montana Environmental Information
Center v. EPA, No. 16–71933, 16–17 (August 30,
2018) (Potential problems with actual
implementation are ‘‘better addressed at a different
time’’ via specific provisions set forth in the Clean
Air Act).
3 The TSD for this action can be accessed through
www.regulations.gov (Docket No. EPA–R06–OAR–
2019–0211).
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requirements of the Act and other
related matters as needed to implement,
maintain and enforce each of the
NAAQS.4
The Louisiana Air Control Law found
in the Louisiana Environmental Quality
Act at Louisiana Revised Statutes
(Louisiana Revised Statutes 30:2054 (La
R.S. 30:2054)) provides the Secretary of
the Louisiana Department of
Environmental Quality (LDEQ) with
broad legal authority. The Secretary can
adopt emission standards and
compliance schedules which are
applicable to regulated entities;
emission standards and limitations; and
any other measures necessary for
attainment and maintenance of national
standards. The Secretary can also
enforce applicable laws, regulations,
standards and compliance schedules,
and seek injunctive relief. This
authority has been employed in the past
to adopt and submit multiple revisions
to the Louisiana SIP. The approved SIP
for Louisiana is documented at 40 CFR
part 52.970, Subpart T.5 LDEQ’s air
quality rules and standards are codified
at Title 33, Part III of the Louisiana
Administrative Code (LAC 33:III). As
detailed in our TSD, numerous parts of
the regulations codified into LAC 33:III
necessary for implementing and
enforcing the NAAQS have been
adopted into the SIP.6
The EPA is therefore proposing to
find that the Louisiana SIP meets the
requirements of section 110(a)(2)(A) of
the CAA with respect to the 2015 ozone
NAAQS.
(B) Ambient air quality monitoring/
data system: Section 110(a)(2)(B) of the
CAA 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 the
EPA upon request.
La R.S. 30:2011(C)(1)(b) provides
LDEQ with the authority to collect air
quality monitoring data, quality-assure
the results, and report the data. LAC
4 The specific nonattainment area plan
requirements of CAA section 110(a)(2)(I) are subject
to the timing requirements of CAA section 172, not
the timing requirement of CAA section 110(a)(1).
Thus, CAA section 110(a)(2)(A) does not require
that states submit regulations or emissions limits
specifically for attaining the 2015 ozone NAAQS.
Those SIP provisions are due as part of each state’s
attainment plan, and will be addressed separately
from the requirements of CAA section 110(a)(2)(A).
In the context of an infrastructure SIP, the EPA is
not evaluating the existing SIP provisions for this
purpose. Instead, the EPA is only evaluating
whether the state’s SIP has basic structural
provisions for the implementation of the NAAQS.
5 https://www.ecfr.gov/cgi-bin/text-idx?SID=
6e98cdf87e1b896da1b0a8cc2d2f69d6&mc=
true&node=sp40.3.52.t&rgn=div6.
6 See the TSD for additional information.
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33:III.709 outlines the procedures for
the measurement of concentrations of
the NAAQS. LDEQ maintains and
operates a monitoring network to
measure levels of the pollutants in
accordance with EPA regulations
specifying siting and monitoring
requirements. All monitoring data is
measured using EPA approved methods
and is subject to the EPA quality
assurance requirements. LDEQ submits
all required data to EPA, consistent with
EPA regulations. The monitoring
network plan was approved into the SIP
and it undergoes recurrent annual
review by EPA.7 In addition, LDEQ
conducts a recurrent assessment of its
monitoring network every five years, as
required by EPA rules. The most recent
of these 5-year monitoring network
assessments was conducted by LDEQ
and approved by EPA.8 The LDEQ
website provides the monitor locations
and posts past and current
concentrations of criteria pollutants
measured in the State’s network of
monitors.9
In summary, Louisiana meets the
requirements to: Establish, operate, and
maintain an ambient air monitoring
network; collect and analyze the
monitoring data; and make the data
available to the EPA upon request. The
EPA is proposing to find that the current
Louisiana SIP meets the requirements of
CAA section 110(a)(2)(B) with respect to
the 2015 ozone NAAQS.
(C) Program for enforcement of
control measures: The SIP must include
the following three elements: (1) A
program providing for enforcement of
the measures in CAA section
110(a)(2)(A); (2) a minor new source
review (NSR) program for the regulation
of new and modified minor stationary
sources and minor modifications of new
major stationary sources as necessary to
protect the applicable NAAQS; and (3)
a major stationary source permit
program to meet the prevention of
significant deterioration (PSD)
permitting requirements of the CAA (for
areas designated as attainment or
unclassifiable for the NAAQS in
question). Each of these elements is
described in more detail in the TSD for
this action.
(1) Enforcement of SIP Measures. The
state must provide a program for
enforcement of the necessary control
7 A copy of the 2019 Annual Air Monitoring
Network Plan and EPA’s approval letter, October
21, 2019, are included in the docket for this
proposed rulemaking.
8 A copy of LDEQ’s 2015 5-year ambient
monitoring network assessment and EPA’s approval
letter, July 5, 2016, are included in the docket for
this proposed rulemaking.
9 See https://airquality.deq.louisiana.gov/.
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measures described in subparagraph
(A). As noted earlier, the Louisiana
Revised Statutes and implementing
regulations in the Louisiana
Administrative Code (LAC 33:III
Chapters 1, 5–7, 9, 11, 13–15 and 21–
23) provide authority for the LDEQ, and
its Secretary, to enforce the
requirements of the LAC, and any
regulations, permits, or final compliance
orders. These Louisiana Revised
Statutes and implementing regulations
in the Louisiana Administrative Code
also provide the LDEQ with general
enforcement powers. Among other
things, the La R. S. grants authority to
the LDEQ to file lawsuits to compel
compliance with the statutes and
regulations; commence civil actions;
conduct investigations of regulated
entities; collect criminal and civil
penalties; develop and enforce rules and
standards related to protection of air
quality; issue compliance orders; pursue
criminal prosecutions; investigate, enter
into remediation agreements; and issue
emergency cease and desist orders. The
LAC also provides additional
enforcement authorities and funding
mechanisms.
(2) Minor New Source Review. The
SIP is required to include measures to
regulate construction and modification
of minor stationary sources and minor
modifications to major stationary
sources to protect the NAAQS. As
detailed in the TSD, the Louisiana
minor NSR permitting requirements are
approved as part of the SIP at 30 LAC
Chapter 5.10
(3) Prevention of Significant
Deterioration (PSD) permit program.
The Louisiana PSD portion of the SIP
covers all NSR regulated pollutants as
well as the requirements for the 2015 O3
NAAQS.11
Based upon review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities and provisions referenced in
the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(C) are met.
10 In specifically approving this i-SIP element, we
note that EPA is not opening up for action any
provisions in the existing Louisiana minor NSR
program to the extent that it may be inconsistent
with EPA’s regulations governing this program. EPA
has maintained that the CAA does not require that
new infrastructure SIP submissions correct any
defects in existing EPA-approved provisions of
minor NSR programs in order for EPA to approve
the infrastructure SIP for element C (e.g., 76 FR
41076–41079, July 13, 2011). Louisiana submitted
a SIP revision on April 20, 2011. The revision was
acted on and approved into the SIP on August 4,
2016 (81 FR 51341). The statutory requirements of
section 110(a)(2)(C) provide for considerable
flexibility in designing minor NSR programs.
11 As discussed further in the TSD.
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(D) Interstate transport, and interstate
and international pollution abatement:
CAA section 110(a)(2)(D) has two
primary parts; section 110(a)(2)(D)(i)
and (ii). Section 110(a)(2)(D)(i) has four
sub-elements addressing interstate
transport of emissions as described
below.
Section 110(a)(2)(D)(i)(I):
Sub-element 1 requires the SIP must
prohibit emissions within Louisiana
from contributing significantly to the
nonattainment of the NAAQS in other
states, and;
Sub-element 2 requires the SIP
prohibit emissions within Louisiana
from interfering with the maintenance
of the NAAQS in other states.
Section 110(a)(2)(D)(i)(II):
Sub-element 3 requires the SIP must
prohibit emissions within Louisiana
from interfering with measures required
to prevent significant deterioration in
other states and;
Sub-element 4 requires the SIP must
prohibit emissions within Louisiana
from interfering with measures required
to protect visibility in other states.
CAA 110(a)(2)(D)(ii) requires that
states comply with the requirements
listed in sections 126 of the CAA which
is designed to aid in the abatement of
interstate pollution and 115 of the CAA
which were designed to aid in the
abatement of international pollution.
Section 115 authorizes the
Administrator to require a state to revise
its SIP under certain conditions to
alleviate international transport into
another country. Section 126(a) requires
new or modified sources to notify
neighboring states of potential impacts
from the source. Section 126(b) provides
that any state or political subdivision
may petition the Administrator for a
finding that a major source or group of
stationary sources emits or would emit
any air pollutant in violation of the
prohibition of section 110(a)(2)(D)(ii)
after public hearing. CAA 126(b) and (c)
could occur if (1) the Administrator has,
in response to a petition, made a finding
under section 126(b) that emissions
from a source or sources within the air
agency’s jurisdiction emit prohibited
amounts of air pollution relevant to the
new or revised NAAQS for which the
infrastructure SIP is being made; and (2)
under section 126(c), the Administrator
has required the source or sources to
cease construction, cease or reduce
operations, or comply with emissions
limitations and compliance schedule
requirements for continued operation.
At this time, we are proposing
approval that the SIP meets the
requirements sub-element 3 of Section
110(a)(2)(D)(i)(I). We are also proposing
approval that the SIP meets the
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requirements in 110(a)(2)(D)(ii), for both
the interstate and international
pollution abatement provisions. We
plan to act on the remaining subelements of Section 110(a)(2)(D)(i)(I) in
separate actions.
For 110(a)(2)(D)(i)(II), Louisiana has
EPA-approved PSD SIP provisions
which will limit Louisiana emissions
from new major sources or major
modifications, which will help ensure
that Louisiana will not significantly
contribute to nonattainment or interfere
with maintenance of the 2015 ozone
NAAQS in other states in the future. As
we have approved the Louisiana
comprehensive PSD program, we
propose to approve that the current SIP
meets CAA section 110(a)(2)(D)(i)(II)
sub-element 3 requirements.
CAA section 110(a)(2)(D)(ii) requires
that the SIP contain adequate provisions
insuring compliance with the applicable
requirements of section 126 (relating to
interstate pollution abatement) and
section 115 (relating to international
pollution abatement). As stated in their
submittal, Louisiana meets the section
126 requirements as (1) they have a fully
approved PSD SIP (81 FR 74923,
October 28, 2016), which includes
notification to neighboring air agencies
of potential impacts from each new or
modified major source, and (2) no
source or sources have been identified
by the EPA as having any interstate
impacts under CAA section 126 in any
pending action related to any air
pollutant.
There are no findings under section
115 of the CAA against Louisiana with
respect to the 2015 ozone NAAQS.
Based upon our review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities and provisions referenced in
the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(D)(ii) are met.
(E) Adequate authority, resources,
implementation, and oversight: CAA
section 110(a)(2)(E) requires that the SIP
provide for the following: (1) Necessary
assurances that the state (and other
entities within the state responsible for
implementing the SIP) will have
adequate personnel, funding, and
authority under state or local law to
implement the SIP, and that there are no
legal impediments to such
implementation; (2) compliance with
requirements relating to state boards as
required under section 128 of the CAA;
and (3) necessary assurances that the
state has responsibility for ensuring
adequate implementation of any plan
provision for which it relies on local
governments or other entities to carry
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out that portion of the plan. Both
subsections A and E of this action
address the requirement that there is
adequate authority and no legal
impediments to implement and enforce
the SIP.
The i-SIP submissions for the 2015
ozone NAAQS describe the SIP
regulations governing the various
functions of personnel within the LDEQ,
including the administrative, technical
support, planning, enforcement, and
permitting functions of the program.
The duties, powers and structure of
the LDEQ (described at La R.S.
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 La R.S. 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
Louisiana Environmental Quality Act.’’
There are Federal sources of funding
for the implementation of the NAAQS,
for example the CAA sections 103 and
105 provide 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, non-Title V permit
programs, and other inspections,
maintenance and renewals required of
other air pollution sources 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.’’ (La R.S. 30:2011.D.10).
The SIP approved rule at 33 LAC
Chapter 1, section 101 describes the
LDEQ as the State’s air pollution control
agency and describes its enforcement
authority, referencing the 1983
Louisiana Environmental Quality Act
(54 FR 9783, March 8, 1989).
As required by the CAA and the SIP,
the majority of the members that
compose any board or body which
approves permits or enforcement orders
must not derive any ‘‘significant
portion’’ of their income from persons
subject to permits and enforcement
orders or persons who appear before the
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board on issues related to the CAA or
the Louisiana Air Quality Rules (La. R.S.
30:2014.1). The members of the board or
body, or the head of an agency with
similar powers, are required to
adequately disclose any potential
conflicts of interest.
Louisiana has not delegated any
authority to implement any of the
provisions of its plan to local
governmental entities. The LDEQ acts as
the primary air pollution control
agency.
Based upon review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities 12 and provisions referenced
in the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(E) are met.
(F) Stationary source monitoring
system: CAA section 110(a)(2)(F)
requires that the SIP provide for the
establishment of a system to monitor
emissions from stationary sources and
to submit periodic emission reports.
Element F requires the installation,
maintenance, and replacement of
equipment, and the implementation of
other necessary steps, by owners or
operators of stationary sources, to
monitor emissions from such sources.
The SIP shall also require periodic
reports on the nature and amounts of
emissions and emissions-related data
from such sources and require that the
state correlate the source reports with
emission limitations or standards
established under the CAA. These
reports must be made available for
public inspection at reasonable times.
LAC 33:III Chapter 9 authorizes the
LDEQ to require persons engaged in
operations which result in air pollution
to monitor or test emissions and to file
reports containing information relating
to the nature and amount of emissions.
There are also SIP approved state
regulations pertaining to sampling and
testing and requirements for reporting of
emissions inventories (81 FR 4891
(January 28, 2016)). In addition, SIP
approved rules establish general
requirements for maintaining records
and reporting emissions.13
The LDEQ uses this information, in
addition to information obtained from
other sources, to track progress towards
maintaining the NAAQS, develop
12 Cited
in the TSD.
33:III Chapter 9 outlines the general
requirements for maintaining records and reporting.
There are also additional requirements provided in
the rules for each emission source, for example
Chapter 13 outlines the emission standard for
Particulate Matter where there are additional
recording keeping requirements for abrasive
blasting. All chapters are noted in the TSD.
13 LAC
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control and maintenance strategies,
identify sources and general emission
levels, and determine compliance with
SIP approved regulations and additional
EPA requirements. The SIP requires this
information be made available to the
public. Provisions concerning the
handling of confidential data and
proprietary business information are
included in the SIP approved
regulations. These rules specifically
exclude from confidential treatment any
records concerning the nature and
amount of emissions reported by
sources.
Based upon review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities and provisions referenced in
the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(F) are met.
(G) Emergency authority: CAA
section 110(a)(2)(G) requires a
demonstration that the state has the
authority to restrain any source from
causing imminent and substantial
endangerment to public health or
welfare or the environment. The SIP
must include an adequate contingency
plan to implement such authorities as
necessary.
La R.S. 30:2011.D.15 provides LDEQ
with the required authority to address
environmental emergencies, and LDEQ
has contingency plans to implement the
emergency episode provisions in the
SIP. The LDEQ promulgated the
‘‘Prevention of Air Pollution Emergency
Episodes,’’ which includes contingency
measures, and these provisions were
approved into the SIP in 1989 (54 FR
9783, March 8, 1989). The episode
criteria and contingency measures are
found in LAC 33.III Chapter 56.
Louisiana has general emergency
powers to address any possible
dangerous air pollution episode, if
necessary, to protect the environment
and public health.
Based upon review of the
infrastructure SIP submissions, the EPA
is proposing to find that the
requirements of CAA section
110(a)(2)(G) are met.
(H) Future SIP revisions: CAA
section 110(a)(2)(H) requires that states
must have the authority to revise their
SIPs in response to changes in the
NAAQS, availability of improved
methods for attaining the NAAQS, or in
response to an EPA finding that the SIP
is substantially inadequate to attain the
NAAQS.
La R.S. 30:2011 authorizes the LDEQ
to revise the Louisiana SIP, as
necessary, to account for revisions of an
existing NAAQS, establishment of a
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new NAAQS, to attain and maintain a
NAAQS, to abate air pollution, to adopt
more effective methods of attaining a
NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or
implementation.
Based upon review of the
infrastructure SIP submissions, the EPA
is proposing to find that the
requirements of CAA section
110(a)(2)(H) are met.
(I) Nonattainment areas: The CAA
section 110(a)(2)(I) requires that in the
case of a plan or plan revision for areas
designated as nonattainment areas,
states must meet applicable
requirements of part D of the CAA,
relating to SIP requirements for
designated nonattainment areas.
The EPA does not expect
infrastructure SIP submissions to
address element I. The specific SIP
submissions for designated
nonattainment areas, as required under
CAA title I, part D, are subject to
different submission schedules than
those for CAA section 110 infrastructure
elements. Instead, the EPA will take
action on part D attainment plan SIP
submissions through a separate
rulemaking process governed by the
requirements for nonattainment areas,
as described in part D.14
(J) Consultation with government
officials, public notification, PSD and
visibility protection: The SIP must meet
the following three CAA requirements:
(1) Section 121, relating to interagency
consultation regarding certain CAA
requirements; (2) section 127, relating to
public notification of NAAQS
exceedances and related issues; (3)
prevention of significant deterioration of
air quality and (4) visibility protection.
(1) Interagency consultation: As
discussed in detail in the TSD, both the
La R.S and LAC require a public hearing
before the adoption of any regulations or
emission control requirements, and all
interested persons are given a
reasonable opportunity to review the
action that is being proposed and to
submit data or arguments, either orally
or in writing, and to examine witnesses
testifying at the hearing (La R.S.
30:2011, LAC 33:III Chapter 5). This
means, among other things, that the SIP
revision public participation
requirements are met.
In addition, the La R.S provides the
LDEQ the power and duty to establish
cooperative agreements with local
authorities, and consult with other
states, the federal government and other
14 This infrastructure SIP rulemaking will not
address the Louisiana program for provisions
related to nonattainment areas, since EPA considers
evaluation of these provisions to be outside the
scope of infrastructure SIP actions.
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11935
interested persons or groups in regard to
matters of common interest in the field
of air quality control (La. R.S. 30:2032).
Furthermore, as found in LAC 33:III
Chapter 5, the Louisiana PSD SIP rules
mandate that the LDEQ provide for
public participation and notification
regarding permitting applications to any
other state or local air pollution control
agencies, local government officials of
the city or county where the source will
be located, tribal authorities, and
Federal Land Manager (FLMs) whose
lands may be affected by emissions from
the source or modification (LAC
33:III.509). Additionally, these rules
require the LDEQ to consult with FLMs
regarding permit applications for
sources with the potential to impact
Class I Federal Areas. The SIP also
includes a commitment to consult
continually with the FLMs on the
review and implementation of the
visibility program. Louisiana works
with the FLMs providing notification or
early consultation with a new or
modifying source prior to the
submission of a permit application and
with PSD projects. Likewise, the State’s
Transportation Conformity SIP rules
(LAC 3:III Chapter 13) provide for
interagency consultation, resolution of
conflicts, and public notification.
(2) Public Notification: On January 10,
1980, the Governor submitted a SIP
revision to the ambient monitoring
portion of the state implementation
plan. The revision was included into the
SIP on August 6, 1981 (46 FR 40005).
This portion of the SIP includes
requirements for public notification of
information related to air quality
standards violations included in 40 CFR
part 51 in order to meet the
requirements of Section 127 of the Act,
requiring LDEQ to regularly notify the
public of instances or areas in which
any NAAQS are exceeded, advise the
public of the health hazards associated
with such exceedances, and enhance
public awareness of measures that can
prevent such exceedances and ways in
which the public can participate in
efforts to improve air quality. In
addition, as discussed for infrastructure
element B above, the LDEQ air
monitoring website provides air quality
data for each of the monitoring stations
in Louisiana; this data is provided
instantaneously for certain pollutants,
such as ozone. The website also
provides information on the health
effects of lead, ozone, particulate matter,
and other criteria pollutants.15
15 Louisiana’s ambient air monitoring web page
includes links to the air monitoring sites, list of
monitoring sites mobile air monitoring lab
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(3) PSD: The PSD requirements for
this element are the same as those
addressed under element (C) above. As
was mentioned earlier, the State has a
PSD program, so this requirement has
been met.
(4) Visibility Protection: The
Louisiana SIP requirements relating to
visibility and regional haze do not
change when EPA establishes or revises
a NAAQS. Therefore, EPA believes that
there are no new visibility protection
requirements for Louisiana due to the
revision of the 2015 ozone NAAQS, and
consequently there are no newly
applicable visibility protection
obligations pursuant to infrastructure
element (J).
Based upon review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities and provisions referenced in
the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(J) are met.
(K) Air quality and modeling/data:
Element K requires that the SIP provide
for performing air quality modeling to
predict the effects on ambient air quality
from emissions of any NAAQS
pollutant, and for submission of such
data to the EPA upon request.
The LDEQ has the power and duty,
under La R.S. 30:2011 et seq. to employ
or provide scientific, technical,
administrative and operational services
necessary to carry out the duties of the
Department of Environmental Quality.
The LDEQ may, by contract, secure
services as it may deem necessary to
carry out the duties of the Department
of Environmental Quality. Past
modeling and emissions reductions
measures have been submitted by the
State and approved into the SIP.
Additionally, Louisiana has the ability
to perform modeling for primary and
secondary NAAQS as necessary
consistent with their SIP approved PSD
rules and with EPA issued guidance.
The La R.S. authorizes and requires
LDEQ to cooperate with the federal
government and local authorities
concerning matters of common interest
in the field of air quality control,
thereby allowing the agency to make
such submissions to the EPA. LAC
33:III.509.L(1) states that ‘‘all estimates
of ambient concentrations required
under this Subsection shall be based on
applicable air quality models, databases,
and other requirements specified in
Appendix W of 40 CFR part 51’’.
Based upon review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities and provisions referenced in
the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(K) are met.
(L) Permitting fees: The SIP must
require each major stationary source to
pay permitting fees to the permitting
authority, as a condition of any permit
required under CAA section 504, to
cover the cost of reviewing and acting
upon any application for such a permit,
and, if the permit is issued, the costs of
implementing and enforcing the terms
of the permit. The fee requirement
applies until a fee program established
by the state pursuant to Title V of the
CAA, relating to operating permits, is
approved by the EPA.
The State has met this requirement as
it has a fully developed fee system in
place which is outlined in LAC 33:III
Chapter 2 and is approved as part of the
SIP. See element (E) above for the
description of the mandatory collection
of permitting fees outlined in the SIP.
Based upon review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities and provisions referenced in
the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(L) are met.
(M) Consultation/participation by
affected local entities: CAA
section 110(a)(2)(M) requires that the
SIP must provide for consultation and
participation by local political
subdivisions affected by the SIP.
See the discussion for element (J)
above for a description of the SIP’s
public participation process, the
authority to advise and consult, and the
PSD SIP’s public participation
requirements. Additionally, the LDEQ
noted that La R.S. 30:2011(D)(21) also
requires initiation of cooperative action
between local authorities and the LDEQ,
between one local authority and
another, or among any combination of
local authorities and the LDEQ for
control of air pollution in areas having
related air pollution problems that
overlap the boundaries of political
subdivisions, and has authority to enter
into agreements and compacts with
adjoining states and Indian tribes, where
appropriate. The transportation
conformity component of the Louisiana
SIP requires that interagency
consultation and opportunity for public
involvement be provided before making
transportation conformity
determinations and before adopting
applicable SIP revisions on
transportation-related issues. (LAC
33:III.1434).
Based upon review of the SIP
submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory
authorities and provisions referenced in
the submissions or referenced in the
Louisiana SIP, the EPA is proposing to
find that the requirements of CAA
section 110(a)(2)(M) are met.
III. Proposed Action
The EPA is proposing to approve the
February 7, 2019 submittal, and
portions of the November 8, 2019
submittal for Louisiana pursuant to the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2015 ozone
NAAQS. Table 1 below outlines the
specific actions the EPA is proposing to
approve. As mentioned earlier in this
action, the EPA is not taking action on
portions of CAA section 110(a)(2)(D)(i)
for Louisiana for the 2015 ozone
NAAQS.
jbell on DSKJLSW7X2PROD with PROPOSALS
TABLE 1—PROPOSED ACTION ON LOUISIANA INFRASTRUCTURE SIP SUBMITTALS FOR THE 2015 OZONE NAAQS UNDER
CAA SECTION 110(a)(2)(A)–(M)
Element
2015 O3
(A): Emission limits and other control measures ....................................................................................................................................
(B): Ambient air quality monitoring and data system ..............................................................................................................................
(C)(i): Enforcement of SIP measures ......................................................................................................................................................
(C)(ii): PSD program for major sources and major modifications ...........................................................................................................
(C)(iii): Permitting program for minor sources and minor modifications .................................................................................................
(D)(i)(I): Prohibit emissions to other states which will (1) significantly contribute to nonattainment of the NAAQS, (2) interfere with
maintenance of the NAAQS .................................................................................................................................................................
A
A
A
A
A
information, guidance documents and other
monitoring information. The page may be found:
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https://www.deq.louisiana.gov/page/ambient-airmonitoring-program.
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TABLE 1—PROPOSED ACTION ON LOUISIANA INFRASTRUCTURE SIP SUBMITTALS FOR THE 2015 OZONE NAAQS UNDER
CAA SECTION 110(a)(2)(A)–(M)—Continued
Element
2015 O3
(D)(i)(II): Prohibit emissions to other states which will (3) interfere with PSD requirements .................................................................
(D)(i)(II): Prohibit emissions to other states which will (4) interfere with visibility protection ..................................................................
(D)(ii): Interstate Pollution Abatement and International Air Pollution ....................................................................................................
(E)(i): Adequate resources ......................................................................................................................................................................
(E)(ii): State boards .................................................................................................................................................................................
(E)(iii): Necessary assurances with respect to local agencies ................................................................................................................
(F): Stationary source monitoring system ...............................................................................................................................................
(G): Emergency power ............................................................................................................................................................................
(H): Future SIP revisions .........................................................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D ..................................................................................................................
(J)(i): Consultation with government officials ..........................................................................................................................................
(J)(ii): Public notification ..........................................................................................................................................................................
(J)(iii): PSD ..............................................................................................................................................................................................
(J)(iv): Visibility protection ........................................................................................................................................................................
(K): Air quality modeling and data ...........................................................................................................................................................
(L): Permitting fees ..................................................................................................................................................................................
(M): Consultation and participation by affected local entities .................................................................................................................
A
NA
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table:
A—Approve;
+—Not germane to infrastructure SIPs
NA—No action. EPA will take future action in a separate rulemaking action.
Based upon our review of these
infrastructure SIP submissions and
relevant statutory and regulatory
authorities and provisions referenced in
the State’s submissions or referenced in
the Louisiana SIP, the EPA finds that
Louisiana has the infrastructure in place
to address required elements of CAA
sections 110(a)(2)(A)–(C), (D)(i)(II) subelement 3, (D)(ii)–(H), and (J)–(M) to
ensure that the 2015 ozone NAAQS is
implemented throughout the State of
Louisiana.
jbell on DSKJLSW7X2PROD with PROPOSALS
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve SIP submissions
that comply with 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
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17:07 Feb 27, 2020
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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
PO 00000
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Fmt 4702
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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, Ozone, Incorporation
by reference, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 24, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020–04065 Filed 2–27–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BJ20
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 51
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Gulf of Mexico (Gulf)
Fishery Management Council (Council)
has submitted Amendment 51 to the
Fishery Management Plan for the Reef
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11931-11937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04065]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2019-0211; FRL-10005-69-Region 6]
Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the EPA is
proposing to approve elements of two State Implementation Plan (SIP)
submittals from Louisiana for the 2015 ozone (O3) National
Ambient Air Quality Standards (NAAQS). The submittals address how the
existing SIP provides for the implementation, maintenance and
enforcement of the 2015 ozone NAAQS (infrastructure SIP or i-SIP). The
i-SIP ensures that the Louisiana SIP is adequate to meet the state's
responsibilities under the CAA for this NAAQS.
DATES: Written comments must be received on or before March 30, 2020.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R06-
OAR-2019-0211, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Sherry Fuerst, 214-665-
6454, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at
[[Page 11932]]
www.regulations.gov and in hard copy at the EPA Region 6, 1201 Elm
Street, Suite 500, Dallas, Texas. While all documents in the docket are
listed in the index, some information may be publicly available only at
the hard copy location (e.g., copyrighted material), and some may not
be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, 214-665-6454,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Fuerst or Mr. Bill Deese at 214-665-
7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Under section 109 of the CAA, EPA establishes NAAQS to protect
human health and public welfare. On October 26, 2015, the EPA revised
the primary and secondary 8-hour ozone NAAQS from 0.075 ppm to 0.070
ppm to provide increased protection of public health and the
environment (80 FR 65291). The primary standards are set to protect
human health, while secondary standards are set to protect public
welfare.
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This
particular type of SIP submission is commonly referred to as an
``infrastructure SIP'' or ``i-SIP''. These submissions must meet the
various requirements of CAA section 110(a)(2), as applicable. Due to
ambiguity in some of the language of CAA section 110(a)(2), EPA
believes that it is appropriate to interpret these provisions in the
specific context of acting on infrastructure SIP submissions. EPA has
previously provided comprehensive guidance on the application of these
provisions through a guidance document for infrastructure SIP
submissions and through regional actions on infrastructure
submissions.\1\ We are following that existing approach in acting on
these submissions. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's SIP
for facial compliance with statutory and regulatory requirements, not
for the state's implementation of its SIP.\2\ The EPA has other CAA
authority to address any issues concerning a state's implementation of
the rules, regulations, consent orders, etc. that comprise its SIP.
---------------------------------------------------------------------------
\1\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013, Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Louisiana's infrastructure SIP to address the 2006
PM2.5, 2008 Pb, 2008 O3, 2010 NO2,
2010 SO2 and 2012 PM2.5 NAAQS (81 FR 68322,
October 4, 2016).
\2\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933, 16-17
(August 30, 2018) (Potential problems with actual implementation are
``better addressed at a different time'' via specific provisions set
forth in the Clean Air Act).
---------------------------------------------------------------------------
The State of Louisiana's i-SIP certification, submitted on February
7, 2019, and the certification submitted on November 8, 2019, intend to
demonstrate how the existing Louisiana SIP meets the applicable CAA
section 110(a)(2) requirements for the 2015 ozone NAAQS. Our technical
evaluation of these submittals is provided in the Technical Support
Document (TSD) for this action.\3\
---------------------------------------------------------------------------
\3\ The TSD for this action can be accessed through
www.regulations.gov (Docket No. EPA-R06-OAR-2019-0211).
---------------------------------------------------------------------------
II. The EPA's Evaluation of Louisiana's i-SIP
The State's submissions on dated February 7, 2019 and November 8,
2019 are intended to demonstrate how the existing Louisiana SIP meets
the infrastructure requirements for the 2015 ozone NAAQS. The February
7, 2019 submission addresses most elements pertaining to CAA section
110(a)(2) requirements for the 2015 ozone NAAQS, while the November 8,
2019 submission focuses on Section 110(a)(2)(D) requirements for the
2015 ozone NAAQS. We are not evaluating or proposing action on portions
of the submissions pertaining to 110(a)(2)(D)(i) as described below. As
mentioned in the previous section, a detailed discussion of our
evaluation can be found in the TSD for this action, accessible through
www.regulations.gov (Docket No. EPA-R06-OAR-2019-0211). Below is a
summary of the EPA's evaluation of the Louisiana i-SIP for each
applicable element of 110(a)(2)(A) through (M).
(A) Emission limits and other control measures: The CAA
section[thinsp]110(a)(2)(A) requires the SIP to include enforceable
emission limits and other control measures, means or techniques
(including economic incentives such as fees, marketable permits, and
auctions of emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the applicable
requirements of the Act and other related matters as needed to
implement, maintain and enforce each of the NAAQS.\4\
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\4\ The specific nonattainment area plan requirements of CAA
section 110(a)(2)(I) are subject to the timing requirements of CAA
section 172, not the timing requirement of CAA section 110(a)(1).
Thus, CAA section 110(a)(2)(A) does not require that states submit
regulations or emissions limits specifically for attaining the 2015
ozone NAAQS. Those SIP provisions are due as part of each state's
attainment plan, and will be addressed separately from the
requirements of CAA section 110(a)(2)(A). In the context of an
infrastructure SIP, the EPA is not evaluating the existing SIP
provisions for this purpose. Instead, the EPA is only evaluating
whether the state's SIP has basic structural provisions for the
implementation of the NAAQS.
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The Louisiana Air Control Law found in the Louisiana Environmental
Quality Act at Louisiana Revised Statutes (Louisiana Revised Statutes
30:2054 (La R.S. 30:2054)) provides the Secretary of the Louisiana
Department of Environmental Quality (LDEQ) with broad legal authority.
The Secretary can adopt emission standards and compliance schedules
which are applicable to regulated entities; emission standards and
limitations; and any other measures necessary for attainment and
maintenance of national standards. The Secretary can also enforce
applicable laws, regulations, standards and compliance schedules, and
seek injunctive relief. This authority has been employed in the past to
adopt and submit multiple revisions to the Louisiana SIP. The approved
SIP for Louisiana is documented at 40 CFR part 52.970, Subpart T.\5\
LDEQ's air quality rules and standards are codified at Title 33, Part
III of the Louisiana Administrative Code (LAC 33:III). As detailed in
our TSD, numerous parts of the regulations codified into LAC 33:III
necessary for implementing and enforcing the NAAQS have been adopted
into the SIP.\6\
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\5\ https://www.ecfr.gov/cgi-bin/text-idx?SID=6e98cdf87e1b896da1b0a8cc2d2f69d6&mc=true&node=sp40.3.52.t&rgn=div6.
\6\ See the TSD for additional information.
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The EPA is therefore proposing to find that the Louisiana SIP meets
the requirements of section 110(a)(2)(A) of the CAA with respect to the
2015 ozone NAAQS.
(B) Ambient air quality monitoring/data system: Section
110(a)(2)(B) of the CAA 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 the EPA upon request.
La R.S. 30:2011(C)(1)(b) provides LDEQ with the authority to
collect air quality monitoring data, quality-assure the results, and
report the data. LAC
[[Page 11933]]
33:III.709 outlines the procedures for the measurement of
concentrations of the NAAQS. LDEQ maintains and operates a monitoring
network to measure levels of the pollutants in accordance with EPA
regulations specifying siting and monitoring requirements. All
monitoring data is measured using EPA approved methods and is subject
to the EPA quality assurance requirements. LDEQ submits all required
data to EPA, consistent with EPA regulations. The monitoring network
plan was approved into the SIP and it undergoes recurrent annual review
by EPA.\7\ In addition, LDEQ conducts a recurrent assessment of its
monitoring network every five years, as required by EPA rules. The most
recent of these 5-year monitoring network assessments was conducted by
LDEQ and approved by EPA.\8\ The LDEQ website provides the monitor
locations and posts past and current concentrations of criteria
pollutants measured in the State's network of monitors.\9\
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\7\ A copy of the 2019 Annual Air Monitoring Network Plan and
EPA's approval letter, October 21, 2019, are included in the docket
for this proposed rulemaking.
\8\ A copy of LDEQ's 2015 5-year ambient monitoring network
assessment and EPA's approval letter, July 5, 2016, are included in
the docket for this proposed rulemaking.
\9\ See https://airquality.deq.louisiana.gov/.
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In summary, Louisiana meets the requirements to: Establish,
operate, and maintain an ambient air monitoring network; collect and
analyze the monitoring data; and make the data available to the EPA
upon request. The EPA is proposing to find that the current Louisiana
SIP meets the requirements of CAA section 110(a)(2)(B) with respect to
the 2015 ozone NAAQS.
(C) Program for enforcement of control measures: The SIP must
include the following three elements: (1) A program providing for
enforcement of the measures in CAA section 110(a)(2)(A); (2) a minor
new source review (NSR) program for the regulation of new and modified
minor stationary sources and minor modifications of new major
stationary sources as necessary to protect the applicable NAAQS; and
(3) a major stationary source permit program to meet the prevention of
significant deterioration (PSD) permitting requirements of the CAA (for
areas designated as attainment or unclassifiable for the NAAQS in
question). Each of these elements is described in more detail in the
TSD for this action.
(1) Enforcement of SIP Measures. The state must provide a program
for enforcement of the necessary control measures described in
subparagraph (A). As noted earlier, the Louisiana Revised Statutes and
implementing regulations in the Louisiana Administrative Code (LAC
33:III Chapters 1, 5-7, 9, 11, 13-15 and 21-23) provide authority for
the LDEQ, and its Secretary, to enforce the requirements of the LAC,
and any regulations, permits, or final compliance orders. These
Louisiana Revised Statutes and implementing regulations in the
Louisiana Administrative Code also provide the LDEQ with general
enforcement powers. Among other things, the La R. S. grants authority
to the LDEQ to file lawsuits to compel compliance with the statutes and
regulations; commence civil actions; conduct investigations of
regulated entities; collect criminal and civil penalties; develop and
enforce rules and standards related to protection of air quality; issue
compliance orders; pursue criminal prosecutions; investigate, enter
into remediation agreements; and issue emergency cease and desist
orders. The LAC also provides additional enforcement authorities and
funding mechanisms.
(2) Minor New Source Review. The SIP is required to include
measures to regulate construction and modification of minor stationary
sources and minor modifications to major stationary sources to protect
the NAAQS. As detailed in the TSD, the Louisiana minor NSR permitting
requirements are approved as part of the SIP at 30 LAC Chapter 5.\10\
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\10\ In specifically approving this i-SIP element, we note that
EPA is not opening up for action any provisions in the existing
Louisiana minor NSR program to the extent that it may be
inconsistent with EPA's regulations governing this program. EPA has
maintained that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs in order for EPA to approve the infrastructure
SIP for element C (e.g., 76 FR 41076-41079, July 13, 2011).
Louisiana submitted a SIP revision on April 20, 2011. The revision
was acted on and approved into the SIP on August 4, 2016 (81 FR
51341). The statutory requirements of section 110(a)(2)(C) provide
for considerable flexibility in designing minor NSR programs.
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(3) Prevention of Significant Deterioration (PSD) permit program.
The Louisiana PSD portion of the SIP covers all NSR regulated
pollutants as well as the requirements for the 2015 O3
NAAQS.\11\
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\11\ As discussed further in the TSD.
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Based upon review of the SIP submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory authorities and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(C) are met.
(D) Interstate transport, and interstate and international
pollution abatement: CAA section 110(a)(2)(D) has two primary parts;
section 110(a)(2)(D)(i) and (ii). Section 110(a)(2)(D)(i) has four sub-
elements addressing interstate transport of emissions as described
below.
Section 110(a)(2)(D)(i)(I):
Sub-element 1 requires the SIP must prohibit emissions within
Louisiana from contributing significantly to the nonattainment of the
NAAQS in other states, and;
Sub-element 2 requires the SIP prohibit emissions within Louisiana
from interfering with the maintenance of the NAAQS in other states.
Section 110(a)(2)(D)(i)(II):
Sub-element 3 requires the SIP must prohibit emissions within
Louisiana from interfering with measures required to prevent
significant deterioration in other states and;
Sub-element 4 requires the SIP must prohibit emissions within
Louisiana from interfering with measures required to protect visibility
in other states.
CAA 110(a)(2)(D)(ii) requires that states comply with the
requirements listed in sections 126 of the CAA which is designed to aid
in the abatement of interstate pollution and 115 of the CAA which were
designed to aid in the abatement of international pollution. Section
115 authorizes the Administrator to require a state to revise its SIP
under certain conditions to alleviate international transport into
another country. Section 126(a) requires new or modified sources to
notify neighboring states of potential impacts from the source. Section
126(b) provides that any state or political subdivision may petition
the Administrator for a finding that a major source or group of
stationary sources emits or would emit any air pollutant in violation
of the prohibition of section 110(a)(2)(D)(ii) after public hearing.
CAA 126(b) and (c) could occur if (1) the Administrator has, in
response to a petition, made a finding under section 126(b) that
emissions from a source or sources within the air agency's jurisdiction
emit prohibited amounts of air pollution relevant to the new or revised
NAAQS for which the infrastructure SIP is being made; and (2) under
section 126(c), the Administrator has required the source or sources to
cease construction, cease or reduce operations, or comply with
emissions limitations and compliance schedule requirements for
continued operation.
At this time, we are proposing approval that the SIP meets the
requirements sub-element 3 of Section 110(a)(2)(D)(i)(I). We are also
proposing approval that the SIP meets the
[[Page 11934]]
requirements in 110(a)(2)(D)(ii), for both the interstate and
international pollution abatement provisions. We plan to act on the
remaining sub-elements of Section 110(a)(2)(D)(i)(I) in separate
actions.
For 110(a)(2)(D)(i)(II), Louisiana has EPA-approved PSD SIP
provisions which will limit Louisiana emissions from new major sources
or major modifications, which will help ensure that Louisiana will not
significantly contribute to nonattainment or interfere with maintenance
of the 2015 ozone NAAQS in other states in the future. As we have
approved the Louisiana comprehensive PSD program, we propose to approve
that the current SIP meets CAA section 110(a)(2)(D)(i)(II) sub-element
3 requirements.
CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate
provisions insuring compliance with the applicable requirements of
section 126 (relating to interstate pollution abatement) and section
115 (relating to international pollution abatement). As stated in their
submittal, Louisiana meets the section 126 requirements as (1) they
have a fully approved PSD SIP (81 FR 74923, October 28, 2016), which
includes notification to neighboring air agencies of potential impacts
from each new or modified major source, and (2) no source or sources
have been identified by the EPA as having any interstate impacts under
CAA section 126 in any pending action related to any air pollutant.
There are no findings under section 115 of the CAA against
Louisiana with respect to the 2015 ozone NAAQS.
Based upon our review of the SIP submissions for the 2015 ozone
NAAQS and relevant statutory and regulatory authorities and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(D)(ii) are met.
(E) Adequate authority, resources, implementation, and oversight:
CAA section 110(a)(2)(E) requires that the SIP provide for the
following: (1) Necessary assurances that the state (and other entities
within the state responsible for implementing the SIP) will have
adequate personnel, funding, and authority under state or local law to
implement the SIP, and that there are no legal impediments to such
implementation; (2) compliance with requirements relating to state
boards as required under section 128 of the CAA; and (3) necessary
assurances that the state has responsibility for ensuring adequate
implementation of any plan provision for which it relies on local
governments or other entities to carry out that portion of the plan.
Both subsections A and E of this action address the requirement that
there is adequate authority and no legal impediments to implement and
enforce the SIP.
The i-SIP submissions for the 2015 ozone NAAQS describe the SIP
regulations governing the various functions of personnel within the
LDEQ, including the administrative, technical support, planning,
enforcement, and permitting functions of the program.
The duties, powers and structure of the LDEQ (described at La R.S.
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 La R.S.
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 Louisiana Environmental Quality Act.''
There are Federal sources of funding for the implementation of the
NAAQS, for example the CAA sections 103 and 105 provide 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, non-Title V permit programs, and other
inspections, maintenance and renewals required of other air pollution
sources 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.'' (La R.S. 30:2011.D.10). The SIP
approved rule at 33 LAC Chapter 1, section 101 describes the LDEQ as
the State's air pollution control agency and describes its enforcement
authority, referencing the 1983 Louisiana Environmental Quality Act (54
FR 9783, March 8, 1989).
As required by the CAA and the SIP, the majority of the members
that compose any board or body which approves permits or enforcement
orders must not derive any ``significant portion'' of their income from
persons subject to permits and enforcement orders or persons who appear
before the board on issues related to the CAA or the Louisiana Air
Quality Rules (La. R.S. 30:2014.1). The members of the board or body,
or the head of an agency with similar powers, are required to
adequately disclose any potential conflicts of interest.
Louisiana has not delegated any authority to implement any of the
provisions of its plan to local governmental entities. The LDEQ acts as
the primary air pollution control agency.
Based upon review of the SIP submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory authorities \12\ and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(E) are met.
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\12\ Cited in the TSD.
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(F) Stationary source monitoring system: CAA
section[thinsp]110(a)(2)(F) requires that the SIP provide for the
establishment of a system to monitor emissions from stationary sources
and to submit periodic emission reports. Element F requires the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from such sources. The SIP
shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources and require that
the state correlate the source reports with emission limitations or
standards established under the CAA. These reports must be made
available for public inspection at reasonable times.
LAC 33:III Chapter 9 authorizes the LDEQ to require persons engaged
in operations which result in air pollution to monitor or test
emissions and to file reports containing information relating to the
nature and amount of emissions. There are also SIP approved state
regulations pertaining to sampling and testing and requirements for
reporting of emissions inventories (81 FR 4891 (January 28, 2016)). In
addition, SIP approved rules establish general requirements for
maintaining records and reporting emissions.\13\
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\13\ LAC 33:III Chapter 9 outlines the general requirements for
maintaining records and reporting. There are also additional
requirements provided in the rules for each emission source, for
example Chapter 13 outlines the emission standard for Particulate
Matter where there are additional recording keeping requirements for
abrasive blasting. All chapters are noted in the TSD.
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The LDEQ uses this information, in addition to information obtained
from other sources, to track progress towards maintaining the NAAQS,
develop
[[Page 11935]]
control and maintenance strategies, identify sources and general
emission levels, and determine compliance with SIP approved regulations
and additional EPA requirements. The SIP requires this information be
made available to the public. Provisions concerning the handling of
confidential data and proprietary business information are included in
the SIP approved regulations. These rules specifically exclude from
confidential treatment any records concerning the nature and amount of
emissions reported by sources.
Based upon review of the SIP submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory authorities and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(F) are met.
(G) Emergency authority: CAA section[thinsp]110(a)(2)(G) requires a
demonstration that the state has the authority to restrain any source
from causing imminent and substantial endangerment to public health or
welfare or the environment. The SIP must include an adequate
contingency plan to implement such authorities as necessary.
La R.S. 30:2011.D.15 provides LDEQ with the required authority to
address environmental emergencies, and LDEQ has contingency plans to
implement the emergency episode provisions in the SIP. The LDEQ
promulgated the ``Prevention of Air Pollution Emergency Episodes,''
which includes contingency measures, and these provisions were approved
into the SIP in 1989 (54 FR 9783, March 8, 1989). The episode criteria
and contingency measures are found in LAC 33.III Chapter 56.
Louisiana has general emergency powers to address any possible
dangerous air pollution episode, if necessary, to protect the
environment and public health.
Based upon review of the infrastructure SIP submissions, the EPA is
proposing to find that the requirements of CAA section 110(a)(2)(G) are
met.
(H) Future SIP revisions: CAA section[thinsp]110(a)(2)(H) requires
that states must have the authority to revise their SIPs in response to
changes in the NAAQS, availability of improved methods for attaining
the NAAQS, or in response to an EPA finding that the SIP is
substantially inadequate to attain the NAAQS.
La R.S. 30:2011 authorizes the LDEQ to revise the Louisiana SIP, as
necessary, to account for revisions of an existing NAAQS, establishment
of a new NAAQS, to attain and maintain a NAAQS, to abate air pollution,
to adopt more effective methods of attaining a NAAQS, and to respond to
EPA SIP calls concerning NAAQS adoption or implementation.
Based upon review of the infrastructure SIP submissions, the EPA is
proposing to find that the requirements of CAA section 110(a)(2)(H) are
met.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
The EPA does not expect infrastructure SIP submissions to address
element I. The specific SIP submissions for designated nonattainment
areas, as required under CAA title I, part D, are subject to different
submission schedules than those for CAA section 110 infrastructure
elements. Instead, the EPA will take action on part D attainment plan
SIP submissions through a separate rulemaking process governed by the
requirements for nonattainment areas, as described in part D.\14\
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\14\ This infrastructure SIP rulemaking will not address the
Louisiana program for provisions related to nonattainment areas,
since EPA considers evaluation of these provisions to be outside the
scope of infrastructure SIP actions.
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(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency consultation
regarding certain CAA requirements; (2) section 127, relating to public
notification of NAAQS exceedances and related issues; (3) prevention of
significant deterioration of air quality and (4) visibility protection.
(1) Interagency consultation: As discussed in detail in the TSD,
both the La R.S and LAC require a public hearing before the adoption of
any regulations or emission control requirements, and all interested
persons are given a reasonable opportunity to review the action that is
being proposed and to submit data or arguments, either orally or in
writing, and to examine witnesses testifying at the hearing (La R.S.
30:2011, LAC 33:III Chapter 5). This means, among other things, that
the SIP revision public participation requirements are met.
In addition, the La R.S provides the LDEQ the power and duty to
establish cooperative agreements with local authorities, and consult
with other states, the federal government and other interested persons
or groups in regard to matters of common interest in the field of air
quality control (La. R.S. 30:2032). Furthermore, as found in LAC 33:III
Chapter 5, the Louisiana PSD SIP rules mandate that the LDEQ provide
for public participation and notification regarding permitting
applications to any other state or local air pollution control
agencies, local government officials of the city or county where the
source will be located, tribal authorities, and Federal Land Manager
(FLMs) whose lands may be affected by emissions from the source or
modification (LAC 33:III.509). Additionally, these rules require the
LDEQ to consult with FLMs regarding permit applications for sources
with the potential to impact Class I Federal Areas. The SIP also
includes a commitment to consult continually with the FLMs on the
review and implementation of the visibility program. Louisiana works
with the FLMs providing notification or early consultation with a new
or modifying source prior to the submission of a permit application and
with PSD projects. Likewise, the State's Transportation Conformity SIP
rules (LAC 3:III Chapter 13) provide for interagency consultation,
resolution of conflicts, and public notification.
(2) Public Notification: On January 10, 1980, the Governor
submitted a SIP revision to the ambient monitoring portion of the state
implementation plan. The revision was included into the SIP on August
6, 1981 (46 FR 40005). This portion of the SIP includes requirements
for public notification of information related to air quality standards
violations included in 40 CFR part 51 in order to meet the requirements
of Section 127 of the Act, requiring LDEQ to regularly notify the
public of instances or areas in which any NAAQS are exceeded, advise
the public of the health hazards associated with such exceedances, and
enhance public awareness of measures that can prevent such exceedances
and ways in which the public can participate in efforts to improve air
quality. In addition, as discussed for infrastructure element B above,
the LDEQ air monitoring website provides air quality data for each of
the monitoring stations in Louisiana; this data is provided
instantaneously for certain pollutants, such as ozone. The website also
provides information on the health effects of lead, ozone, particulate
matter, and other criteria pollutants.\15\
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\15\ Louisiana's ambient air monitoring web page includes links
to the air monitoring sites, list of monitoring sites mobile air
monitoring lab information, guidance documents and other monitoring
information. The page may be found: https://www.deq.louisiana.gov/page/ambient-air-monitoring-program.
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[[Page 11936]]
(3) PSD: The PSD requirements for this element are the same as
those addressed under element (C) above. As was mentioned earlier, the
State has a PSD program, so this requirement has been met.
(4) Visibility Protection: The Louisiana SIP requirements relating
to visibility and regional haze do not change when EPA establishes or
revises a NAAQS. Therefore, EPA believes that there are no new
visibility protection requirements for Louisiana due to the revision of
the 2015 ozone NAAQS, and consequently there are no newly applicable
visibility protection obligations pursuant to infrastructure element
(J).
Based upon review of the SIP submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory authorities and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(J) are met.
(K) Air quality and modeling/data: Element K requires that the SIP
provide for performing air quality modeling to predict the effects on
ambient air quality from emissions of any NAAQS pollutant, and for
submission of such data to the EPA upon request.
The LDEQ has the power and duty, under La R.S. 30:2011 et seq. to
employ or provide scientific, technical, administrative and operational
services necessary to carry out the duties of the Department of
Environmental Quality. The LDEQ may, by contract, secure services as it
may deem necessary to carry out the duties of the Department of
Environmental Quality. Past modeling and emissions reductions measures
have been submitted by the State and approved into the SIP.
Additionally, Louisiana has the ability to perform modeling for primary
and secondary NAAQS as necessary consistent with their SIP approved PSD
rules and with EPA issued guidance.
The La R.S. authorizes and requires LDEQ to cooperate with the
federal government and local authorities concerning matters of common
interest in the field of air quality control, thereby allowing the
agency to make such submissions to the EPA. LAC 33:III.509.L(1) states
that ``all estimates of ambient concentrations required under this
Subsection shall be based on applicable air quality models, databases,
and other requirements specified in Appendix W of 40 CFR part 51''.
Based upon review of the SIP submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory authorities and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(K) are met.
(L) Permitting fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under CAA section 504, to cover the
cost of reviewing and acting upon any application for such a permit,
and, if the permit is issued, the costs of implementing and enforcing
the terms of the permit. The fee requirement applies until a fee
program established by the state pursuant to Title V of the CAA,
relating to operating permits, is approved by the EPA.
The State has met this requirement as it has a fully developed fee
system in place which is outlined in LAC 33:III Chapter 2 and is
approved as part of the SIP. See element (E) above for the description
of the mandatory collection of permitting fees outlined in the SIP.
Based upon review of the SIP submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory authorities and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(L) are met.
(M) Consultation/participation by affected local entities: CAA
section[thinsp]110(a)(2)(M) requires that the SIP must provide for
consultation and participation by local political subdivisions affected
by the SIP.
See the discussion for element (J) above for a description of the
SIP's public participation process, the authority to advise and
consult, and the PSD SIP's public participation requirements.
Additionally, the LDEQ noted that La R.S. 30:2011(D)(21) also requires
initiation of cooperative action between local authorities and the
LDEQ, between one local authority and another, or among any combination
of local authorities and the LDEQ for control of air pollution in areas
having related air pollution problems that overlap the boundaries of
political subdivisions, and has authority to enter into agreements and
compacts with adjoining states and Indian tribes, where appropriate.
The transportation conformity component of the Louisiana SIP requires
that interagency consultation and opportunity for public involvement be
provided before making transportation conformity determinations and
before adopting applicable SIP revisions on transportation-related
issues. (LAC 33:III.1434).
Based upon review of the SIP submissions for the 2015 ozone NAAQS
and relevant statutory and regulatory authorities and provisions
referenced in the submissions or referenced in the Louisiana SIP, the
EPA is proposing to find that the requirements of CAA section
110(a)(2)(M) are met.
III. Proposed Action
The EPA is proposing to approve the February 7, 2019 submittal, and
portions of the November 8, 2019 submittal for Louisiana pursuant to
the requirements of CAA sections 110(a)(1) and (2) as applicable to the
2015 ozone NAAQS. Table 1 below outlines the specific actions the EPA
is proposing to approve. As mentioned earlier in this action, the EPA
is not taking action on portions of CAA section 110(a)(2)(D)(i) for
Louisiana for the 2015 ozone NAAQS.
Table 1--Proposed Action on Louisiana Infrastructure SIP Submittals for
the 2015 Ozone NAAQS Under CAA Section 110(a)(2)(A)-(M)
------------------------------------------------------------------------
Element 2015 O3
------------------------------------------------------------------------
(A): Emission limits and other control measures........... A
(B): Ambient air quality monitoring and data system....... A
(C)(i): Enforcement of SIP measures....................... A
(C)(ii): PSD program for major sources and major A
modifications............................................
(C)(iii): Permitting program for minor sources and minor A
modifications............................................
(D)(i)(I): Prohibit emissions to other states which will NA
(1) significantly contribute to nonattainment of the
NAAQS, (2) interfere with maintenance of the NAAQS.......
[[Page 11937]]
(D)(i)(II): Prohibit emissions to other states which will A
(3) interfere with PSD requirements......................
(D)(i)(II): Prohibit emissions to other states which will NA
(4) interfere with visibility protection.................
(D)(ii): Interstate Pollution Abatement and International A
Air Pollution............................................
(E)(i): Adequate resources................................ A
(E)(ii): State boards..................................... A
(E)(iii): Necessary assurances with respect to local A
agencies.................................................
(F): Stationary source monitoring system.................. A
(G): Emergency power...................................... A
(H): Future SIP revisions................................. A
(I): Nonattainment area plan or plan revisions under part +
D........................................................
(J)(i): Consultation with government officials............ A
(J)(ii): Public notification.............................. A
(J)(iii): PSD............................................. A
(J)(iv): Visibility protection............................ +
(K): Air quality modeling and data........................ A
(L): Permitting fees...................................... A
(M): Consultation and participation by affected local A
entities.................................................
------------------------------------------------------------------------
Key to Table:
A--Approve;
+--Not germane to infrastructure SIPs
NA--No action. EPA will take future action in a separate rulemaking
action.
Based upon our review of these infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in the State's submissions or referenced in the Louisiana SIP, the EPA
finds that Louisiana has the infrastructure in place to address
required elements of CAA sections 110(a)(2)(A)-(C), (D)(i)(II) sub-
element 3, (D)(ii)-(H), and (J)-(M) to ensure that the 2015 ozone NAAQS
is implemented throughout the State of Louisiana.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve SIP
submissions that comply with 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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, Ozone,
Incorporation by reference, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 24, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-04065 Filed 2-27-20; 8:45 am]
BILLING CODE 6560-50-P
