21682 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules 

Dated: April 6, 2011. 

J.C. McGuiness, 

Captain, U.S. Coast Guard, Captain of the 

Port Sault Sainte Marie. 

[FR Doc. 2011–9148 Filed 4–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0635; FRL–9296–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Section 110(a)(2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone and Fine 

Particulate Matter National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the State of Louisiana 

pursuant to the Clean Air Act (CAA or 

Act) that address the infrastructure 

elements specified in the CAA section 

110(a)(2), necessary to implement, 

maintain, and enforce the 1997 8-hour 

ozone and 1997 fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS or standards). We 

are proposing to find that the current 

Louisiana State Implementation Plan 

(SIP) meets the following infrastructure 

elements for the 1997 8-hour ozone 

NAAQS and the 1997 PM2.5 NAAQS: 

110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). EPA is also 

proposing to approve SIP revisions that 

modify Louisiana’s PSD SIP for the 1997 

8-hour ozone NAAQS to include 

nitrogen oxides (NOX) as an ozone 

precursor. This action is being taken 

under section 110 and part C of the Act. 

DATES: Comments must be received on 

or before May 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2008–0635, by one of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6comment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2008– 

0635. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov, or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202. 

The State submittal is also available 

for public inspection during official 

business hours by appointment: 

Louisiana Department of Environmental 

Quality (LDEQ), Office of 

Environmental Quality Assessment, 602 

N. Fifth Street, Baton Rouge, Louisiana 

70802. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Paige, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–6521; fax number 

214–665–6762; e-mail address 

paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background 

A. What are the national ambient air 

quality standards? 

B. What is a SIP? 

C. What is the background for this 

rulemaking? 

a. Section 110(a)(1) and (2) 

b. Revisions to Louisiana’s SIP 

c. Greenhouse Gas (GHG) Component of 

PSD Programs 

D. What elements are required under 

Section 110(a)(2)? 

II. What action is EPA proposing? 

III. How has Louisiana addressed the 

elements of section 110(a)(2)? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. What are the national ambient air 

quality standards? 

Section 109 of the Act requires EPA 

to establish NAAQS for pollutants that 


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1Two elements identified in section 110(a)(2) are 

not governed by the 3-year submission deadline of 

section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within 3 years after promulgation of a new or 

revised NAAQS, but rather are due at the time the 

nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (i) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA and (ii) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D Title I of the CAA. Therefore, this action 

does not cover these specific SIP elements. This 

action also does not pertain to section 

110(a)(2)(D)(i). EPA previously approved the State’s 

110(a)(2)(D)(i) submission (72 FR 55064, September 

28, 2007). 

2EPA issued a revised 8-hour ozone standard on 

March 27, 2008 (73 FR 16436). On September 16, 

2009, the EPA Administrator announced that EPA 

would take rulemaking action to reconsider the 

2008 primary and secondary ozone NAAQS. On 

January 19, 2010, EPA proposed to set different 

primary and secondary ozone standards than those 

set in 2008 to provide requisite protection of public 

health and welfare, respectively (75 FR 2938). The 

final reconsidered ozone NAAQS have yet to be 

promulgated. This rulemaking does not address the 

2008 ozone standard. 

3This and any other guidance documents 

referenced in this action are in the docket for this 

rulemaking. 

‘‘may reasonably be anticipated to 

endanger public health and welfare,’’ 

and to develop a primary and secondary 

standard for each NAAQS. The primary 

standard is designed to protect human 

health with an adequate margin of 

safety, and the secondary standard is 

designed to protect public welfare and 

the environment. EPA has set NAAQS 

for six common air pollutants, referred 

to as criteria pollutants: Carbon 

monoxide, lead, nitrogen dioxide, 

ozone, particulate matter, and sulfur 

dioxide. These standards present State 

and local governments with the 

minimum air quality levels they must 

meet to comply with the Act. Also, 

these standards provide information to 

residents of the United States about the 

air quality in their communities. 

B. What is a SIP? 

The SIP is a set of air pollution 

regulations, control strategies, other 

means or techniques, and technical 

analyses developed by the State, to 

ensure that the State meets the NAAQS. 

The SIP is required by section 110 and 

other provisions of the Act. These SIPs 

can be extensive, containing State 

regulations or other enforceable 

documents and supporting information 

such as emissions inventories, 

monitoring networks, and modeling 

demonstrations. Each State must submit 

these regulations and control strategies 

to EPA for approval and incorporation 

into the Federally enforceable SIP. Each 

Federally approved SIP protects air 

quality primarily by addressing air 

pollution at its point of origin. 

C. What is the background for this 

rulemaking? 

a. Section 110(a)(1) and (2) 

On July 18, 1997, we promulgated 

new and revised NAAQS for ozone (62 

FR 38856) and PM (62 FR 38652). For 

ozone we set an 8-hour standard of 0.08 

parts per million (ppm) to replace the 

1-hour standard of 0.12 ppm. For PM we 

set a new annual and a new 24-hour 

NAAQS for particles with an 

aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers (denoted 

PM2.5). The annual PM2.5 standard was 

set at 15 micrograms per cubic meter 

(μg/m3). The 24-hour PM2.5 standard 

was set at 65 μg/m3. For more 

information on these standards please 

see the 1997 Federal Register notices 

(62 FR 38856 and 62 FR 38652). 

Under sections 110(a)(1) and (2) of the 

Act, States are required to submit SIPs 

that provide for the implementation, 

maintenance, and enforcement (the 

infrastructure) of a new or revised 

NAAQS within three years following 

the promulgation of the NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a)(2) lists the 

specific infrastructure elements that 

must be incorporated into the SIPs, 

including for example, requirements for 

air pollution control measures, and 

monitoring that are designed to assure 

attainment and maintenance of the 

NAAQS. A table listing all 14 

infrastructure elements is included in 

Section D of this proposed rulemaking.1

Thus States were required to submit 

such SIPs for the 1997 8-hour ozone and 

PM2.5 NAAQS to EPA no later than June 

2000.2 However, intervening litigation 

over the 1997 8-hour ozone and PM2.5

NAAQS created uncertainty about how 

to proceed and many States did not 

provide the required ‘‘infrastructure’’ SIP 

submission for these newly promulgated 

NAAQS. 

On March 4, 2004, Earthjustice 

submitted a notice of intent to sue 

related to EPA’s failure to issue findings 

of failure to submit related to the 

infrastructure requirements for the 1997 

8-hour ozone and PM2.5 NAAQS. EPA 

entered into a consent decree with 

Earthjustice which required EPA, among 

other things, to complete a Federal 

Register notice announcing EPA’s 

determinations pursuant to section 

110(k)(1)(B) of the Act as to whether 

each State had made complete 

submissions to meet the requirements of 

section 110(a)(2) for the 1997 8-hour 

ozone NAAQS by December 15, 2007. 

Subsequently, EPA received an 

extension of the date to complete this 

Federal Register notice until March 17, 

2008, based upon agreement to make the 

findings with respect to submissions 

made by January 7, 2008. In accordance 

with the consent decree, EPA made 

completeness findings for each State 

based upon what the Agency received 

from each State as of January 7, 2008. 

With regard to the 1997 PM2.5 NAAQS, 

EPA entered into a consent decree with 

Earthjustice which required EPA, among 

other things, to complete a Federal 

Register notice announcing EPA’s 

determinations pursuant to section 

110(k)(1)(B) of the Act as to whether 

each State had made complete 

submissions to meet the requirements of 

section 110(a)(2) for the 1997 PM2.5

NAAQS by October 5, 2008. 

On March 27, 2008, and October 22, 

2008, we published findings concerning 

whether States had made the 110(a)(2) 

submissions for the 1997 ozone (73 FR 

16205) and PM2.5 standards (73 FR 

62902). In the March 27, 2008 action, 

we found that Louisiana had made a 

complete submission that provides for 

the basic program elements specified in 

section 110(a)(2) of the Act necessary to 

implement the 1997 8-hour ozone 

NAAQS. In the October 22, 2008 action, 

we found that Louisiana had made a 

complete submission that provides for 

the basic program elements specified in 

section 110(a)(2) of the Act necessary to 

implement the 1997 PM2.5 NAAQS. 

On October 2, 2007, we issued 

‘‘Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 

1997 8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards,’’ 

Memorandum from William T. Harnett, 

Director, Air Quality Policy Division, 

Office of Air Quality Planning and 

Standards.3 The guidance provides that 

to the extent that existing SIPs for ozone 

and PM already meet the requirements, 

States need only certify that fact to us. 

On December 11, 2007, January 7, 

2008, and March 24, 2011, the Louisiana 

Department of Environmental Quality 

(LDEQ) submitted letters certifying that 

Louisiana has addressed any potential 

infrastructure issues associated with 

ozone and PM2.5 and fulfilled its 

infrastructure SIP obligations. The 

letters provided information on how the 

current Louisiana SIP provisions meet 

the 110(a)(2) requirements. These letters 

are in the docket for this rulemaking. 

b. Revisions to Louisiana’s SIP 

On December 20, 2005, the LDEQ 

submitted revisions to their New Source 

Review (NSR) program to meet the 

requirements of the ‘‘NSR Reform’’ 

published on December 31, 2002 (67 FR 

80186). On November 9, 2007, the State 


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21684 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules 

4 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

5 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). 

6 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 7Prevention of Significant Deterioration and Title 

V Greenhouse Gas Tailoring Rule; Final Rule.’’ 75 

FR 31514 (June 3, 2010). 8Section 110(a)(2)(I) pertains to the 

nonattainment planning requirements of part D, 

Title I of the Act. This section is not governed by 

the 3-year submission deadline of section 110(a)(1) 

because SIPs incorporating necessary local 

nonattainment area controls are not due within 3 

years after promulgation of a new or revised 

NAAQS, but are due at the time the nonattainment 

area plan requirements are due pursuant to section 

172. Thus this action does not cover section 

110(a)(2)(I). 

submitted their 2006 revisions (General 

Update) to the SIP. Among other 

revisions, the 2007 submission included 

revisions that provided for NOx to be 

treated as a precursor to ozone 

formation in the State’s PSD program. 

We are proposing action on a limited 

number of revisions to the PSD program 

that implement the provisions for NOx

as a precursor because EPA believes that 

this is a necessary provision for 

implementation of the 1997 ozone 

standard. 

c. Greenhouse Gas (GHG) Component of 

PSD Programs 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

distinct from one another, establish the 

overall framework for today’s proposed 

action on the Louisiana SIP. Four of 

these actions include, as they are 

commonly called, the ‘‘Endangerment 

Finding’’ and ‘‘Cause or Contribute 

Finding,’’ which EPA issued in a single 

final action,4 the ‘‘Johnson Memo 

Reconsideration,’’ 5 the ‘‘Light-Duty 

Vehicle Rule,’’ 6 and the ‘‘Tailoring 

Rule.’’ 7 Taken together and in 

conjunction with the CAA, these actions 

established regulatory requirements for 

GHGs emitted from new motor vehicles 

and new motor vehicle engines; 

determined that such regulations, when 

they took effect on January 2, 2011, 

subjected GHGs emitted from stationary 

sources to PSD requirements; and 

limited the applicability of PSD 

requirements to GHG sources on a 

phased-in basis. EPA took this last 

action in the Tailoring Rule, which, 

more specifically, established 

appropriate GHG emission thresholds 

for determining the applicability of PSD 

requirements to GHG-emitting sources. 

In December 2010, EPA followed up on 

these actions by issuing the PSD SIP 

Narrowing Rule, in which EPA 

withdrew its previous approval of SIP 

PSD programs in 24 States, including 

Louisiana, that apply to GHG-emitting 

sources below the thresholds in the final 

Tailoring Rule. 75 FR 82536. The 

Tailoring Rule and PSD SIP Narrowing 

Rule both discuss the States’ ability to 

provide assurances that they will have 

adequate resources to meet the new 

GHG PSD permitting requirements at 

statutory levels of emissions, and the 

PSD SIP Narrowing Rule affected EPA’s 

prior approval of portions of a State’s 

SIP which do not incorporate thresholds 

established under the Tailoring Rule. 

The LDEQ submitted a supplemental 

certification letter to EPA dated March 

24, 2011, certifying that the portions of 

the PSD program related to greenhouse 

gas permitting which remained 

approved after the promulgation of 

EPA’s PSD SIP Narrowing Rule satisfy 

sections 110(a)(2)(C) and (J) of the Act. 

As we discuss further in this notice and 

in the TSD, Louisiana currently has 

adequate resources to carry out the GHG 

component of the currently approved 

PSD SIP program, which requires PSD 

permitting for sources emitting GHGs at 

or above the 75,000/100,000 tons per 

year (tpy) threshold specified by the 

Tailoring Rule. 

D. What elements are required under 

Section 110(a)(2)? 

The October 2, 2007, EPA guidance 

for addressing the SIP infrastructure 

elements required under sections 

110(a)(1) and (2) for the 1997 ozone and 

PM2.5 NAAQS, provides a list of 14 

essential components that States must 

include in their SIPs. These are listed in 

Table 1 below. 

TABLE 1—SECTION 110(A)(2) ELEMENTS REQUIRED IN SIPS

Clean Air Act citation Brief description 

Section 110(a)(2)(A) ................................................................................. Emission limits and other control measures. 

Section 110(a)(2)(B) ................................................................................. Ambient air quality monitoring/data system. 

Section 110(a)(2)(C) ................................................................................. Program for enforcement of control measures. 

Section 110(a)(2)(D)(ii) ............................................................................. International and interstate pollution abatement. 

Section 110(a)(2)(E) ................................................................................. Adequate resources. 

Section 110(a)(2)(F) ................................................................................. Stationary source monitoring system. 

Section 110(a)(2)(G) ................................................................................. Emergency power. 

Section 110(a)(2)(H) ................................................................................. Future SIP revisions. 

Section 110(a)(2)(J) 8 ............................................................................... Consultation with government officials. 

Section 110(a)(2)(J) .................................................................................. Public notification. 

Section 110(a)(2)(J) .................................................................................. Prevention of significant deterioration (PSD) and visibility protection. 

Section 110(a)(2)(K) ................................................................................. Air quality modeling/data.

Section 110(a)(2)(L) ................................................................................. Permitting fees. 

Section 110(a)(2)(M) ................................................................................ Consultation/participation by affected local entities. 

II. What action is EPA proposing? 

The EPA is proposing to approve the 

Louisiana SIP submittals that identify 

where and how the 14 basic 

infrastructure elements are in the EPAapproved SIP as specified in section 

110(a)(2) of the Act. The Louisiana 

submittals do not include revisions to 

the SIP, but document how the current 

Louisiana SIP already includes the 

required infrastructure elements. In 

today’s action, we are proposing to find 

that the following section 110(a)(2) 

elements are contained in the current 

Louisiana SIP and provide the 

infrastructure for implementing the 

1997 ozone and PM standards: emission 

limits and other control measures 

(section 110(a)(2)(A)); ambient air 

quality monitoring/data system (section 

110(a)(2)(B)); program for enforcement 

of control measures (section 

110(a)(2)(C)); international and 

interstate pollution abatement (section 

110(a)(2)(D)(ii)); adequate resources 

(section 110(a)(2)(E)); stationary source 

monitoring system (section 110(a)(2)(F)); 


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9Older references to this Federal Register (FR) 

notice are written as 54 FR 9795. We now identify 

a FR notice by the first page of the rulemaking, thus 

we refer to this rulemaking as 54 FR 9783. 

10NOX and VOCs are precursors to ozone. PM can 

be emitted directly and secondarily formed; the 

latter is the result of NOX and SO2 precursors 

combining with ammonia to form ammonium 

nitrate and ammonium sulfate. 

11Title 33 addresses Environmental Quality and 

Title 55 addresses Motor Vehicles. Within 33 LAC, 

the State’s rules are codified in Part III (Air). 

12 ‘‘State Implementation Plans (SIPs): Policy 

Regarding Excess Emissions During Malfunctions, 

Startup, and Shutdown,’’ Memorandum from Steven 

A. Herman, Assistant Administrator for 

Enforcement and Compliance Assurance, and 

Robert Perciasepe, Assistant Administrator for Air 

and Radiation, dated September 20, 1999. 

13The section addressing exemptions and 

variances is found on p. 45109 of the 1987 

rulemaking. 

14The Air Quality System (AQS) is EPA’s 

repository of ambient air quality data. AQS stores 

data from over 10,000 monitors, 5000 of which are 

currently active. State, Local and Tribal agencies 

collect the data and submit it to AQS on a periodic 

basis. 

15The air quality surveillance network undergoes 

annual review and approval by EPA. A copy of the 

current approval, dated January 12, 2011, is 

available in the docket for this rulemaking. 

16The PAMS network undergoes annual review 

and approval by EPA. A copy of the current 

approval, dated October 30, 2009, is in the docket 

for this rulemaking. 

emergency power (section 110(a)(2)(G)); 

future SIP revisions (section 

110(a)(2)(H)); consultation with 

government officials (section 

110(a)(2)(J)); public notification (section 

110(a)(2)(J)); PSD and visibility 

protection (section 110(a)(2)(J)); air 

quality modeling/data (section 

110(a)(2)(K)); permitting fees (section 

110(a)(2)(L)); and consultation/ 

participation by affected local entities 

(section 110(a)(2)(M)). 

In conjunction with our proposed 

finding that the Louisiana SIP meets the 

section 110(a)(1) and (2) infrastructure 

SIP elements listed above, we are also 

proposing to fully approve four 

severable portions of two SIP revisions 

submitted by the LDEQ to EPA on 

December 20, 2005 and November 9, 

2007. These portions contain rule 

revisions by LDEQ to (1) regulate NOx

emissions in its PSD permit program as 

a precursor to ozone; (2) add NOx to the 

PSD definitions for Major Modification 

and Major Stationary Source; (3) under 

the PSD definition for Significant, add 

the emission rate for NOx, as a precursor 

to ozone, as 40 tpy; and (4) under the 

PSD requirements, allow for an 

exemption with respect to ambient air 

quality monitoring data for a source 

with a net emissions increase less than 

100 tpy of NOx. The actions proposed 

herein are described in greater detail 

below and in the TSD. At this time, EPA 

is not taking action on other portions of 

the December 20, 2005 and November 9, 

2007 SIP revisions submitted by LDEQ; 

EPA intends to act on the other 

revisions at a later time. 

III. How has Louisiana addressed the 

elements of Section 110(a)(2)? 

The Louisiana submittals address the 

elements of Section 110(a)(2) as 

described below. We provide a more 

detailed review and analysis of the 

Louisiana infrastructure SIP elements in 

the Technical Support Document (TSD), 

located in the docket for this 

rulemaking. 

Enforceable emission limits and other 

control measures, pursuant to section 

110(a)(2)(A): Section 110(a)(2)(A) 

requires that all measures and other 

elements in the SIP be enforceable. This 

provision does not require the submittal 

of regulations or emission limits 

developed specifically for attaining the 

1997 8-hour ozone and PM2.5 standards. 

Those regulations are due later as part 

of attainment demonstrations. 

The Louisiana Environmental Quality 

Act (LEQA) names the LDEQ as the 

State’s air pollution control agency and 

provides enforcement authority to the 

LDEQ. The Louisiana legislature in Acts 

1983, No. 97 amended and reenacted a 

multitude of the State’s statutes, 

including provisions which created and 

empowered the LDEQ. The SIP rule at 

Title 33 of the Louisiana Administrative 

Code (denoted 33 LAC), Chapter 1, 

section 101 describes the LDEQ as the 

State’s air pollution control agency and 

its enforcement authority, referencing 

the 1983 LEQA (54 FR 9783, March 8, 

1989).9

The LDEQ has promulgated rules to 

limit and control emissions of PM, 

sulfur dioxide (SO2), NOx and volatile 

organic compounds (VOCs).10 These 

rules include emission limits, control 

measures, programs for banking and 

trading of emissions, permits, fees, and 

compliance schedules and are found in 

Titles 33 and 55 of the LAC: 11 33 LAC 

chapters 1, 5–7, 9, 11, 13–15, and 21– 

23; and 55 LAC Chapter 8. 

In this proposed action, EPA has not 

reviewed and is not proposing to take 

any action to approve or disapprove any 

existing Louisiana SIP provisions with 

regard to excess emissions during 

startup, shutdown, or malfunction 

(SSM) of operations at a facility. EPA 

believes that a number of States have 

SSM SIP provisions which are contrary 

to the Act and inconsistent with existing 

EPA guidance 12 and the Agency plans 

to conduct a SIP call in the future to 

address such SIP regulations. In the 

meantime, EPA encourages any State 

having an SSM SIP provision which is 

contrary to the Act and inconsistent 

with EPA guidance to take steps to 

correct the deficiency as soon as 

possible before a SIP call is 

implemented. Similarly, this proposed 

action does not include a review of and 

also does not propose to take any action 

to approve or disapprove any existing 

SIP rules with regard to director’s 

discretion or variance provisions. EPA 

believes that a number of SIPs have 

such provisions which are contrary to 

the Act and not consistent with existing 

EPA guidance (52 FR 45044, November 

24, 1987) 13 and the Agency plans to 

take action in the future to address such 

SIP regulations. In the meantime, EPA 

encourages any State having a director’s 

discretion or variance provision in its 

SIP which is contrary to the Act and 

inconsistent with EPA guidance to take 

steps to correct the deficiency as soon 

as possible. 

A detailed list of the applicable 33 

LAC and 55 LAC chapters, discussed 

above, are provided in the TSD. 

Louisiana’s SIP clearly contains 

enforceable emission limits and other 

control measures, which are in the 

Federally enforceable SIP. EPA is 

proposing to find that the Louisiana SIP 

meets the requirements of section 

110(a)(2)(A) of the Act with respect to 

the 1997 8-hour ozone and PM2.5

NAAQS. 

Ambient air quality monitoring/data 

analysis system, pursuant to section 

110(a)(2)(B): Section 110(a)(2)(B) 

requires SIPs to include provisions for 

establishment and operation of ambient 

air quality monitors, collecting and 

analyzing ambient air quality data, and 

making these data available to EPA 

upon request. The LDEQ operates and 

maintains a statewide network of air 

quality monitors; data are collected, 

results are quality assured, and the data 

are submitted to EPA’s Air Quality 

System 14 on a regular basis. Louisiana’s 

Statewide Air Quality Surveillance 

Network was approved by EPA on 

August 6, 1981 (46 FR 40005), and 

consists of stations that measure 

ambient concentrations of the six 

criteria pollutants, including ozone and 

PM2.5.15 EPA also approved Chapter 7 

into the SIP that requires air quality 

monitoring be conducted consistent 

with EPA guidelines (54 FR 9783, 

March 8, 1989). EPA also approved 

Louisiana’s enhanced ambient air 

quality monitoring network of 

Photochemical Assessment Monitoring 

Stations (PAMS) on June 19, 1996 (61 

FR 31035).16 The LDEQ Web site 

provides the ozone and PM2.5 monitor 

locations, and current and historical 

data including 8-hour ozone design 


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17The current design values for 2010 are 

preliminary, as the monitoring seasons have not 

ended and data has yet to be reviewed for quality 

assurance. 

18A copy of our approval letter is in the docket 

for this rulemaking. 

19The Federal Register notice (73 FR 28321) was 

published May 16, 2008. 

values for current 17 and past 

trienniums. On July 1, 2010, LDEQ 

submitted its 2010 Annual Air 

Monitoring Network Plan (AAMNP) that 

included the plans for the 1997 ozone 

and PM2.5 NAAQS; EPA approved the 

AAMNP on January 12, 2011.18

In summary, Louisiana meets the 

requirement to establish, operate, and 

maintain an ambient air monitoring 

network, collect and analyze the 

monitoring data, and make the data 

available to EPA upon request. EPA is 

proposing to find that the current 

Louisiana SIP meets the requirements of 

section 110(a)(2)(B) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Program for enforcement of control 

measures and regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that NAAQS are achieved, 

including a permit program, as required 

by Parts C and D, pursuant to section 

110(a)(2)(C). Regarding a program for 

enforcement of control measures, as 

stated previously, the LEQA provides 

the LDEQ with authority to enforce the 

State’s environmental quality rules. The 

LDEQ established rules governing 

emissions of the NAAQS and their 

precursors throughout the State and 

these rules are in the Federally 

enforceable SIP. The rules in 33 LAC 1, 

5–7, 9, 11, 13–15, and 21–23 include 

allowable rates, compliance, control 

plan requirements, actual and allowable 

emissions, monitoring and testing 

requirements, recordkeeping and 

reporting requirements, and control 

schedules. These rules clarify the 

boundaries beyond which regulated 

entities in Louisiana can expect 

enforcement action. 

To meet the requirement for having a 

program for the regulation of the 

modification and construction of any 

stationary source within the areas 

covered by the plan as necessary to 

assure that national ambient air quality 

standards are achieved, including a 

permit program as required by Parts C 

and D, generally, the State is required to 

have SIP-approved PSD, Nonattainment, 

and Minor NSR permitting programs 

adequate to implement the 1997 8-hour 

ozone and PM2.5 NAAQS. We are not 

evaluating nonattainment-related 

provisions, such as the Nonattainment 

NSR program required by part D in 

110(a)(2)(C) and measures for 

attainment required by section 

110(a)(2)(I), as part of the infrastructure 

SIPs for these two NAAQS because 

these submittals are required beyond the 

date (3 years from NAAQS 

promulgation) that section 110 

infrastructure submittals are required. 

PSD programs apply in areas that are 

meeting the NAAQS or are 

unclassifiable, referred to as areas in 

attainment. PSD applies to new major 

sources and major modifications at 

existing sources. Louisiana’s PSD 

program was initially approved into the 

SIP on April 24, 1987 (52 FR 13671). 

Subsequent revisions to Louisiana’s PSD 

program were approved into the SIP on 

June 15, 1989 (54 FR 25449), May 2, 

1991 (56 FR 20137), and October 15, 

1996 (61 FR 53639). 

To meet the requirements of 

110(a)(2)(C) for the 1997 ozone 

standard, EPA believes the State must 

have updated its PSD rules to treat NOX

as a precursor for ozone (70 FR 71612). 

As part of this action we are proposing 

to approve a total of four severable 

portions from each of two SIP revisions 

to implement NOX as precursor. The 

LDEQ submitted SIP revisions to us on 

December 20, 2005 and November 9, 

2007. EPA proposes to approve the 

following four portions of the December 

20, 2005 and November 9, 2007 SIP 

revisions: (1) The 2005 non-substantive 

recodification of the definition of Major 

Modification at subsection 2 as 

subsection b, and the 2007 substantive 

change adding NOX to the definition of 

Major Modification; (2) the 2005 nonsubstantive recodification of the 

definition of Major Stationary Source at 

subsection 4 as subsection d, and the 

2007 substantive change adding NOX to 

the definition of Major Stationary 

Source; (3) the 2005 non-substantive 

recodification of the first paragraph of 

the definition of Significant at 

subsection 1 to subsection a (thus taking 

no action on the substantive changes to 

the definition’s table), and the 2007 

substantive change adding NOX as a 

precursor to the table’s criteria and 

other pollutants listing for ozone; and 

(4) the 2005 non-substantive 

recodification of the first paragraph of 

subsection I.8 to subsection I.5 (thus 

taking no action on the substantive 

changes to the table), and the 2007 

substantive change allowing for an 

exemption with respect to ozone 

monitoring for a source with a net 

emissions increase less than 100 tpy of 

NOX. 

For the 8-hour ozone NAAQS, the 

November 9, 2007 SIP revisions to the 

definitions in the Louisiana rules for 

Major Modification and Major 

Stationary Source meet the Federal 

definition in 40 CFR 51.166(b)(1) to 

identify a major source of NOX as a 

major source for ozone. The November 

9, 2007 revisions to the Louisiana rules 

also meet the Federal definition in 40 

CFR 51.166(b)(49) for inclusion of NOX

as an ozone precursor. The November 9, 

2007 revisions to the emission rate for 

ozone under the definition for 

Significant in the Louisiana rules also 

meet the Federal requirements in 40 

CFR 51.166(b)(23)(i). The November 9, 

2007 revisions allowing for an 

exemption with respect to ozone 

monitoring for a source with a net 

emissions increase less than 100 tpy of 

NOX also meet the Federal requirement 

on monitoring exemptions under the 

footnote for 40 CFR 166(i)(5)(i)(e). Thus, 

the November 9, 2007 revisions would 

make the LA SIP more stringent and 

would not interfere with any applicable 

CAA requirement concerning 

attainment of the 1997 8-hour ozone and 

PM2.5 NAAQS. EPA is proposing to 

approve these revisions as meeting the 

requirements of section 110 of the Act 

and 40 CFR 51.166 for establishing NOX

emissions as a precursor for ozone. 

The PSD revisions we are proposing 

to approve are limited to those specified 

in the preceding paragraphs and are 

severable from the portions of the 

December 20, 2005 and November 9, 

2007 SIP submittals on which we are 

taking no action. By severable, we mean 

that the portions of the SIP revisions we 

are proposing to approve can be 

implemented independently of the 

portions on which we are not acting, 

without affecting the stringency of the 

submitted rules. In addition, the 

portions on which we are taking no 

action are not necessary for approval of 

the infrastructure SIP requirements 

addressed in this proposed action. EPA 

is not proposing to take action on any 

other portions of the December 20, 2005 

and November 9, 2007 SIP revisions in 

this proposed rulemaking; we intend to 

act on those revisions in a future 

rulemaking. 

To implement section 110(a)(2)(C) for 

the 1997 PM2.5 standard, EPA believes 

that States should appropriately 

implement the interim policy for 

preconstruction (PSD) review as 

interpreted by legal rulings. States may 

follow this approach in the interim until 

they must provide revisions to 

implement the PM2.5 standard due May 

16, 2011 under 73 FR 28321.19 During 

the transition to SIP-approved PSD 

requirements for PM2.5, LDEQ 

confirmed to EPA by letter that, should 

they rely on the EPA’s PM10 Surrogate 

Policy, the State would include an 


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20 December 16, 2010, letter from Cheryl Sonnier 

Nolan, Assistant Secretary, Environmental Services 

Division, Louisiana Department of Environmental 

Quality to Thomas Diggs, Associate Director for Air 

Programs, EPA Region 6. This letter is in the docket 

for this rulemaking. 

21To view Louisiana’s letter, in which the State 

told EPA it had this authority, please see http:// 

www.epa.gov/nsr/2010letters/la.pdf. 

adequate rationale or demonstration to 

support the use of PM10 as a surrogate 

based on the facts and circumstances of 

the specific permit action, consistent 

with relevant case law on the use of 

surrogate pollutant analyses.20 See 75 

FR 6827, 6831–32 (February 11, 2010) 

(discussion of case law relevant to the 

use of PM10 as a surrogate for PM2.5). On 

February 18, 2011, the LDEQ proposed 

revisions to the Louisiana SIP to amend 

their PSD and nonattainment NSR 

programs for PM2.5. The State is 

planning to submit these changes as a 

SIP revision by May 16, 2011. EPA will 

act on this submission in a separate 

rulemaking. 

Louisiana has the authority to issue 

permits under the SIP-approved PSD 

program to sources of GHG emissions 

(75 FR 82536, December 30, 2010; 75 FR 

77698, December 13, 2010).21 The 

Tailoring Rule established thresholds 

that phase in the applicability of PSD 

requirements to GHG sources, starting 

with the largest GHG emitters, and were 

designed to relieve the overwhelming 

administrative burdens and costs 

associated with the dramatic increase in 

permitting burden that would have 

resulted from applying PSD 

requirements to GHG emission increases 

at or above only the mass-based 

statutory thresholds of 100/250 tpy 

generally applicable to all PSDregulated pollutants starting on January 

2, 2011. However, EPA recognized that 

even after it finalized the Tailoring Rule, 

many SIPs with approved PSD programs 

would, until they were revised, 

continue to apply PSD at the statutory 

thresholds, even though the States 

would not have sufficient resources to 

implement the PSD program at those 

levels. EPA consequently implemented 

its ‘‘PSD SIP Narrowing Rule’’ and 

narrowed its approval of those 

provisions of previously approved SIPs 

that apply PSD to GHG emissions 

increases from sources emitting GHGs 

below the Tailoring Rule thresholds (75 

FR 82536, December 30, 2010). Through 

the PSD SIP Narrowing Rule, EPA 

withdrew its previous approvals of 

those programs to the extent the SIPs 

apply PSD to increases in GHG 

emissions from GHG-emitting sources 

below the Tailoring Rule thresholds. 

The portions of the PSD programs 

regulating GHGs from GHG-emitting 

sources with emission increases at or 

above the Tailoring Rule thresholds 

remained approved. The effect of EPA 

narrowing its approval in this manner is 

that the provisions of previously 

approved SIPs that apply PSD to GHG 

emissions increases from sources 

emitting GHGs below the Tailoring Rule 

thresholds have the status of having 

been submitted by the State but not yet 

acted upon by EPA (75 FR 82536, 

December 30, 2010). 

Louisiana submitted to EPA a 

supplemental certification, dated March 

24, 2011, certifying that the portion of 

the GHG PSD program in the State’s 

submittal under infrastructure SIP 

review is only the portion that remained 

approved after EPA’s promulgation of 

the PSD SIP Narrowing Rule, which is 

the portion that regulates GHG-emitting 

sources with GHG emissions at or above 

the Tailoring Rule thresholds. 

Therefore, we are proposing to find that 

the current Louisiana PSD SIP meets 

section 110(a)(2)(C) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Section 110(a)(2)(C) creates ‘‘a general 

duty on States to include a program in 

their SIP that regulates the modification 

and construction of any stationary 

source as necessary to assure that the 

NAAQS are achieved’’ (70 FR 71612, 

71677). EPA provides States with a 

‘‘broad degree of discretion’’ in 

implementing their minor NSR 

programs (71 FR 48696, 48700). The 

‘‘considerably less detailed’’ regulations 

for minor NSR are provided in 40 CFR 

51.160 through 51.164. EPA has 

determined that Louisiana’s minor NSR 

program adopted pursuant to section 

110(a)(2)(C) of the Act regulates 

emissions of ozone and its precursors 

and PM. Louisiana’s minor source 

permitting requirements are contained 

at 33 LAC 5–505 and were approved at 

54 FR 9783. 

In this action, EPA is proposing to 

approve Louisiana’s infrastructure SIP 

for the 1997 ozone and PM2.5 NAAQS 

with respect to the general requirement 

of section 110(a)(2)(C) to include a 

program in the SIP that regulates the 

modification and construction of any 

stationary source as necessary to assure 

that the NAAQS are achieved. EPA is 

not proposing to approve or disapprove 

the State’s existing minor NSR program 

itself to the extent that it is inconsistent 

with EPA’s regulations governing this 

program. EPA believes that a number of 

States may have minor NSR provisions 

that are contrary to the existing EPA 

regulations for this program. EPA 

intends to work with States to reconcile 

State minor NSR programs with EPA’s 

regulatory provisions for the program. 

The statutory requirements of section 

110(a)(2)(C) provide for considerable 

flexibility in designing minor NSR 

programs, and EPA believes it may be 

time to revisit the regulatory 

requirements for this program to give 

the States an appropriate level of 

flexibility to design a program that 

meets their particular air quality 

concerns, while assuring reasonable 

consistency across the country in 

protecting the NAAQS with respect to 

new and modified minor sources. 

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

section 110(a)(2)(C) for both the 1997 

ozone and PM2.5 standards. 

Interstate and international transport, 

pursuant to section 110(a)(2)(D)(ii): EPA 

approved into the Louisiana SIP the 

Clean Air Interstate Rule (CAIR) 

NOXTrading Programs on September 28, 

2007 (72 FR 55064). The SIP revision at 

72 FR 55064 contains provisions that 

address significant contribution, 

interference with maintenance, PSD, 

and protection of visibility. The 

provisions that address significant 

contribution and interference with 

maintenance will be re-evaluated after 

the EPA’s Transport Rule is finalized. 

The protection of visibility requirement 

will be further evaluated when EPA 

completes its review of the regional 

haze SIP revision submitted on June 13, 

2008. For additional detail, please refer 

to the TSD. Because 110(a)(2)(D)(i) was 

addressed in other actions, EPA is not 

proposing action on this element here. 

Section 110(a)(2)(D)(ii) of the Act 

requires compliance with sections 115 

and 126 of the Act, relating to interstate 

and international pollution abatement. 

Section 115(a) addresses endangerment 

of public health or welfare in foreign 

countries from pollution emitted in the 

United States. Pursuant to section 115, 

the Administrator has neither received 

nor issued a formal notification that 

emissions from Louisiana are 

endangering public health or welfare in 

a foreign country. Section 126(a) of the 

Act requires new or modified sources to 

notify neighboring States of potential 

impacts from such sources. 33 LAC 503 

requires that each major proposed new 

or modified source provide such 

notification and is in the Federally 

enforceable SIP (see 54 FR 9783). The 

State also has no pending obligations 

under section 126 of the Act. 

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

section 110(a)(2)(D)(ii) with respect to 

the 1997 8-hour ozone and PM2.5

NAAQS. 

Adequate personnel, funding, and 

authority, pursuant to section 

110(a)(2)(E): The duties, powers and 

structure of the LDEQ (described at RS 


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22For example, annual fees are collected for 

inspections of Stage II Vapor Recovery systems at 

gasoline dispensing stations. 

23The AirData Web site provides access to air 

pollution data for the entire United States and 

produces reports and maps of air pollution data 

based on criteria specified by the user. 

24The ozone and PM data are available through 

AQS and the State Web site (http:// 

www.deq.louisiana.gov.) The AQS data for PM are 

provided in the docket for this rulemaking. 

30:2011.F) provide that ‘‘the basic 

personnel [* * *] shall be employed or 

provided by the department;’’ and the 

LDEQ may contract, employ, and 

compensate such assistance on a full or 

part-time basis as may be necessary to 

carry out the provisions of this Subtitle. 

In addition, the State has the 

Environmental Trust Fund, established 

at RS 30:2015, which is used, in part, to 

‘‘defray the cost to the State of 

permitting, monitoring, * * * 

maintaining and administering the 

programs provided for under the 

LEQA.’’ 

There are Federal sources of funding 

for the implementation of the 1997 8- 

hour ozone and PM2.5 NAAQS, through, 

for example, the CAA sections 103 and 

105 grant funds. The LDEQ receives 

Federal funds on an annual basis, under 

sections 103 and 105 of the Act, to 

support its air quality programs. Fees 

collected for motor vehicle inspections, 

the Title V and non-Title V permit 

programs, and other inspections, 

maintenance and renewals required of 

other air pollution sources 22 also 

provide necessary funds to help 

implement the State’s air programs. 

Information on permitting fees is 

provided in the discussion for 

110(a)(2)(L) below. The secretary has the 

power and duty ‘‘to receive and budget 

duly appropriated monies and to accept, 

receive, and administer grants or other 

funds or gifts from public and private 

agencies, including the Federal 

government, to carry out the provisions 

and purposes of this Subtitle.’’ See RS 

30:2011.D.10. For more detail on 

funding sources, please see the TSD. 

The LEQA furthermore provides the 

secretary of the LDEQ adequate 

authority with the powers and duties, in 

part, ‘‘to adopt, amend, or repeal all 

rules, regulations, and standards for the 

protection of the environment.’’ See RS 

30:2011.D.1. The SIP rule at 33 LAC, 

Chapter 1, section 101 describes the 

LDEQ as the State’s air pollution control 

agency and its enforcement authority, 

referencing the 1983 LEQA (54 FR 

9783). Therefore, the State has 

demonstrated it has adequate authority 

under its rules and regulations to carry 

out its SIP obligations with respect to 

the 1997 8-hour ozone and PM2.5

NAAQS. 

As discussed previously in this 

rulemaking with regards to section 

110(a)(2)(C), Louisiana submitted to 

EPA a supplemental certification, dated 

March 24, 2011, certifying that the 

portion of the GHG PSD program in the 

State’s submittal under infrastructure 

SIP review is the portion that remained 

approved after EPA’s promulgation of 

the PSD SIP Narrowing Rule. LDEQ has 

the resources to implement its GHG PSD 

program for sources with emissions 

increases at or above the thresholds 

indicated by the PSD SIP Narrowing 

Rule. 

EPA is proposing to find that the 

current Louisiana PSD SIP meets section 

110(a)(2)(E) with respect to the 1997 8- 

hour ozone and PM2.5 NAAQS. 

Stationary source monitoring system, 

pursuant to section 110(a)(2)(F): 33 

LAC, chapters 7, 9, 13, 15, and 21–23 

require source monitoring for 

compliance, recordkeeping and 

reporting, and provide for enforcement, 

with respect to all the NAAQS and their 

precursors. These source monitoring 

program requirements generate data for, 

among other pollutants, ozone, PM2.5, 

and precursors to these pollutants 

(VOCs, NOX, and SO2). 

Under the Louisiana SIP rules, the 

LDEQ is required to analyze the 

emissions data from point, area, mobile, 

and biogenic (natural) sources. The 

LDEQ uses this data to track progress 

towards maintaining the NAAQS, 

develop control and maintenance 

strategies, identify sources and general 

emission levels, and determine 

compliance with Louisiana and EPA 

requirements. The State’s emissions 

data are available on the LDEQ Web site 

(http://www.deq.louisiana.gov.) These 

rules have been approved by EPA into 

the SIP. A list of the chapters and 

Federal Register citations are provided 

in the TSD. 

There are two additional requirements 

that Louisiana must meet regarding 

emissions inventories (EIs): the EI 

requirement for nonattainment areas, 

and the requirement to submit annual EI 

data to EPA’s National Emissions 

Inventory (NEI) database. For the Baton 

Rouge ozone nonattainment area, the 

LDEQ submitted an EI SIP with a 2002 

base year which included NOx and VOC 

data. EPA approved this EI SIP on 

September 3, 2009 (74 FR 45561). The 

NEI is EPA’s central repository for air 

emissions data. EPA published the Air 

Emissions Reporting Rule (AERR) on 

December 5, 2008, which modified the 

requirements for collecting and 

reporting air emissions data (73 FR 

76539). The AERR shortened the time 

States had to report emissions data from 

17 to 12 months, giving States one 

calendar year to submit emissions data. 

All States are required to submit a 

comprehensive emissions inventory 

every three years and report emissions 

for certain larger sources annually 

through EPA’s online Emissions 

Inventory System (EIS). States report 

emissions data for the six criteria 

pollutants and the precursors that form 

them—nitrogen oxides, sulfur dioxide, 

ammonia, lead, carbon monoxide, 

particulate matter, and volatile organic 

compounds. EPA compiles the 

emissions data, supplementing it where 

necessary, and releases it to the general 

public through the Web site http:// 

www.epa.gov/ttn/chief/ 

eiinformation.html. The LDEQ is 

current with their submittals to the NEI 

database; the 2008 data was submitted 

to EPA in 2010. The State’s emissions 

data are also available on EPA’s AirData 

Web site (http://www.epa.gov/air/data/ 

index.html.) 23

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

section 110(a)(2)(F) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Emergency power, pursuant to section 

110(a)(2)(G): Section 110(a)(2)(G) 

requires States to provide for authority 

to address activities causing imminent 

and substantial endangerment to public 

health, including contingency plans to 

implement the emergency episode 

provisions in their SIPs. The LEQA, 

pursuant to RS 2011.D.15, provides the 

LDEQ with authority to address 

environmental emergencies, and the 

LDEQ has contingency plans to 

implement emergency episode 

provisions in the SIP. The LDEQ 

promulgated the ‘‘Prevention of Air 

Pollution Emergency Episodes,’’ which 

includes contingency measures, and 

these provisions were approved into the 

SIP on March 8, 1989 (54 FR 9783). The 

episode criteria and contingency 

measures are found in 33 LAC Chapter 

56. The criteria for ozone are based on 

a 1-hour average ozone level. These 

episode criteria and contingency 

measures are adequate to address ozone 

emergency episodes and are in the 

Federally approved SIP. 

The 2009 Infrastructure SIP Guidance 

for PM2.5 recommends that a State with 

at least one monitored 24-hour PM2.5

value exceeding 140.4 μg/m3 since 2006 

establish an emergency episode plan 

and contingency measures to be 

implemented should such level be 

exceeded again. The 2006–2010 ambient 

air quality monitoring data 24 for 

Louisiana do not exceed 140.4 μg/m3. 

The PM2.5 levels have consistently 

remained below this level (140.4 μg/m3), 


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25Section 110(a)(2)(J) is divided into three 

segments: Consultation with government officials; 

public notification; and PSD and visibility 

protection. 

26See 64 FR 72934, published December 29, 

1999. 27There are eight forecast areas: Baton Rouge, 

Alexandria, Lake Charles, Lafayette, Monroe, New 

Orleans, Shreveport, and Thibodaux. Please see 

http://www.deq.louisiana.gov. 

28See 75 FR 6827, 6831–32 (discussion of case 

law relevant to the use of PM10 as a surrogate for 

PM2.5). 

and furthermore, the State has 

appropriate general emergency powers 

to address PM2.5 related episodes to 

protect the environment and public 

health. Given the State’s low monitored 

PM2.5 levels, EPA is proposing the State 

is not required to submit an emergency 

episode plan and contingency measures 

at this time, for the 1997 PM2.5 standard. 

Additional detail is provided in the 

TSD. 

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

section 110(a)(2)(G) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Future SIP revisions, pursuant to 

section 110(a)(2)(H): The LEQA, 

codified at RS 30:2011.D.1, provides 

that the secretary of the LDEQ shall, in 

part, ‘‘adopt, amend or repeal all rules, 

regulations, and standards for the 

protection of the environment.’’ In 

addition, the LEQA at RS 30:2011.D.7 

requires the LDEQ to ‘‘cooperate with 

[* * *] the Federal government [* * *] 

in furtherance of the purposes of this 

Subtitle.’’ Thus, Louisiana has the 

authority to revise its SIP from time to 

time as may be necessary to take into 

account revisions of primary or 

secondary NAAQS, or the availability of 

improved or more expeditious methods 

of attaining such standards. 

Furthermore, Louisiana also has the 

authority under these LEQA provisions 

to revise its SIP in the event the EPA 

pursuant to the Act finds the SIP to be 

substantially inadequate to attain the 

NAAQS. 

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

section 110(a)(2)(H) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Consultation with government 

officials, pursuant to section 

110(a)(2)(J): 25 The LEQA, as codified at 

RS 30:2011.D.1, provides that the 

secretary of the LDEQ ’’ shall hold a 

public hearing to receive comments 

[* * *] from all interested parties and 

the public’’ prior to the adoption of any 

rule or regulation. In addition, RS 

30:2011.D.7 provides that the secretary 

shall have the power and duty ‘‘to 

advise, consult, and cooperate with 

other agencies of the State, the Federal 

government, other States, and interstate 

agencies and with affected groups, 

political subdivisions, interested 

agricultural, industrial, professional, 

and environmental groups and 

individuals in furtherance of the 

purposes of this Subtitle.’’ Further, 

section 509 of 33 LAC Chapter 5 

provides that the State shall provide 

written notice of any permit application 

for a proposed major stationary source 

or major modification the emissions 

from which may affect a Class I area to 

the Federal land manager (see 54 FR 

9783). Section 1434 of 33 LAC Chapter 

14 requires that interagency 

consultation be undertaken before 

making conformity determinations and 

before adopting applicable SIP revisions 

and public hearings shall be held to 

receive public comment on 

transportation-related SIPs.26 These 

rules are in the Federally approved SIP. 

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

this portion of section 110(a)(2)(J) with 

respect to the 1997 8-hour ozone and 

PM2.5 NAAQS. 

Public notification if NAAQS are 

exceeded, pursuant to section 

110(a)(2)(J): Public notification begins 

with the air quality forecast, which 

advises the public of conditions capable 

of exceeding the NAAQS (see 54 FR 

9783). A 3-day air quality forecast can 

be found on the LDEQ Web site for both 

ozone and PM2.5 for each forecast area.27

In addition, the State implements an 

Ozone Action Day (OAD) program and 

will issue an ozone alert in the 

afternoon on the day before an elevated 

level of ozone is expected to occur. 

Announcements for an OAD will be 

broadcast through television and other 

news media, and to employers 

participating in the OAD program. The 

OAD program includes examples of 

actions that can be implemented by 

individuals and organizations to reduce 

ozone levels and exposure to ozone. 

Also through the LDEQ Web site, the 

public can subscribe to Enviroflash, an 

electronic information system that 

provides a forecast of air quality 

information via e-mail, cell phone, or 

pager. Ozone data are posted on the 

LDEQ Web site; current, regional hourly 

and regional 8-hour ozone data are 

posted hourly (see http:// 

www.deq.louisiana.gov). EPA is 

proposing to find that the Louisiana SIP 

meets this portion of section 110(a)(2)(J) 

with respect to the 1997 8-hour ozone 

and PM2.5 NAAQS. 

PSD and visibility protection, 

pursuant to section 110(a)(2)(J): This 

portion of section 110(a)(2)(J) in part 

requires that a State’s SIP meet the 

applicable requirements of section 

110(a)(2)(C) as relating to PSD programs. 

As detailed in the subsection titled 

‘‘Program for enforcement of control 

measures and regulation of the 

modification and construction of any 

stationary source * * * pursuant to 

section 110(a)(2)(C) of this rulemaking 

and in the TSD, the State’s PSD program 

is in the SIP (52 FR 13671, 54 FR 25449, 

56 FR 20137, and 61 FR 53639). In 

addition to the approved program and to 

meet the requirements of 110(a)(2)(C) for 

the 1997 ozone standard, EPA believes 

the State must have updated its PSD 

rules to treat NOX as a precursor for 

ozone. Thus, we are proposing to 

approve portions of two SIP revisions 

(submitted December 20, 2005 and 

November 9, 2007) to implement NOX

as a precursor to ozone. These revisions 

are proposed for the definitions at 33 

LAC 5–509, as described earlier. To 

implement section 110(a)(2)(C) for the 

1997 PM2.5 standard, EPA believes that 

States should appropriately implement 

the interim policy for preconstruction 

review, as described above. During the 

transition to SIP-approved PSD 

requirements for PM2.5, the State would 

include an adequate rationale or 

demonstration to support the use of 

PM10 as a surrogate based on the facts 

and circumstances of the specific permit 

action, should they rely on the EPA’s 

PM10 Surrogate Policy.28 The State’s 

minor source permitting requirements 

were approved at 54 FR 9783. The 

portions of the State’s PSD program 

related to permitting GHGs at or above 

the Tailoring Rule thresholds are 

approvable in light of the PSD SIP 

Narrowing Rule. EPA is proposing to 

find that the Louisiana SIP meets the 

PSD requirement of section 110(a)(2)(C). 

A more detailed discussion is provided 

in subsection 110(a)(2)(C) above and in 

the TSD. EPA is proposing to find that 

the Louisiana SIP meets this portion of 

section 110(a)(2)(J) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

EPA approved Louisiana’s Visibility 

Protection Plan into the Louisiana SIP 

on June 10, 1986 (51 FR 20967). EPA 

approved revisions to Louisiana’s 

Visibility Protection Plan and approved 

a Long-Term Strategy for Visibility 

Protection into the Louisiana SIP on 

December 19, 1988 (53 FR 50958). The 

State’s most recent SIP revision of their 

Regional Haze program was submitted 

to EPA on June 13, 2008, and we will 

take action on it in a separate 

rulemaking. With regard to the 

applicable requirements for visibility 

protection, EPA recognizes that States 

are subject to visibility and regional 

haze program requirements under Part C 


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21690 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules 

29See the Attainment Demonstration for the 

Shreveport-Bossier City Early Action Compact Area, 

approved by EPA and adopted into the SIP on 

August 22, 2005 (70 FR 48880). 

of the Act (which includes sections 

169A and 169B). In the event of the 

establishment of a new NAAQS, 

however, the visibility and regional 

haze program requirements under part C 

do not change. Thus, we find that there 

is no new visibility obligation 

‘‘triggered’’ under section 110(a)(2)(J) 

when a new NAAQS becomes effective. 

This would be the case even in the 

event a secondary PM2.5 NAAQS for 

visibility is established, because this 

NAAQS would not affect visibility 

requirements under part C. EPA is 

therefore proposing to find that the 

Louisiana SIP meets this portion of 

section 110(a)(2)(J) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Air quality modeling and submission 

of data, pursuant to section 110(a)(2)(K): 

The Secretary of the LDEQ has the 

power and duty, under RS 30:2011.D.26 

to provide for the functions of 

environmental air quality assessment. 

As an example, Louisiana submitted 

modeling and control measures in a SIP 

revision to demonstrate attainment of 

the 1997 8-hour ozone standard.29 The 

modeling and control measures in the 

SIP revision were approved by EPA and 

adopted into the SIP. 

This section of the Act also requires 

that a SIP provide for the submission of 

data related to such air quality modeling 

to the EPA upon request. RS 

30:2011.D.7 authorizes LDEQ to 

cooperate with the Federal government, 

allowing it to make this submission to 

the EPA. 

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

section 110(a)(2)(K) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Permitting fees, pursuant to section 

110(a)(2)(L): LEQA as codified in RS 

30:2014 provides legal authority for 

establishing a fee schedule to recover 

the reasonable costs of acting on permit 

applications, implementing, and 

enforcing permits. Louisiana’s Permit 

Fee System was approved by EPA on 

July 7, 1982 (47 FR 29535) and revisions 

were approved by EPA into the 

Louisiana SIP on May 3, 1984 (49 FR 

18825) and March 8, 1989 (54 FR 9783). 

The annual maintenance fee, new 

application fee, major modified permit 

fee, and minor modified permit fee were 

approved by EPA at 54 FR 9783 and on 

March 25, 1994 (59 FR 14112). The Title 

V program and associated fees legally 

are not part of the SIP, but were 

approved by EPA on September 12, 

1995 (60 FR 47296) as part of the 

Louisiana Title V Program. EPA is 

reviewing the Louisiana Title V 

program, including the Title V fee 

structure, separate from this action. 

Because the Title V program and 

associated fees legally are not part of the 

SIP, the infrastructure SIP action we are 

proposing today does not preclude EPA 

from taking future action regarding 

Louisiana’s Title V program. 

EPA is proposing to find that the 

Louisiana SIP meets the requirements of 

section 110(a)(2)(L) with respect to the 

1997 8-hour ozone and PM2.5 NAAQS. 

Consultation/participation by affected 

local entities, pursuant to section 

110(a)(2)(M): As indicated above, the 

Louisiana statute under RS 30:2011.D.1 

provides that the secretary of the LDEQ 

‘‘shall hold a public hearing to receive 

comments [* * *] from all interested 

parties and the public’’ prior to the 

adoption of any rule or regulation. In 

addition, RS 30:2011.D.7 provides that 

the secretary shall have the power and 

duty ‘‘to advise, consult, and cooperate 

with other agencies of the State, the 

Federal government, other States, and 

interstate agencies and with affected 

groups, political subdivisions, 

interested agricultural, industrial, 

professional, and environmental groups 

and individuals in furtherance of the 

purposes of this Subtitle.’’ EPA is 

proposing to find that the Louisiana SIP 

meets the requirements of section 

110(a)(2)(M) with respect to the 1997 

8-hour ozone and PM2.5 NAAQS. 

IV. Proposed Action 

We are proposing to approve the 

submittals provided by the State of 

Louisiana to demonstrate that the 

Louisiana SIP meets the requirements of 

Section 110(a)(1) and (2) of the Act for 

the 1997 ozone and PM2.5 NAAQS. We 

are proposing to find that the current 

Louisiana SIP meets the infrastructure 

elements listed below: 

Emission limits and other control measures 

(110(a)(2)(A) of the Act); 

Ambient air quality monitoring/data system 

(110(a)(2)(B) of the Act); 

Program for enforcement of control measures 

(110(a)(2)(C) of the Act); 

Interstate Transport (110(a)(2)(D)(ii) of the 

Act); 

Adequate resources (110(a)(2)(E) of the Act); 

Stationary source monitoring system 

(110(a)(2)(F) of the Act); 

Emergency power (110(a)(2)(G) of the Act); 

Future SIP revisions (110(a)(2)(H) of the Act); 

Consultation with government officials 

(110(a)(2)(J) of the Act); 

Public notification (110(a)(2)(J) of the Act); 

Prevention of significant deterioration and 

visibility protection (110(a)(2)(J) of the 

Act), 

Air quality modeling data (110(a)(2)(K) of the 

Act); 

Permitting fees (110(a)(2)(L) of the Act); and 

Consultation/participation by affected local 

entities (110(a)(2)(M) of the Act). 

EPA is also proposing to approve the 

following revisions to 33 LAC 5–509, 

submitted by LDEQ on December 20, 

2005 and November 9, 2007: 

1. The 2005 non-substantive 

recodification of the definition for Major 

Modification subsection 2 to subsection 

b, and the 2007 substantive change 

adding NOX to the definition of Major 

Modification. 

2. The 2005 non-substantive 

recodification of the definition for Major 

Stationary Source at subsection 4 to 

subsection d, and the 2007 substantive 

change adding NOX to the definition of 

Major Stationary Source. 

3. The 2005 non-substantive 

recodification of the first paragraph of 

the definition for Significant at 

subsection 1 to subsection a, and the 

2007 substantive change adding NOX as 

a precursor to the table’s criteria and 

other pollutants listing for ozone. 

4. The 2005 non-substantive 

recodification of the first paragraph of 

subsection I.8 to subsection I.5, and the 

2007 substantive change allowing for an 

exemption with respect to ozone 

monitoring for a source with a net 

emissions increase less than 100 tpy of 

NOX. 

EPA is proposing these actions in 

accordance with section 110 and part C 

of the Act and EPA’s regulations and 

consistent with EPA guidance. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 


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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules 21691 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 7, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–9286 Filed 4–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0315, FRL–9296–8] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: EPA is extending the public 

comment period on EPA’s notice of 

proposed rulemaking ‘‘Approval and 

Promulgation of Implementation Plans; 

Washington: Correction’’ published on 

March 23, 2011 at 76 FR 16365. A 

commenter requested additional time to 

review the proposal and prepare 

comments. In response to this request, 

EPA is extending the original 30-day 

comment period for an additional 30 

days. The extended comment period 

will close on May 23, 2011. 

DATES: Comments must be received on 

or before May 23, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2011–0315, by any of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: R10- 

Public_Comments@epa.gov. 

• Mail: Kristin Hall, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Kristin 

Hall, Office of Air, Waste and Toxics, 

AWT—107. Such deliveries are only 

accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2011– 

0315. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at telephone number: (206) 

553–6357, e-mail address: 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: On March 

23, 2011, EPA published a proposed 

rulemaking to correct errors in the State 

Implementation Plan (SIP) for the State 

of Washington regarding the scope of 

certain regulations incorporated by 

reference into the SIP. 76 FR 16365. 

This correction would limit the 

applicability of certain regulations to 

pollutants for which National Ambient 

Air Quality Standards (NAAQS) have 

been established and precursors to those 

NAAQS pollutants. EPA received a 

request that the public comment period 

be extended to allow more time to 

review the proposal and prepare 

comments. In response to this request, 

EPA is extending the original 30-day 

comment period for an additional 30 

days. The extended comment period 

will close on May 23, 2011. 


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