BOBBY JINDAL GOVERNOR 

# $>tate of JLouisiana
DEPARTMENT OF ENVIRONMENTAL QUALITY 

## OFFICE OF THE SECRETARY

Mr. Ron Curry, Administrator US EPA Region 6 (6-AR) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733
RE: 2008 Ozone Infrastructure SIP
Dear Mr. Curry: 

# RECEIVED

- 5fl'OL

# AI~J'Jchi~JIWA~£u. Sf.l;REI(U!Y 

# 13 JUN

- 1 

# rH 5: O"/

In accordance with Section 110(a)(l) and (2) of the Clean Air Act Amendments of 1990, the state of Louisiana is pleased to provide the State Implementation Plan (SIP) Infrastructure Checklist for the 2008 Ozone National Ambient Air Quality Standards (NAAQS) along with proofofpublication.
This submittal substantiates that the State has adequate provisions to prohibit air pollutant emissions from within the State that: 1.) Significantly contribute to nonattainment ofthe NAAQS 2.) Interfere with maintenance ofthe NAAQS 3.) Interfere with measures required to prevent significant deterioration of air quality; and 4.) Interfere with measures required to protectvisibilityin any other State.
If you or your staff have any questions concerning this submittal, please contact Ms. Tegan Treadaway, Air Permits Division, Administrator at (225) 219-3408 or Tegan.Treadaway@la.gov.

c: GuyDonaldson, EPA Region 6 Carrie Paige, EPA Region 6

Post Office Box 4301 • Baton Rouge, Louisiana 70821-4301 • Phone 225-219-3953 • Fax 225-219-3971 www_df>n_louisian:1 _Q"OV

### FederaiCAA Citation 

### \ §llO(aXI) Louisiana SIPInfrastructure Checklist 

### 2008 Ozone National Ambient Air Quality Standards Revision


### THE CLEAN AIR ACT TITLE l-AIR POLLUTION PREVEN110N AND CONTROL

PART A-ioJRQUALITY AND E\11SSION LIMITATIONS SECTION II()-IMPLEMENTATIONPLANS

Section IIO(a)(l)and (2)
SummaryofFederalLanguage 

### Each State shall, after reasonable notice andpubhc hearings, adopt and submit to the Administrator,

..., a pian which provides for**implementation~**

### maintenance, and enforcement ofsuch primary standard in each air quality control region (or portion thereof) within such State. In 

### addition, such State shall adopt and submit to the Administrator(either as apart ofa plan submitted under the preceding sentenceor separately)

...,aplan which provides for implementation, maintenance, and enforcement ofsuch secondary standard in each air quality control region (or portion thereof) within such State. Unless a separntepublic hearing is provided, each State shall consider its plan Implementing such secondary standard at the hearing required by 

### the first sentence ofthis paragraph.

l Comments 

### on StateLanguage 

### Louisiana submitted to EPA State lm-p-;1-em_e_n-cta-:t 7 

### ion--j Plan (SIP) Revisions thatdealt with the Ozone NAAQS.

: A SIP revision for the "Baton Rouge Severe Area

Rule Update" was submitted on June 15, 2005 and approved byEPA on July 5, 2011 (see 76 FR 38990). 

### Louisiana submitted (January 7, 2008) a letter to EPA certifying that the 1997 8-Hour SIP Infrastructure requirements were satisfied in accordance v.ith Section II O(aXI) and (2) ofthe CAA. EPA approved the Infrastructure elements on July 19,2011 (see 76 FR42549).
The SIP plans: "Baton Rouge Ozone Area , Redesignation Request and Maintenance"; "Baton i 

### Rouge 1997 8-Hour Moderate Reclassificatwn"; and ! 

### "'Baton Rouge Nonattainment Redesignation and 

# i Maintenance Plan Technical 

### Amendment to Section
1· 

### 5, Attainment Inventory and Supporting Appendix E documentation" were submitted**A.~**

### gust 31 j 

### 2010 1

### FederalCAA 

### 1 SummaryofFederalLanguage StateCitation (if 

### : Comments on StateLanguage Citation applicablel and approved byEPA on November 30, 20II (see 76 FR 74000).

I

§IIO(a)(2)(A) Each implementation plan submittedbya Stateunderthis Act shall be adoptedby La. R.S. 30:2054; Louisiana has approved and implementedrules that

Emission Limits the State afterreasonable notice and public hearing. Each such plan shall-include LAC 33:111 Chapters provide for adequate coverage ofthisrequirement and OtherControl , enforceable emission limitations andothercontrol measures. means. ortechniques 2, 5,9, 21 and 22. Measures j (includingeconomic incentives such as fees, marketable permits, and auctions of Iemissions rights), as well as schedules and timetables for compliance, as may be -§llO(a)(2)(B) necessaryor appropriateto meetthe**appli~able** requirements ofthis Act;
·-·--· provide for establishment and operation ofappropriate devices, methods, systems, : Louisiana operates an approved air quality l Ambient Air and procedures necessary

### to--**~** monitoring network consistentwith EPA regulations

Quality (i) monitor1 compile, and analy.?:e data on ambient air quality, and i (40 CFR 50.4). Monitoring/Data (ii)upon request, make such data available 

### to the Administrator; 

# IUnder LDEQ's Grant Work Plan, the department System 

# Imonitors, compiles, and anal)'72S the data for Ozone. Currentlythere are**twenty~**four (24) Ozone monitors in the state with an additional monitor planned for Alexandria, Louisiana. with the finalizatlon ofthe 2008 Ozone Standard.
CurrentLoulsiana air quality monitoringnetwork implements the 8-hour OzoneNAAQS. Air monitoring data can be accessed through the following websites: I 

# L_ http://www.deq.louisiana.gov/portai/DIVISIONS/Assess ment/AirFleldServices/AmbientAirMon1toringProgram/A mbientAirMonitoringDataandReports.aspx**------~---~·-·--** - 2FederaiCAA Summary ofFederalLanguage Citation 

### ·-· 

## -·

--------- §llO(a)(2)(C} include a program to provide for theenforcementofthemeasures described m Program for subpa1'1lgraph (A), and regulation ofthe modification and construction ofany Enforcement of stationary source within the areas covered

### bythe plan as necessary to assure that Control Measures national ambient airquality standards are achieved, including a permit program as required in parts C and D;

1Chapter 1-General Pro"visions Chapter 3 Regulatory Permits Chapter 5- Permit Procedures Chapter 7-AmbientAir Quality -

Chapter 9- General Regulations on Control of Emissions and Emission Standards Chapter 14-Conformity Chapter 21- Control of Emission ofOrganic Compounds Chapter 22- Control of Emission of Nitrogen Oxldes**(NO~)** 1Submitted 12/21/2011. Pending fPA appro.,.a! 3 StateCitation (if Commentson State Language applicable) http://www.deq.louisiana.gov/portai/DIVISIONS/Assess me:nt/AlrFieldServices/AmbientAirMonltoringProgram/A lrMonitorlngData.aspx LDEQ reports the airqualitydata to EPA on a quarterly basis. 

### i

LAC 33:111 Chapter- Louisiana has approved and implemented rules that I, 3, 5,7, 9, 14,21 and 22 1 provide for adequate coverage ofthis requirement.
Louisiana operates an EPA-approved air pennittlng program for major and minor sources.
The PSD program applies to all NSRpollutants, including greenhouse gases (GHG) and PM25• The GHG rule (AQ315) waspromulgatedin the Louisiana Register on April 20, 2011 and submitted to EPA for approval on December21 , 20I 

### I. 2 LDEQ revisedLAC 33:UI.509, Prevention of

### FederalCAA SummaryofFederalLanguage State Citation (if Comments on State Language 

### Citation applicable) Significant Deterioration with substantive changes to rule AQ 328ft. Therule was finalized in the Louisiana Register on December 20,2012 and submitted to EPA for SIP approval on February 7, 2013 3 §IIO(a)(2)(D) 

### contain adequate provisions- LAC 33:111.506 Louisiana has submitted and EPA has approved the lnterstate Transport (i) prohibiting, consistent with the provisions ofthis title, anysource or other type CAIR SIPs for both S02 and NOx for the 1997 8 ofemissions activity within the State from emitting any air pollutant in amounts Hour Ozone NAAQS Both ofthese SIPs meet the which will- requirements ofSec 110(a)(2)(D). See 72 FR

(i)(I) contribute significantlyto nonattainment in, or interfere with maintenance 39741/72 FR55064.* by, any other State with respect to any such national primary or secondaryambient air quality standard, or *On August 21,2012, the U.S. Court ofAppeals

(i)(II) interfere with measures required to be included in the applicable vacated the 2011 Cross-State Air Pollution Rule implementation plan for anyother State under part C to prevent significant (CSAPR) and also ordered the EPA to "continue deterioration ofair quality or to protect visibility, administering CAIRpending the promulgation ofa (ii) insuring compliance with the applicable requirements ofsections 126 and 115 (relatingto interstate and international pollution abatement); valid replacement." In a November 19, 2012, MemorandumbyEPA Assistant Administrator Gina McCarthy, EPA stated that CAIR emission reductions are permanent and enforceable until any "furtherproceedings in the CSAPRcase are resolved or
... until a validreplacement rule is developed

..." While the SIPs may berevised following the outcome ofEPA's petition and/or an interstate transport rule replacement, the controls that have been installed under CAIR will remain in place in accordance with LAC 33:III. 905, which states that when airpollution control facilities have been installed on a property "they shall be used and diligentlymaintained in proper working order

3 Submitted 2/7/2013. Pending EPA approval. 4

### FederalCAA Citation SummarynfFederalLanguage Comments on StateLanguage whenever anyemissionsare beingmade which can becontrolled bythe facilities, even though the amblent air qualitystandards in affected areasare not exceeded."
As it relates to the 2008 8-Hour Ozone NAAQS EPA does notpresently view section 110 (aX2)(D)(i)(I) (significant contribution to nonattainment prong and interference 

### with maintenanceprong) as a '"required submission" consistent with the D.C. Circuit Court's opinion in E!\1E CityGeneration v. EPA, 

### 696 F.3d7,31 (D.C. cir 2012). In thatopinion, the D.C. Circuit Court concluded that a SIP subm1ss1on to address Section 110(a)(2)(D)(i)(I) cannot be considered 

### a "reqmred" SIP submission until EPA has first quantified a 

# Istate's obligation regarding tl1l!1sported pollutants

.

. Louisiana submitted a Regional Haze SIP June 13,

20084 The Regional Haze SIP contains measures thatwill assist with reducing visibility 1rnpa1rment.
The PSD program applies to all NSRpollutants, including greenhouse gases (GHG) and PM,.s.

i 

### Ibc GHGrule (AQ315) waspromulgated in the 

# ILouisiana Register on Aplil20, 2011 and submitted to EPA for approval on December 21,2011. 

# ILDEQrevised LAC 33:llL509, Prevention of : Significant Deterioratwn with substantive changes 

# l i to rule AQ 32Sft. Therule was finalized in the '----------'-----------------------

_______ _,_________**.~__=:;Louisiana** Re ·ster on December 20,2012 and

4 Submitted 6/13/2008. Pending EPA approval. 5

### ·····-· FederaiCAA SummaryofFederalLa11guage StateCitation (if Comments on State Language Citation apulicable) submitted to EPA,for

.. SIP approval on February 7, 2013,

·-·· 

### §ll0(a)(2)(E) pro\iide La, KS, 30:2011 et Louisiana works closely with the various Adequate (i) necessary assurances thatthe State (or, except wherethe Administrator deems seq, 

### stakeholder groups upon the announcementofnev.· 

### Resources inappropriate, the general purpose local governmentor**governments~** or a regional La, RS, 30:2014 national ambient air quality standards; the LDEQ agency designated by the State or general purpose local governments for such particlpates in an advlsory capacity in the Baton purpose) will have adequate personnel, funding, and authority under State (and, as Rouge Clean Air Coalition, appropriate, local) law to carry out such implementation plan (and is not prohibited by anyprovision ofFederal or State law from carrying out such implementation Louisiana hasno local governmental entities that plan orportion thereof), have aJr pollution control capacity. (ji) requirements that the State complywith the requirements respecting State boards under section 128) and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumenta1ity for the implementation ofany plan 

## i 

# I pro,ision,the State has responsibilityfor ensuring adequate implementation of such plan provision;



### !

i

6

### FederalCAA SummaryofFederalLanguage SlateCitation (If Commentson State Language Citation 

### applimblel §IIO(a)(2)(F) require, as maybeprescribed by the Administrator LAC 33:III Chapter9 The SIP pertalnlng to stationary source emissions Stationary Source (i) the installation, maintenance, and replacement ofequipment, and the monitoringwas submitted to EPA on November 15, Monitoring System implementation ofothernecessary steps, 

### by owners oroperators ofstationary 1994 and was approved on February6, 1995 (60 FR sources to monitor emisswnsfrom such sources, 02014). The most recentrevisionswere submitted 1(li) periodic reports on thenature and amounts ofemissions and emissions-related on September 14,2004 and Xovember 9, 2007 and 

### : datafrom such sources, and approved on July 5, 2011 (see 76 FR 38977).This

(iii) correlatlon ofsuch reports 

### bythe State agencywlth any emission limitations SIP revision meets therequirements set forth m or standards established pursuantto this chapter, which reports shall be available at §110(a)(2)(F). reasonabletimes forpublic inspection; 

# I 

# I
I



### :

§11O(a)(2)(G) proVIde for authority comparabletothatin section 303 and adequate contingency LAC 33:1ILChapter The "Prevention ofAir Pollution Emergency plansto implement such authonty; 56 Episodes"provision waspromulgated byLDEQ on December 20l 1987. Revisions were made to the SIP 

# ! in January 1988, and approvedon March 8, 1989 i (54 FR 09795).**----------~·** -·-·······---··· --------------·

7FederalCAA Summary ofFederalLanguage StateCitation (if Comments on State Language Citation applicable) §IIO(a)(2)(H) 

### provide for revision ofsuch plan- La R.S. 30:20II, La. LDEQ revises the SIP, as necessary, to complywith (i) from time to time as maybe necessaryto take account ofrevisions ofsuch R.S. 30:2054 changes to the national ambient air quality standard national primaryor secondary ambient airquality standard or the availability of or findings ofinadequacies. improved ormore expeditious methods ofattaining such standard, and (ii) except as provided in paragraph (3)(C), wheneverthe Administrator finds on the basis ofinformation available to the Administratorthat the plan is substantially inadequate to attain the national ambient air quality standard which it implements 

# I or to otherwise complywith any additional requirements established under this Act;

§IIO(a)(2)(J) meet the applicable requirements ofsection 121 (relating to consultation), section LAC 33:III.509 (PSD Louisiana works with the Federal Land Manager on 127 (relating to public notification), and part C (relating to prevention ofsignificant and Visibility); LAC PSD projects and permits. deterioration ofair quality and visibility protection); 33 :III.531 Public Notice and Affected The PSD program applies to all NSRpollutants, State Notice including greenhouse gases (GHG) and PM,_,.
The PSD program applies to all NSR pollutants, including greenhouse gases (GHG) and PM,.s.
The GHG rule (AQ315) was promulgated in the Louisiana Register on April 20, 2011 and submitted to EPA for approval on December 21 , 20II. LDEQ revised LAC 33:IIl.509, Prevention of Significant Deterioration with substantive changes to rule AQ 328ft. The rule was finalized in the Louisiana Register on December 20, 2012 and submitted to EPA for SIP approval on February 7, 2013.
8

### FederaiCAA SummaryofFederal Language StateCitation (if Comments on State Language 

### Citation applicable) §110(a)(2)(K) 

### provide for- La R.S. 30:2011, La. LDEQ contracts the attainment modeling (i) the perfonnance ofsuch air quality modeling as the Administrator may R.S. 30:2054 requirement when necessary. Modeling was done prescribe for the purpose ofpredicting the effect on ambient air quality ofany for all nonattainment areas in the instance ofOzone emissions ofany air pollutant for which the Administrator has established a as well as Regional Haze. national ambient air quality standard, and (ii) the submission, upon request, ofdata related to such air quality modeling to the Administrator;

§11 O(a)(2)(L) require the owner or operator ofeach major stationary source to payto the LAC 33 :lll Chapter 2 Louisiana has an approved permit fee structure. permitting authority, as a condition ofany permitrequired underthis Act, a fee sufficient to cover- (i) the reasonable costs ofreviewing and acting upon any application for such a permit, and (ii) ifthe owner oroperatorreceives a permit for such source, the reasonable costs ofimplementing and enforcing the terms and conditions ofany such permit (not including anycourt costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources bythe Administrator's approval ofa fee program under title V; and

§11O(a)(2)(M) provide for consultation and participation bylocal political subdivisions affected by LaRS 30: 2011(D) Louisiana includes these entities as part ofthe the plan. (21)(b) stakeholder group beforeplan implementation begins.

9

# Potpourri

POTPOURRI Department ofChildren and Family Services Division ofPrograms

porary Assistance to Needy Families (TANF) Caseload Reduction Report

ment ofChildren and Family Services her

at, in accordance with federal regulatio 40, the Temporary Assistance to Caseload Reduction Report for Lo the public for review and comme
. In order to eive a caseload reduction c dit for minimum particip ·on rates, the agency must ubmit a report based on ta from the Family In pendence Temporary Assistanc rogram (FITAP) and Strategies to Empower People ogram (STEP) c taining the following information: I. a listing of, and and Federal eligibility ch by the state after FY 2005; 2. 

### a nwnerical estimat impact on the applicable caselo (based, as appropriate, on applic or other analyses); 3. 

### an overall estimate of negative impact on the applicabl such eligibility changes; 4. an estimate ofthe sta 5. 

### a description of supporting data that it ed to calc reduction estimates; 6. a certification itive or negative eligibility change

reduction credit; ology and the te its caseload
appropriate opportuni to comment on the stimates and methodology, consi ed their comments, an 'ncorporated all net reductions r ulting from federal and st eligibility changes; and 7. a sum y ofall public comments. Copies of TANF Caseload Reduction Repo obtained by iting Brandy Bonney, Departtnent of and Fami Services, P.O. Box 94065, Baton Roug 70804-9 5, by telephone at (225) 342-4096, or via em brand onney@la.gov.

W en comments regarding the report should also ed to Ms. Bonney. These must be received by close o ness on February 19, 2013.

1301#081 Suzy Sonnier Secretary

Louisiana Register Vol_ 39, No. 01 January20, 2013 224 POTPOURRI Department ofEnvironmental Quality Office ofthe Secretary Legal Division
2008 Ozone (03) National Ambient Air Quality Standards

(NAAQS)--State Implementation Plan (SIP) Revisions
Under the authority of the Louisiana Environmental Quality Act, R.S. 30:2051 et seq., the secretary of the Louisiana Department of Environmental Quality gives notice that the Office ofEnvironmental Services, Air Pennits Division, Manufacturing Section, will submit to the Environmental Protection Agency (EPA) a revision to the infrastructure, as required by Section IIO(a)(l) and (2) ofthe Clean Air Act (CAA). (1301Potl)

On March 27, 2008, EPA revised the primary and secondary Ozone NAAQS from a 1997 8-hour standard of 0.08 part per million (ppm) to a 8-hour standard of 0.075 ppm. Pursuant to Sections 110(a)(I) and (2) of the CAA, each State is required to submit a plan to provide for the implementation, maintenance and enforcement of a newly promulgated or revised NAAQS.

Ifany party requests a public hearing on this matter, one will be scheduled and the comments received will be submitted as an addendum to the original submittal. All interested persons are invited to submit written comments concerning the revisions no later than 4:30 p.m., February 19, 2013, to Sonya Eastern, Office of Environmental Services, P.O. Box 4313, Baton Rouge, LA 70821-4313, fax (225) 219-3474, or by email to sonya.eastem@la.gov.

A copy ofthe recommendation may be viewed online at the LDEQ Air Pennits Engineering and Planning website or the LDEQ headquarters at 602 North Fifth Street, Baton Rouge, LA, Room 536-38.

1301#047 Herman Robinson, CPM Executive Counsel

Pursuant t .S. 49:213.6, the Coastal uthority of Louisiana (CPRA), WI public hearings to receive commen rec endations from the public and from elected offi 

### s

## Comment Summary Response 

## &Concise Statement Louisiana SIP Infrastructure Checklist 2008 Ozone National Ambient Air Quality Standards Revision



## Comment 1:

Response 1:

Comment 2:

Response 2:

Comment 3: Comment on Proposed Submittal for Infrastructure Elements (A-M)


## The information provided in the proposed SIP revision is not detailed enough to substantiate that the State has adequate provisions to meet all the infrastructure requirements of Section IIO(a)(2)(A-M). Infrastructure elements IIO(a)(2)(C), (H) and (K) lack sufficient detail regarding citations under the Louisiana Statute and cross referencing to applicable rules.
The department agrees with this comment. The specific citations have been added.
Comment Specific to Transport Elements
A SIP submission addressing CAA 110(a)(2)(D)(i)(I) is not required consistent with the court's decision. However, the information provided by LDEQ is based upon the 1997 8-hour Ozone NAAQS requirements and is not sufficient to conclude that the State's emissions do not contribute to nonattainrnent or interfere with maintenance ofthe 2008 ozone standards.
The LDEQ agrees in part and disagrees in part. The Department disagrees and points out that the information based upon the 1997 8-hour Ozone NAAQS requirements is relevant [emphasis added] through the CAIR NOx program in that it demonstrates the Department's most recent efforts in maintaining the 8-Hour Ozone NAAQS and to alleviate transport pollutants. The Department agrees with EPA's assessment that the circumstances surrounding the D.C. Circuit court decision in EME City Generation v. EPA, 696 F.3d7,31 (D.C. cir 2012) makes it obsolete to address 110(a)(2(D(i)(I) (requirements regarding significant contribution to nonattainrnent and interference with maintenance). Based on the court's decision 110(a)(2(D(i)(I) is not a "required" SIP submission until EPA has defined a state's obligation regarding transport pollutants.
Comment Specific to Louisiana's PSD Demonstration
For an approvable infrastructure SIP, States need to have in place a comprehensive PSD program that applies to all regulated NSR pollutants, including greenhouse gases (GHGs) and PM2.5. 

## Please ensure that your infrastructure submittal identifies the regulatory citations for LDEQ's authority to regulate GHG consistent with federal requirements in the GHG Tailoring Rule and your authority to regulate PM2

## .s 

## and its precursors

## Response to Comments Ozone Infrastructure SIPs Page 2

Response 3: consistent with EPA's May 16, 2008 NSR PM2.5 

## Implementation Rule in the PSD program. The LDEQ has identified the rulemaking efforts for the adoption ofthe PM2
.5 

## PSD increment and the GHG requirements in sections IIO(a)(2)(C), IIO(a)(2)(D)(i)(II), and IIO(a)(2)(J)(II) of the Clean Air Act. The PSD program applies to all NSR pollutants, including greenhouse gases (GHG) and PM25• 

## The GHG rule (AQ315) was promulgated in the Louisiana Register on April 20, 2011 and submitted to EPA for approval on December 21, 2011. LDEQ revised LAC 33:111.509, Prevention of Significant Deterioration with substantive changes to rule AQ 328ft. The PM2 5 

## rule was finalized in the Louisiana Register on December 20, 2012 and submitted to EPA for SIP approval on February 7, 2013.

Comment Summary Key


## CommentNos. l-3Guy Donaldson, Chief/EPA AirPlanning Section

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6



## Ms. Sonya Eastern Office ofEnvironmental Services 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733



# FEB 152013

Louisiana Department ofEnvironmental Quality P.O. Box 4313 Baton Rouge, LA 70821-4313
Re: Proposed 2008 Ozone Infrastructure State Implementation Plan (SIP)
Dear Ms. Eastern:
Thank you for the opportunity to review and comment on the proposed State Implementation Plan (SIP) revision "2008 OzoneNational Ambient Air Quality Standards Revision" in accordance with Section IIO(a)(l) and (2) ofthe Clean Air Act (CAA). TheEnvironmental Protection Agency (EPA) appreciates the efforts ofthe Louisiana Department ofEnvironmental Quality (LDEQ) to meetthis important CAA requirement. The EPA Region 6 offers the following comments on the proposed SIP revision:
Comment I: Comment on Proposed Submittal for Infrastructure Elements (A-M)
The informationprovided inthe proposed SIP revision is not detailed enough to substantiate that the State has adequate provisions to meet all the infrastructure requirements ofSection IIO(a)(2)(A-M) of the CAA. As a minimum, please provide state legal citations to support/document each infrastructure element you are submitting inthe proposal. Infrastructure elements IIO(a)(2)(C), (H) and (K) 

## lack sufficient detail regarding citations under the Louisiana Statute and cross-referencing to applicable rules. For example, regarding section IIO(a)(2)(H), LDEQ explains it revises the Louisiana SIP, as necessary, to comply with changes to the NAAQS or findings ofinadequacies, yet lists "N/ A"under State Citation in the proposal. As 110(a)(2)(H) requires that a state have the authority to revise the SIP as necessary, we recommend LDEQ additionally provide discussion ofand reference to the State statutory authority that allows LDEQ to make the regularrevisions as stated. Regarding section IIO(a)(2)(K), LDEQ states that LDEQ contracts the attainment modeling requirement when necessary and lists "N/A" under State Citation in the proposal. Section IIO(a)(2)(K) requires that a state have the authority to cooperate with the Federal government and to make the submissions to the EPA. We recommend LDEQ additionally provide discussion ofand reference to such authority that allows LDEQ to make the modeling submissions as stated (e.g., Revised Statutes, Title 30).
The same recommendation for additional detail applies to sections IIO(a)(2)(C) in the proposal.

## Pl~e include a discussion ofand a more comprehensive listing ofrelevant rules (e.g., 33 LAC I,

## 5-7,9,~13- 15 and 21-23 ifappropriate) that address federal requirements in section IIO(a)(2)(C). "<=<> 

## r-'7:;' "J ,-., ·v**-~** 

## Additionally, please refer to our "Guidance on Infrastructure State Implementation Plan (SIP)**~m~rits** 

## Required Under Sections !IO(a)(l) and IIO(a)(2) for the 2008 Lead (Pb) National Ambient

## J\jfQ~y

.. 0) -1::- 1\,; Internet Address (URL) • http:/twww.epa.gov Recycled/Recyclable • Printed wnh Vegetable 011 Based Inks on Recycled Paper (Minimum 25% Postconsumer)

## Standards (NAAQS).'' The Pb Guidance is applicable to mostpollutants and addresses the infrastructure elements for SIPs to meet the requirements ofCAA sections IIO(a)(l) and (2).
Comment 2: Comment Specific to Transport Elements
We appreciate that your proposal attempts to address CAA IIO(a){2)(D)(i)(l) requirements regarding significant contribution to nonattainment and interference with maintenance for the 2008 ozone standards. However, in accordance with the August 21,2012 United States Court ofAppeals for the District ofColumbia Circuitdecision vacating the Cross-State Air Pollution Rule (CSAPR), a SIP submission addressing these requirements is not a "required" SIP submission until EPA has defined a state's obligations regarding transported pollutants. Consistent with the court decision, wedid not make a finding offailure to submit SIPs addressing section !IO(a)(2)(D)(i)(I) ofthe Clean AirAct for the 2008 ozone standards and we do not intend to make such a finding. (Please see the January 15,2013 Federal Register notice, 7S FR 2882 and the November 19,2012EPA memorandum on the court decision at http://www.epa.gov/crossstaterule/pdfs/CSAPR. Memo_to_ Regions.pdf). However, ifLDEQ still wishes to address the CAA 110(a)(2)(D)(i)(I) requirements, the information provided is based upon the 1997 8-hourOzone NAAQS requirements and is not sufficient to conclude thatthe State'semissions do not contributeto nonattainmentor interfere with maintenance ofthe 2008 ozone standards. Modeling andrulemaking conducted for both the Clean Air Interstate Rule (CAIR) and the CSAPR addressed the 1997 ozone standards. Themodeling and rulemaking for CAIRand CSAPRdid not address the 2008 ozone standards.
Comment 3: Comments Specific to Louisiana's PSD Demonstration For an approvable infrastructure SIP, States need to have inplace a comprehensive PSD program that applies to all regulated NSRpollutants, including greenhouse gases (GHGs) and PM2.S· To assist inour review ofthe PSDprogram for infrastructure elements, pleaseensure that your infrastructure submittal identifies the regulatory citations for LDEQ's authority to regulate GHGs consistent withfederal requirements in the GHG Tailoring Rule and your authority to regulate PM2.s and its precursors consistent with EPA's May 16,2008 NSR PM25 Implementation Ruleinthe PSD program. The EPA finalized the PM2

## .s PSD Increment-SILs-SMC Rule (75 FR 64864, October 20, 2010) to provide additional regulatory requirementsunderthe PSD SIP program regarding the implementation of the PM2.s NAAQS for NSR. As a result, the PM2
.5

## PSD Increment- SILs-SMC Rulerequired states to submit SIP revisions to adopt therequired PSD increments by July 20, 2012. This requirement applies to Louisiana. Specifically, the October 20,2010 PM2 .s Rule requires states to adopt and submit for EPA approval a PSD SIP revision that implements the PM2
. 5 

## increments pursuant to section 166(a) ofthe CAA to prevent significant deterioration ofair quality in areas meeting the NAAQS.
We recognize that onJanuary 22, 2013 the U.S. Court ofAppeals for the DistrictofColumbia Circuit Court (Court) vacated and remanded to the EPAportions ofthe October 20,2010PM25 

## Rule establishingPSD significant impact levels (SILs) and significant monitoring concentrations (SMCs) for PM25. However, the PM2.s PSD increment requirements from our October 20, 2010 PM2.s Rule were not subject ofthe Court's decision 

## and remain in place. We encourage the LDEQ to complete the rulemaking process for the adoption ofthe PMz.s increments and associated SIP submittal. Please address this rule makingeffort and the PM2.s PSD increment requirements inthe proposal outlining the requirements ofsections llO(a)(2)(C), 110(a)(2)(D)(i)(II), and !!O(a)(2)(J))(II), ofthe CAA. The EPA will not be able propose a full approval ofthe Infrastructure SIP for the PSD related components of

### sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) until the LDEQ submits a SIP revision addressing the PM2 5

### PSD increment requirements and the EPA approves this SIP revision. Thank you for your efforts to meet this important CAA requirement. We offer our assistance during the SIP revision process. Ifyou have any questions or need additional clarification, please contact Mr. John Walser ofmy staffat 214-665-7128. Please let us know how we may be offurther assistance.

cc: Ms. Vivian Aucoin Air Permits Division Louisiana Departmentof

Environmental Quality Sincerely yours,

# ~~~ 

# 1)).-

- Guy Donaldson Chief Air Planning Section