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 

proof of publication. 

This submittal substantiates that the State has adequate provisions to prohibit air pollutant 

emissions from within the State that: 

1.) Significantly contribute to nonattainment of the NAAQS 

2.) Interfere with maintenance of the NAAQS 

3.) Interfere with measures required to prevent significant deterioration of air quality; 

and 

4.) Interfere with measures required to protect visibility in 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: Guy Donaldson, 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 SIP Infrastructure Checklist 

2008 Ozone National Ambient Air Quality Standards Revision 

THE CLEAN AIR ACT 

TITLE l-AIR POLLUTION PREVEN110N AND CONTROL 

PART A-ioJR QUALITY AND E\11SSION LIMITATIONS 

SECTION II ()-IMPLEMENTATION PLANS 

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

Summary of Federal Language 

Each State shall, after reasonable notice and pubhc hearings, adopt and submit to 

the Administrator, ... , a pian which provides for implementation~ maintenance, and 

enforcement of such 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 a part of a plan submitted under the preceding sentence or 

separately) ... ,a plan which provides for implementation, maintenance, and 

enforcement of such secondary standard in each air quality control region (or 

portion thereof) within such State. Unless a separnte public hearing is provided, 

each State shall consider its plan Implementing such secondary standard at the 

hearing required by the first sentence of this paragraph. 

l 

Comments on State Language 

Louisiana submitted to EPA State lm-p-;1-em_e_n-cta-:t7ion--j 

Plan (SIP) Revisions that dealt with the Ozone 

NAAQS. 

: A SIP revision for the "Baton Rouge Severe Area 

Rule Update" was submitted on June 15, 2005 and 

approved by EPA 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) of the 

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 Summary of Federal Language State Citation (if : 

Comments on State Language Citation applicable l 

and approved by EPA on November 30, 20 II (see 

76 FR 74000). 

I 

§IIO(a)(2)(A) Each implementation plan submitted by a State under this Act shall be adopted by La. R.S. 30:2054; Louisiana has approved and implemented rules that 

Emission Limits the State after reasonable notice and public hearing. Each such plan shall-include LAC 33:111 Chapters provide for adequate coverage of this requirement 

and Other Control , enforceable emission limitations and other control measures. means. or techniques 2, 5,9, 21 and 22. 

Measures j (including economic incentives such as fees, marketable permits, and auctions of 

I emissions rights), as well as schedules and timetables for compliance, as may be 

-§llO(a)(2)(B) 

necessary or appropriate to meet the appli~able requirements of this Act; ·-·--· provide for establishment and operation of appropriate devices, methods, systems, : Louisiana operates an approved air quality 

l Ambient Air and procedures necessary to-- ~ monitoring network consistent with 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; 

I Under LDEQ's Grant Work Plan, the department 

System 

I monitors, compiles, and anal)'72S the data for Ozone. 

Currently there are twenty~ four (24) Ozone monitors 

in the state with an additional monitor planned for 

Alexandria, Louisiana. with the finalizatlon of the 

2008 Ozone Standard. 

Current Loulsiana air quality monitoring network 

implements the 8-hour Ozone NAAQS. 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 

------~---~·-·-- -

2 
FederaiCAA Summary of Federal Language Citation ·-· -· 

---------

§llO(a)(2)(C} include a program to provide for the enforcement of the measures described m 

Program for subpa1'1lgraph (A), and regulation of the modification and construction of any 

Enforcement of stationary source within the areas covered by the plan as necessary to assure that 

Control Measures national ambient air quality standards are achieved, including a permit program as 

required in parts C and D; 

1 Chapter 1-General Pro"visions 

Chapter 3 Regulatory Permits 

Chapter 5- Permit Procedures 

Chapter 7 -Ambient Air Quality 

-

Chapter 9-General Regulations on Control of Emissions and Emission Standards 

Chapter 14 -Conformity 

Chapter 21- Control of Emission of Organic Compounds 

Chapter 22- Control of Emission of Nitrogen Oxldes (NO~) 

1 Submitted 12/21/2011. Pending fPA appro.,.a! 

3 

State Citation (if Comments on State Language applicable) 

http://www.deq.louisiana.gov/portai/DIVISIONS/Assess 

me:nt/AlrFieldServices/AmbientAirMonltoringProgram/A 

lrMonitorlngData.aspx 

LDEQ reports the air quality data 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 221 

provide for adequate coverage of this requirement. 

Louisiana operates an EPA-approved air pennittlng 

program for major and minor sources. 

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 , 20 I I. 2 

LDEQ revisedLAC 33:UI.509, Prevention of 
FederalCAA Summary of Federal Language State Citation (if Comments on State Language Citation applicable) 

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 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 of this title, any source or other type CAIR SIPs for both S02 and NOx for the 1997 8 

of emissions activity within the State from emitting any air pollutant in amounts Hour Ozone NAAQS Both of these SIPs meet the 

which will- requirements of Sec 110(a)(2)(D). See 72 FR 

(i)(I) contribute significantly to nonattainment in, or interfere with maintenance 39741/72 FR 55064.* 

by, any other State with respect to any such national primary or secondary ambient 

air quality standard, or *On August 21,2012, the U.S. Court of Appeals 

(i)(II) interfere with measures required to be included in the applicable vacated the 2011 Cross-State Air Pollution Rule 

implementation plan for any other State under part C to prevent significant (CSAPR) and also ordered the EPA to "continue 

deterioration of air quality or to protect visibility, administering CAIR pending the promulgation of a (ii) insuring compliance with the applicable requirements of sections 126 and 115 

(relating to interstate and international pollution abatement); valid replacement." In a November 19, 2012, 

Memorandum by EPA Assistant Administrator Gina 

McCarthy, EPA stated that CAIR emission 

reductions are permanent and enforceable until any 

"further proceedings in the CSAPR case are 

resolved or ... until a valid replacement rule is 

developed ... " 

While the SIPs may be revised following the 

outcome of EPA'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 air pollution control facilities have been 

installed on a property "they shall be used and 

diligently maintained in proper working order 

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

4 
FederalCAA 

Citation Summary nf Federal Language Comments on State Language 

whenever any emissions are being made which can 

be controlled by the facilities, even though the 

amblent air quality standards in affected areas are 

not exceeded." 

As it relates to the 2008 8-Hour Ozone NAAQS 

EPA does not presently view section 110 

(aX2)(D)(i)(I) (significant contribution to 

nonattainment prong and interference with 

maintenance prong) as a '"required submission" 

consistent with the D.C. Circuit Court's opinion in 

E!\1E City Generation v. EPA, 696 F.3d7,31 (D.C. 

cir 2012). In that opinion, 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 

I state's obligation regarding tl1l!1sported pollutants . 

. Louisiana submitted a Regional Haze SIP June 13, 

20084 The Regional Haze SIP contains measures 

that will assist with reducing visibility 1rnpa1rment. 

The PSD program applies to all NSR pollutants, 

including greenhouse gases (GHG) and PM,.s. 

i Ibc GHG rule (AQ315) was promulgated in the 

I Louisiana Register on Aplil20, 2011 and submitted 

to EPA for approval on December 21,2011. 

I LDEQ revised LAC 33:llL509, Prevention of 

: Significant Deterioratwn with substantive changes 

l

i to rule AQ 32Sft. The rule was finalized in the 

'----------'-----------------------_______ _,_ ________ .~__=:;Louisiana Re ·ster on December 20,2012 and 

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

5 
·····-· FederaiCAA Summary of Federal La11guage State Citation (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 that the State (or, except where the Administrator deems seq, stakeholder groups upon the announcement of nev.· 

Resources inappropriate, the general purpose local government or 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 any provision of Federal or State law from carrying out such implementation Louisiana has no local governmental entities that 

plan or portion thereof), have aJr pollution control capacity. 

(ji) requirements that the State comply with 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 of any plan i I pro,ision, the State has responsibility for ensuring adequate implementation of 

such plan provision; 

! 

i 

6 
Federal CAA Summary of Federal Language Slate Citation (If Comments on State Language Citation applimblel 

§II O(a)(2)(F) require, as may be prescribed by the Administrator LAC 33:III Chapter 9 The SIP pertalnlng to stationary source emissions 

Stationary Source (i) the installation, maintenance, and replacement of equipment, and the monitoring was submitted to EPA on November 15, 

Monitoring System implementation of other necessary steps, by owners or operators of stationary 1994 and was approved on February 6, 1995 (60 FR 

sources to monitor emisswns from such sources, 02014). The most recent revisions were submitted 

1 (li) periodic reports on the nature and amounts of emissions and emissions-related on September 14,2004 and Xovember 9, 2007 and 

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

(iii) correlatlon of such reports by the State agency wlth any emission limitations SIP revision meets the requirements set forth m 

or standards established pursuant to this chapter, which reports shall be available at §110(a)(2)(F). 

reasonable times for public inspection; 

I I 

I 

: 

§ 11 O(a)(2)(G) proVIde for authority comparable to that in section 303 and adequate contingency LAC 33:1ILChapter The "Prevention of Air Pollution Emergency 

plans to implement such authonty; 56 Episodes" provision was promulgated by LDEQ on 

December 20l 1987. Revisions were made to the SIP 

! in January 1988, and approved on March 8, 1989 

i (54 FR 09795). ----------~· -·-·······---··· --------------· 

7 
FederalCAA Summary of Federal Language State Citation (if Comments on State Language Citation applicable) 

§II O(a)(2)(H) provide for revision of such plan- La R.S. 30:20 II, La. LDEQ revises the SIP, as necessary, to comply with 

(i) from time to time as may be necessary to take account of revisions of such R.S. 30:2054 changes to the national ambient air quality standard 

national primary or secondary ambient air quality standard or the availability of or findings of inadequacies. 

improved or more expeditious methods of attaining such standard, and 

(ii) except as provided in paragraph (3 )(C), whenever the Administrator finds on 

the basis of information available to the Administrator that the plan is substantially 

inadequate to attain the national ambient air quality standard which it implements 

or to otherwise comply with any additional requirements established under this Act; I 

§ IIO(a)(2)(J) meet the applicable requirements of section 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 of significant and Visibility); LAC PSD projects and permits. 

deterioration of air 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 , 20 II. 

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 Summary of Federal Language State Citation (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 of such air quality modeling as the Administrator may R.S. 30:2054 requirement when necessary. Modeling was done 

prescribe for the purpose of predicting the effect on ambient air quality of any for all nonattainment areas in the instance of Ozone 

emissions of any 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, of data related to such air quality modeling to the 

Administrator; 

§ 11 O(a)(2)(L) require the owner or operator of each major stationary source to pay to the LAC 33 :lll Chapter 2 Louisiana has an approved permit fee structure. 

permitting authority, as a condition of any permit required under this Act, a fee 

sufficient to cover-

(i) the reasonable costs of reviewing and acting upon any application for such a 

permit, and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs 

of implementing and enforcing the terms and conditions of any such permit (not 

including any court costs or other costs associated with any enforcement action), 

until such fee requirement is superseded with respect to such sources by the 

Administrator's approval of a fee program under title V; and 

§ 11 O(a)(2)(M) provide for consultation and participation by local political subdivisions affected by LaRS 30: 2011(D) Louisiana includes these entities as part of the 

the plan. (21)(b) stakeholder group before plan implementation 

begins. 

9 
Potpourri 

POTPOURRI 

Department of Children and Family Services 

Division of Programs 

porary Assistance to Needy Families (TANF) 

Caseload Reduction Report 

ment of Children 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 of the 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 of all 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 January 20, 2013 224 

POTPOURRI 

Department of Environmental Quality 

Office of the 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 of Environmental Services, Air Penn its 

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. 

If any 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) 219-34 74, or by email to sonya.eastem@la.gov. 

A copy of the 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 II O(a)(2)(A-M). Infrastructure 

elements II O(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 of the 2008 ozone standards. 

The LD EQ 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 rule making efforts for the adoption of the 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 

Comment Nos. l-3Guy Donaldson, Chief/EPA Air Planning Section 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 6 

Ms. Sonya Eastern 

Office of Environmental Services 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

FEB 1 5 2013 

Louisiana Department of Environmental 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 Ozone National Ambient Air Quality Standards Revision" in accordance with Section 

IIO(a)(l) and (2) of the Clean Air Act (CAA). The Environmental Protection Agency (EPA) appreciates 

the efforts of the Louisiana Department of Environmental Quality (LDEQ) to meet this 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 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 II O(a)(2)(A-M) of 

the CAA. As a minimum, please provide state legal citations to support/document each infrastructure 

element you are submitting in the proposal. Infrastructure elements II O(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 of inadequacies, 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 of and reference to the State statutory authority 

that allows LDEQ to make the regular revisions 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 of and 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 II O(a)(2)(C) in the proposal. Pl~e 

include a discussion of and a more comprehensive listing of relevant rules (e.g., 33 LAC I, 5-7,9,~13-

15 and 21-23 if appropriate) 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 most pollutants 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 II O(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 of Appeals for the 

District of Columbia Circuit decision 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, we did not make 

a finding of failure to submit SIPs addressing section !I O(a)(2)(D)(i)(I) of the Clean Air Act 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 19,2012 EPA 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-hour Ozone NAAQS requirements and is not sufficient to conclude 

that the State's emissions do not contribute to nonattainment or interfere with maintenance of the 2008 

ozone standards. Modeling and rulemaking conducted for both the Clean Air Interstate Rule (CAIR) 

and the CSAPR addressed the 1997 ozone standards. The modeling and rulemaking for CAIR and 

CSAPR did not address the 2008 ozone standards. 

Comment 3: Comments 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.S· To assist in our 

review of the PSD program for infrastructure elements, please ensure that your infrastructure submittal 

identifies the regulatory citations for LDEQ's authority to regulate GHGs consistent with federal 

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 Rule in the PSD program. 

The EPA finalized the PM2.s PSD Increment-SILs-SMC Rule (75 FR 64864, October 20, 2010) to 

provide additional regulatory requirements under the PSD SIP program regarding the implementation of 

the PM2.s NAAQS for NSR. As a result, the PM2.5 PSD Increment- SILs-SMC Rule required states to 

submit SIP revisions to adopt the required 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) of the 

CAA to prevent significant deterioration of air quality in areas meeting the NAAQS. 

We recognize that on January 22, 2013 the U.S. Court of Appeals for the District of Columbia Circuit 

Court (Court) vacated and remanded to the EPA portions of the October 20,2010 PM25 Rule 

establishing PSD 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 of the Court's decision and remain in place. We encourage the LDEQ to complete the 

rulemaking process for the adoption of the PMz.s increments and associated SIP submittal. Please 

address this rule making effort and the PM2.s PSD increment requirements in the proposal outlining the 

requirements of sections llO(a)(2)(C), 110(a)(2)(D)(i)(II), and !!O(a)(2)(J))(II), of the CAA. The EPA 

will not be able propose a full approval of the 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. If you have any questions or need additional clarification, please contact Mr. John 

Walser of my staff at 214-665-7128. Please let us know how we may be of further assistance. 

cc: Ms. Vivian Aucoin 

Air Permits Division 

Louisiana Department of 

Environmental Quality 

Sincerely yours, 

~~~ 1)).- - Guy Donaldson 

Chief 

Air Planning Section