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[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Proposed Rules]
[Pages 21682-21691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9286]

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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.

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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

[[Page 21683]]

``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 ([mu]g/m\3\). The 24-
hour PM2.5 standard was set at 65 [mu]g/m\3\. 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.
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    \1\ Two 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).
    \2\ EPA 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.
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    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.
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    \3\ This and any other guidance documents referenced in this 
action are in the docket for this rulemaking.
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    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

[[Page 21684]]

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.
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    \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).
    \7\ Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3, 
2010).
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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
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         Clean Air Act citation                 Brief description
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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.
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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 
EPA-approved 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));

[[Page 21685]]

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)).
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    \8\ Section 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).
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    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\
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    \9\ Older 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.
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    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.
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    \10\ NOX 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.
    \11\ Title 33 addresses Environmental Quality and Title 55 
addresses Motor Vehicles. Within 33 LAC, the State's rules are 
codified in Part III (Air).
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    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.
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    \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.
    \13\ The section addressing exemptions and variances is found on 
p. 45109 of the 1987 rulemaking.
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    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

[[Page 21686]]

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\
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    \14\ The 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.
    \15\ The 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.
    \16\ The 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.
    \17\ The current design values for 2010 are preliminary, as the 
monitoring seasons have not ended and data has yet to be reviewed 
for quality assurance.
    \18\ A copy of our approval letter is in the docket for this 
rulemaking.
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    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 non-substantive 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

[[Page 21687]]

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.
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    \19\ The Federal Register notice (73 FR 28321) was published May 
16, 2008.
    \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.
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    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 PSD-regulated 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).
---------------------------------------------------------------------------

    \21\ To view Louisiana's letter, in which the State told EPA it 
had this authority, please see http://www.epa.gov/nsr/2010letters/la.pdf.
---------------------------------------------------------------------------

    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

[[Page 21688]]

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.
---------------------------------------------------------------------------

    \22\ For example, annual fees are collected for inspections of 
Stage II Vapor Recovery systems at gasoline dispensing stations.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \23\ The 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.
---------------------------------------------------------------------------

    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 [micro]g/m\3\ 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 
[micro]g/m\3\. The PM2.5 levels have consistently remained 
below this level (140.4 [micro]g/m\3\),

[[Page 21689]]

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.
---------------------------------------------------------------------------

    \24\ The 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \25\ Section 110(a)(2)(J) is divided into three segments: 
Consultation with government officials; public notification; and PSD 
and visibility protection.
    \26\ See 64 FR 72934, published December 29, 1999.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \27\ There are eight forecast areas: Baton Rouge, Alexandria, 
Lake Charles, Lafayette, Monroe, New Orleans, Shreveport, and 
Thibodaux. Please see http://www.deq.louisiana.gov.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \28\ See 75 FR 6827, 6831-32 (discussion of case law relevant to 
the use of PM10 as a surrogate for PM2.5).
---------------------------------------------------------------------------

    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

[[Page 21690]]

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.
---------------------------------------------------------------------------

    \29\ See 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).
---------------------------------------------------------------------------

    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

[[Page 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
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