35674 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0340 to read as 

follows: 

§ 165.T08–0340 Safety Zones; Captain of 

the Port New Orleans Zone; New Orleans to 

Baton Rouge, LA. 

(a) Safety zones. The following areas 

are safety zones: 

(1) Fireworks display, New Orleans, 

LA. (i) Location. All waters of the Lower 

Mississippi River from mile marker 94.0 

to mile marker 95.0 Above Head of 

Passes. 

(ii) Effective date and time. June 15, 

2016, for one hour in the evening 

between the hours of 6:00 p.m. and 

11:00 p.m. 

(2) LLamasoft Convention fireworks 

display, New Orleans, LA. (i) Location. 

All waters of the Lower Mississippi 

River from mile marker 94.5 to mile 

marker 95.5 Above Head of Passes. 

(ii) Effective date and time. June 16, 

2016, for one hour in the evening 

between the hours of 6:00 p.m. and 

11:00 p.m. 

(3) U.S. Travel Association fireworks 

display, New Orleans, LA. (i) Location. 

All waters of the Lower Mississippi 

River from mile marker 95.7 to mile 

marker 96.7 Above Head of Passes. 

(ii) Effective date and time. June 22, 

2016, for one hour in the evening 

between the hours of 6:00 p.m. and 

11:00 p.m. 

(4) St. John the Baptist Independence 

Day Celebration fireworks display, 

Edgard, LA. (i) Location. All waters of 

the Lower Mississippi River from mile 

marker 137.5 to mile marker 138.5 

Above Head of Passes. 

(ii) Effective date and time. June 30, 

2016, for one hour in the evening 

between the hours of 6:00 p.m. and 

11:00 p.m. 

(5) L’Auberge Casino Independence 

Day Celebration fireworks display, 

Baton Rouge, LA. (i) Location. All 

waters of the Lower Mississippi River 

from mile marker 216.0 to mile 217.0 

Above Head of Passes. 

(ii) Effective date and time. July 4, 

2016, for one hour in the evening 

between the hours of 6:00 p.m. and 

11:00 p.m. 

(6) City of Mandeville Independence 

Day Celebration fireworks display, 

Mandeville, LA. (i) Location. All waters 

of Lake Pontchartrain extending 600 feet 

in any direction from 30° 21.200 N., 

090° 04.500 W. 

(ii) Effective date and time. July 4, 

2016, for one hour in the evening 

between the hours of 6:00 p.m. and 

11:00 p.m. 

(7) American Psychological 

Association Convention fireworks 

display, New Orleans, LA. (i) Location. 

All waters of the Lower Mississippi 

River from mile marker 94.0 to mile 

marker 95.0 Above Head of Passes. 

(ii) Effective date and time. September 

23, 2016, for one hour in the evening 

between the hours of 6:00 p.m. and 

11:00 p.m. 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into these zones is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) New Orleans or designated 

personnel. Designated personnel 

include commissioned, warrant and 

petty officers of the U.S. Coast Guard 

assigned to units under the operational 

control of USCG Sector New Orleans. 

For each event, the COTP New Orleans 

designated representative will be 

announced via Marine Safety 

Information Bulletin and Notice to 

Mariners. 

(2) Vessels requiring deviation from 

this rule must request permission from 

the COTP New Orleans or a COTP New 

Orleans designated representative. They 

may be contacted via the U.S. Coast 

Guard Sector New Orleans Command 

Center, via VHF–FM Channel 16 or by 

phone at (504) 365–2200. 

(3) Persons and vessels permitted to 

deviate from this safety zone regulation 

and enter the restricted areas must 

transit at the slowest safe speed and 

comply with all lawful directions issued 

by the COTP New Orleans or the 

designated representative. 

(c) Information Broadcasts. The COTP 

New Orleans or designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement periods for the safety 

zones as well as any changes in the 

planned schedules. 

Dated: May 13, 2016. 

P.C. Schifflin, 

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

Port New Orleans. 

[FR Doc. 2016–13119 Filed 6–2–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0465; FRL–9947–24– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Infrastructure State 

Implementation Plan Requirements for 

the National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of a State Implementation Plan 

(SIP) submission from the State of 

Louisiana for National Ambient Air 

Quality Standards (NAAQS) for fine 

particulate matter (PM2.5), lead (Pb), 

ozone (O3), nitrogen dioxide (NO2), and 

sulfur dioxide (SO2). This submission 

addresses how the existing SIP provides 

for implementation, maintenance, and 

enforcement of the NAAQS for these 

pollutants (also referred to as an 

infrastructure SIP or i-SIP). These i-SIPs 

ensure that the State’s SIP is adequate 

to meet the state’s responsibilities under 

the Federal Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 5, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2013–0465, at http:// 

www.regulations.gov or via email to 

fuerst.sherry@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

mstockstill on DSK3G9T082PROD with PROPOSALS

Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 35675 

1Additional information on: The history of the 

pollutants, its levels, forms and, determination of 

compliance; EPA’s approach for reviewing i-SIPs; 

the details of the SIPs submittal and EPA’s 

evaluation; the effect of recent court decisions on 

i-SIPs; the statute and regulatory citations in the 

Louisiana SIP specific to this review; the specific 

i-SIP applicable CAA and EPA regulatory citation; 

Federal Register Louisiana minor New Source 

Review program and EPA approval activities; and 

Louisiana’s Prevention of Significant Deterioration 

(PSD) program can be found in the Technical 

Support Document (TSD). 

2 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

3Additional information on: The history of the 

priority pollutants, their levels, forms and, 

determination of compliance; EPA’s approach for 

reviewing i-SIPs; the details of the SIP submittal 

and EPA’s evaluation; the effect of recent court 

decisions on i-SIPs; the statute and regulatory 

citations in the Louisiana SIP specific to this 

review; the specific i-SIP applicable CAA and EPA 

regulatory citations; Federal Register Notice 

citations for Louisiana SIP approvals; Louisiana’s 

minor New Source Review program and EPA 

approval activities; and, Louisiana‘s Prevention of 

Significant Deterioration (PSD) program can be 

found in the Technical Support Document (TSD). 

4A detailed discussion of our evaluation can be 

found in the TSD for this action. The TSD can be 

accessed through www.regulations.gov (e-docket 

EPA–R06–OAR–2013–0465). 

5These SIP submissions became complete by 

operation of law on November 11, 2012 (2006 

PM2.5), April 14, 2012 (2008 Pb), and December 7, 

2013 (2008 O3, 2010 NO2, and 2010 SO2). See CAA 

section 110(k)(1)(B). 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Sherry Fuerst, (214) 665–6454, 

fuerst.sherry@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, (214) 665–6454, 

fuerst.sherry@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with her or Bill Deese at 

(214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ mean EPA. 

I. Background 

On October 17, 2006, following a 

periodic review of the NAAQS for 

PM2.5, EPA revised the PM 2.5 NAAQS.1

The 24-hour standard was revised to 35 

micrograms per cubic meter (mg/m3), 

and the annual standard was revised to 

15 mg/m3 (71 FR 61144). On December 

14, 2012, we promulgated a revised 

primary annual PM2.5 NAAQS (78 FR 

3086). The primary annual standard was 

revised to 12.0 mg/m3, and we retained 

the 24-hour PM2.5 standard of 35 mg/m3

(78 FR 3086). In 2008, following a 

periodic review of the NAAQS for Pb, 

we revised the NAAQS to 0.15 mg/m3 for 

both the primary and secondary 

standards (73 FR 66964). On March 27, 

2008, following a periodic review, EPA 

revised the primary and secondary O3

NAAQS (73 FR 16205) to establish a 

new primary standard of 0.075 parts per 

million (ppm), expressed to three 

decimal places, based on a 3-year 

average of the fourth-highest maximum 

8-hour average concentration, and 

revised the current 8-hour standard by 

making it identical to the revised 

primary standard. 

Likewise, on February 9, 2010, EPA 

revised the primary national ambient air 

quality standard for oxides of nitrogen 

as measured by nitrogen dioxide (NO2), 

for 1-hour standard at a level of 100 

ppb, based on the 3-year average of the 

98th percentile of the yearly distribution 

of 1-hour daily maximum 

concentrations, to supplement the 

existing annual standard (75 FR 6474). 

EPA also established requirements for 

an NO2 monitoring network that 

includes monitors at locations where 

maximum NO2 concentrations are 

expected to occur, including within 50 

meters of major roadways, as well as 

monitors sited to measure the area-wide 

NO2 concentrations that occur more 

broadly across communities. (75 FR 

6474). 

Additionally, on June 22, 2010, the 

EPA revised the primary SO2 NAAQS to 

establish a new 1-hour standard, with a 

level of 75 ppb, based on the 3-year 

average of the annual 99th percentile of 

1-hour daily maximum concentrations 

(75 FR 35520). 

Each state must submit an i-SIP 

within three years after the 

promulgation of a new or revised 

NAAQS. Section 110(a)(2) of the CAA 

includes a list of specific elements the 

i-SIP must meet. In an effort to assist 

states in complying with this 

requirement, EPA issued guidance 

addressing the i-SIP elements for 

NAAQS.2

The Secretary of the Louisiana 

Department of Environmental Quality 

(LDEQ) submitted i-SIP revisions to 

address the revised NAAQS. 

With the exception of the certain 

portions that pertain to interstate 

transport, EPA is proposing to approve 

the Louisiana i-SIP submittals for these 

pollutant NAAQS.3 The exceptions are 

(1) the portions of the 2008 ozone 

NAAQS submittal that pertain to 

interstate transport of Louisiana 

emissions which will significantly 

contribute to nonattainment of the 

NAAQS in other states, (2) the portion 

of the 2010 SO2 NAAQS submittal that 

pertains to interstate transport of 

Louisiana emissions to other states, and 

(3) the portions which will interfere 

with visibility protection measures in 

other states for the 2006 and 2012 PM2.5, 

2008 Pb, 2008 O3, 2010 NO2, and 2010 

SO2 NAAQS. We will take separate 

action on the portions of the 2008 ozone 

and 2010 SO2 NAAQS submittal that 

pertain to significant contribution to 

nonattainment or interference with 

maintenance of the NAAQS in other 

states. We have disapproved portions of 

the Louisiana Regional Haze Plan 

submittal that pertain to interference 

with visibility protection measures in 

other states (77 FR 39425). LDEQ and 

EPA are currently working on a revised 

Louisiana Regional Haze Plan. 

II. EPA’s Evaluation of Louisiana’s 

NAAQS Infrastructure Submissions 

Below is a summary of EPA’s 

evaluation of the Louisiana i-SIP for 

each applicable element of 110(a)(2) A– 

M.4 Louisiana provided a demonstration 

of how the existing Louisiana SIP meets 

the requirements of the 2006 PM2.5

NAAQS, on May 11, 2011; 2008 Pb 

NAAQS on October 14, 2011; 2008 O3, 

2010 NO2, 2010 SO2 NAAQS on June 7, 

2013 and the 2012 PM2.5 NAAQS on 

December 16, 2015. The 2006 PM2.5, 

2008 Pb, 2008 O3, 2010 NO2 and 2010 

SO2 SIP submissions are complete by 

operation of law.5 The 2012 PM2.5

submission was reviewed and 

determined to be complete. 

(A) Emission limits and other control 

measures: The SIP must include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance and other 

related matters as needed to implement, 

mstockstill on DSK3G9T082PROD with PROPOSALS

35676 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 

6The specific nonattainment area plan 

requirements of section 110(a)(2)(I) are subject to 

the timing requirements of section 172, not the 

timing requirement of section 110(a)(1). Thus, 

section 110(a)(2)(A) does not require that states 

submit regulations or emissions limits specifically 

for attaining the 2006 PM2.5, 2008 Pb, 2008 O3, 2010 

NO2, 2010 SO2 or 2012 PM2.5 NAAQS. Those SIP 

provisions are due as part of each state’s attainment 

plan, and will be addressed separately from the 

requirements of section 110(a)(2)(A). In the context 

of an infrastructure SIP, EPA is not evaluating the 

existing SIP provisions for this purpose. Instead, 

EPA is only evaluating whether the state’s SIP has 

basic structural provisions for the implementation 

of the NAAQS. 

7http://www.ecfr.gov/cgi-bin/text-idx?SID=

6e98cdf87e1b896da1b0a8cc2d2f69d6&mc=true&

node=sp40.3.52.t&rgn=div6. 

8See the TSD for additional information. 

9A copy of the 2015 Annual Air Monitoring 

Network Plan and EPA’s approval letter are 

included in the docket for this proposed 

rulemaking. 

10A copy of LDEQ’s 2010 5-year ambient 

monitoring network assessment and EPA’s approval 

letter are included in the docket for this proposed 

rulemaking. 

11See http://airquality.deq.louisiana.gov/ and 

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

Assessment/AirFieldServices/AmbientAir

MonitoringProgram/AmbientAirMonitoringDataand

Reports.aspx. 

12As discussed in further detail in the TSD. 

13EPA is not proposing to approve or disapprove 

the existing Louisiana minor NSR program to the 

extent that it may be inconsistent with EPA’s 

regulations governing this program. EPA has 

maintained that the CAA does not require that new 

infrastructure SIP submissions correct any defects 

in existing EPA-approved provisions of minor NSR 

programs in order for EPA to approve the 

infrastructure SIP for element C (e.g., 76 FR 41076– 

41079, July 13 2011). EPA believes that a number 

of states may have minor NSR provisions that are 

contrary to the existing EPA regulations for this 

program. The statutory requirements of section 

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

designing minor NSR programs. 

14As discussed further in the TSD. 

maintain and enforce each of the 

NAAQS.6 The Louisiana Air Control 

Law found in the Louisiana 

Environmental Quality Act at Louisiana 

Revised Statute (La R.S.)30:2054 

provides the Secretary of the 

Department of Environmental Quality 

with broad legal authority. The 

Secretary can adopt emission standards 

and compliance schedules which are 

applicable to regulated entities; 

emission standards and limitations and 

any other measures necessary for 

attainment and maintenance of national 

standards. The Secretary can also 

enforce applicable laws, regulations, 

standards and compliance schedules, 

and seek injunctive relief. This 

authority has been employed in the past 

to adopt and submit multiple revisions 

to the Louisiana State Implementation 

Plan. The approved SIP for Louisiana is 

documented at 40 CFR part 52.970, 

subpart T.7 LDEQ’s air quality rules and 

standards are codified at Title 33, Part 

III of the Louisiana Administrative Code 

(LAC). Numerous parts of the 

regulations codified into 33 LAC 

necessary for implementing and 

enforcing the NAAQS have been 

adopted into the SIP.8

(B) Ambient air quality monitoring/ 

data system: The SIP must provide for: 

Establishment and implementation of 

ambient air quality monitors, collection 

and analysis of ambient air quality data, 

and authority to provide such data to 

EPA upon request. 

The La R.S. Chapter 2 provides LDEQ 

with the authority to collect air quality 

monitoring data, quality-assure the 

results, and report the data. LDEQ 

maintains and operates a monitoring 

network to measure levels of the 

pollutants in accordance with EPA 

regulations specifying siting and 

monitoring requirements. All 

monitoring data is measured using EPA 

approved methods and subject to the 

EPA quality assurance requirements. 

LDEQ submits all required data to EPA, 

following the EPA regulations. The 

monitoring network was approved into 

the SIP and it undergoes recurrent 

annual review by EPA.9 In addition, 

LDEQ conducts a recurrent assessment 

of its monitoring network every five 

years, as required by EPA rules. The 

most recent of these 5-year monitoring 

network assessments was conducted by 

LDEQ and approved by EPA.10 The 

LDEQ Web site provides the monitor 

locations and posts past and current 

concentrations of criteria pollutants 

measured in the State’s network of 

monitors.11

(C) Program for enforcement of 

control measures: The SIP must include 

the following three elements: (1) A 

program providing for enforcement of 

the measures in paragraph A above; (2) 

a program for the regulation of the 

modification and construction of 

stationary sources as necessary to 

protect the applicable NAAQS (i.e., 

state-wide permitting of minor sources); 

and (3) a permit program to meet the 

major source permitting requirements of 

the CAA (for areas designated as 

attainment or unclassifiable for the 

NAAQS in question).12

(1) Enforcement of SIP Measures. As 

noted in (A), the state statutes provide 

authority for the LDEQ and its Secretary 

to enforce the requirements of the LAC, 

and any regulations, permits, or final 

compliance orders. These statutes also 

provide the LDEQ and its Secretary with 

general enforcement powers. Among 

other things, they can file lawsuits to 

compel compliance with the statutes 

and regulations; commence civil 

actions; issue field citations; conduct 

investigations of regulated entities; 

collect criminal and civil penalties; 

develop and enforce rules and standards 

related to protection of air quality; issue 

compliance orders; pursue criminal 

prosecutions; investigate, enter into 

remediation agreements; and issue 

emergency cease and desist orders. The 

LAC also provides additional 

enforcement authorities and funding 

mechanisms. 

(2) Minor New Source Review. The 

SIP is required to include measures to 

regulate construction and modification 

of stationary sources to protect the 

NAAQS. The Louisiana minor NSR 

permitting requirements are approved as 

part of the SIP.13

(3) Prevention of Significant 

Deterioration (PSD) permit program. 

The Louisiana PSD portion of the SIP 

covers all NSR regulated pollutants and 

has been approved by EPA.14

(D)(i) Interstate Pollution Transport: 

The i-SIP must prohibit emissions 

within Louisiana from contributing 

significantly to the nonattainment of the 

NAAQS in other states, and from 

interfering with the maintenance of the 

NAAQS in other states 

(CAA(a)(2)(D)(i)(I)). The SIP must also 

prohibit emissions within Louisiana 

both from interfering with measures 

required to prevent significant 

deterioration in other states and from 

interfering with measures required to 

protect visibility in other states 

(CAA(a)(2)(D)(i)(II)). 

Fine Particulate Matter: Previously we 

approved the portion of Louisiana’s 

2006 PM2.5 NAAQS i-SIP which 

addressed the requirement that 

emissions within Louisiana be 

prohibited from contributing to the 

nonattainment of the NAAQS in other 

states, and from interfering with the 

maintenance of the NAAQS in other 

states (79 FR 4436). We are not acting 

on the nonattainment/maintenance 

component for the 2012 PM2.5 NAAQS 

at this time. We expect to propose an 

action at a later date. 

Based on information presented in 

this submission, we are approving the 

portion of the i-SIP submittal for both 

the 2006 PM2.5 NAAQS and the 2012 

PM2.5 NAAQS which addresses the 

prevention of interference with PSD 

programs in other states. Louisiana has 

a fully acceptable PSD program. The 

program regulates all NSR pollutants, 

including greenhouse gas (GHG) which 

prevents significant deterioration in 

nearby states. Since Louisiana’s 

Regional Haze Plan was not fully 

approved, we are disapproving the 

portion of the i-SIP which addresses the 

prevention of interference with 

measures required to protect visibility 

mstockstill on DSK3G9T082PROD with PROPOSALS

Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 35677 

15http://www.epa.gov/airtrends/2011/report/full

report.pdf. 

16More information about this is provided in the 

TSD. 

17 77 FR 9532, February 17, 2012. 18http://epa.gov/airtrends/values.html. 19See NOX SIP call, 63 FR 57371 (October 27, 

1998); CAIR, 7025172 (May 12, 2005; and Transport 

Rule or Cross-State Air Pollution Rule 76 FR 48208 

(August 8, 2001). 

in other states for both the 2006 PM2.5

NAAQS and the 2012 PM2.5 NAAQS. 

We cannot ensure that Louisiana 

emissions will not interfere with 

visibility protection measures in other 

States. 

Lead: We propose to approve the 

portion of the submittal which 

addresses the requirement that 

emissions within Louisiana be 

prohibited from contributing to the 

nonattainment of the Pb NAAQS in 

other states, and from interfering with 

the maintenance of the Pb NAAQS in 

other states. The physical properties of 

Pb, which is a metal and very dense, 

prevent Pb emissions from experiencing 

a significant degree of travel in the 

ambient air. No complex chemistry is 

needed to form Pb or Pb compounds in 

the ambient air; therefore, ambient 

concentrations of Pb are typically 

highest near Pb sources. More 

specifically, there is a sharp decrease in 

ambient Pb concentrations as the 

distance from the source increases. 

According to EPA’s report entitled Our 

Nation’s Air: Status and Trends 

Through 2010, Pb concentrations that 

are not near a source of Pb are 

approximately 8 times less than the 

typical concentrations near the source.15

There are no areas within the State of 

Louisiana designated as nonattainment 

with respect to the 2008 lead NAAQS. 

LDEQ’s 2015 ambient monitoring plan 

provided information on significant lead 

sources and their location. There are 

two significant sources of Pb emissions 

within the state that emit more than Pb 

in amounts equal to or exceeding 0.5 

tons per year and no sources within two 

miles of a neighboring state line. 

We are also proposing to approve the 

portion pertaining to the prevention of 

significant deterioration in other states 

for lead, as Louisiana has a fully 

acceptable PSD program. The program 

regulates all NSR pollutants, including 

greenhouse gas (GHG) which prevents 

significant deterioration in nearby 

States. 

Significant impacts from Pb emissions 

from stationary sources are limited to 

short distances from emitting sources, 

therefore, visibility is not effected by 

lead emissions.16 Given this 

information, we propose to approve the 

portion of the Pb i-SIP submittal related 

to the protection of visibility in other 

states. 

Ozone: At this time we are not 

proposing action on the i-SIP submittals 

which address the prevention of 

emissions which significantly 

contribute to the nonattainment of the 

ozone NAAQS in other states, and the 

interference with the maintenance of the 

ozone NAAQS in other states. We plan 

to act on this portion of the i-SIP in a 

separate action. 

Based on information presented in 

this submission, we are proposing to 

approve the portion of the submittal 

related to the prevention of significant 

deterioration in other states, as 

Louisiana has a fully acceptable PSD 

program. The program regulates all NSR 

pollutants, including greenhouse gas 

(GHG) which prevents significant 

deterioration in nearby states. Since 

Louisiana’s Regional Haze Plan was not 

fully approved, we also are 

disapproving the portion of the 

submittal related to the protection of 

visibility in other states. 

Nitrogen Dioxide: We propose to 

approve the portion of the submittal 

which addresses the prevention of 

emissions which significantly 

contribute to the nonattainment of the 

NO2 NAAQS in other states and 

interfere with the maintenance of the 

NO2 NAAQS in other states. On 

February 17, 2012, EPA designated the 

entire country as ‘‘unclassifiable/

attainment’’ for the 2010 NO2.17 The 

available air quality data show that all 

areas in the country meet the 2010 NO2

NAAQS for 2008–2010. No state or 

tribal entity recommended an area be 

designated ‘‘nonattainment.’’ As listed 

in our NO2 Design Values report,18 only 

one maintenance area exists for the 

prior annual NO2 NAAQS (Los Angeles, 

California). With no nonattainment or 

maintenance areas in surrounding 

states, Louisiana does not significantly 

contribute to nonattainment or 

maintenance of these NAAQS in any of 

the contiguous states. As further 

evidence that Louisiana’s NO2

emissions do not contribute to 

nonattainment or maintenance of 

NAAQS, we reviewed more recent 

monitoring data for NO2 throughout the 

United States. Using previous EPA 

methodology,19 we evaluated specific 

monitors identified as having 

nonattainment and or maintenance 

problems, which we refer to as 

‘‘receptors’’. We identify nonattainment 

receptors as any monitor that violated 

the NO2 NAAQS in the most recent 

three year period. Meanwhile, we 

identify NO2 maintenance receptors as 

any monitor that violated the NO2

NAAQS in either of the prior 

monitoring cycles (2010–2012 and 

2011–2013), but attained in the most 

recent monitoring cycle (2012–2014). 

During the three most recent design 

value periods of 2010 through 2012, 

2011 through 2013 and 2012 through 

2014, we found no monitors violating 

the 2010 NO2 NAAQS in the U.S. 

We are approving the portion of the 

submittal related to the prevention of 

significant deterioration in other states, 

as Louisiana has a fully acceptable PSD 

program. The program regulates all NSR 

pollutants, including greenhouse gas 

(GHG) which prevents significant 

deterioration in nearby states. Since 

Louisiana’s Regional Haze Plan was not 

fully approved, we also are not 

approving the portion of the submittal 

related to the protection of visibility in 

other states. 

Sulfur Dioxide: At this time we not 

taking action on the portion of the 

submittal which addresses the 

prevention of emissions which 

significantly contribute to the 

nonattainment of the SO2 NAAQS in 

other states and interfere with the 

maintenance of the SO2 NAAQS in 

other states. We expect to take action on 

this portion of the SIP submittal at a 

later time. 

(D)(ii) Interstate Pollution Abatement 

and International Air Pollution: In 

addition, states must comply with the 

requirements listed in sections 115 and 

126 of the CAA which were designed to 

aid in the abatement of interstate and 

international pollution (CAA 

110(a)(2)(D)(ii)). Section 126(a) requires 

new or modified sources to notify 

neighboring states of potential impacts 

from the source. Louisiana’s PSD 

program contains the element pertaining 

to notification to neighboring states of 

the issuance of PSD permits. Section 

115 relates to international pollution 

abatement. As there are no findings by 

EPA that air emissions originating in 

Louisiana affect other countries, we 

propose to approve the portions of the 

i-SIPs pertaining to CAA section 

110(a)(2)(D)(ii). 

(E) Adequate authority, resources, 

implementation, and oversight: The SIP 

must provide for the following: (1) 

Necessary assurances that the state (and 

other entities within the state 

responsible for implementing the SIP) 

will have adequate personnel, funding, 

and authority under state or local law to 

implement the SIP, and that there are no 

legal impediments to such 

implementation; (2) compliance with 

requirements relating to state boards as 

explained in section 128 of the CAA; 

and (3) necessary assurances that the 

state has responsibility for ensuring 

mstockstill on DSK3G9T082PROD with PROPOSALS

35678 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 

20This infrastructure SIP rulemaking will not 

address the Louisiana program for provisions 

related to nonattainment areas, since EPA considers 

evaluation of these provisions to be outside the 

scope of infrastructure SIP actions. 

adequate implementation of any plan 

provision for which it relies on local 

governments or other entities to carry 

out. Both elements (A) and (E) address 

the state have adequate authority to 

implement and enforce the SIP without 

legal impediments. 

The i-SIP submissions for these 

pollutants describe the SIP regulations 

governing the various functions of 

personnel within the LDEQ, including 

the administrative, technical support, 

planning, enforcement, and permitting 

functions of the program. 

With respect to funding, La R.S. 

30:2011 and the SIP require LDEQ to 

establish an emissions fee schedule for 

sources in order to fund the reasonable 

costs of administering various air 

pollution control programs and 

authorizes LDEQ to collect additional 

fees necessary to cover reasonable costs 

associated with processing of air permit 

applications. EPA conducts periodic 

program reviews to ensure that the state 

has adequate resources and funding to, 

among other things, implement and 

enforce the SIP. 

As required by the CAA and the SIP, 

the majority of the members that 

compose any board or body which 

approves permits or enforcement orders 

must not derive any ‘‘significant 

portion’’ of their income from persons 

subject to permits and enforcement 

orders or persons who appear before the 

board on issues related to the CAA or 

the Louisiana Air Quality Rules (La. R.S. 

2014.1). The members of the board or 

body, or the head of an agency with 

similar powers, are required to 

adequately disclose any potential 

conflicts of interest. 

Louisiana has not delegated any 

authority to implement any of the 

provisions of its plan to local 

governmental entities. The LDEQ acts as 

the primary air pollution control 

agency. 

(F) Stationary source monitoring 

system: The SIP must provide for the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from such sources. 

The SIP shall also require periodic 

reports on the nature and amounts of 

emissions and emissions-related data 

from such sources. It shall require that 

the state correlate the source reports 

with emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 

LAC 33:III Chapter 9 authorizes the 

LDEQ to require persons engaged in 

operations which result in air pollution 

to monitor or test emissions and to file 

reports containing information relating 

to the nature and amount of emissions. 

There are also SIP-approved state 

regulations pertaining to sampling and 

testing and requirements for reporting of 

emissions inventories (60 FR 02014). In 

addition, SIP-approved rules establish 

general requirements for maintaining 

records and reporting emissions. 

The LDEQ uses this information, in 

addition to information obtained from 

other sources, to track progress towards 

maintaining the NAAQS, develop 

control and maintenance strategies, 

identify sources and general emission 

levels, and determine compliance with 

SIP-approved regulations and additional 

EPA requirements. The SIP requires this 

information be made available to the 

public. Provisions concerning the 

handling of confidential data and 

proprietary business information are 

included in the SIP-approved 

regulations. These rules specifically 

exclude from confidential treatment any 

records concerning the nature and 

amount of emissions reported by 

sources. 

(G) Emergency authority: The SIP 

must provide the LDEQ with authority 

to restrain any source from causing 

imminent and substantial endangerment 

to public health or welfare or the 

environment. The SIP must include an 

adequate contingency plan to 

implement LDEQ’s emergency 

authority. 

La R.S 30:2011.D.15 provides LDEQ 

with the required authority to address 

environmental emergencies, and LDEQ 

has contingency plans to implement the 

emergency episode provisions in the 

SIP. The LDEQ promulgated the 

‘‘Prevention of Air Pollution Emergency 

Episodes,’’ which includes contingency 

measures, and these provisions were 

approved into the SIP in 1989 (54 FR 

9783). The episode criteria and 

contingency measures are found in 33 

LAC Chapter 56. 

Louisiana has general emergency 

powers to address any possible 

dangerous air pollution episode if 

necessary to protect the environment 

and public health. 

(H) Future SIP revisions: States must 

have the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate to attain the 

NAAQS. 

La R.S. 30:2011 authorizes the LDEQ 

to revise the Louisiana SIP, as 

necessary, to account for revisions of an 

existing NAAQS, establishment of a 

new NAAQS, to attain and maintain a 

NAAQS, to abate air pollution, to adopt 

more effective methods of attaining a 

NAAQS, and to respond to EPA SIP 

calls concerning NAAQS adoption or 

implementation. 

(I) Nonattainment areas: The CAA 

section 110(a)(2)(I) requires that in the 

case of a plan or plan revision for areas 

designated as nonattainment areas, 

states must meet applicable 

requirements of part D of the CAA, 

relating to SIP requirements for 

designated nonattainment areas. 

However, as noted earlier, EPA 

believes that nonattainment area 

requirements should be treated 

separately from the infrastructure SIP 

requirements. The specific SIP 

submissions for designated 

nonattainment areas, as required under 

CAA title I, part D, are subject to 

different submission schedules than 

those for section 110 infrastructure 

elements. Instead, EPA will take action 

on part D attainment plan SIP 

submissions through a separate 

rulemaking process governed by the 

requirements for nonattainment areas, 

as described in part D.20

(J) Consultation with government 

officials, public notification, PSD and 

visibility protection: The SIP must meet 

the following four CAA requirements: 

(1) Those listed in section 121 of the 

CAA, relating to interagency 

consultation; (2) those listed in section 

127, relating to public notification of 

NAAQS exceedances and related issues; 

(3) prevention of significant 

deterioration of air quality and (4) 

visibility protection. 

(1) Interagency consultation: As 

required by the LAC, there must be a 

public hearing before the adoption of 

any regulations or emission control 

requirements, and all interested persons 

are given a reasonable opportunity to 

review the action that is being proposed 

and to submit data or arguments, either 

orally or in writing, and to examine 

witnesses testifying at the hearing (La 

R.S. 30:2011). In addition, the LAC 

provides the LDEQ the power and duty 

to establish cooperative agreements with 

local authorities, and consult with other 

states, the federal government and other 

interested persons or groups in regard to 

matters of common interest in the field 

of air quality control (La. R.S. 30:2032). 

Furthermore, the Louisiana PSD SIP 

rules mandate that the LDEQ provide for 

mstockstill on DSK3G9T082PROD with PROPOSALS

Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 35679 

public participation and notification 

regarding permitting applications to any 

other state or local air pollution control 

agencies, local government officials of 

the city or county where the source will 

be located, tribal authorities, and 

Federal Land Manager (FLMs) whose 

lands may be affected by emissions from 

the source or modification (LAC 

33:III.509). Additionally, the State’s PSD 

SIP rules require the LDEQ to consult 

with FLMs regarding permit 

applications for sources with the 

potential to impact Class I Federal 

Areas. The SIP also includes a 

commitment to consult continually with 

the FLMs on the review and 

implementation of the visibility 

program. Louisiana recognizes the 

expertise of the FLMs in monitoring, as 

well as new source review applicability 

analyses for visibility. The State has 

agreed to notify the FLMs of any 

advance notification or early 

consultation with a new or modifying 

source prior to the submission of a 

permit application. Likewise, the State’s 

Transportation Conformity SIP rules 

provide for interagency consultation, 

resolution of conflicts, and public 

notification. 

(2) Public Notification: On January 10, 

1980, the Governor submitted final 

revisions to the ambient monitoring 

portion of the plan. These revisions 

were included into the SIP on August 6, 

1981 (46 FR 40005). This portion of the 

SIP includes requirements for public 

notification of information related to air 

quality standards violation included in 

Part 51 in order to meet the 

requirements of Section 127 of the Act, 

requiring the LDEQ to regularly notify 

the public of instances or areas in which 

any NAAQS are exceeded. In addition, 

as discussed for infrastructure element 

B above, the LDEQ air monitoring Web 

site provides quality data for each of the 

monitoring stations in Louisiana; this 

data is provided instantaneously for 

certain pollutants, such as ozone. The 

Web site also provides information on 

the health effects of lead, ozone, 

particulate matter, and other criteria 

pollutants. 

(3) PSD and Visibility Protection: The 

PSD requirements for this element are 

the same as those addressed under 

element (C) above. As was mentioned 

earlier, the State has a PSD program, so 

this requirement has been met. The 

Louisiana SIP requirements relating to 

visibility and regional haze are not 

affected when EPA establishes or revises 

a NAAQS. Therefore, EPA believes that 

there are no new visibility protection 

requirements due to the revision of the 

NAAQS, and consequently there are no 

newly applicable visibility protection 

obligations pursuant to infrastructure 

element (J). 

(K) Air quality and modeling/data: 

The SIP must provide for performing air 

quality modeling, as prescribed by EPA, 

to predict the effects on ambient air 

quality of any emissions of any NAAQS 

pollutant, and for submission of such 

data to EPA upon request. 

The LDEQ has the power and duty, 

under La R.S. 30:2011 et seq. to develop 

facts and investigate providing for the 

functions of environmental air quality 

assessment. Past modeling and 

emissions reductions measures have 

been submitted by the State and 

approved into the SIP. Additionally, 

Louisiana has the ability to perform 

modeling for primary and secondary 

NAAQS on a case by case permit basis 

consistent with their SIP-approved PSD 

rules and with EPA guidance. 

The La R.S. authorizes and requires 

LDEQ to cooperate with the federal 

government and local authorities 

concerning matters of common interest 

in the field of air quality control, 

thereby allowing the agency to make 

such submissions to the EPA. 

(L) Permitting Fees: The SIP must 

require each major stationary source to 

pay permitting fees to the permitting 

authority, as a condition of any permit 

required under the CAA, to cover the 

cost of reviewing and acting upon any 

application for such a permit, and, if the 

permit is issued, the costs of 

implementing and enforcing the terms 

of the permit. The fee requirement 

applies until a fee program established 

by the state pursuant to Title V of the 

CAA, relating to operating permits, is 

approved by EPA. 

The State has met this requirement as 

it has a fully developed fee system in 

place which is outlined in LAC:III 

Chapter 2 and is approved as part of the 

SIP. See element (E) above for the 

description of the mandatory collection 

of permitting fees outlined in the SIP. 

(M) Consultation/participation by 

affected local entities: The SIP must 

provide for consultation and 

participation by local political 

subdivisions affected by the SIP. 

See the discussion for element (J) 

above for a description of the SIP’s 

public participation process, the 

authority to advise and consult, and the 

PSD SIP’s public participation 

requirements. Additionally, the state 

noted that La R.S. 30: 2011(D)(21) also 

requires initiation of cooperative action 

between local authorities and the LDEQ, 

between one local authority and 

another, or among any combination of 

local authorities and the LDEQ for 

control of air pollution in areas having 

related air pollution problems that 

overlap the boundaries of political 

subdivisions, and entering into 

agreements and compacts with 

adjoining states and Indian tribes, where 

appropriate. The transportation 

conformity component of the Louisiana 

SIP requires that interagency 

consultation and opportunity for public 

involvement be provided before making 

transportation conformity 

determinations and before adopting 

applicable SIP revisions on 

transportation-related issues. (LAC 

33:III1434) 

III. Proposed Action 

EPA is proposing to approve in part 

the May 11, 2011, October 14, 2011,

June 7, 2013 and December 16, 2015 

infrastructure SIP submissions from 

Louisiana, which address the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2006 PM2.5, 

2008 Pb, 2008 O3, 2010 NO2, 2010 SO2, 

and 2012 PM2.5 NAAQS. The table 

below outlines the specific actions EPA 

is proposing to take. 

PROPOSED ACTION ON LOUISIANA INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS 

Element 2006 

PM2.5

2008 

Pb 

2008 

Ozone 

2010 

NO2

2010 

SO2

2012 

PM2.5

(A): Emission limits and other control measures ......................... A A A A A A 

(B): Ambient air quality monitoring and data system .................. A A A A A A 

(C)(i): Enforcement of SIP measures .......................................... A A A A A A 

(C)(ii): PSD program for major sources and major modifications A A A A A A 

(C)(iii): Permitting program for minor sources and minor modifications .................................................................................... A A A A A A 

(D)(i)(I): Contribute to nonattainment/interfere with maintenance 

of NAAQS (requirements 1 and 2) ........................................... A* A No action A No action No action 

mstockstill on DSK3G9T082PROD with PROPOSALS

35680 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules 

PROPOSED ACTION ON LOUISIANA INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS—Continued 

Element 2006 

PM2.5

2008 

Pb 

2008 

Ozone 

2010 

NO2

2010 

SO2

2012 

PM2.5

(D)(i)(II): PSD (requirement 3) ..................................................... A A A A A A 

(D)(i)(II): Visibility Protection (requirement 4) .............................. D A D D D D 

(D)(ii): Interstate and International Pollution Abatement ............. A A A A A A 

(E)(i): Adequate resources ........................................................... A A A A A A 

(E)(ii): State boards ...................................................................... A A A A A A 

(E)(iii): Necessary assurances with respect to local agencies .... A A A A A A 

(F): Stationary source monitoring system .................................... A A A A A A 

(G): Emergency power ................................................................. A A A A A A 

(H): Future SIP revisions ............................................................. A A A A A A 

(I): Nonattainment area plan or plan revisions under part D ...... + + + + + + 

(J)(i): Consultation with government officials ............................... A A A A A A 

(J)(ii): Public notification ............................................................... A A A A A A 

(J)(iii): PSD ................................................................................... A A A A A A 

(J)(iv): Visibility protection ............................................................ + + + + + + 

(K): Air quality modeling and data ............................................... A A A A A A 

(L): Permitting fees ...................................................................... A A A A A A 

(M): Consultation and participation by affected local entities ...... A A A A A A 

Key to Table 1: Proposed action on LA infrastructure SIP submittals for various NAAQS 

A—Approve 

A*—Approved at an earlier date 

+—Not germane to infrastructure SIPs 

No action—EPA is taking no action on this infrastructure requirements 

NA—Not applicable 

D—Disapprove 

Based upon review of the state’s 

infrastructure SIP submissions and 

relevant statutory and regulatory 

authorities and provisions referenced in 

these submissions or referenced in 

Louisiana’s SIP, EPA believes that 

Louisiana has the infrastructure in place 

to address all applicable required 

elements of sections 110(a)(1) and (2) 

(except as noted in table above) to 

ensure that the 2006 PM2.5, 2008 Pb, 

2008 O3, 2010 NO2, 2010 SO2, and 2012 

PM2.5 NAAQS are implemented in the 

state. 

IV. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed rule does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Interstate transport of pollution, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: May 18, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–13032 Filed 6–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket Nos. 16–166; FCC 16–61] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2016 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) will revise its Schedule of 

Regulatory Fees in order to recover an 

mstockstill on DSK3G9T082PROD with PROPOSALS