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service-connected disability, the 

Director of the Compensation Service or 

his or her delegatee, upon field station 

submission, is authorized to approve on 

the basis of the criteria set forth in this 

paragraph (b), an extra-schedular 

evaluation commensurate with the 

actual impairment of earning capacity 

due exclusively to the referred 

disability. The governing norm in these 

exceptional cases is a finding by the 

Director of the Compensation Service or 

delegatee that application of the regular 

schedular standards is impractical 

because the referred disability is so 

exceptional or unusual due to such 

related factors as marked interference 

with employment or frequent periods of 

hospitalization. 

* * * * * 

(Authority: 38 U.S.C. 501(a), 1155) 

[FR Doc. 2016–08937 Filed 4–19–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0243; A–1–FRL– 

9945–11–Region 1] 

Air Plan Approval; Vermont; Stage I 

Vapor Recovery Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Vermont. This revision includes 

regulatory amendments that clarify 

Stage I vapor recovery requirements at 

gasoline dispensing facilities (GDFs). 

The intended effect of this action is to 

approve Vermont’s revised Stage I vapor 

recovery regulations. This action is 

being taken in accordance with the 

Clean Air Act. 

DATES: Written comments must be 

received on or before May 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2015–0243 at http://

www.regulations.gov, or via email to 

Arnold.Anne@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

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 the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

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/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100 (mail 

code: OEP05–2), Boston, MA 02109– 

3912, telephone number (617) 918– 

1660, fax number (617) 918–0660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action rule, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

Rules Section of this Federal Register. 

Dated: April 1, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2016–09067 Filed 4–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0821; FRL–9945–10– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Revisions to the New Source Review 

State Implementation Plan; Air Permit 

Procedure Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

portions of ten revisions to the 

Louisiana New Source Review (NSR) 

State Implementation Plan (SIP) 

submitted by the Louisiana Department 

of Environmental Quality (LDEQ). These 

revisions to the Louisiana SIP provide 

updates to the minor NSR and 

nonattainment new source review 

(NNSR) permit programs in Louisiana 

contained within the Chapter 5 Permit 

Procedures and Chapter 6 Regulations 

on Control of Emissions through the Use 

of Emission Reduction Credits (ERC) 

Banking rules as initially submitted on 

November 15, 1993, and the subsequent 

rule amendments for Air Permit 

Procedure revisions submitted through 

November 3, 2014. The EPA’s final 

action will incorporate these rules into 

the federally approved SIP. The rules 

generally enhance the SIP and were 

evaluated in accordance with CAA 

guidelines for the EPA action on SIP 

submittals and general rulemaking 

authority. This proposed action is 

consistent with the requirements of 

section 110 of the CAA. 

DATES: Written comments must be 

received on or before May 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2014–0821, at http://

www.regulations.gov or via email to 

kordzi.stephanie@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 

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 


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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 Stephanie Kordzi, 214–665– 

7520, kordzi.stephanie@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/

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the 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: 

Stephanie Kordzi, telephone (214) 665– 

7520, kordzi.stephanie@epa.gov. To 

inspect the hard copy materials, please 

schedule an appointment with 

Stephanie Kordzi at 214–665–7520 or 

Mr. Bill Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Summary of State SIP Submittals for 

Chapter 5 and Chapter 6 Air Permit 

Program 

A. November 15, 1993, Submittal 

B. November 10, 1994, Submittal 

C. July 25, 1997, Submittal 

D. June 22, 1998, Submittal 

E. June 27, 2003, Submittal 

F. May 5, 2006, Submittal 

G. November 9, 2007, Submittal 

H. August 14, 2009, Submittal 

I. August 29, 2013, Submittal 

J. November 3, 2014, Submittal 

II. Evaluation 

A. Revisions to the NSR Air Permit 

Procedures 

B. Does the proposed approval of the 

Louisiana minor and nonattainment NSR 

Air Permit procedure revisions interfere 

with attainment, reasonable further 

progress, or any other applicable 

requirement of the Act? 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Summary of State SIP Submittals for 

Chapter 5 and Chapter 6 Air Permit 

Program 

The EPA is proposing approval of the 

SIP revisions submitted by the State of 

Louisiana. The proposed revisions 

modify Louisiana’s minor NSR and 

NNSR Chapters 5 Permit Procedure and 

Chapter 6 Regulations on Control of 

Emissions through the Use of Emission 

Reduction Credits (ERC) Banking rules 

enacted at Louisiana Administrative 

Code (LAC) 33:III.501, 502, 503, 504, 

511, 513.A.2., 513.A.3, 513.A.4., 

513.A.5., 513.A.6., 513.B., 513.C., 515, 

517, 519.A., 519.B., 521, 523, 525, 527, 

529, 601, 603, 605, 607, 615, and 619. 

The revisions provide clarity to the 

rules, correct contradictory language, 

update permit application and fee 

requirements, revise the rules to 

conform to the latest Louisiana laws, 

and add to the ‘‘Insignificant Activities 

List’’. 

A. November 15, 1993, Submittal 

On November 15, 1993, the LDEQ 

submitted revisions to the SIP. This SIP 

submittal incorporated revisions to the 

Louisiana Administrative Code (LAC) 

during the year 1993. It includes final 

revised regulation enacted at LAC 33:III, 

sections 501, 502, 503, 504, 505, 507, 

511, 513, 515, 517, 519, 521, 523, 525, 

527, 529, and 533. The EPA is proposing 

to take action on sections 501, 502, 503, 

511, 513, 515, 517, 519, 523, 525, 527, 

and 529. The EPA already approved 

section 504 (NNSR Procedures) into the 

SIP on October 10, 1997, 62 FR 52948. 

The 504 rules were then subsumed into 

later SIP approval revisions. The EPA 

returned sections 505, 507, and 533 due 

to their association with the Title V 

operating permit program requirements 

to the LDEQ on August 4, 2015. The 

EPA is not taking action and severing 

section 513.A.1 (which references 

section 531), section 519.C. (which 

references section 531), and section 531 

regarding public notice. Those specific 

sections will be addressed in a separate 

action. The EPA is not taking action and 

is severing section 501.B.1.d. at this 

time. 

B. November 10, 1994, Submittal 

On November 10, 1994, the LDEQ 

submitted revisions to the SIP. This SIP 

submittal incorporated revisions to the 

LAC published in the Louisiana Register 

on November 20, 1994. It includes final 

revised regulations enacted at LAC 

33:III, sections 501, 507, 517, 521, 527, 

and 533. The EPA is proposing to take 

action on sections 501, 517, 521, and 

527. The EPA returned sections 507 and 

533 due to their association with the 

title V operating permit program 

requirements to LDEQ on August 4, 

2015. 

C. July 25, 1997, Submittal 

On July 25, 1997, the LDEQ submitted 

the 1996 General revisions to the SIP. 

This SIP submittal incorporated 

revisions to LAC 33:III, sections 501, 

504, 509, and 517 adopted during 1996. 

The EPA is proposing action on section 

517. The EPA already approved sections 

501, 504 and 509 on November 5, 2015 

(80 FR 68451). Section 504 was 

approved in 1997 as noted above and 

revisions have been subsumed into the 

SIP since the EPA’s last action 

approving changes to the 504 rules on 

September 30, 2002 (67 FR 61260). 

D. June 22, 1998, Submittal 

On June 22, 1998, the LDEQ 

submitted the 1997 General revisions to 

the SIP. This SIP submittal incorporated 

revisions to the LAC during the year 

1997 and revisions to the LAC not 

previously federally approved. It 

includes final revised regulation at LAC 

33:III, sections 501, 509, and 517. The 

EPA is proposing action on sections 501 

and 517. The EPA already approved 

section 509 on November 5, 2015 (80 FR 

68451). 

E. June 27, 2003, Submittal 

On June 27, 2003, the LDEQ 

submitted the 2002 General revisions to 

the SIP. This SIP submittal incorporated 

revisions to the LAC during the year 

2002. It includes final revised regulation 

LAC 33:III, section 501 covering the 

insignificant activities list. The EPA is 

proposing action on section 501. 

F. May 5, 2006, Submittal 

On May 5, 2006, the LDEQ submitted 

the 2005 General revisions to the SIP. 

This SIP submittal incorporated 

revisions to the LAC during the year 

2005 and revisions to the LAC not 

previously federally approved. It 

includes final revised regulation 

sections LAC 33:III.501, 504, 505, 507, 

509, 517, and 521. The EPA is proposing 

action on sections 501, 517, and 521. 

Since the last approval of section 504 in 

2002, the EPA approved changes to 

section 504 as well as section 509 on 

November 5, 2015 (80 FR 68451). The 

EPA returned to LDEQ sections 505 and 

507.C.3. due to their association with 

the title V operating permit program 

requirements on August 4, 2015. The 

EPA returned to LDEQ sections 507.H.4 

and 507.H.5.d. due to their association 

with the title V operating permit 

program requirements on February 2, 

2016. 

G. November 9, 2007, Submittal 

On November 9, 2007, the LDEQ 

submitted the 2006 General revisions to 

the SIP. This SIP submittal incorporated 

revisions to the LAC during the year 

2006 and revisions to the LAC not 

previously federally approved. It 

includes final revised regulation 

sections at LAC 33:III.501, 504, 509, 


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513, 531, and 607. The EPA is proposing 

action on sections 513.A.2. and 513.A.6. 

The EPA already approved sections 501, 

504, 509, and 607 on November 5, 2015 

(80 FR 68451). The EPA is not taking 

action and severing section 513.A.1. 

(which references section 531) and 

section 531 regarding public notice. 

Those specific sections will be 

addressed in a separate action. 

H. August 14, 2009, Submittal 

On August 14, 2009, the LDEQ 

submitted the 2007 General revisions to 

the SIP. This SIP submittal incorporated 

revisions to the LAC during the year 

2007 and includes revisions to the LAC 

not previously federally approved. It 

includes final revised regulation 

sections LAC 33:III.501, 504, 505, 506, 

and 507 contained in Chapter 5. It also 

includes final revised regulation 

sections LAC 33:III.603, 605, 607, 613, 

and 615 contained in Chapter 6. The 

EPA is proposing action on section 501. 

The EPA already approved sections 504, 

603, 605, 607, 613, and 615 on 

November 5, 2015 (80 FR 68451). The 

EPA already approved section 506 on 

April 17, 2014, (79 FR 21631). The EPA 

returned section 505 to LDEQ on 

February 2, 2016, because it addresses 

the Acid Rain Program Permitting 

Requirements, which are implemented 

in the title V program rather than the 

SIP. The EPA returned section 507 to 

LDEQ on February 2, 2016, because it 

concerns the title V program which is 

not part of a SIP. 

I. August 29, 2013, Submittal 

On August 29, 2013, the LDEQ 

submitted the 2008–2010 Volatile 

Organic Compounds Rule SIP Revision. 

This SIP submittal incorporated 

revisions to the LAC during the years 

2008–2010 and includes revisions to 

final revised regulation section LAC 

33:III.523. The EPA is proposing action 

on section 523. 

J. November 3, 2014, Submittal 

On November 3, 2014, the LDEQ 

submitted the 2011–2013 Permit Rule 

revisions to the SIP. This SIP submittal 

incorporated revisions to the LAC 

during the years 2011–2012. It includes 

final revised regulation sections LAC 

33:III.211, 223, 317, 319, 501, 502, 503, 

504, 523, 537, 601, 603, 605, 607, 615, 

619, and 2132. The EPA is proposing 

action on sections 501, 502, 503, 504, 

523, 601, 603, 605, 607, 615, and 619. 

The LDEQ withdrew sections 211 and 

223 from SIP consideration by letter on 

December 2, 2015. The EPA is not acting 

on sections 317, 319, and 2132 because 

this action only addresses Chapters 5 

and 6. The EPA is not taking action on 

section 537 (AQ286) and revised 

citation 501.B.2.d.i.(a) (AQ270) because 

the original 2008–2010 rule revision 

containing these sections was never 

submitted to the EPA. The EPA is not 

taking action and is severing section 

501.B.1.d. at this time. 

Table 1 below summarizes the 

changes that are in the SIP revision 

submittals. A summary of the EPA’s 

evaluation of each section and the basis 

for our proposed approval is included in 

this rulemaking. The accompanying 

Technical Support Document (TSD) 

includes a detailed evaluation of the 

submittals and our rationale. The TSD 

may be accessed online at 

www.regulations.gov, Docket No. EPA– 

R06–OAR–2014–0821. 

TABLE 1—SUMMARY OF EACH NSR SIP SUBMITTAL AFFECTED BY THIS ACTION

Title of SIP submittal 

Date 

submitted 

to EPA 

Date of 

state 

adoption 

Regulations affected 

Air Permit Procedure Revisions ................................... 11/15/1993 1993 Sections 501, 502, 503, 511, 513, 515, 517, 519.A., 

519.B., 521, 523, 525, 527, and 529. 

Air Permit Procedure Revisions ................................... 11/10/1994 11/20/1994 Sections 501, 517, 521, and 527. 

Air Permit Procedure Revisions ................................... 7/25/1997 1996 Section 517. 

Air Permit Procedure Revisions ................................... 6/22/1998 1997 Sections 501 and 517. 

Air Permit Procedure Revisions ................................... 6/27/2003 2002 Section 501. 

Air Permit Procedure and ERC Banking Revisions ..... 5/5/2006 2005 Sections 501, 517, and 521. 

Air Permit Procedure and ERC Banking Revisions ..... 11/9/2007 2006 Section 513. 

Air Permit Procedure Revisions ................................... 8/14/2009 2007 Section 501. 

2008–2010 Volatile Organic Compounds Rule ............ 8/29/2013 9/20/2008 Section 523. 

2011–2013 Permit Rule SIP Revision .......................... 11/3/2014 2011 Sections 501, 502, 503, 504, 523, 601, 603, 605, 

615, and 619. 

II. Evaluation 

A. Revisions to the NSR Air Permit 

Procedures 

We evaluated the SIP submissions 

and are proposing approval of the 

Louisiana Permit Procedures Revisions 

and ERC Banking Provisions, as 

identified, beginning with the 

November 15, 1993, through the 

November 3, 2014, submissions. The 

Act at section 110(a)(2)(C) requires 

states to develop and submit to the EPA 

for approval into the SIP, 

preconstruction review programs 

applicable to new and modified 

stationary sources of air pollutants for 

attainment and nonattainment areas that 

cover both major and minor new 

sources and modifications, collectively 

referred to as the NSR SIP. The CAA 

NSR SIP program is composed of three 

separate programs: Prevention of 

Significant Deterioration (PSD), NNSR, 

and Minor NSR. PSD is established in 

part C of title I of the CAA and applies 

in areas that meet the National Ambient 

Air Quality Standards (NAAQS), i.e., 

‘‘attainment areas’’, as well as areas 

where there is insufficient information 

to determine if the area meets the 

NAAQS, i.e., ‘‘unclassifiable areas.’’ The 

NNSR SIP program is established in part 

D of title I of the CAA and applies in 

areas that are not in attainment of the 

NAAQS, i.e., ‘‘nonattainment areas.’’ 

The Minor NSR SIP program addresses 

construction or modification activities 

that do not emit, or have the potential 

to emit, beyond certain major source 

thresholds and thus do not qualify as 

‘‘major’’ and applies regardless of the 

designation of the area in which a 

source is located. This particular SIP 

action will address the minor NSR and 

NNSR permitting programs. 

The EPA regulations governing the 

criteria that states must satisfy for the 

EPA approval of the NSR programs as 

part of the SIP are contained in 40 CFR 

51.160–51.166. However, the PSD rules 

are not being evaluated in this action 

and therefore 40 CFR 51.166 does not 

provide a basis for a decision in this 

proposal. In addition, there are several 

provisions in 40 CFR part 51 that apply 

generally to all SIP revisions. As stated 


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1Supporting documentation is contained in the 

monitoring data of ambient air quality for NAAQS 

criteria for cities located throughout Louisiana. See 

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

Assessment/AirFieldServices/AmbientAir

MonitoringProgram/AmbientAirMonitoringDataand

Reports.aspx. 

above, 40 CFR 51.160 establishes the 

enforceable procedures that all NSR 

programs must include. 40 CFR 51.160– 

51.164 require that a SIP revision 

demonstrate that the adopted rules will 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of the CAA. 

Based upon our evaluation of the 

submittals, the EPA has concluded that 

the submittals as ultimately revised 

meet the requirements of the CAA 

section 110(a). 

Our evaluation found that May 20, 

2012 and November 20, 2012 adopted 

revisions to the NNSR program, 

submitted on November 3, 2014 revised 

the program to address all 

nonattainment area pollutants and was 

necessary to ensure the Louisiana NNSR 

offset bank is able to be used in future 

instances where the State is designated 

nonattainment for other criteria 

pollutants. Prior to this action, the EPA 

proposed full approval of the major PSD 

and NNSR permitting program update, 

(80 FR 50240), specifically those NNSR 

requirements submitted prior to 

November 3, 2014. That action was 

finalized on November 5, 2015 (80 FR 

68451). 

Our evaluation of the proposed minor 

NSR revisions found the proposed 

revisions address requirements that 

enhance the SIP. These changes (1) 

define insignificant activities that will 

not require permitting; (2) correct 

contradictory language in the 

insignificant activities list; (3) provide 

edits to the Permit Procedure Rule as 

requested by the EPA; (4) include 

procedures for incorporating test results; 

(5) unify and streamline name and 

ownership changes for all media; and 

(6) revise references to various LDEQ 

divisions. All of these changes will help 

to ensure that the LA Minor NSR rules 

to meet the CAA requirements. 

B. Does the proposed approval of the 

Louisiana minor and nonattainment 

NSR Air Permit procedure revisions 

interfere with attainment, reasonable 

further progress, or any other applicable 

requirement of the Act? 

We have determined that the 

regulations submitted to the EPA for 

approval as SIP revisions meet the 

requirements of CAA section 110(l). The 

EPA’s conclusion is based upon a lineby-line comparison of the proposed 

revisions with the federal requirements. 

The goal is to demonstrate that the 

proposed revisions will not interfere 

with the attainment of the NAAQS, Rate 

of Progress, RFP or any other applicable 

requirement of the CAA. 

The EPA prepared a CAA section 

110(l) analysis in its review of the 

proposed list to serve as a basis for 

demonstrating noninterference for the 

affected pollutants for any applicable 

requirement for attainment and 

reasonable further progress such as: (1) 

Turning a maintenance area back into a 

nonattainment area; (2) turning an 

attainment/unclassifiable area into a 

nonattainment area; (3) leading to a PSD 

increment exceedance; (4) causing the 

nonattainment area to have higher 

violations; or (5) causing a 

nonattainment area to have a greater 

number of NAAQS standard 

exceedances. This evaluation is 

contained in the individual tables for 

each regulatory section and is found in 

Section IV Conclusion of the TSD. The 

TSD can be found in the docket for this 

action. The comparison demonstrates 

that the changes made to the Louisiana 

rules reflect either the same regulatory 

language, or are consistent with the 

requirements found in the federal rules. 

Further, the Additional Comments to 

the table contained in section IV for the 

proposed revisions to section 501 in the 

TSD contain supporting technical 

documentation establishing in detail a 

CAA section 110(l) analysis regarding 

the tables of Insignificant Activities 

defined in section 501. Specifically, the 

Section 501.B.3, Insignificant Activities 

list, submitted on 5/5/2006, revised the 

former submittal 11/10/1994, which was 

then subsumed by the 6/27/2003 

submittal. 

Our finding is based in part on the 

historic trends of ambient air quality for 

the NAAQS pollutants, including ozone 

and sulfur dioxide (SO2), since those 

pollutants have caused past air quality 

issues.1 The EPA took into 

consideration the following factors 

when making the decision to propose 

approval into the SIP of the permit 

exemptions listed in the Insignificant 

Activities tables in section 501: 

• Compliance with the 8-hour ozone 

standard has improved state-wide with 

ozone pollutant concentrations trending 

downward with an average 23% 

decrease in ozone since the late 1980’s. 

This average decrease represents air 

monitoring values in the Louisiana 

cities of Baton Rouge, Lake Charles, 

Monroe, New Orleans, and Point 

Coupee Parish. 8-Hour ozone trends are 

listed in the table below: 

LA cities 

8-Hour ozone 

(ppb) 

1986 

8-Hour ozone 

(ppb) 

2015 

Reduction 

(%) 

Baton Rouge ................................................................................................................................ 98 71 28 

Lake Charles (Calcasieu Parish) ................................................................................................. 92 67 27 

Monroe ......................................................................................................................................... 73 61 16 

New Orleans ................................................................................................................................ 89 70 22 

Pointe Coupe Parish .................................................................................................................... 85 67 21 

• The Baton Rouge marginal ozone 

nonattainment area is currently 

monitoring attainment for the 2008 

ozone NAAQS. The 8-Hour ozone 

values have dropped from 83 ppb in 

2006–2008 down to 71 ppb design value 

for 2015 in Baton Rouge. 

• Compliance with the SO2 standard 

has improved significantly state-wide 

with SO2 pollutant concentrations 

trending downward with an average 

55% decrease in SO2 since the mid 

2000’s. This average value represents 

the Louisiana air monitoring locations 

of Baton Rouge, Lake Charles, 

Chalmette, Port Allen, Shreveport, and 

Meraux. SO2 trends are listed in the 

table below: 


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LA cities SO2 (ppb) 

2007 

SO2 (ppb) 

2013 

Reduction 

(%) 

Shreveport ................................................................................................................................... 21 12 43 

Lake Charles ................................................................................................................................ 42 32 24 

Baton Rouge ................................................................................................................................ 65 19 71 

Meraux ......................................................................................................................................... 32 19 41 

Chalmette ..................................................................................................................................... 331 112 66 

Port Allen ..................................................................................................................................... 143 23 84 

• The EPA determined the St. 

Bernard 2010 SO2 NAAQS 

nonattainment area was caused 

primarily by one large source of SO2

emissions, the Rain CII Carbon LLC— 

Chalmette Coke Plant. The LDEQ is 

currently preparing a proposed SIP 

attainment demonstration, ‘‘St. Bernard 

Parish SO2 Nonattainment Area 

Louisiana SIP Revision,’’ which was 

submitted to the EPA on April 1, 2015, 

for review. The EPA provided 

comments and is working with the 

LDEQ to ensure the SIP revision 

contains the appropriate emission limits 

to bring the area into attainment status. 

The St. Bernard SO2 nonattainment area 

has documented SO2 pollutant 

concentrations decreasing from a 331 

ppm SO2 design value in 2009 down to 

a 159 ppm SO2 design value in 2014. 

• Compliance with the Particulate 

Matter (PM10) standard is maintained 

and is below regulatory NAAQS levels. 

PM10 emission concentrations have 

trended downward an average 25% 

statewide since the mid 2000’s. The 

average statewide 24-hour PM10

concentration is 28 ug/m3 which is 19% 

of the NAAQS level for PM10. The 

average value represents the Louisiana 

air monitoring locations of Baton Rouge, 

New Orleans, Chalmette, Shreveport, 

and Lafayette. 

• Compliance with the average 

statewide annual PM2.5 standards is 

maintained with an average annual 

maximum concentration of 10.8 ug/m3, 

which is below the average annual 

primary standard for PM2.5 of 12 ug/m3. 

• The Baton Rouge Capitol air 

monitor is the only monitor collecting 

samples and analyzing for Carbon 

Monoxide (CO). The 2014 annual 

average CO value was 0.26 ppm and the 

maximum monitored value was 5.34 

ppm which is below the 9 ppm standard 

(8 hour averaging time). 

Since the list of exempted sources 

included in the proposed revisions have 

historically operated without coverage 

by an air permit and there are no 

anticipated increases in emissions or in 

the number of these type of sources 

resulting from the approval of the 

exempted list into the SIP, the EPA has 

determined the possibility of a low level 

of potential impacts on ambient air 

quality as a result of the emission 

sources and activities included in the 

proposed LAC 33:III section 501 

exemptions list and this conclusion is 

supported by ambient air monitoring 

trends in the State of Louisiana. 

Our determination is consistent with 

our assessment of the environmental 

insignificance of these emissions. In 

addition, the LDEQ has been carrying 

out the minor NSR air permitting 

program based on the codification of 

their permitting policy without any 

indication that these permit exempted 

sources have interfered with attainment 

or reasonable further progress or 

increased PSD increment. Therefore, the 

EPA proposes to approve the 

exemptions lists in section 501 into the 

Louisiana SIP. 

Based on supporting air quality 

monitoring data documenting air quality 

improvements throughout the State, the 

EPA proposes to approve Section 501 

containing the list of the exempted 

sources into the Louisiana SIP since it 

meets the requirements of CAA section 

110(l) and since state agencies are 

provided the latitude to define the types 

and sizes of facilities, buildings, 

structures, or installations subject to 

review in accordance with 40 CFR 

51.160(e). We believe the 

implementation of this rule will not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, maintaining 

PSD increment, or any other applicable 

requirement of the CAA. 

III. Proposed Action 

The EPA proposes approval of the 

identified sections of the revisions to 

the air permitting procedures as 

submitted as revisions to the Louisiana 

NSR SIP Permit program on November 

15, 1993, November 10, 1994, July 25, 

1997, June 22, 1998, June 27, 2003, May 

5, 2006, November 9, 2007, August 14, 

2009, August 29, 2013, and November 3, 

2014, submittals. The EPA has made the 

determination in accordance with the 

CAA and the EPA regulations at 40 CFR 

51.160–51.165. Therefore, under section 

110 and part C of the Act, and for the 

reasons presented above and in our 

accompanying TSD, the EPA proposes 

approval of the revisions to the 

Louisiana SIP identified in Table 2 

below which summarizes each 

regulatory citation that is affected by 

this action. 

TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION

Section 

Date 

submitted to 

EPA as SIP 

amendment 

Affected regulation 

Section 501—Scope and Applicability 

Section 501.A ........................................... 11/15/1993 Sections 501.A.1. and A.2. 

Section 501.B ........................................... 11/15/1993 Sections 501.B.1.a., B.1.b., B.1.c., B.2., B.3., B.4., B.5., B.6., and B.7. 

11/10/1994 Sections 501.B.5.A and 501.B.5.B. 

6/22/1998 Sections 501.B.3.c. and 501.B.3.d. 

6/27/2003 Section 501.B.5. 

5/5/2006 Sections 501.B.5, 501.B.32, and 501.D.a.–d. 

11/3/2014 Sections 501.B.1.c., 501.B.1.e., 501.B.4.a.i., 501.B.5. Table 1, and 501.B.8. 

Section 501.C ........................................... 11/15/1993 Sections 501.C.1., C.2., C.3., C.4., C.5., C.6., C.7., C.8., and C.9. 

5/5/2006 Section 501.C.1. 

11/9/2007 Sections 501.C.11., C.12., and C.13. 


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TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION—Continued 

Section 

Date 

submitted to 

EPA as SIP 

amendment 

Affected regulation 

8/14/2009 Section 501.C.1. 

Section 502—Definitions 

Section 502 ............................................... 11/15/1993 Section 502 Definitions—Clean Air Act, EPA, Final Permit, Fugitive Emissions, Permit Revision, Permit Renewal, Permitting Authority, Potential to Emit, Proposed 

Permit, Stationary Source. 

Portions of definitions as outlined in Technical Support Document for: Emissions 

Unit, Regulated Air Pollutant, Responsible Official, and title I Modification. 

11/3/2014 Section 502.A. Definitions—Nonroad Engine. 

Section 503—Minor Source Permit Requirements 

Section 503.A ........................................... 11/15/1993 Section 503.A. 

Section 503.B ........................................... 11/15/1993 Sections 503.B., 503.B.1., 503.B.2., and 503.B.3. 

11/3/2014 Section 503.B.2. 

Section 504—Nonattainment New Source Review (NNSR) Procedures and Offset Requirements in Specified Parishes 

504.A ......................................................... 11/3/2014 Sections 504.A.2., 504.A.3., and 504.A.4. 

504.D ........................................................ 11/3/2014 Section 504.D.5. 

504.F ......................................................... 11/3/2014 Sections 504.F.1., 504.F.2. 

504.M ........................................................ 11/3/2014 Sections 504.M.., 504.M.1, 504.M.2.a.–c., 504.M.3., and 504.M.4. 

Section 511—Emission Reductions 

Section 511 ............................................... 11/15/1993 Section 511. 

Section 513—General Permits, Temporary Sources, and Relocation of Portable Facilities 

Section 513.A ........................................... 11/15/1993 Sections 513.A.2., 513.A.3., 513.A.4., and 513.A.5. 

11/9/2007 Sections 513.A.2., 513.A.6. 

Section 513.B ........................................... 11/15/1993 Sections 513.B.1., B.2., B.3., and B.4. 

Section 513.C ........................................... 11/15/1993 Sections 513.C.1., 513.C.2., and 513.C.3. 

Section 515—Oil and Gas Wells and Pipelines Permitting Provisions 

Section 515 ............................................... 11/15/1993 Section 515. 

Section 515.A ........................................... 11/15/1993 Sections 515.A.1., 515.A.2, 515.A.3., 515.A.4., 515.A.5. 

Section 515.B ........................................... 11/15/1993 Sections 515.B.1., 515.B.2. 

Section 517—Permit Applications and Submittal of Information 

Section 517.A ........................................... 11/15/1993 Sections 517.A., 517.A.1., 517.A.2., 517.A.3. 

6/22/1998 Section 517.A.3. 

Section 517.B ........................................... 11/15/1993 Sections 517.B., 517.B.1., 517.B.2., and 517.B.3. 

Section 517.C ........................................... 11/15/1993 Section 517.C. 

Section 517.D ........................................... 11/15/1993 Sections 517.D., 517.D.1, 517.D.2., 517.D.3., 517.D.4., 517.D.5., 517.D.6., 

517.D.7., 517.D.8., 517.D.9., 517.D.10., 517.D.11., 517.D.12., 517.D.13., 

517.D.14., 517.D.15., 517.D.16., 517.D.17., and 517.D.18. 

Section 517.E ........................................... 11/15/1993 Sections 517.E., 517.E.1., 517.E.2., 517.E.3., 517.E.4., 517.E.5., 517.E.6., 

517.E.7., and 517.E.8. 

Section 517.F ............................................ 11/15/1993 Sections 517.F., 517.F.1., 517.F.2., 517.F.3., 517.F.4., 517.F.5., 517.F.6., 517.F.7., 

and 517.F.8. 

11/10/1994 Section 517.F.1. 

7/25/1997 Section 517.F. 

Section 517.G ........................................... 11/15/1993 Section 517.G. 

5/5/06 Section 517.G. 

Section 519—Permit Issuance Procedures for New Facilities, Initial Permits, Renewals and Significant Modifications 

Section 519.A ........................................... 11/15/1993 Sections 519.A., 519.A.1., 519.A.2., 519.A.3., and 519.A.4. 

Section 519.B ........................................... 11/15/1993 Sections 519.B., 519.B.1., and 519.B.2. 

Section 521—Administrative Amendments 

Section 521.A ........................................... 5/5/06 Section 521.A.3. 

11/10/1994 Section 521.A.6. 


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TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION—Continued 

Section 

Date 

submitted to 

EPA as SIP 

amendment 

Affected regulation 

Section 523—Procedures for Incorporating Test Results 

Section 523.A ........................................... 11/15/1993 Sections 523.A.1. and A.2. 

11/3/2014 Section 523.A.1.b. 

Section 523.B ........................................... 11/15/1993 Sections 523.B.1., B.2., B.3., and B.4. 

8/29/2013 Sections 523.B.3., 523.B.4., and 523.B.5. 

Section 525—Minor Modifications 

Section 525.A ........................................... 11/15/1993 Sections 525.A., 525.A.1., 525.A.2., and 525.A.3. 

Section 525.B ........................................... 11/15/1993 Sections 525.B., 525.B.1., and 525.B.2. 

Section 527—Significant Modifications 

Section 527.A ........................................... 11/15/1993 Sections 527.A., 527.A.1., 527.A.2., and 527.A.3. 

11/10/1994 Sections 527.A.2., 527.A.2.c. 

Section 527.B ........................................... 11/15/1993 Sections 527.B., 527.B.1., 527.B.2., 527.B.3., 527.B.4., and 527.B.5. 

11/10/1994 Section 527.B. 

Section 529—Reopenings for Cause 

Section 529.A ........................................... 11/15/1993 Sections 529.A., 529.A.1., and 529.A.2. 

Section 529.B ........................................... 11/15/1993 Sections 529.B., 529.B.1., 529.B.2., 529.B.3., and 529.B.4. 

Section 601—Purpose 

Section 601.A ........................................... 11/3/2014 Section 601.A. 

Section 603—Applicability 

Section 603.A ........................................... 11/3/2014 Section 603.A. 

Section 603.B ........................................... 11/3/2014 Section 603.B. 

Section 605—Definitions 

Section 605.A ........................................... 11/3/2014 Section 605.A. Definitions—Bankable Emission Reductions and Offset, 

Repealed Definitions—Base Case Inventory, Base Line Inventory, Current Total 

Point-Source Emissions Inventory, Modeled Parishes. 

Section 607—Determination of Creditable Emission Reductions 

Section 607.C ........................................... 11/3/2014 Sections 607.C., 607.C.1., and 607.C.4. 

Section 615—Schedule for Submitting Applications 

Section 615.B ........................................... 11/3/2014 Section 615.B. 

Section 619—Emission Reduction Credit Bank 

Section 619.A ........................................... 11/3/2014 Section 619.A. 

IV. Incorporation by Reference 

In this action, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

revisions to the Louisiana regulations as 

described in the Proposed Action 

section above. We have made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 6 office. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, 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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 


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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). 

In addition, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

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

Dated: April 7, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–08927 Filed 4–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2015–0804; FRL–9945–03– 

OW] 

RIN 2040–AF59 

Proposal of Certain Federal Water 

Quality Standards Applicable to Maine 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes federal Clean 

Water Act (CWA) water quality 

standards (WQS) that would apply to 

certain waters under the state of Maine’s 

jurisdiction. EPA proposes human 

health criteria (HHC) to protect the 

sustenance fishing use in those waters 

in Indian lands and for waters subject to 

sustenance fishing rights under the 

Maine Implementing Act (MIA) based 

on a fish consumption rate that 

represents an unsuppressed level of fish 

consumption by the four federally 

recognized tribes. EPA proposes six 

additional WQS for waters in Indian 

lands in Maine, two WQS for all waters 

in Maine including waters in Indian 

lands, and one WQS for waters in Maine 

outside of Indian lands. These proposed 

WQS take into account the best 

available science, including local and 

regional information, as well as 

applicable EPA policies, guidance, and 

legal requirements, to protect human 

health and aquatic life. EPA proposes 

these WQS to address various 

disapprovals of Maine’s standards that 

EPA issued in February, March, and 

June 2015, and to address the 

Administrator’s determination that 

Maine’s disapproved HHC are not 

adequate to protect the designated use 

of sustenance fishing for certain waters. 

DATES: Comments must be received on 

or before June 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2015–0804 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be 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. 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www.epa.gov/dockets/

commenting-epa-dockets. EPA is 

offering two virtual public hearings so 

that interested parties may also provide 

oral comments on this proposed rule. 

The first hearing will be on Tuesday, 

June 7, 2016 from 5:00 p.m. to 7:00 p.m. 

Eastern Daylight Time. The second 

hearing will be on Thursday, June 9, 

2016 from 9:00 a.m. to 11:00 a.m. 

Eastern Daylight Time. For more details 

on the public hearings and a link to 

register, please visit http://

www.epa.gov/wqs-tech/proposed-rulemaine-water-quality-standards. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Brundage, Office of Water, 

Standards and Health Protection 

Division (4305T), Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460; 

telephone number: (202) 566–1265; 

email address: Brundage.jennifer@

epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is organized as follows: 

I. General Information 

Does this action apply to me? 

II. Background 

A. Statutory and Regulatory Background 

B. EPA’s Disapprovals of Portions of 

Maine’s Water Quality Standards 

C. Scope of Waters 

D. Applicability of EPA Promulgated Water 

Quality Standards When Final 

III. CWA 303(c)(4)(B) Determination of 

Necessity for Human Health Criteria 

That Protect Sustenance Fishing 

IV. Proposed Water Quality Standards 

A. Proposed WQS for Waters in Indian 

Lands in Maine and for Waters Outside 

of Indian Lands in Maine Where the 

Sustenance Fishing Designated Use 

Established by 30 M.R.S. 6207(4) and (9) 

Applies 

B. Proposed WQS for Waters in Indian 

Lands in Maine 

C. Proposed WQS for All Waters in Maine 

D. Proposed WQS for Waters in Maine 

Outside of Indian Lands 

V. Economic Analysis 

A. Identifying Affected Entities 

B. Method for Estimating Costs 

C. Results 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866 (Regulatory 

Planning and Review) and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) 

B. Paperwork Reduction Act 


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