68448 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0456; FRL–9936–57– 

Region 4] 

Air Plan Approval; TN; Knox County 

Emissions Statements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve changes to the 

Tennessee state implementation plan 

(SIP) submitted by the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC) on behalf of the 

Knox County Department of Air Quality 

Management (County Department), on 

March 14, 2014, and May 14, 2015, that 

require certain sources in Knox County, 

Tennessee, to report actual emissions of 

volatile organic compounds (VOC) and 

oxides of nitrogen (NOX) to the County 

Department annually. These changes 

amend the Knox County Air Quality 

Management Regulations in the Knox 

County portion of the Tennessee SIP to 

reflect the State of Tennessee’s SIPapproved emissions statement 

requirements for Knox County. This 

action is being taken pursuant to the 

Clean Air Act (CAA or Act) and its 

implementing regulations. 

DATES: This direct final rule is effective 

January 4, 2016 without further notice, 

unless EPA receives adverse comment 

by December 7, 2015. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0456 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0456’’, Air Regulatory Management 

Section (formerly Regulatory 

Development Section), Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2015– 

0456’’. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, i.e., CBI 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. Bell 

can be reached at (404) 562–9088 or via 

email at bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2008, EPA promulgated 

revised 8-hour ozone national ambient 

air quality standards (NAAQS) of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR part 50, the 2008 

8-hour ozone NAAQS is attained when 

the 3-year average of the annual fourthhighest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.075 ppm. See 40 CFR 50.15. Ambient 

air quality monitoring data for the 3- 

year period must meet a data 

completeness requirement. The ambient 

air quality monitoring data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90 percent, and no single year has less 

than 75 percent data completeness as 

determined in Appendix I of part 50. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS, based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. EPA designated 

Blount and Knox Counties in Tennessee 

as a nonattainment area (hereinafter 

referred to as the ‘‘Knoxville Area’’ or 

‘‘Area’’) for the 2008 8-hour ozone 

NAAQS on April 30, 2012 (effective July 

20, 2012) using 2008–2010 ambient air 

quality data. See 77 FR 30088 (May 21, 

2012). At the time of designation, the 

Knoxville Area was classified as a 

marginal nonattainment area for the 

2008 8-hour ozone NAAQS. On March 

6, 2015, EPA finalized a rule entitled 

‘‘Implementation of the 2008 National 

Ambient Air Quality Standards for 


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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 68449 

1The SIP Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2008 

ozone NAAQS, including requirements pertaining 

to attainment demonstrations, reasonable further 

progress (RFP), reasonably available control 

technology, reasonably available control measures, 

major new source review, emission inventories, and 

the timing of SIP submissions and of compliance 

with emission control measures in the SIP. The rule 

also revokes the 1997 ozone NAAQS and 

establishes anti-backsliding requirements. 

2On August 27, 2015, EPA proposed to determine 

that the Area attained the standard by the 

attainment date. 80 FR 51992. 

3A state may waive the emissions statements 

requirement for any class or category of stationary 

sources which emit less than 25 tons per year of 

VOCs or NOX if the state meets the requirements 

of section 182(a)(3)(B)(ii). 

Ozone: State Implementation Plan 

Requirements’’ (SIP Requirements Rule) 

that establishes the requirements that 

state, tribal, and local air quality 

management agencies must meet as they 

develop implementation plans for areas 

where air quality exceeds the 2008 8- 

hour ozone NAAQS.1 See 80 FR 12264. 

This rule establishes nonattainment area 

attainment dates based on Table 1 of 

section 181(a) of the CAA, including an 

attainment date three years after the July 

20, 2012, effective date, for areas 

classified as marginal for the 2008 8- 

hour ozone NAAQS. Therefore, the 

attainment date for the Knoxville Area 

is July 20, 2015.2 On July 13, 2015, EPA 

determined that the Area had attained 

the 2008 8-hour ozone NAAQS and 

redesignated the Area to attainment. See 

80 FR 39970. 

Ground level ozone is not emitted 

directly into the air, but is created by 

chemical reactions between NOX and 

VOC in the presence of sunlight. 

Emissions from industrial facilities and 

electric utilities, motor vehicle exhaust, 

gasoline vapors, and chemical solvents 

are some of the major sources of NOX

and VOC. Section 182(a)(3)(B) of the 

CAA requires each state with ozone 

nonattainment areas to submit a SIP 

revision requiring annual emissions 

statements to be submitted to the state 

by the owner or operator of each NOX

or VOC stationary source 3 located 

within a nonattainment area showing 

the actual emissions of NOX and VOC 

from that source. The first statement is 

due three years from the area’s 

nonattainment designation, and 

subsequent statements are due at least 

annually thereafter. The State of 

Tennessee satisfied the obligation to 

develop a nonattainment SIP revision 

for the Knoxville Area addressing 

section 182(a)(3)(B). EPA approved the 

State’s SIP revision addressing 

emissions statement requirements for 

the 2008 8-hour ozone standard on 

March 5, 2015. See 80 FR 11974. 

The Knox County Air Pollution 

Control Board (County Board) adopted a 

new regulation, Knox County Air 

Quality Management Regulation Section 

26.5.C—Emissions Statement, on 

October 16, 2013, requiring certain 

sources to report actual emissions of 

VOC and NOX to the County 

Department annually and amended that 

regulation on January 21, 2015, to more 

closely reflect the Tennessee emissions 

statements requirements for the 2008 8- 

hour ozone standard in Tennessee Air 

Pollution Control Regulation 1200–3– 

18ndash;.02—General Provisions and 

Applicability. EPA is approving the 

portion of the March 14, 2014, SIP 

submittal containing the version of 

Section 26.5.C adopted by the County 

Board on October 16, 2013, and the May 

14, 2015, SIP submittal containing the 

revisions to Section 26.5.C adopted by 

the County Board on January 21, 2015. 

More information on EPA’s analysis of 

the SIP revisions is provided below. 

II. Analysis of State’s Submittal 

The March 14, 2014, and May 14, 

2015, submittals seek to add Knox 

County Air Quality Management 

Regulation Section 26.5.C to the Knox 

County portion of the Tennessee SIP. 

EPA initially approved Knox County Air 

Quality Management Regulation Section 

26.5—Monitoring, Recording, and 

Reporting of Source Emissions, into the 

Tennessee SIP in 1972. See 37 FR 10842 

(May 31, 1972). Knox County is 

amending Section 26.5 to include 

Section 26.5.C—Emissions Statement 

that reflects the State of Tennessee’s 

SIP-approved emissions statement 

requirements in Tennessee Air Pollution 

Control Regulation 1200–3–18-.02. 

Section 26.5.C requires owners and 

operators of sources with actual 

emissions of 25 tons per year or more 

of VOC or NOX to submit annual reports 

of actual emissions to the County 

Department. Tennessee’s May 14, 2015, 

SIP submittal contains the County 

Board’s January 21, 2015, revisions to 

Section 26.5.C. that modify the 

submission deadline and include more 

detailed certification requirements. The 

revisions set a June 15 deadline to 

submit emissions statements to the 

County Department for 2015 and a 

March 31 deadline for 2016 and beyond. 

The revisions also require that an 

official of the company sign the report, 

certifying that the information and data 

contained in the report is accurate to the 

best knowledge of the individual 

certifying the report. EPA has 

determined that these SIP submissions 

meet the requirements of the CAA. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Knox County Air Quality 

Management Regulation Section 26.0 

entitled ‘‘Monitoring, Recording, and 

Reporting’’, effective January 21, 2015, 

addressing annual emissions statements 

for certain VOC and NOX sources in 

Knox County. EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 4 office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Final Action 

EPA is approving the portion of the 

March 14, 2014, SIP submittal 

containing the version of Section 26.5.C 

adopted by the County Board on 

October 16, 2013, and the May 14, 2015, 

SIP submittal containing the revisions to 

Section 26.5.C adopted by the County 

Board on January 21, 2015. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective January 4, 2016 without further 

notice unless the Agency receives 

adverse comments by December 7, 2015. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All adverse comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on January 4, 2016 

and no further action will be taken on 

the proposed rule. 

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. 

See 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 


jstallworth on DSK7TPTVN1PROD with RULES
68450 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) 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). 

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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 4, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: October 20, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. Section 52.2220(c), is amended 

under Table 3—EPA Approved Knox 

County, Regulations by revising the 

entry for ‘‘Section 26.0’’ to read as 

follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS

State section Title/Subject State effective 

date EPA approval date Explanation 

*******

26.0 ............. Monitoring, Recording, and Reporting ............. 1/21/2015 11/5/2015 [Insert citation of Federal Register].

* * * * * * * 


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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations 68451 

* * * * * 

[FR Doc. 2015–28105 Filed 11–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0131; FRL–9936–45– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Louisiana; 

Major Source Permitting State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

revisions to the Louisiana New Source 

Review (NSR) State Implementation 

Plan (SIP) submitted by the Louisiana 

Department of Environmental Quality. 

These revisions are updates to the 

Prevention of Significant Deterioration 

(PSD) and Nonattainment NSR (NNSR) 

permit programs. 

DATES: This rule is effective on 

December 7, 2015. 

ADDRESSES: The Environmental 

Protection Agency (EPA) has established 

a docket for this action under Docket ID 

No. EPA–R06–OAR–2006–0131. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Kordzi, 214–665–7520, 

skordzi@gmail.com. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our August 19, 

2015, proposal (80 FR 50240). In that 

document, we proposed to approve 

portions of SIP submittals for the State 

of Louisiana. These amendments 

provide clarity to the SIP-approved 

rules and correct contradictory 

language. Specific proposed revisions 

address the assessment and validation 

of a facility’s emissions inventory 

values. Further, the amendments revise 

the SIP rules to conform to the latest 

changes to Louisiana laws including 

making changes to the Louisiana NNSR 

and PSD permitting programs reflecting 

the requirements found in the federal 

NSR Reform Program SIP rules. The 

changes also define, for NNSR purposes, 

the parishes that have been designated 

as non-attainment for ozone. Finally, 

this action addresses eight rule changes 

for baseline actual emissions and 

projected actual emissions definitions. 

This action is being taken under section 

110 of the Act. We did not receive any 

comments regarding our proposal. 

II. Final Action 

We are approving portions of SIP 

submittals for the State of Louisiana 

submitted on July 25, 1997, June 22, 

1998, February 2, 2000, January 27, 

2003, June 15, 2005, December 20, 2005, 

May 5, 2006, July 20, 2007, November 

9, 2007, August 14, 2009, May 16, 2011, 

and February 27, 2013, to address air 

permit procedure revisions, ERC 

banking revisions, Baton Rouge Severe 

Area rule update revisions, NSR reform 

revisions, rescission of the alternative 

emission reduction plan for Union 

Carbide Corporation Taft Plant, 

revisions for Particulate Matter 2.5 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS), and an update of 

PM2.5 increments. We approve the 

portions of the SIP submittals that meet 

CAA requirements. Specifically, we are 

approving the following revisions to the 

Louisiana SIP: 

• Revisions to LAC 33:III.501 as 

submitted on July 25, 1997; 

• Revisions to LAC 33:III.504 as 

submitted on June 15, 2005; December 

20, 2005; May 5, 2006; November 9, 

2007; August 14, 2009; and May 16, 

2011; 

• Revisions to LAC 33:III.509 as 

submitted on July 25, 1997; June 22, 

1998; January 27, 2003; February 2, 

2000; December 20, 2005; May 5, 2006; 

November 9, 2007; May 16, 2011; and 

February 27, 2013; 

• Revisions to LAC 33:III.603 as 

submitted on February 2, 2000; and 

August 14, 2009; 

• Revisions to LAC 33:III.605 as 

submitted on August 14, 2009; 

• Revisions to LAC 33:III.607 as 

submitted on November 9, 2007 and 

August 14, 2009; 

• Revisions to LAC 33:III.613 as 

submitted on January 27, 2003 and May 

5, 2006; 

• Revisions to LAC 33:III.615 as 

submitted on January 27, 2003 and 

August 14, 2009; and 

• The removal of the Union Carbide 

Bubble Permit in Hahnville, Louisiana, 

as submitted on July 20, 2007, at 40 CFR 

52.970(d) to reflect the rescission of the 

permit by LDEQ. 

The EPA is finding that the May 16, 

2011, revisions to the Louisiana NNSR 

program at LAC 33:III.504 address all 

required NNSR elements for the 

implementation of the 1997 and 2006 

PM2.5 NAAQS. We note that the 

Louisiana NNSR program does not 

include regulation of volatile organic 

compounds and ammonia as PM2.5

precursors. However, as section 189(e) 

of the Act requires regulation of PM2.5

precursors that significantly contribute 

to PM2.5 levels ‘‘which exceed the 

standard in the area’’ and Louisiana 

does not have a designated PM2.5

nonattainment area; the revisions 

addressing only sulfur dioxide and 

nitrogen oxides are not inconsistent 

with the requirements of the CAA. In 

the event that an area is designated 

nonattainment for the 2012 PM2.5

NAAQS or any other future PM2.5

NAAQS, Louisiana will have a deadline 

under section 189(a)(2) of the CAA to 

make a submission addressing the 

statutory requirements as to that area, 

including the requirements in section 

189(e) that apply to the regulation of 

PM2.5 precursors. 

This action is being taken under 

section 110 of the Act. 

III. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Louisiana regulations as 

described in the Final 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. 

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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 


jstallworth on DSK7TPTVN1PROD with RULES