Louisiana State Implementation Plan Elements 

Required Under Section 110(a)(2) for the 

1997 8-hour Ozone and Fine Particulate Matter (PM2.5) NAAQS 

Docket ID EPA-R06-OAR-2008-0635 

Technical Support Document 

March 2011 

Table of Contents: 

I. Introduction 

 A. Section 110(a)(1) and (2) 

 B. Revisions to Louisiana’s SIP 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone 

and fine particulate matter NAAQS, the State submittals and EPA analysis 

III. EPA’s Recommendation 

IV. References 

I. Introduction

In this technical support document (TSD), EPA is evaluating the submittals provided by 

the Louisiana Department of Environmental Quality (LDEQ) to meet the requirements of section 

110(a)(2) of the Clean Air Act (CAA or Act) for the 1997 national ambient air quality standards 

(NAAQS or standards) for 8-hour ozone and fine particulate matter. More detail on these 

standards, section 110(a)(1) and (2) of the Act, and the submittals we are reviewing to satisfy the 

section 110(a)(2) requirements for Louisiana are provided in subsections A and B, below. 

Throughout this document, “we,” “us,” and “our” means EPA. 

Section II of the TSD provides a description of each element required under section 

110(a)(2) of the Act, the State’s response, and our analysis of the State’s response. Copies of the 

State’s submittals are in the docket for this rulemaking. 

Section III of the TSD includes our recommendation for action on each of the elements 

reviewed herein. 

Section IV of the TSD contains a list of the guidance documents referenced herein. 

Copies of these documents are in the docket for this rulemaking. 

A. Section 110(a)(1) and (2) 

On July 18, 1997, the EPA promulgated a new NAAQS for ozone (published in volume 

62 of the FR, beginning on p. 38856, denoted 62 FR 38856) and a new standard for fine 

particulate matter (62 FR 38652). For ozone, EPA revised the NAAQS to provide an 8-hour 

averaging period (versus the 1-hour averaging period for the 1-hour ozone standard), and set the 

level of the standard to 0.08 parts per million (ppm). The 1-hour ozone NAAQS was 0.12 ppm. 

For particulate matter (PM), EPA promulgated a new 24-hour and new annual standard for fine 

PM, which applies to particles with an aerodynamic diameter less than or equal to 2.5 

micrometers (denoted as PM2.5). The annual PM2.5 standard was set at 15 micrograms per cubic 

meter (μg/m3

) and the 24-hour standard was set at 65 μg/m3. 
Page 2 of 21

Under section 110(a)(1) of the Act, all states are required to submit plans to provide for 

the implementation, maintenance and enforcement of each NAAQS within 3 years following the 

promulgation of the NAAQS, or within such shorter period as EPA may prescribe. Section 

110(a)(2) lists twelve elements that must be included in these state implementation plan (SIP) 

submissions. The requirements include SIP “infrastructure” elements such as requirements for 

air pollution control measures and monitoring that are designed to assure attainment and 

maintenance of the NAAQS. The statutory language in sections 110(a)(1) and (2) is provided in 

the docket for this rulemaking. 

On October 2, 2007, we issued “Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards,” Memorandum from William T. Harnett, Director, Air Quality Policy Division, 

Office of Air Quality Planning and Standards (OAQPS).1

 The guidance addresses the SIP 

elements found in 110(a)(2) with the exception of 110(a)(2)(D)(i), regarding interstate transport, 

which is being addressed separately.2

 The guidance states that to the extent that existing SIPs for 

ozone and PM already meet these requirements, States need only certify that fact to EPA. 

On December 11, 2007, the Louisiana Department of Environmental Quality (LDEQ) 

submitted a letter to EPA stating that Louisiana evaluated its existing SIP for implementation of 

the 1997 8-hour ozone and PM2.5 NAAQS. In the letter, the State certified that the Louisiana SIP 

meets the requirements in sections 110(a)(1) and (2) of the CAA and is consistent with the 

“Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality Standards,” issued by EPA on October 2, 2007. 

On January 7, 2008, LDEQ submitted a second letter to EPA, again certifying that Louisiana has 

satisfied for its SIP the infrastructure requirements in sections 110(a)(1) and (2) of the CAA. The 

State’s January 7, 2008 letter addressed most of the elements required under sections 110(a)(1) 

and (2) and described compliance with these elements. On March 24, 2011, LDEQ submitted a 

third letter to EPA, supplementing and clarifying the prior two letters. The State’s March 24, 

2011, letter certified additional programs as satisfying elements required under sections 

110(a)(1) and (2), and clarified the portions of the Prevention of Significant Deterioration (PSD) 

program as before EPA for review. 

On March 27, 2008, EPA published findings concerning whether states had made the 

110(a)(2) submissions for the 1997 ozone NAAQS (73 FR 16205). EPA determined that 

Louisiana had made the necessary submissions. 

On October 22, 2008, EPA published findings concerning whether states had made the 

110(a)(2) submissions for the 1997 PM2.5 NAAQS (73 FR 62902). In this action, EPA 

determined that Louisiana had made the necessary submissions. 

B. Revisions to Louisiana’s SIP 

On December 20, 2005, the LDEQ submitted revisions to their New Source Review 

(NSR) program to meet the requirements of the “NSR Reform” published on December 31, 2002 

(67 FR 80186). On November 9, 2007, the State submitted a package of general SIP revisions 

completed during 2006. The 2005 and 2007 submittals contain numerous revisions, including 

four that assist the State in meeting the infrastructure requirements. The four specific revisions 

from the 2005 and 2007 submittals address the State’s program for PSD that provide for nitrogen 

oxides (NOx) to be treated as a precursor to ozone formation in the State’s PSD SIP. New major 

 

1

 This and any other guidance documents referenced in this action are in the docket for this rulemaking. 

2

 EPA previously approved the State’s 110(a)(2)(D)(i) submission (72 FR 55064, September 28, 2007). 
Page 3 of 21

stationary sources and major modifications at existing major stationary sources are required by 

the Act to, among other things, obtain an air pollution permit before construction begins. This 

pre-construction3

 permitting process for major stationary sources is called NSR and is required 

whether the major source or major modification is planned for an area where the NAAQS are 

exceeded (nonattainment areas) or an area where the NAAQS have not been exceeded 

(attainment and unclassifiable areas). In general, permits for sources in attainment areas and for 

other pollutants regulated under the major source program are referred to as PSD permits, while 

permits for major sources emitting nonattainment pollutants and located in nonattainment areas 

are referred to as nonattainment NSR (NNSR) permits. The entire preconstruction permitting 

program, including both the PSD and NNSR permitting programs, is referred to as the NSR 

program. A major source is one with the potential to emit at least 100 tons per year (tpy) or 250 

tpy, depending upon the source, per section 169(1) of the Act. 

The portions of the 2005 and 2007 submittals that we are evaluating in this TSD contain 

revisions to the Louisiana SIP to 1) regulate NOx emissions as a precursor to ozone in the PSD 

program; 2) add NOx to the PSD definitions for Major Modification and Major Stationary 

Source; 3) under the PSD definition for Significant, add the emission rate for NOx, as a precursor 

to ozone, at 40 tons per year (tpy); and 4) under the PSD requirements, allow for an exemption 

with respect to ambient air quality monitoring data for a source with a net emissions increase less 

than 100 tpy of NOx. We believe these are necessary provisions for implementation of the 1997 

ozone standard, pursuant to the Final Rule to Implement the 8-Hour Ozone National Ambient 

Air Quality Standard - Phase 2 (70 FR 71612, published November 29, 2005). More detail is 

provided in our evaluation of element 110(a)(2)(C), found in Section II.3 below. 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone and fine 

particulate matter NAAQS, the State submittals and EPA analysis

 The Federally approved SIP for each state is listed in Title 40, Part 52, of the US Code of 

Federal Regulations (denoted 40 CFR 52). The first section in this subpart for any state is the 

“Identification of plan.” The Identification of plan lists the EPA-approved provisions of the SIP 

for each state, as provided under section 110 of the Act, 42 U.S.C. 7410, and 40 CFR 51 to meet 

the NAAQS. The status of the Louisiana SIP is provided in 40 CFR Part 52, Subpart T, sections 

970 to 999. The Identification of plan for Louisiana is in section 970; this constitutes the 

applicable SIP for Louisiana, for purposes of the Act. 

Per the General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 

FR 13498), section 110(a)(2) sets forth elements that a SIP must contain in order to be fully 

approved.4

 Below we examine the elements required in section 110(a)(2) and the documentation 

provided by the LDEQ. Where it is useful, we include tables showing the date that the 

applicable state rules were approved by EPA into the Louisiana (LA) SIP. 

1. Enforceable emission limits and other control measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or techniques, as 

 

3

 After construction, the source must obtain an operating permit, also called a Title V (TV) operating permit, as this 

requirement comes from Title V of the Act. Most TV permits are issued by State and local permitting authorities. 

These permits are often called part 70 permits because the regulations that establish minimum standards for State 

permit programs are found in the Code of Federal Regulations (CFR) at 40 CFR part 70. 

4

 The discussion of section 110(a)(2), subsections (A) through (M) begins on p. 13556 of the General Preamble. 
Page 4 of 21

well as schedules and timetables for compliance, as necessary or appropriate to meet the 

requirements of this chapter. 

 

The State’s response: In its submittal, the LDEQ did not specifically address this particular 

element of Section 110(a)(2)(A). 

EPA analysis: Section 110(a)(2)(A) requires that all measures and other elements in the SIP be 

enforceable. This subsection also authorizes SIPs to contain certain nontraditional techniques for 

reducing pollution – economic incentives, marketable permits, and auctions of emissions rights. 

The EPA reads this language to require even these other means of achieving reductions to be 

enforceable.5

 The Louisiana Environmental Quality Act (LEQA) names the LDEQ as the State’s 

air pollution control agency and provides enforcement authority to the LDEQ. We reviewed the 

LA SIP and found state rules to implement and enforce the 1997 ozone and PM NAAQS, and 

limit or reduce emissions of these pollutants. These rules include programs for banking and 

trading of emissions, as well as permits and fees. We are including a list of chapters from Title 

33 Part III (Air) and Title 55 Part III (Motor Vehicles) of the Louisiana Administrative Code 

(denoted 33 LAC and 55 LAC) as relevant in meeting the requirements of section 110(a)(2)(A). 

These sections were approved by EPA into the LA SIP (see Table 1 below) and thus are 

federally enforceable. 

33 LAC 

Chapter 1 General Provisions 

Chapter 5 Permit Procedures 

Chapter 6 Regulations on Control of Emissions Reduction Credits Banking 

Chapter 7 Ambient Air Quality 

Chapter 9 General Regulations on Control of Emissions and Emission Standards 

Chapter 11 Control of Emissions from Smoke 

Chapter 13 Emission Standards for Particulate Matter 

Chapter 14 Conformity 

Chapter 15 Emission Standards for Sulfur Dioxide 

Chapter 21 Control of Emissions of Organic Compounds 

Chapter 22 Control of Emissions of Nitrogen Oxides 

Chapter 23 Control of Emissions for Specific Industries 

55 LAC 

Chapter 8 Motor Vehicle Inspections 

Chapter 1 identifies the Air Quality Division of the Department of Environmental Quality 

as having the “intent and purpose of maintaining the purity of the air resources of the state of 

Louisiana consistent with the protection of the health and physical property of the people ....” 

Title 30 of the Louisiana Revised Statutes at section 1061 (denoted LA RS 30:1061) sets forth 

the powers of this administrative authority and by LA RS 30:1067 authorizes the promulgation 

by this administrative authority of rules and regulations ... enacted by the legislature as the law 

of this State by Act 449 of 1979. This chapter also identifies the Administrative Authority as the 

secretary, or designee, of the LDEQ. 

 

5

 See 57 FR 13498, beginning on p. 13556. 
Page 5 of 21

Chapter 5 addresses permit procedures, including nonattainment new source review 

(NSR) procedures; prevention of significant deterioration (PSD); and the Clean Air Interstate 

Rule (CAIR) requirements, which are intended to reduce NOx and sulfur dioxide (SO2) 

emissions from Louisiana that are contributing to nonattainment of the 1997 ozone and PM2.5

NAAQS in downwind states.6

Chapter 6 defines the Emissions Reduction Credit (ERC) bank and establishes acceptable 

methods of reducing emissions to receive credit under this chapter, ERC bank recordkeeping and 

reporting requirements, schedule for submitting applications, and procedures for review and 

approval of ERCs. 

Chapter 7 establishes the primary and secondary ambient air quality standards and 

establishes the methods of measuring the concentrations of these air pollutants. Chapter 9 

establishes the general regulations on control of emissions and emission standards, including 

emission monitoring requirements and specifications for completing and submitting emissions 

inventories. Chapter 11 addresses control of emissions of smoke from sources including flares 

and outdoor burning. Chapter 13 provides emissions standards and measurement of PM from 

fugitive and stationary sources, including refuse incinerators, fluid catalytic cracking units, fuel 

burning equipment and leadened PM.7

 Chapter 14 provides for policy, criteria, and procedures 

for demonstrating and assuring conformity of general federal actions to the applicable SIPs. 

Chapter 15 addresses SO2 emission limits, continuous emissions monitoring, recordkeeping and 

reporting. 

Chapter 21 addresses emission limits for VOCs, control methods, recordkeeping and 

compliance schedules. Chapter 22 provides for NOx emission limits, control methods, and 

compliance schedules. Chapter 23 addresses control of NOx emissions for specific industries, 

including chemical woodpulping and aluminum plants. Chapter 56 provides for the prevention 

of air pollution emergency episodes, which addresses ozone and PM. 

SIP revisions to chapters 1, 7, 9, 11, 13, 15 and 21 – 23 to incorporate additional record 

keeping and other requirements that limit emissions and thus strengthen the SIP were proposed 

for approval on February 25, 2011 (76 FR 10544). For more detail on the proposed revisions at 

76 FR 10544, please see the docket for that rulemaking (docket ID EPA-R06-OAR-2007-0924). 

Chapter 8 within 55 LAC (denoted 55 LAC 8) provides for a Vehicle Inspection and 

Maintenance (I/M) Program for the Baton Rouge nonattainment area. 

The rules listed above at 55 LAC 8 and 33 LAC 5-7, 9, 11, 14, and 21-23 were approved 

by EPA for adoption into the SIP and thus are enforceable by the State and EPA. We are 

proposing that the Louisiana SIP meets the requirements of section 110(a)(2)(A). 

Table 1: Louisiana rules relevant to meeting section 110(a)(2)(A): 

Relevant Section of Louisiana’s SIP EPA Approval/Federal Register

33 LAC 1 March 8, 1989 at 54 FR 9783 

33 LAC 5 March 8, 1989 at 54 FR 9783 

May 2, 1991 at 56 FR 20137 

October 15, 1996 at 61 FR 53639 

September 30, 2002 at 67 FR 61270 

 

6

 NOx and volatile organic compounds (VOCs) are precursors to ozone. PM can be emitted directly and secondarily 

formed; the latter is the result of NOx and SO2 precursors combining with ammonia to form ammonium nitrate and 

ammonium sulfate. 

7

 These are particulate emissions that have any lead component. 
Page 6 of 21

Relevant Section of Louisiana’s SIP EPA Approval/Federal Register

September 28, 2007 at 72 FR 55064 

33 LAC 6 September 27, 2002 at 67 FR 60877 

33 LAC 7 March 8, 1989 at 54 FR 9783 

33 LAC 9 March 8, 1989 at 54 FR 9783 

33 LAC 11 March 8, 1989 at 54 FR 9783 

33 LAC 13 March 8, 1989 at 54 FR 9783 

33 LAC 14 September 13, 1996 at 61 FR 48409 

March 9, 1998 at 63 FR 11372 

December 29, 1999 at 64 FR 72938 

October 30, 1996 at 71 FR 63250 

33 LAC 15 July 15, 1993 at 58 FR 38058 

33 LAC 21 March 25, 1994 at 59 FR 14114 

May 5, 1994 at 59 FR 23166 

July 25, 1996 at 61 FR 38590 

October 22, 1996 at 61 FR 54737 

December 2, 1997 at 62 FR 63658 

June 20, 2002 at 67 FR 41842 

33 LAC 22 September 27, 2002 at 67 FR 60877 

33 LAC 23 March 8, 1989 at 54 FR 9783 

55 LAC 8 September 26, 2002 at 67 FR 60594 

2. Ambient air quality monitoring and data analysis system: Section 110(a)(2)(B) requires 

SIPs to include provisions for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air quality data, and making these data available to EPA upon 

request. 

The State’s response: LDEQ operates a statewide network of stationary ambient air monitoring 

stations. The data collected from these monitors is reported to EPA on a regular basis. 

EPA analysis: EPA historically has promulgated regulations in 40 CFR 58 (Ambient Air Quality 

Surveillance), indicating the necessary data states need to collect and submit as part of their SIP. 

The Louisiana statewide air quality surveillance network was approved by EPA on August 6, 

1981 (46 FR 40006). The air quality surveillance network undergoes annual review and EPA 

approval of the current network was completed on January 12, 2011.8

 EPA also approved 

Louisiana’s enhanced ambient air quality monitoring network of Photochemical Assessment 

Monitoring Stations (PAMS) on June 19, 1996 (61 FR 31035). The PAMS network also 

undergoes annual review and approval by EPA and a copy of the current approval, dated October 

30, 2009, is in the docket for this rulemaking. The LDEQ monitors that are not certified as 

meeting the federal requirements are identified as “non-regulatory” monitors.9

 The LDEQ 

 

8

 A copy of our approval letter is in the docket for this rulemaking. 

9

 These include for example, special purpose monitors (SPMs). Special purpose monitoring is conducted on a 

frequent basis for a variety of reasons: as a tool to supplement state ambient air monitoring networks to obtain 

information on where to locate permanent monitoring stations, to provide additional data in support of pollutant 

formation and transport analyses, or to assess air quality in a particular location. These studies vary in duration from 

being temporary sites needed only during a portion of the year to long-term air pollution studies over a large area. 
Page 7 of 21

website posts past and current concentrations of PM2.5 and ozone measured in the State’s 

network of monitors. The State submits air monitoring data to EPA quarterly and certifies the 

data annually. We are proposing that the Louisiana SIP meets the requirements of section 

110(a)(2)(B). 

3. Program for enforcement of control measures: Section 110(a)(2)(C) requires states to 

include a program providing for enforcement of the measures described in subparagraph (A), and 

the regulation of the modification and construction of any stationary source within the areas 

covered by the SIP as necessary to assure that the NAAQS are achieved, including a permit 

program as required in parts C and D. 

The State's response: The LDEQ established rules governing emissions in nonattainment areas, 

the program for prevention of significant deterioration, and minor new source review; these rules 

were submitted to EPA in various SIP revisions and have been approved in the FR. 

EPA analysis: We note the following chapters within the State SIP as relevant to meet the 

requirements of section 110(a)(2)(C): 

33 LAC

Chapter 1 General Provisions 

Chapter 5 Permit Procedures 

Chapter 6 Regulations on Control of Emissions Reduction Credits Banking 

Chapter 7 Ambient Air Quality 

Chapter 9 General Regulations on Control of Emissions and Emission Standards 

Chapter 14 Conformity 

Chapter 21 Control of Emissions of Organic Compounds 

Chapter 22 Control of Emissions of Nitrogen Oxides (NOx) 

55 LAC

Chapter 8 Motor Vehicle Inspections 

Enforcement authority is provided by LA RS 30:2025, which addresses general 

enforcement power; civil suits for damages; compliance orders and emergency cease and desist 

orders; expedited enforcement program; civil and criminal penalties; civil actions; and etc. The 

procedures for handling investigations, complaints, and confidentiality are provided in chapter 1. 

Emissions reduction credits banking recordkeeping and reporting requirements are provided in 

chapter 6. Enforcement of emissions inventory requirements is provided in chapter 9. 

Additional issues addressed in chapters 5, 7, 14, 21, 22, and 55 LAC 8 include allowable rates, 

compliance schedules, control plan requirements, actual and allowable emissions, monitoring 

and testing requirements, and control schedules. These chapters and their SIP approval dates are 

 The EPA and other Federal agencies designate sites that are part of long-term studies or permanent networks as 

SPMs, e.g., Clean Air Status and Trends Network (CASTNet) and National Park Service sites. Where public funds 

are expended to support these studies (CAA section 105 grant funding for example), the responsible monitoring 

agency will generally report these data to the EPA as part of their routine monitoring data submittal. 
Page 8 of 21

provided in Table 3 below. These citations clarify the boundaries beyond which regulated 

entities in Louisiana can expect enforcement action. 

The statutory and regulatory programs that regulate the construction and modification of 

major stationary sources in nonattainment and attainment/unclassifiable areas are termed New 

Source Review (NSR) and are provided under parts C and D of the Act, and 40 CFR 51.166. 

Part C of the Act requires prevention of significant deterioration of air quality (PSD). The PSD 

program regulates the construction of any new major stationary source or major modification at 

existing stationary sources located in areas meeting the NAAQS. Such areas are designated as 

attainment/unclassifiable. In a nonattainment area, any stationary pollutant source with the 

potential to emit 100 tons per year or more of any regulated NSR pollutant is considered a major 

stationary source. In PSD areas the cutoff level may be either 100 tpy or 250 tpy, depending 

upon the source.10 These sources are required by the Act to obtain an air pollution permit before 

beginning construction. 

Minor NSR is for pollutants from stationary sources that do not require PSD or nonattainment NSR (NNSR) permits. The purpose of minor NSR permits is to prevent the 

construction of sources that would interfere with attainment or maintenance of a NAAQS or 

violate the control strategy in nonattainment areas. Also, minor NSR permits often contain 

permit conditions to limit the sources emissions to avoid PSD or NNSR. Section 110(a)(2)(C) 

creates “a general duty on States to include a program in their SIP that regulates the modification 

and construction of any stationary source as necessary to assure that the NAAQS are achieved” 

(70 FR 71612, 71677). EPA provides states with a “broad degree of discretion” in implementing 

their minor NSR programs (71 FR 48696, 48700). The “considerably less detailed” regulations 

for minor NSR are provided in 40 CFR 51.160 through 51.164. EPA has determined that 

Louisiana’s minor NSR program adopted pursuant to section 110(a)(2)(C) of the Act regulates 

emissions of ozone and its precursors and PM. Louisiana’s minor source permitting 

requirements are contained at 33 LAC Chapter 5 and were approved at 54 FR 9783. The SIP 

continues to require preconstruction permits for minor sources and minor modifications. 

Louisiana’s PSD program was initially approved into the SIP on April 24, 1987 (52 FR 

13671).11 The PSD program approved by EPA into the Louisiana SIP does not apply to sources 

on lands under the jurisdiction of Indian governing bodies because the LDEQ does not have 

jurisdiction over such lands. Revisions to Louisiana’s PSD program were approved by EPA into 

the SIP on June 15, 1989 (54 FR 25449), May 2, 1991 (56 FR 20137), and October 15, 1996 (61 

FR 53639). EPA recently promulgated the increments, significant impact levels and significant 

monitoring concentration for PM2.5 (75 FR 64864, October 20, 2010) and these increments will 

become applicable on October 20, 2011. 

EPA fully approved into the LA SIP plans to implement the Nonattainment NSR (NNSR) 

provisions of the Act on February 10, 1982.12 Subsequent revisions to the NNSR procedures 

 

10 See section 169(1) of the Act for the types of sources in each of the 100 tpy and 250 tpy categories. 11 In the original SIP, promulgated on May 31, 1972 (37 FR 10841, 10869), the EPA disapproved the State’s rules 

for review of new sources and modifications because the State’s rules were not legally enforceable. EPA granted 

partial authority to Louisiana for the technical and administrative review portions of the PSD program on August 28, 

1981 and a notice was published in the Federal Register (FR) on January 6, 1982 (47 FR 6710). Additional 

authority was granted to the State for compliance inspection and review of the compliance test reports for the PSD 

sources on February 8, 1982, and a notice was published in the FR on March 15, 1982 (47 FR 11107). 

12 EPA conditionally approved the NNSR program on February 14, 1980 (45 FR 9903), until LA revised their rules 

to comply with the requirements of sections 173(2) and (3) of the Act. 
Page 9 of 21

were adopted on June 10, 1986 (51 FR 20967, for visibility), January 5, 1999 (64 FR 413), May 

31, 2001 (66 FR 29491), and September 30, 2002 (67 FR 61260). 

The LDEQ submitted a SIP revision to EPA dated December 20, 2005, to incorporate 

non-substantive recodification (renumbering of citations) within the SIP (denoted below as 

“2005”). LDEQ also submitted a SIP revision to EPA dated November 9, 2007, to meet 

requirements of the 8-hour ozone NAAQS by incorporating NOx as a precursor for ozone 

(denoted below as “2007”). The submitted SIP revisions to renumber and add NOx as a 

precursor for ozone are listed in Table 2 below and include the following: 

1. The 2005 non-substantive recodification of the definition for Major Modification at 

subsection 2 as subsection b, and the 2007 substantive change adding NOx to the 

definition of Major Modification. 

2. The 2005 non-substantive recodification of the definition for Major Stationary Source at 

subsection 4 as subsection d, and the 2007 substantive change adding NOx to the 

definition of Major Stationary Source. 

3. The 2005 non-substantive recodification of the first paragraph of the definition for 

Significant at subsection 1 to subsection a, and the 2007 substantive change adding NOx 

as a precursor to the table’s criteria and other pollutants listing for ozone. 

4. The 2005 non-substantive recodification of the first paragraph of subsection I.8 to 

subsection I.5, and the 2007 substantive change allowing for an exemption with respect 

to ozone monitoring for a source with a net emissions increase less than 100 tpy of NOx. 

For the 8-hour ozone NAAQS, the 2007 revisions to the definitions of Major 

Modification and Major Stationary Source described above meet the federal definition in 40 

CFR 51.166(b)(1) to identify a major source of NOx as a major source for ozone. The 2007 

revisions described above meet the federal definition in 40 CFR 51.166(b)(49) for NOx as an 

ozone precursor. The 2007 revisions to the definition for Significant described above meet the 

federal requirement for significant emission rate for NOx emissions in 40 CFR 51.166(b)(23)(i). 

The 2007 revisions to subsection I.5 described above meet the federal requirement for ambient 

air impact analysis for ozone precursors under the footnote for 40 CFR 166(i)(5)(i)(e). Thus, 

EPA is proposing approval of these revisions as meeting the requirements of CAA section 110 

and 40 CFR 51.166 for establishing NOx emissions as a precursor for ozone. These submitted 

revisions are severable from each other, are severable from the 2005 and 2007 submitted 

revisions discussed above, and are severable from the infrastructure SIP requirements addressed 

in this proposed action. The EPA is reviewing the remainder of the 2005 and 2007 submitted 

revisions; therefore, we are not proposing to take action on those revisions in this proposed 

rulemaking. We intend to act on those revisions in a future rulemaking. 

Finally, we are not addressing the Green House Gas Tailoring Rule or the 2005 NSR 

Reform regulations in this action. EPA will evaluate the PSD program with respect to these 

issues in future rulemaking actions. 

We are proposing that the Louisiana SIP meets the requirements of section 110(a)(2)(C). 
Page 10 of 21

Table 2: Louisiana SIP Revisions that Address CAA 110(a)(2) Infrastructure Requirements 

33 LAC 5-509, Prevention of Significant Deterioration 

Approved into SIP 

Effective 

Dec 16, 1996 

Louisiana Submittal Dates 

Jun 22, 

1998 

Feb 2, 

2000 

Jan 27, 

2003 

Dec 20, 2005 May 5, 

2006 

Nov 9, 2007 

33 LAC 5-509 B (Definitions) Under the definition for Major Modification

2. Any net 

emissions increase 

that is significant 

for volatile organic 

compounds shall 

be considered 

significant for 

ozone. 

No 

Change 

No 

Change 

No 

Change 

2. b. Any net significant 

emissions increase that is 

significant for volatile 

organic compounds shall 

be considered significant 

for ozone. from any 

emissions unit or net 

emissions increase at a 

major stationary source 

that is significant for 

volatile organic 

compounds shall be 

considered significant for 

ozone.

No 

Change 

b. Any significant 

emissions increase 

from any emissions 

unit or net emissions 

increase at a major 

stationary source 

that is significant for 

volatile organic 

compounds (VOCs) 

or nitrogen oxides 

(NOx) shall be 

considered 

significant for 

ozone. 

33 LAC 5-509 B (Definitions) Under the definition for Major Stationary Source

4. A major source 

that is major for 

volatile organic 

compounds shall 

be considered 

major for ozone. 

No 

Change 

No 

Change 

No 

Change 

4. d. A major source that 

is major for volatile 

organic compounds shall 

be considered major for 

ozone. A major source 

that is major for volatile 

organic compounds shall 

be considered major for 

ozone;

No 

Change 

d. a stationary 

source shall not be a 

major stationary 

source due to 

fugitive emissions, 

to the extent that 

they are 

quantifiable, unless 

the source belongs 

to: a major source 

that is major for 

volatile organic 

compounds or 

nitrogen oxides shall 

be considered major 

for ozone; 

33 LAC 5-509 B (Definitions) Under the definition for Regulated NSR Pollutant

Not included No 

Change 

No 

Change 

No 

Change 

a. any pollutant for which 

a national ambient air 

quality standard has been 

promulgated and any 

constituents or precursors 

for such pollutants 

identified by the 

administrative authority 

(e.g., volatile organic 

compounds are precursors 

for ozone);

No 

Change 

a. any pollutant for 

which a national 

ambient air quality 

standard has been 

promulgated and 

any constituents or 

precursors for such 

pollutants identified 

by the 

administrative 

authority (e.g., 

volatile organic 

compounds and 

nitrogen oxides are 

precursors for 

ozone); 
Page 11 of 21

Table 3: Louisiana rules relevant to meeting section 110(a)(2)(C): 

Relevant Section of Louisiana’s SIP EPA Approval/Federal Register Citation 

33 LAC 1 March 8, 1989 at 54 FR 9783 

33 LAC 5 October 15, 1996 at 61 FR 53639 

March 8, 1989 at 54 FR 9783 

September 30, 2002 at 67 FR 61270 

33 LAC 6 September 27, 2002 at 67 FR 60877

33 LAC 7 March 8, 1989 at 54 FR 9783 

33 LAC 9 March 8, 1989 at 54 FR 9783 

January 6, 1995 at 60 FR 02016

33 LAC 14 September 13, 1996 at 61 FR 48409

33 LAC 21 March 25, 1994 at 59 FR 14114 

May 5, 1994 at 59 FR 23166 

July 25, 1996 at 61 FR 38590 

October 22, 1996 at 61 FR 54737 

December 2, 1997 at 62 FR 63658 

June 20, 2002 at 67 FR 41842 

33 LAC 22 September 27, 2002 at 67 FR 60877 

55 LAC 8 September 26, 2002 at 67 FR 60594 

November 13, 2006 at 71 FR 66113 

 

4. Interstate transport, and interstate and international pollution abatement: Section 

110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 

110(a)(2)(D)(i) requires SIPs to include provisions prohibiting any source or other type of 

emissions activity in one state from contributing significantly to nonattainment, interfering with 

maintenance of the NAAQS in another state, or from interfering with measures required to 

prevent significant deterioration of air quality or to protect visibility in another state. Section 

110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with sections 115 and 

126 of the Act, relating to interstate and international pollution abatement. 

The State's response: The LDEQ submitted to EPA the Clean Air Interstate Rule (CAIR) SIPs 

for both SO2 and NOx. The SO2 CAIR SIP was approved on July 20, 2007 (72 FR 39741) and 

the NOX CAIR SIP was approved on September 28, 2007 (72 FR 55064). 

EPA analysis: 

Interstate transport, 110(a)(2)(D)(i) The proposed FIPs to reduce interstate transport of 

PM2.5 and ozone (75 FR 45210) identify Louisiana as having emissions that contribute 

significantly to nonattainment in, or interfere with maintenance by, a downwind area with 

respect to the 1997 ozone and PM2.5 NAAQS. As a result, the Louisiana CAIR SIPs no longer 

assist the State in meeting this infrastructure element. We will take action on the interstate 

transport provision of 110(a)(2)(D)(i) in a separate rulemaking, following (or in conjunction 

with) the action to approve the proposed FIPs to reduce interstate transport of PM2.5 and ozone 

in Louisiana. 

Interstate and international pollution abatement, 110(a)(2)(D)(ii) Regarding section 115 

of the Act, the Administrator has neither received nor issued a formal notification that emissions 

from Louisiana are endangering public health or welfare in a foreign country. Section 126(a) of 
Page 12 of 21

the Act requires that each applicable implementation plan shall require each major proposed new 

or modified source to notify neighboring states of potential impacts from the source. The 

Louisiana SIP addresses section 126 of the Act under their PSD rules at 33 LAC 503 and 509(Q), 

which were approved into the LA SIP at 54 FR 9783. The rules at 33 LAC 503 address “[e]ach 

major proposed new or modified source: (1) subject to significant deterioration of air quality 

review or, (2) which may significantly contribute to levels of air pollution in excess of the 

national ambient air quality standards in a control region outside Louisiana ....” These rules 

address section 126(a)(1)(A) and (B) of the Act. We are proposing that the Louisiana SIP meets 

the requirements of section 110(a)(2)(D)(ii). 

 

5. Adequate personnel, funding, and authority: Section 110(a)(2)(E) requires states to 

provide for adequate personnel, funding, and legal authority under state law to carry out its SIP 

and related issues. 

The State’s response: Subtitle II of Title 30 of the Louisiana Revised Statutes provides that the 

LDEQ secretary shall “receive and budget duly appropriated monies ... to carry out the 

provisions and purposes of this Subtitle” (Title 30 of the Louisiana Revised Statute, chapter 2, 

denoted LA RS 30:2011.D.10). 

EPA analysis: Each SIP must show that the state has legal authority to carry out the plan (40 

CFR 51.230). The delegation of legal authority for the State’s air pollution control agency to the 

LDEQ was adopted into the original SIP on May 31, 1972 (37 FR 10842). The name and seat of 

the air control agency has changed several times, but on March 8, 1989 (54 FR 9783) the names 

of State offices and agencies were replaced throughout the regulations with the phrase 

“administrative authority.” This phrase eliminates the need to amend regulations when the 

names of the positions or agencies are changed. 

By virtue of LA RS 30:2011, the air quality program was established within the LDEQ. 

The LA RS 30:2011 also sets forth the powers of this administrative authority and by LA RS 

30:2019 authorizes the promulgation by this administrative authority of rules and regulations. 

Enacted by the State legislature as the law of the State by Act 449 of 1979 and amended by Act 

97 of 1983, the authority of the LDEQ is also described in 33 LAC chapter 1, adopted into the 

SIP at 54 FR 9783.13

To address adequate funding, the LA RS 30:2011 charges the LDEQ with preparing and 

developing the SIP and provides the secretary of the LDEQ with the powers and duties to “... 

receive and budget duly appropriated monies and to accept, receive, and administer grants or 

other funds or gifts from public and private agencies, including the federal government, to carry 

out the provisions and purposes of this Subtitle” (RS 30:2011.D.10). In addition, the LDEQ 

annually receives Federal funds, authorized pursuant to sections 103 and 105 of the Act. The 

section 103 funds support specific, non-recurring projects within the air program, thus the 

amount of funding can vary widely from year to year. The section 105 funds support the 

foundation of the State’s air quality program, including the air monitoring network and annual 

air quality program activities. The section 105 funding levels are relatively consistent, varying 

not more than about 10% from year to year. The 105 funds require a 40% match from the State, 

 

13 Enforcement authority is provided by LA RS 30:2025, which is described elsewhere in this TSD; see “Program 

for enforcement of control measures: Section 110(a)(2)(C), beginning on p. 6 above. 
Page 13 of 21

while the 103 funds do not require a match. In fiscal year 2010 (FY10), Louisiana received 

$2,800,157 in 105 funds14 and successfully completed all of their air program obligations. 

Finally, this section of the Act, in part, requires that a state provide for necessary 

assurances that they have adequate personnel to implement the SIP. Louisiana under State 

statute is required to employ sufficient personnel to carry out this SIP. Louisiana RS 30:2011.F 

provides for "basic personnel and necessary scientific, technical, administrative, and operational 

services, including laboratory facilities as may be necessary to carry out the provisions of this 

Subtitle, shall be employed or provided by the department; however, the department may, by 

contract, secure such services as it may deem necessary from any other department, board, or 

agency of the state government, any educational institution, or the federal government; may 

arrange for compensation for such services; and may employ and compensate, within 

appropriations available therefore, such consultants and legal and technical assistance on a full or 

part-time basis as may be necessary to carry out the provisions of this Subtitle, and prescribe 

their duties." This provision assures that Louisiana is statutorily required to retain adequate 

personnel to implement this SIP. 

Regarding greenhouse gases (GHGs) however, EPA in its final PSD Narrowing Rule, 

promulgated December 30, 2010 (75 FR 82536), withdrew its previous approval of Louisiana’s 

PSD program to the extent it applies PSD to GHG-emitting sources below the thresholds in the 

final PSD Tailoring Rule. The PSD Tailoring Rule, which EPA promulgated June 3, 2010 (75 

FR 31514), implemented thresholds establishing applicability of the PSD permitting program to 

GHG-emitting sources only if they emit GHGs in amounts above the 75,000/100,000 tpy of 

carbon dioxide equivalent (denoted CO2e). Thus sources in affected states, including Louisiana, 

will not be subject to federal or state requirements to obtain permits at the lower 100/250 tpy 

level. The Tailoring Rule thresholds were designed to relieve the overwhelming administrative 

burdens and costs associated with the dramatic increase in permitting burden that would have 

resulted from applying PSD at the statutory levels (100/250 tpy) on January 2, 2011. The LDEQ 

submitted a supplemental letter to EPA dated March 24, 2011, certifying that the portion of the 

PSD program in the State’s submittal under review for these infrastructure SIP requirements is 

the portion that remained approved after EPA’s promulgation of the Narrowing Rule. This letter 

is in the docket for this rulemaking. 

We are therefore proposing that the Louisiana SIP meets the requirements of section 

110(a)(2)(E) of the Act, including the GHG component of the PSD program. 

6. Stationary source emissions monitoring and reporting: Section 110(a)(2)(F) requires, as 

may be prescribed by the Administrator, (i) 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, (ii) periodic reports on the nature and amounts 

of emissions and emissions-related data from such sources, and (iii) correlation of such reports 

by the State agency with any emission limitations or standards established pursuant to this Act, 

which reports shall be available at reasonable times for public inspection. 

The State's response: The most current revision to the SIP concerning stationary source 

emissions monitoring was submitted to EPA November 15, 1994 and approved on February 6, 

1995 (60 FR 02014).15

 

14 The State’s FY10 budget for air quality programs was approximately $4,666,928. $4,666,928 x (.4) = 

$1,866,771, which would be the State’s match or share of program funds. $4,666,928 - $1,866,771 = $2,800,157. 
Page 14 of 21

EPA analysis: 33 LAC chapters 7, 9, 13, 15 and 21 - 23 require source monitoring for 

compliance, recordkeeping and reporting, and provide for enforcement, with respect to the 

NAAQS for PM2.5, ozone and their precursors. These source monitoring program requirements 

generate data for ozone and PM2.5 and their precursors. 

Under the Louisiana SIP rules, the LDEQ is required to analyze the emissions data from 

point, area, mobile, and biogenic (natural) sources. The LDEQ uses this data to track progress 

towards maintaining the NAAQS, develop control and maintenance strategies, identify sources 

and general emission levels, and determine compliance with Louisiana and EPA requirements. 

The State’s emissions data are available on the LDEQ website (www.deq.louisiana.gov). These 

rules have been approved by EPA into the SIP. A list of the chapters and Federal Register 

citations are provided below. 

 The National Emissions Inventory (NEI) is EPA’s central repository for air emissions 

data. EPA published the Air Emissions Reporting Rule (AERR) on December 5, 2008, which 

modified the requirements for collecting and reporting air emissions data (73 FR 76539). The 

AERR shortened the time states had to report emissions data from 17 to 12 months, giving states 

one calendar year to submit emissions data. All states are required to submit a comprehensive 

emissions inventory (EI) every three years and report emissions for certain larger sources 

annually through EPA’s online Emissions Inventory System (EIS). States report emissions data 

for the six criteria pollutants and the precursors that form them – NOx, SO2, ammonia, lead, 

carbon monoxide, PM, and VOCs. Many states also voluntarily report emissions of hazardous 

air pollutants. EPA compiles the emissions data, supplementing it where necessary, and releases 

it to the general public through the website www.epa.gov/ttn/chief/eiinformation.html. 

There are two additional requirements that Louisiana must meet regarding emissions 

inventories: the EI requirement for nonattainment areas, and the requirement to submit annual 

EI data to EPA’s NEI database. For the Baton Rouge ozone nonattainment area, the LDEQ 

submitted an EI SIP with a 2002 base year which included NOx and VOC data. EPA approved 

this EI SIP on September 3, 2009 (74 FR 45561). The LDEQ is current with their submittals to 

the NEI database; the 2008 data was submitted to EPA in 2010. The State’s emissions data are 

also available on EPA’s AirData website, which provides access to air pollution data for the 

entire United States and can produce reports and maps of air pollution data based on criteria 

specified by the user (www.epa.gov/air/data/index.html). We are proposing that the Louisiana 

SIP meets the requirements of section 110(a)(2)(F). 

We note the following chapters within the State SIP as relevant to meet the requirements of 

section 110(a)(2)(F): 

Chapter 7 Ambient Air Quality 

Chapter 9 General Regulations on Control of Emissions and Emission Standards 

Chapter 13 Emission Standards for Particulate Matter 

Chapter 15 Emission Standards for Sulfur Dioxide 

Chapter 21 Control of Emissions of Organic Compounds 

Chapter 22 Control of Emissions of Nitrogen Oxides (NOx) 

Chapter 23 Control of Emissions from Specific Industries 

 15 The State erred in reporting the date of this rulemaking – it was actually January 6, 1995. 
Page 15 of 21

Table 4: Louisiana rules relevant to meeting section 110(a)(2)(F): 

Relevant Section of Louisiana’s SIP EPA Approval/Federal Register 

33 LAC 7 March 8, 1989 at 54 FR 9783 

33 LAC 9 March 8, 1989 at 54 FR 9783 

January 6, 1995 at 60 FR 02016 

33 LAC 13 March 8, 1989 at 54 FR 9783 

33 LAC 15 July 15, 1993 at 58 FR 38060 

33 LAC 21 May 5, 1994 at 59 FR 23166 

October 22, 1996 at 61 FR 54737 

33 LAC 22 September 27, 2002 at 67 FR 60877

33 LAC 23 March 8, 1989 at 54 FR 9783 

 

7. Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address 

activities causing imminent and substantial endangerment to public health, including adequate 

contingency plans to implement the emergency episode provisions in their SIPs. 

The State's response: The Prevention of Air Pollution Emergency Episodes provision was 

promulgated by LDEQ on December 20, 1987. Revisions were made to the SIP in January 1988 

and approved into the SIP on March 8, 1989 (54 FR 9795).16

EPA analysis: The LDEQ has authority to formulate contingency plans for environmental 

emergencies, pursuant to LA RS 30:2011D(15) and has authority to issue cease and desist orders 

as provided in LA RS 30:2025, which provides enforcement authority. The State addresses 

Prevention of Air Pollution Emergency Episodes at 33 LAC 56; these rules include contingency 

plans and were approved into the Louisiana SIP (see 54 FR 9783 and 54 FR 25449). 

We compared the State’s rules to 40 CFR 51 Subpart H – Prevention of Air Pollution 

Emergency Episodes and Appendix L to Part 51 - Example Regulations for Prevention of Air 

Pollution Emergency Episodes. Subpart H provides a classification system for episode plans. 

Each region in a state is classified separately with respect to each of the following pollutants: 

Sulfur dioxide, PM, carbon monoxide, nitrogen dioxide, and ozone (40 CFR 51.150). An area 

classified as a Priority I region for ozone has ambient concentrations greater than 195 

micrograms per cubic meter (denoted μg/m3) or 0.10 ppm for a 1-hour maximum. The 

regulations do not establish Priority II regions for ozone. Areas that do not meet the criteria for 

Priority I or II are classified Priority III. For PM, a Priority I region has ambient concentrations 

greater than 95 μg/m3 annual geometric mean or 325 μg/m3 for a 24-hour maximum. A Priority 

II region is any area which is not a Priority I region and has ambient concentrations between 60–

95 μg/m3 annual geometric mean or 150–325 μg/m3 for a 24-hour maximum. A Priority IA 

Region is any area which is Priority I primarily because of emissions from a single point source. 

Areas that do not meet the criteria for Priority I or II are classified Priority III. Table 6 below 

summarizes the classification for ozone and PM. Note that a classification scheme for 8-hour 

ozone is not addressed under Subpart H and while the table does not identify whether PM refers 

to PM10 or PM2.5, the date of promulgation for Subpart H would support PM10 (November 7, 

1986 (see 51 FR 40668), as amended on July 20, 1993 (see 58 FR 38822). 

 

16 We now identify a Federal Register notice by the first page of the rulemaking, so we would refer to this 

rulemaking as 54 FR 9783. 
Page 16 of 21

Table 5: Classification of Regions for Episode Plans for Ozone and Particulate Matter 

(40 CFR 51.150) 

Parameter Priority I Priority II Priority III 

Ozone Ambient concentrations 

> 195 μg/m3

 (0.10 ppm) 

1-hour maximum 

Not defined Areas which do not 

meet the criteria for 

Priority I 

Particulate 

matter 

Ambient concentrations 

> 95 μg/m3 annual 

geometric mean; 325 μg/m3

24-hour maximum 

Ambient 

concentrations 

between 60-95 μg/m3

annual geometric 

mean; 150-325 μg/m3

24-hour maximum. 

Areas which do not 

meet the criteria for 

Priority I or II 

The significant harm level (SHL) for the 8-hour ozone NAAQS will remain unchanged as 

0.6 parts per million ozone, 2-hour average, as indicated in 40 CFR 51.151. EPA believes that 

the existing ozone-related provisions of 40 CFR Subpart H remain appropriate. Therefore, EPA 

expects that for purposes of the 1997 8-hour ozone NAAQS, states need only to confirm that 

they have existing emergency episode plan provisions consistent with EPA’s existing regulatory 

requirements.17

The 33 LAC Chapter 56 addresses the pollutants specified under 40 CFR 51.150. Using 

2007-2009 ozone data, we determined that areas within Louisiana meet the classification for 

Priority I for 1-hour ozone. We found that 33 LAC 56 is consistent with the provisions of 40 

CFR 51.151 and 152, and Appendix L to Part 51. The State's rules at 33 LAC 56 include 

contingency plans and were approved into the Louisiana SIP (see 54 FR 9783 and 54 FR 25451). 

While the State has appropriate general emergency powers to address PM2.5 related 

episodes, SHLs for PM2.5 are not provided under Subpart H, nor have SHLs for the 1997 PM2.5

standards been proposed by EPA. The Louisiana SIP has not been revised to address 

contingency plans for PM2.5. To evaluate whether the Louisiana SIP provides adequate 

contingency plans for the 1997 PM2.5 NAAQS, EPA used guidance issued in 2009 for the 2006 

PM2.5 NAAQS.18, 19 The 2009 Guidance for PM2.5 recommends that a state with at least one 

monitored 24-hour PM2.5 value exceeding 140.4 μg/m3

 since 2006 establish an emergency 

episode plan and contingency measures to be implemented should such level be exceeded again. 

Additionally, the 2009 Guidance for PM2.5 recommends that if no area of a state has exceeded 

this 140.4 μg/m3

 level since 2006 and the state has appropriate general emergency powers to 

address PM2.5 related episodes, then no specific emergency episode plans are necessary at this 

time given the existing monitored levels. The 2006-2010 data for Louisiana20 do not exceed 

140.4 μg/m3

 and have consistently remained below the level of 140.4 μg/m3. In fact, these data 

indicate that Louisiana’s PM2.5 levels have stayed below 100 μg/m3. In addition, Subpart H at 

51.153 provides for reevaluation of episode plans and requires that, “States should periodically 

 

17 October 2, 2007 Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone 

and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy Division, OAQPS. 18 “Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) 

National Ambient Air Quality Standards (NAAQS)”, September 29, 2009 memorandum from William T. Harnett, 

Director, Air Quality Policy Division to Regional Air Division Directors. 

19 On October 17, 2006, EPA revised the 24-hour PM2.5 NAAQS from 65 μg/m3

 to 35 μg/m3 (see 71 FR 61144). 20 The PM data are available to the public through the State website (www.deq.louisiana.gov). 
Page 17 of 21

reevaluate priority classifications of all Regions or portion of Regions within their borders. The 

reevaluation must consider the three most recent years of air quality data. If the evaluation 

indicates a change to a higher priority classification, appropriate changes in the episode plan 

must be made as expeditiously as practicable.” Louisiana’s data does not indicate a change to a 

higher priority, but suggests that emergency episode plans for the PM2.5 NAAQS are not needed 

at this time. 

 Louisiana law limits LDEQ’s authority over certain agricultural practices. The LEQA at 

Chapter 3, Louisiana Air Control Law, Section 2054(B)(2)(b)(iii)-(vi) reads: 

(b) Nothing in this law shall be deemed to grant to the secretary any jurisdiction or 

authority to make any rule, regulation, recommendations, or determination with respect to 

any of the following: 

(i) Air conditions existing solely within the property boundaries of commercial 

and industrial plants, works, or shops. 

(ii) Relations between employers and employees with respect to or arising out of 

any air condition. 

(iii) Burning of agricultural by-products in the field in connection with the 

planting, harvesting, or processing of agricultural products. 

(iv) Controlled burning of cotton gin agricultural wastes in connection with cotton 

gin operations. 

 (v) Controlled burning in connection with timber stand management. 

 (vi) Controlled burning of pastureland or marshland in connection with trapping 

In addition, EPA approved the burning of agricultural lands as an exemption to the SIP 

requirements in 1989 (54 FR 9783). Even with these limitations, EPA believes that the State has 

adequate emergency power authority for implementing the 1997 ozone and PM2.5 NAAQS. The 

State has no nonattainment areas for the 1997 PM2.5 NAAQS and one ozone nonattainment area - 

Baton Rouge. EPA is currently reviewing LDEQ’s maintenance plan and request to redesignate 

the Baton Rouge ozone nonattainment area to attainment for the 1997 ozone NAAQS. Finally, 

LDEQ is working with the LA Department of Agriculture to create a state-wide Smoke 

Management Plan (SMP) that addresses air quality and minimizes the impacts of prescribed 

burns to the public and the environment. Currently, the SMP would be submitted to EPA as part 

of the State’s Regional Haze SIP; EPA will provide comments on the draft when the State 

signals that the draft is complete. We are proposing that the Louisiana SIP meets the 

requirements of section 110(a)(2)(G). 

8. Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise 

their SIPs in response to changes in the NAAQS, availability of improved methods for attaining 

NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

The State’s response: Louisiana, through the LDEQ, has revised the SIP as necessary to comply 

with changes to NAAQS or findings of inadequacies. See 54 FR 25449 for revisions concerning 

PM NAAQS. 

EPA analysis: The LA RS 30:2011 authorizes the LDEQ as the primary agency in the State 

concerned with environmental protection and regulation, including but not limited to air quality 

(LA RS 30:2011:A(1)). Further, the LDEQ has the power and duty to adopt, amend, or repeal all 

rules, regulations, and standards (LA RS 30:2011:D(1)) and per LA RS 30:2011D(7) must 
Page 18 of 21

“cooperate with ... the federal government ... in furtherance of the purposes of this Subtitle.” 

LA RS 30:2019 addresses the promulgation of rules and regulations and provides an exemption 

to the State’s determination that environmental and public health benefits anticipated from the 

proposed rule outweigh the social and economic costs expected from the proposed rule when the 

proposed revisions are required for compliance with Federal law or regulation. Thus, Louisiana 

has the authority to revise its SIP, as may be necessary to account for revisions of the NAAQS, 

adopt more effective methods of attaining the NAAQS, and respond to EPA SIP calls. We are 

proposing that the Louisiana SIP meets the requirements of section 110(a)(2)(H). 

9. Consultation, public notice, and PSD and visibility protection: Section 110(a)(2)(J) 

requires states to provide a process for consultation with local governments and Federal Land 

Managers carrying out NAAQS implementation requirements pursuant to section 121 relating to 

consultation. Section 110(a)(2)(J) further requires states to notify the public if NAAQS are 

exceeded in an area and to enhance public awareness of measures that can be taken to prevent 

exceedances. Section 110(a)(2)(J) also requires States to meet applicable requirements of Part C 

related to prevention of significant deterioration and visibility protection. 

The State's response: Regarding consultation and public notice, the LDEQ, through the 

established public hearing process and laws governing public participation, meets the applicable 

requirements of section 121 relating to consultation as required by section 110(a)(2)(J). 

Regarding PSD and visibility protection, the PSD SIP was first approved on October 28, 1990 

(56 FR 20137) with subsequent revisions approved on October 15, 1996 (61 FR 53639). 

Visibility protection requirements were met through the submittal of the Visibility Analysis and 

Long Term Strategy, submitted October 26, 1987 and approved December 19, 1988 (53 FR 

50958). Furthermore, the proposed Regional Haze SIP revisions were submitted to EPA on 

November 20, 2007. 

EPA analysis: Regarding consultation with government officials and public notification, the LA 

RS 30:2011 provides that the secretary of the LDEQ, “... shall hold a public hearing to receive 

comments ... from all interested parties and the public” prior to the adoption of any rule or 

regulation (LA RS 30:2011D(1)). In addition, RS 30:2011 provides that the secretary shall have 

the power and duty “to advise, consult, and cooperate with other agencies of the state, the federal 

government, other states, and interstate agencies and with affected groups, political subdivisions, 

interested agricultural, industrial, professional, and environmental groups and individuals in 

furtherance of the purposes of this Subtitle.” (See LA RS 30:2011D(1)). In addition, section 509 

of 33 LAC 5 provides that the State must consult with Federal Land Managers prior to requesting 

redesignation of any Class I or Class II areas.21 Section 1434 of 33 LAC 14 requires that 

interagency consultation be undertaken before making conformity determinations and before 

adopting applicable SIP revisions, and public hearings shall be held to receive public comment 

on transportation-related SIPs.22 These rules are in the Federally-approved SIP. We are 

proposing that the Louisiana SIP meets the requirements of this portion of section 110(a)(2)(J). 

 Section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded 

in an area and to enhance public awareness of measures that can be taken to prevent 

exceedances. The State implements a voluntary Ozone Action Day (OAD) program in the five 

 

21 See 54 FR 9783. 

22 See 64 FR 72938. 
Page 19 of 21

parishes that comprise the Baton Rouge ozone nonattainment area. The program is accessible 

through the LDEQ website and includes measures that individuals and organizations can 

implement to reduce ozone levels and exposure to ozone. Also on the LDEQ website, one can 

subscribe to Enviroflash, an electronic information system that provides instant air quality 

information via e-mail, cell phone, or pager.23 In addition, a 3-day air quality forecast is 

available on the LDEQ website for ozone and PM2.5 for each forecast area,24 to enhance 

awareness. Provisions regarding public availability of emission data were approved into the SIP 

on July 7, 1982 (47 FR 29535). We are proposing that the Louisiana SIP meets this portion of 

section 110(a)(2)(J). 

 Regarding PSD and visibility protection, Section 110(a)(2)(J) requires States to meet 

applicable requirements of Part C related to PSD and visibility protection. As detailed in section 

C above, Louisiana’s PSD program has been approved into the SIP. EPA approved Louisiana’s 

Visibility Protection Plan into the Louisiana SIP on June 10, 1986 (51 FR 20967). EPA approved 

revisions to Louisiana’s Visibility Protection Plan and approved a Long-Term Strategy for 

Visibility Protection into the Louisiana SIP on December 19, 1988 (53 FR 50958). With regard 

to the applicable requirements for visibility protection, EPA recognizes that states are subject to 

visibility and regional haze program requirements under sections 169A and 169B of the Act. In 

the event of the establishment of a new NAAQS, however, these visibility and regional haze 

program requirements do not change. Thus, we find that there is no new visibility obligation 

triggered under section 110(a)(2)(J) when a new NAAQS becomes effective. We are proposing 

that the Louisiana SIP meets this portion of section 110(a)(2)(J). 

10. Air quality modeling and submission of data: Section 110(a)(2)(K) requires that SIPs 

provide for performing air quality modeling for predicting effects on air quality of emissions 

from any NAAQS pollutant and submission of such data to EPA upon request. 

The State’s response: Air quality modeling requirements are met through various SIP submittals 

through attainment demonstrations. The most recent submittal can be found in the Regional 

Haze submittal dated November 20, 2007. 

EPA analysis: Modeling and emissions reductions measures have been submitted by the State 

and approved into the SIP. For example, we reference the air modeling and emissions reduction 

data submitted within the Attainment Demonstration for the Shreveport-Bossier City Early 

Action Compact Area, approved by EPA on August 22, 2005 (70 FR 48880).25 In addition, the 

LA RS 30:2011D(7) authorizes the LDEQ to cooperate with the federal government, allowing 

LDEQ to make these submissions to the EPA. We are proposing that the Louisiana SIP meets 

the requirements of section 110(a)(2)(K). 

11. Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source 

to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a 

permit. 

 

23 Please see www.deq.louisiana.gov/portal. 24 There are eight forecast areas: Baton Rouge, Alexandria, Lake Charles, Lafayette, Monroe, New Orleans, 

Shreveport, and Thibodaux. Please see www.deq.louisiana.gov/portal. 25 The docket for this Shreveport-Bossier City rulemaking action is available through www.regulations.gov. The 

docket ID is EPA-R06-OAR-2005-LA-0001. 
Page 20 of 21

The State's response: LDEQ’s fee system was approved by EPA on July 7, 1982 (47 FR 29535). 

EPA analysis: In addition to the State’s response, revisions to Louisiana’s Permit Fee System 

were approved into the SIP on May 3, 1984 (49 FR 18825) and March 8, 1989 (54 FR 9783). A 

lengthy list of additional fees for annual maintenance, new applications, and major and minor 

modified permit fees were approved into the Louisiana SIP at 54 FR 9783 and 59 FR 14112 

(March 25, 1994). Operating permits, also known as Title V (see footnote 3, beginning on p. 2 

above) and associated fees legally are not part of the SIP, but were approved by EPA on 

September 12, 1995 (60 FR 47296) as part of the Louisiana Title V Program. We are proposing 

that the Louisiana SIP meets the requirements of section 110(a)(2)(L).

12. Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states 

to provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. 

The State’s response: LDEQ, through the established public hearing process and laws governing 

public participation, meets the applicable requirements of section 110(a)(2)(M). 

EPA analysis: As described under element J above, regarding consultation with government 

officials and public notification, the LA RS 30:2011 provides that the secretary of the LDEQ, 

“... shall hold a public hearing to receive comments ... from all interested parties and the public” 

prior to the adoption of any rule or regulation (LA RS 30:2011D(1)). In addition, LA RS 

30:2011 provides that the secretary shall have the power and duty “to advise, consult, and 

cooperate with other agencies of the state, the federal government, other states, and interstate 

agencies and with affected groups, political subdivisions, interested agricultural, industrial, 

professional, and environmental groups and individuals in furtherance of the purposes of this 

Subtitle.” (See LA RS 30:2011D(7)). We also cross-reference the discussion in element J 

above, where the State rules require interagency consultation before making conformity 

determinations and before adopting applicable SIP revisions; and public hearings shall be held to 

receive public comment on transportation-related SIPs.26 These rules are in the Federallyapproved SIP. We are proposing that the Louisiana SIP meets the requirements of this portion of 

section 110(a)(2)(M). 

III. EPA’s Recommendation

We reviewed Louisiana’s submittal, SIP, and air quality data for ozone and PM for 

compliance with the requirements of sections 110(a)(1) and (2) of the Act for the 1997 8-hour 

ozone and PM2.5 standards. We recommend that EPA propose to approve the Louisiana SIP 

submittals that identify where and how the 14 basic infrastructure elements are in the EPAapproved SIP as specified in section 110(a)(2) of the Act for the 1997 8-hour ozone and PM2.5

standards. These submittals address the infrastructure elements specified in the CAA section 

110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and PM2.5

NAAQS. 

 

26 See 64 FR 72938. 
Page 21 of 21

We recommend approval of the Louisiana SIP for the following elements: 

Emission limits and other control measures: Section 110(a)(2)(A) 

Ambient air quality monitoring/data system: Section 110(a)(2)(B) 

Program for enforcement of control measures: Section 110(a)(2)(C) 

Interstate transport: Section 110(a)(2)(D)(ii) 

Adequate resources: Section 110(a)(2)(E) 

Stationary source monitoring system: Section 110(a)(2)(F) 

Emergency power: Section 110(a)(2)(G) 

Future SIP revisions: Section 110(a)(2)(H) 

Consultation and public notice: Section 110(a)(2)(J) 

PSD and visibility protection: Section 110(a)(2)(J) 

Air quality and modeling/data: Section 110(a)(2)(K) 

Permitting fees: Section 110(a)(2)(L) 

Consultation/participation by affected local entities: Section 110(a)(2)(M) 

We also recommend approval of the following revisions to 33 LAC Chapter 5, section 509, 

submitted by LDEQ on December 20, 2005 and November 9, 2007: 

1. The 2005 non-substantive recodification of the definition for Major Modification at 

subsection 2 as subsection b, and the 2007 substantive change adding NOx to the 

definition of Major Modification. 

2. The 2005 non-substantive recodification of the definition for Major Stationary Source at 

subsection 4 as subsection d, and the 2007 substantive change adding NOx to the 

definition of Major Stationary Source. 

3. The 2005 non-substantive recodification of the first paragraph of the definition for 

Significant at subsection 1 to subsection a, and the 2007 substantive change adding NOx 

as a precursor to the table’s criteria and other pollutants listing for ozone. 

4. The 2005 non-substantive recodification of the first paragraph of subsection I.8 to 

subsection I.5, and the 2007 substantive change allowing for an exemption with respect 

to ozone monitoring for a source with a net emissions increase less than 100 tpy of NOx. 

IV. References

1. Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy 

Division, OAQPS, to Air Division Directors; dated October 2, 2007. 

2. Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour 

Fine Particle (PM2.5) NAAQS, Memorandum from William T. Harnett, Director, Air Quality 

Policy Division, OAQPS, to Regional Air Division Directors, dated September 25, 2009.