Louisiana State Implemen tation Plan Elements Required Under Section 110(a)(2) for the 1997 8-hour Ozone and Fine Particulate Matter (PM 2.5 ) 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 Sect ion 110(a)(2) for the 1997 8-hour ozone and fine particulate matter NAAQS, th e State submittals and EPA analysis

III. EPA’s Recommendation

IV. References

I. Introduction In this technical support document (TSD), EP A 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) fo r 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 fo r Louisiana are provided in s ubsections A and B, below. Throughout this document, “we,” “us,” and “our” means EPA. Section II of the TSD provides a descripti on of each element required under section 110(a)(2) of the Act, the State’s re sponse, and our analysis of the St ate’s response. Copies of the State’s submittals are in the docket for this rulemaking.

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

reviewed herein.

Section IV of the TSD contai ns a list of the guidance doc uments 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 ne w 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-hou r 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 PM 2.5 ). The annual PM 2.5 standard was set at 15 micrograms per cubic meter ( μ g/m 3 ) and the 24-hour standard was set at 65 μ g/m 3

.Page 2 of 21 Under section 110(a)(1) of the Act, all states are require d to submit plans to provide for the implementation, maintenance and enforcemen t of each NAAQS within 3 years following the promulgation of the NAAQS, or within such sh orter period as EPA may prescribe. Section 110(a)(2) lists twelve elements that must be in cluded in these state implementation plan (SIP) submissions. The requirements include SIP “infra structure” elements such as requirements for air pollution control measures and monitoring th at are designed to a ssure attainment and maintenance of the NAAQS. The statutory languag e 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 PM 2.5 National Ambient Air Quality Standards,” Memorandum from William T. Harn ett, 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, St ates need only certify that fact to EPA. On December 11, 2007, the Louisiana Departme nt 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 PM 2.5 NAAQS. In the letter, the State certified that the Louisiana SIP meets the requirements in sections 110(a)(1) an d (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 PM 2.5 National Ambient Air Quality Standard s,” 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) a nd (2) of the CAA. The State’s January 7, 2008 letter addressed most of th e 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, supplemen ting and clarifying the prior tw o letters. The State’s March 24, 2011, letter certified additional programs as sa tisfying elements required under sections 110(a)(1) and (2), and clar ified the portions of the Prevention of Significant Deterioration (PSD) program as before EPA for review. On March 27, 2008, EPA published findings co ncerning 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 c oncerning whether states had made the 110(a)(2) submissions for the 1997 PM 2.5 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 re visions to their New Source Review (NSR) program to meet the re quirements 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 submitta ls contain numerous revisions, including four that assist the State in meeting the infrastr ucture requirements. Th e 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 ozon e 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 modi fications at existing major stat ionary sources are required by the Act to, among other things, obtain an air poll ution permit before construction begins. This pre-construction 3 permitting process for major stationary sources is called NSR and is required whether the major source or major modificatio n is planned for an area where the NAAQS are exceeded (nonattainment areas) or an ar ea 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 th e 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 permitt ing programs, is referred to as the NSR program. A major source is one wi th the potential to em it 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 require ments, 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 neces sary 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, pub lished 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 Stat e submittals and EPA analysis The Federally approved SIP for each state is lis ted in Title 40, Part 52, of the US Code of Federal Regulations (denoted 40 CFR 52). The firs t 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 pr ovided in 40 CFR Part 52, Subpart T, sections 970 to 999. The Identification of plan for Louisi ana 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 th at 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 showi ng 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, m eans or techniques, as

3 After construction, the source must obtain an operating pe rmit, 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) require s that all measures and other elements in the SIP be

enforceable. This subsection also authorizes SI Ps to contain certain nont raditional techniques for reducing pollution – economic incen tives, 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 Ac t (LEQA) names the LD EQ as the State’s air pollution control agency and provides enforc ement authority to the LDEQ. We reviewed the LA SIP and found state rules to implement a nd 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 Pa rt III (Motor Vehicles) of th e Louisiana Administrative Code (denoted 33 LAC and 55 LAC) as relevant in m eeting the requirements of section 110(a)(2)(A). These sections were approved by EPA into th e 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 Contro l of Emissions and Emission Standards Chapter 11 Control of Emissions from Smoke Chapter 13 Emission Standard s for Particulate Matter Chapter 14 Conformity Chapter 15 Emission Standards for Sulfur Dioxide Chapter 21 Control of Emi ssions of Organic Compounds Chapter 22 Control of Emi ssions 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 th e 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 administrativ e authority and by LA RS 30:1 067 authorizes the promulgation by this administrative authority of rules and re gulations ... enacted by the legislature as the law of this State by Act 449 of 1979. Th is 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, in cluding nonattainment new source review (NSR) procedures; prevention of significant deteriorat ion (PSD); and the Clean Air Interstate Rule (CAIR) requirements, which are inte nded to reduce NOx and sulfur dioxide (SO 2 )

emissions from Louisiana that are contribu ting to nonattainment of the 1997 ozone and PM 2.5 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, E RC bank recordkeeping and reporting requirements, schedule for submitting applications, and procedures for review and approval of ERCs. Chapter 7 establishes the primary and sec ondary ambient air quality standards and establishes the methods of measuring the concen trations 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 addresse s control of emissions of smoke from sources including flares and outdoor burning. Chapter 13 provides emissi ons 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 gene ral federal actions to the applicable SIPs. Chapter 15 addresses SO 2 emission limits, continuous emissions monitoring, recordkeeping and reporting. Chapter 21 addresses emission limits for VOC s, control methods, recordkeeping and compliance schedules. Chapter 22 provides fo r NOx emission limits, control methods, and compliance schedules. Chapter 23 addresses cont rol of NOx emissions for specific industries, including chemical woodpulping an d 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 emissi ons and thus strengthen the SIP were proposed for approval on February 25, 2011 (76 FR 10544). Fo r 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 th e 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 th e requirements of se ction 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 SO 2 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 monitori ng 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 monito rs is reported to EPA on a regular basis.

EPA analysis : EPA historically has promulgated regula tions in 40 CFR 58 (A mbient Air Quality Surveillance), indicating the necessary data states n eed to collect and submit as part of their SIP. The Louisiana statewide air quality surveilla nce network was approved by EPA on August 6, 1981 (46 FR 40006). The air quality surveillan ce network undergoes annu al 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. Th e LDEQ monitors that are not certified as meeting the federal requirements are iden tified 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 curre nt concentrations of PM 2.5 and ozone measured in the State’s

network of monitors. The State submits air mon itoring data to EPA quarterly and certifies the data annually. We are proposing that the Loui siana 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 th e measures described in subparagraph (A), and the regulation of the modification and constructio n of any stationary source within the areas covered by the SIP as necessary to assure th at 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 si gnificant 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 Contro l of Emissions and Emission Standards Chapter 14 Conformity Chapter 21 Control of Emi ssions of Organic Compounds Chapter 22 Control of Emissi ons 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; co mpliance orders and emergency cease and desist orders; expedited enforcement progr am; 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 recordkeep ing and reporting requirements are provided in chapter 6. Enforcement of emissions invent ory requirements is provided in chapter 9.

Additional issues addressed in chapters 5, 7, 14, 21, 22, and 55 LA C 8 include allowable rates, compliance schedules, control plan requirement s, 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 ar e 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 bound aries beyond which regulated

entities in Louisiana can expect enforcement action. The statutory and regulatory programs that regulate the constructi on 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 ma jor 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 pol lutant 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 stationa ry 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 wi th attainment or maintenance of a NAAQS or violate the control strategy in nonattainment ar eas. 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 pr ogram 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 “b road degree of discretion” in implementing their minor NSR programs (71 FR 48696, 48700). Th e “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 a nd 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 appr oved into the SIP on April 24, 1987 (52 FR 13671). 11 The PSD program approved by EPA into th e Louisiana SIP does not apply to sources on lands under the jurisdiction of Indian gove rning bodies because the LDEQ does not have jurisdiction over such lands. Re visions to Louisiana’s PSD progr am 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 incremen ts, significant impact levels and significant monitoring concentration for PM 2.5 (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 administ rative 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 Februa ry 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 (re numbering of citations) within the SIP (denoted below as “2005”). LDEQ also submitted a SIP revisi on to EPA dated November 9, 2007, to meet requirements of the 8-hour ozone NAAQS by in corporating 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 Ta ble 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 pollutan ts listing for ozone.

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

subsection I.5 , and the 2007 substantive change allo wing 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 de finition in 40 CFR 51.166(b)(49) for NOx as an ozone precursor. The 2007 revi sions 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 16 6(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 ar e severable from the infrastruc ture SIP requirements addressed in this proposed action. The EPA is review ing the remainder of the 2005 and 2007 submitted revisions; therefore, we are not proposing to take action on thos e revisions in this proposed rulemaking. We intend to act on those revisions in a future rulemaking. Finally, we are not addressi ng the Green House Gas Tailoring Rule or the 2005 NSR Reform regulations in this action. EPA will ev aluate the PSD program with respect to these issues in future rulemaking actions. We are proposing that the L ouisiana SIP m eets the requireme nts of section 110(a)(2)(C).Page 10 of 21 Table 2: Louisiana SIP Revisions that Add ress 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 stationar y 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 EP A 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 provisi ons prohibiting any sour ce 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 visibi lity in another state. Section 110(a)(2)(D)(ii) requires SIPs to include provisi ons 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 SO 2 and NOx. The SO 2 CAIR SIP was approved on July 20, 2007 (72 FR 39741) and

the NO X CAIR SIP was approved on September 28, 2007 (72 FR 55064).

EPA analysis : Interstate transport, 110(a)(2)(D)(i) The proposed FIPs to redu ce interstate transport of

PM 2.5 and ozone (75 FR 45210) identify Louisiana as having emissions that contribute significantly to nonattainment in, or interfer e with maintenance by, a downwind area with respect to the 1997 ozone and PM 2.5 NAAQS. As a result, the L ouisiana CAIR SIPs no longer assist the State in meeting this infrastructure el ement. We will take action on the interstate transport provision of 110(a)(2)(D)(i) in a sepa rate rulemaking, following (or in conjunction with) the action to approve the proposed FI Ps to reduce interstate transport of PM 2.5 and ozone

in Louisiana. Interstate and international pol lution 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 publi c health or welfare in a fore ign country. Section 126(a) ofPage 12 of 21 the Act requires that each applicable implementa tion plan shall require ea ch 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 s ource: (1) subject to significan t deterioration of air quality review or, (2) which may signifi cantly 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 proposi ng that the Louisiana SIP meets the requirements of s ection 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 Louisi ana Revised Statutes provides that the LDEQ secretary shall “receive and budget duly appropriated monies ... to carry out the provisions and purposes of this S ubtitle” (Title 30 of the Louisi ana Revised Statute, chapter 2, denoted LA RS 30:2011.D.10).

EPA analysis : Each SIP must show that the state has legal authority to ca rry 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 or iginal 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 regulati ons 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 es tablished within the LDEQ. The LA RS 30:2011 also sets forth the powers of this administrative au thority and by LA RS 30:2019 authorizes the promulgation by this admini strative authority of rules and regulations. Enacted by the State legislature as the law of the State by Ac t 449 of 1979 and amended by Act 97 of 1983, the authority of the LDEQ is also de scribed 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 th e secretary of the LDEQ with the powers and duties to “... receive and budget duly appropriate d 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 S ubtitle” (RS 30:2011.D.10). In addition, the LDEQ annually receives Federal funds, authorized pursuant to sectio ns 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 fu nding levels are relativel y 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 (FY 10), Louisiana received $2,800,157 in 105 funds 14 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 scient ific, technical, administrative, and operational services, including laboratory facili ties as may be necessary to ca rry 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 educationa l institution, or the federal government; may arrange for compensation for such services ; and may employ and compensate, within appropriations available therefore, such consultant s 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 a ssures that Louisiana is statutor ily 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), withdr ew 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 a pplicability 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 s ources in affected states , including Louisiana, will not be subject to federal or state require ments to obtain permits at the lower 100/250 tpy level. The Tailoring Rule thresholds were desi gned 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 t py) 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 pr omulgation of the Narrowing Rule. This letter is in the docket for this rulemaking. We are therefore proposing that the Louisi ana SIP meets the requirements of section 110(a)(2)(E) of the Act, including th e 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) th e installation, maintenance and replacement of equipment, and the implementation of other necessary steps, by owners or ope rators of stationary

sources to monitor emissions from such source s, (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 th e 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 wa s 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 prov ide for enforcement, with respect to the NAAQS for PM 2.5 , ozone and their precursors. These source monitoring program requirements generate data for ozone and PM 2.5 and their precursors. Under the Louisiana SIP rules, the LDEQ is required to analyze the emissions data from point, area, mobile, and biogenic (n atural) sources. The LDEQ uses this data to track progress towards maintaining the NAAQS, develop control and maintenan ce strategies, identify sources and general emission levels, and determine comp liance with Louisiana and EPA requirements.

The State’s emissions data are available on th e LDEQ website (www.deq.l ouisiana.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 Repor ting 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 emi ssions data from 17 to 12 months, giving states one calendar year to submit emissions data. Al l 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 Sy stem (EIS). States report emissions data for the six criteria pollutants and the precursors that form them – NOx, SO 2 , ammonia, lead, carbon monoxide, PM, and VOCs. Many states al so voluntarily report emissions of hazardous air pollutants. EPA compiles the emissions data , supplementing it where n ecessary, 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 requireme nt for nonattainment areas, and the requirement to submit annual

EI data to EPA’s NEI database. For the Ba ton Rouge ozone nonattainment area, the LDEQ submitted an EI SIP with a 2002 base year wh ich included NOx and VOC data. EPA approved this EI SIP on September 3, 2009 (74 FR 45561). Th e 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 ar e 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 m eet the requirements of section 110(a)(2)(F):

Chapter 7 Ambient Air Quality Chapter 9 General Regulations on Contro l of Emissions and Emission Standards Chapter 13 Emission Standard s for Particulate Matter Chapter 15 Emission Standards for Sulfur Dioxide Chapter 21 Control of Emi ssions of Organic Compounds Chapter 22 Control of Emissi ons of Nitrogen Oxides (NO

x ) Chapter 23 Control of Em issions 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 SI P 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 enda ngerment to public healt h, including adequate contingency plans to implement the emerge ncy episode provisions in their SIPs.

The State's response : The Prevention of Air Polluti on Emergency Episodes provision was promulgated by LDEQ on December 20, 1987. Revisi ons 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 formulat e 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 aut hority. The State addresses Prevention of Air Pollution Emergency Episodes at 33 LAC 56; these rule s include contingency plans and were approved into the Loui siana 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 classifi ed 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 Priori ty II regions for ozone. Areas that do not meet the criteria for Priority I or II are classified Pr iority 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 am bient 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 be cause 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 classificat ion scheme for 8-hour ozone is not addressed under Subpart H and while the table does not identify whether PM refers

to PM 10 or PM 2.5 , the date of promulgation for Subpart H would support PM 10 (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 Ep isode Plans for Ozone and Particulate Matter (40 CFR 51.150) Parameter Priority I Priority II Priority III

Ozone Ambient concentrations > 195 μg/m 3 (0.10 ppm)

1-hour maximum Not defined Areas which do not

meet the criteria for Priority I

Particulate

matter Ambient concentrations > 95 μg/m 3 annual geometric mean; 325 μg/m 3

24-hour maximum Ambient

concentrations between 60-95 μg/m 3
annual geometric mean; 150-325 μg/m 3

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 provisi ons of 40 CFR Subpart H remain appropriate. Therefore, EPA expects that for purposes of the 1997 8-hour ozon e NAAQS, states need only to confirm that they have existing emergency epis ode plan provisions consistent with EPA’s existing regulatory requirements. 17
The 33 LAC Chapter 56 addresses the pollu tants specified under 40 CFR 51.150. Using 2007-2009 ozone data, we determined that areas w ithin 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 gene ral emergency powers to address PM 2.5 related episodes, SHLs for PM 2.5 are not provided under Subpart H, nor have SHLs for the 1997 PM 2.5 standards been proposed by EPA. The Louisi ana SIP has not been revised to address contingency plans for PM 2.5 . To evaluate whether the Louisiana SIP provides adequate contingency plans for the 1997 PM 2.5 NAAQS, EPA used guidance issued in 2009 for the 2006

PM 2.5 NAAQS. 18, 19 The 2009 Guidance for PM 2.5 recommends that a st ate with at least one

monitored 24-hour PM 2.5 value exceeding 140.4 μg/m 3 since 2006 establish an emergency episode plan and contingency measures to be im plemented should such level be exceeded again. Additionally, the 2009 Guidance for PM 2.5 recommends that if no area of a state has exceeded this 140.4 μg/m 3 level since 2006 and the state has appr opriate general emergency powers to

address PM 2.5 related episodes, then no specific emergenc y episode plans are necessary at this time given the existing monitored leve ls. The 2006-2010 data for Louisiana 20 do not exceed 140.4 μg/m 3 and have consistently remain ed below the level of 140.4 μg/m 3 . In fact, these data

indicate that Louisiana’s PM 2.5 levels have stayed below 100 μg/m 3 . In addition, Subpart H at 51.153 provides for reevaluation of episode plans and requires that, “Sta tes 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 PM 2.5 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 (PM 2.5 ) National Ambient Air Quality Standard s (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 PM 2.5 NAAQS from 65 μ g/m 3 to 35 μ g/m 3 (see 71 FR 61144).

20 The PM data are available to the public thro ugh the State website (www.deq.louisiana.gov).Page 17 of 21 reevaluate priority classifications of all Regions or portion of Re gions within their borders. The

reevaluation must consider the three most recen t years of air quality da ta. If the evaluation indicates a change to a higher pr iority 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 PM 2.5 NAAQS are not needed

at this time. Louisiana law limits LDEQ’s authority over cer tain 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, recomm endations, 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 employ ees with respect to or arising out of any air condition. (iii) Burning of agricultural by-product s in the field in connection with the planting, harvesting, or proces sing of agricultural products. (iv) Controlled burning of cotton gin agricu ltural wastes in connection with cotton gin operations. (v) Controlled burning in connect ion 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 PM 2.5 NAAQS. The

State has no nonattainment areas for the 1997 PM 2.5 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 quali ty and minimizes the impacts of prescribed burns to the public and the environment. Current ly, the SMP would be submitted to EPA as part of the State’s Regional Haze SIP; EPA will pr ovide comments on the draft when the State signals that the draft is complete. We ar e 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 th at 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 inadequa cies. 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 re gulation, including but not limited to air quality (LA RS 30:2011:A(1)). Further, the LDEQ has th e 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) mustPage 18 of 21 “cooperate with ... the federal government ... in furt herance of the purposes of this Subtitle.” LA RS 30:2019 addresses the promulgation of ru les 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 co sts 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 th e NAAQS, and respond to EPA SIP calls. We are proposing that the Louisiana SIP meets th e requirements of se ction 110(a)(2)(H).

9. Consultation, public notice, a nd PSD and visibility protection : Section 110(a)(2)(J) requires states to provide a pr ocess for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requi rements 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 awaren ess of measures that can be taken to prevent exceedances. Section 110(a)(2)(J) also requires Stat es to meet applicable requirements of Part C related to prevention of significant dete rioration and visibi lity protection.

The State's response : Regarding consultation and public notice, the LDEQ, through the established public hearing proce ss and laws governing public partic ipation, meets the applicable requirements of section 121 relating to consul tation as required by section 110(a)(2)(J). Regarding PSD and visibility protection, th e 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 thro ugh 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 LD EQ, “... 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 cooperat e 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 envi ronmental 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 Stat e must consult with Federal La nd Managers prior to requesting redesignation of any Cl ass 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 hear ings 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 require ments 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 in cludes measures that indivi duals 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 ai r quality forecast is available on the LDEQ website for ozone and PM 2.5 for each forecast area, 24 to enhance awareness. Provisions regarding public availabi lity of emission data were approved into the SIP on July 7, 1982 (47 FR 29535). We are proposing th at 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 prot ection. As detailed in section C above, Louisiana’s PSD program has been appr oved 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 prot ection, 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 fi nd 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 sectio n 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 effect s on air quality of emissions from any NAAQS pollutant and submissi on 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 Demons tration for the Shreveport-Bossier City Early Action Compact Area, approved by EP A 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 subm issions 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) requ ires SIPs to require each major stationary source to pay permitting fees to cover the cost of re viewing, approving, implementing and enforcing a permit.

23 Please see www.deq.louisiana.gov/portal

. 24 There are eight forecast areas: Baton Rouge, Alexandr ia, 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 fo r 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 know n 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 re quirements 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 requirement s 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 se cretary 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 regulat ion (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 governmen t, other states, and interstate agencies and with affected groups, political subd ivisions, interested ag ricultural, industrial, professional, and environmental groups and indivi duals 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 re quire interagency consultatio n before making conformity determinations and before adopting applicable SIP revision s; and public hearings shall be held to receive public comment on tr ansportation-related SIPs. 26 These rules are in the Federallyapproved SIP. We are proposing that the Louisian a SIP meets the requirements of this portion of section 110(a)(2)(M).

III. EPA’s Recommendation

We reviewed Louisiana’s submittal, SIP, a nd 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 PM 2.5 standards. We recommend that EPA propose to approve the Louisiana SIP submittals that identify where and how the 14 ba sic infrastructure elements are in the EPAapproved SIP as specified in section 110(a)(2 ) of the Act for the 1997 8-hour ozone and PM 2.5 standards. These submittals address the infrastr ucture elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and PM 2.5 NAAQS.

26 See 64 FR 72938.Page 21 of 21 We recommend approval of the Louisi ana SIP for the following elements : Emission limits and other control measures: Section 110(a)(2)(A) Ambient air quality monitoring/dat a system: Section 110(a)(2)(B) Program for enforcement of contro l 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 no tice: Section 110(a)(2)(J) PSD and visibility protectio n: Section 110(a)(2)(J) Air quality and modeling/da ta: Section 110(a)(2)(K) Permitting fees: Section 110(a)(2)(L) Consultation/particip ation by affected local enti ties: Secti on 110(a)(2)(M)

We also recommend approval of the followin g 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 pollutan ts listing for ozone.

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

subsection I.5 , and the 2007 substantive change allo wing 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 PM 2.5 NAAQS, Memorandum from William T. Ha rnett, 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 (PM 2.5 ) NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy Division, OAQPS, to Regional Air Divi sion Directors, da ted September 25, 2009.