Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1410 - Criteria for Determining Conformity of General Federal Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An action
				  required under LAC 33:III.1405 to have a conformity determination for a
				  specific pollutant will be determined to conform to the applicable SIP if, for
				  each pollutant that equals or exceeds the rates in LAC 33:III.1405.B or
				  otherwise requires a conformity determination due to the total of direct and
				  indirect emissions from the action, the action meets the requirements of
				  Subsection C of this Section and meets any of the following requirements:
1. for any criteria pollutant, the total of
				  direct and indirect emissions from the action are specifically identified and
				  accounted for in the applicable SIP's attainment or maintenance
				  demonstration;
2. for ozone or
				  nitrogen dioxide, the total of direct and indirect emissions from the action
				  are fully offset within the same nonattainment or maintenance area through a
				  revision to the applicable SIP or a measure similarly enforceable under state
				  and federal law that effects emission offsets so that there is no net increase
				  in emissions of that pollutant;
3.
				  for any criteria pollutant, except ozone and nitrogen dioxide, the total of
				  direct and indirect emissions from the action meet the requirements:
a. specified in Subsection B of this Section,
				  based on areawide air quality modeling analysis and local air quality modeling
				  analysis; or
b. meet the
				  requirements of Paragraph A.5 of this Section and, for local air quality
				  modeling analysis, the requirement of Subsection B of this Section;
4. for CO or
				  PM10:
a. where the
				  department determines that an areawide air quality modeling analysis is not
				  needed, the total of direct and indirect emissions from the action meet the
				  requirements specified in Subsection B of this Section based on local air
				  quality modeling analysis; or
b.
				  where the department determines that an areawide air quality modeling analysis
				  is appropriate and that a local air quality modeling analysis is not needed,
				  the total of direct and indirect emissions from the action meet the
				  requirements specified in Subsection B of this Section based on areawide
				  modeling or meet the requirements of Paragraph A.5 of this Section;
				  or
5. for ozone or
				  nitrogen dioxide and for purposes of Subparagraphs A.3.b and 4.b of this
				  Section, each portion of the action or the action as a whole meets any of the
				  following requirements:
a. where EPA has
				  approved a revision to an area's attainment or maintenance demonstration after
				  1990 and the department makes a determination as provided in Clause A.5.a.i of
				  this Section or where the state makes a commitment as provided in Clause
				  A.5.a.ii of this Section:
i. the total of
				  direct and indirect emissions from the action (or portion thereof) is
				  determined and documented by the department to result in a level of emissions
				  that, together with all other emissions in the nonattainment or maintenance
				  area, would not exceed the emissions budgets specified in the applicable SIP.
				  As a matter of policy, should the department make such determination or
				  commitment, the federal agency must provide to the Office of Environmental
				  Assessment information on all known projects or other actions that may affect
				  air quality or emissions in any area to which this rule is applicable,
				  regardless of whether such project or action is determined to be subject to
				  this rule under LAC 33:III.1405. The department may charge the federal agency
				  requesting such determination a reasonable fee based on the number of man-hours
				  required to perform and document the determination; or
ii. the total of direct and indirect
				  emissions from the action (or portion thereof) is determined by the department
				  to result in a level of emissions which, together with all other emissions in
				  the nonattainment (or maintenance) area, would exceed an emissions budget
				  specified in the applicable SIP and the governor or the governor's designee for
				  SIP actions makes a written commitment to EPA which includes the following:
(a). a specific schedule for adoption and
				  submittal of a SIP revision which provides that the needed emission offsets
				  would be achieved prior to the time emissions from the federal action would
				  occur;
(b). identification of
				  specific measures for incorporation into the SIP which would result in a level
				  of emissions which, together with all other emissions in the nonattainment or
				  maintenance area would not exceed any emissions budget specified in the
				  applicable SIP;
(c). a
				  demonstration that all existing applicable SIP requirements are being
				  implemented in the area for the pollutants affected by the federal action and
				  that local authority to implement additional requirements has been fully
				  pursued;
(d). a determination that
				  the responsible federal agencies have required all reasonable mitigation
				  measures associated with their action, such as mitigation measures available
				  through the SIP regulating banking of emission credits; and
(e). written documentation including all air
				  quality analyses supporting the conformity determination;
iii. where a federal agency made a conformity
				  determination based on a state commitment under Clause A.5.a.ii of this
				  Section, such a state commitment is automatically deemed a call for a SIP
				  revision by EPA under Section 110(k)(5) of the CAA, effective on the date of
				  the federal conformity determination and requiring response within 18 months or
				  any shorter time within which the state commits to revise the applicable
				  SIP;
b. the action (or
				  portion thereof), as determined by the MPO, is specifically included in a
				  current transportation plan and transportation improvement program which have
				  been found to conform to the applicable SIP under LAC 33:III.Chapter
				  14.Subchapter B, or  40 CFR Part 93, Subpart A;
c. emissions from the action (or portion
				  thereof) are fully offset within the same nonattainment or maintenance area
				  through a revision to the applicable SIP or an equally enforceable measure that
				  effects emission offsets equal to or greater than the total of direct and
				  indirect emissions from the action so that there is no net increase in
				  emissions of that pollutant;
d.
				  where EPA has not approved a revision to the relevant SIP attainment or
				  maintenance demonstration since 1990, the total of direct and indirect
				  emissions from the action for the future years [described in LAC 33:III.1411.D]
				  do not increase emissions with respect to the baseline emissions and the
				  baseline emissions:
i. reflect the historical
				  activity levels that occurred in the geographic area affected by the proposed
				  federal action during:
(a). calendar year
				  1990;
(b). the calendar year that
				  is the basis for the classification (or, where the classification is based on
				  multiple years, the year that is most representative in terms of the level of
				  activity associated with emissions), if a classification is promulgated in  40
				  CFR Part 81 ; or
(c). the year of
				  the baseline inventory in the applicable PM10
				  SIP;
ii. are the total
				  of direct and indirect emissions calculated for the future years [described in
				  LAC 33:III.1411.D] using the historic activity levels [described in Clause
				  A.5.d.i of this Section] and appropriate emission factors for the future years;
				  or
e. where the action
				  involves regional water and/or wastewater projects, such projects are sized to
				  meet only the needs of population projections that are in the applicable
				  SIP.