[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11931-11937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04065]



40 CFR Part 52

[EPA-R06-OAR-2019-0211; FRL-10005-69-Region 6]

Air Plan Approval; Louisiana; Infrastructure for the 2015 Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the EPA is 
proposing to approve elements of two State Implementation Plan (SIP) 
submittals from Louisiana for the 2015 ozone (O3) National 
Ambient Air Quality Standards (NAAQS). The submittals address how the 
existing SIP provides for the implementation, maintenance and 
enforcement of the 2015 ozone NAAQS (infrastructure SIP or i-SIP). The 
i-SIP ensures that the Louisiana SIP is adequate to meet the state's 
responsibilities under the CAA for this NAAQS.

DATES: Written comments must be received on or before March 30, 2020.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R06-
OAR-2019-0211, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Sherry Fuerst, 214-665-
6454, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at

[[Page 11932]]

www.regulations.gov and in hard copy at the EPA Region 6, 1201 Elm 
Street, Suite 500, Dallas, Texas. While all documents in the docket are 
listed in the index, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material), and some may not 
be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, 214-665-6454, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Fuerst or Mr. Bill Deese at 214-665-

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Under section 109 of the CAA, EPA establishes NAAQS to protect 
human health and public welfare. On October 26, 2015, the EPA revised 
the primary and secondary 8-hour ozone NAAQS from 0.075 ppm to 0.070 
ppm to provide increased protection of public health and the 
environment (80 FR 65291). The primary standards are set to protect 
human health, while secondary standards are set to protect public 
    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make SIP submissions to provide for the 
implementation, maintenance, and enforcement of the NAAQS. This 
particular type of SIP submission is commonly referred to as an 
``infrastructure SIP'' or ``i-SIP''. These submissions must meet the 
various requirements of CAA section 110(a)(2), as applicable. Due to 
ambiguity in some of the language of CAA section 110(a)(2), EPA 
believes that it is appropriate to interpret these provisions in the 
specific context of acting on infrastructure SIP submissions. EPA has 
previously provided comprehensive guidance on the application of these 
provisions through a guidance document for infrastructure SIP 
submissions and through regional actions on infrastructure 
submissions.\1\ We are following that existing approach in acting on 
these submissions. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for facial compliance with statutory and regulatory requirements, not 
for the state's implementation of its SIP.\2\ The EPA has other CAA 
authority to address any issues concerning a state's implementation of 
the rules, regulations, consent orders, etc. that comprise its SIP.

    \1\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013, Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Louisiana's infrastructure SIP to address the 2006 
PM2.5, 2008 Pb, 2008 O3, 2010 NO2, 
2010 SO2 and 2012 PM2.5 NAAQS (81 FR 68322, 
October 4, 2016).
    \2\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. EPA, No. 16-71933, 16-17 
(August 30, 2018) (Potential problems with actual implementation are 
``better addressed at a different time'' via specific provisions set 
forth in the Clean Air Act).

    The State of Louisiana's i-SIP certification, submitted on February 
7, 2019, and the certification submitted on November 8, 2019, intend to 
demonstrate how the existing Louisiana SIP meets the applicable CAA 
section 110(a)(2) requirements for the 2015 ozone NAAQS. Our technical 
evaluation of these submittals is provided in the Technical Support 
Document (TSD) for this action.\3\

    \3\ The TSD for this action can be accessed through 
www.regulations.gov (Docket No. EPA-R06-OAR-2019-0211).

II. The EPA's Evaluation of Louisiana's i-SIP

    The State's submissions on dated February 7, 2019 and November 8, 
2019 are intended to demonstrate how the existing Louisiana SIP meets 
the infrastructure requirements for the 2015 ozone NAAQS. The February 
7, 2019 submission addresses most elements pertaining to CAA section 
110(a)(2) requirements for the 2015 ozone NAAQS, while the November 8, 
2019 submission focuses on Section 110(a)(2)(D) requirements for the 
2015 ozone NAAQS. We are not evaluating or proposing action on portions 
of the submissions pertaining to 110(a)(2)(D)(i) as described below. As 
mentioned in the previous section, a detailed discussion of our 
evaluation can be found in the TSD for this action, accessible through 
www.regulations.gov (Docket No. EPA-R06-OAR-2019-0211). Below is a 
summary of the EPA's evaluation of the Louisiana i-SIP for each 
applicable element of 110(a)(2)(A) through (M).
    (A) Emission limits and other control measures: The CAA 
section[thinsp]110(a)(2)(A) requires the SIP to include enforceable 
emission limits and other control measures, means or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements of the Act and other related matters as needed to 
implement, maintain and enforce each of the NAAQS.\4\

    \4\ The specific nonattainment area plan requirements of CAA 
section 110(a)(2)(I) are subject to the timing requirements of CAA 
section 172, not the timing requirement of CAA section 110(a)(1). 
Thus, CAA section 110(a)(2)(A) does not require that states submit 
regulations or emissions limits specifically for attaining the 2015 
ozone NAAQS. Those SIP provisions are due as part of each state's 
attainment plan, and will be addressed separately from the 
requirements of CAA section 110(a)(2)(A). In the context of an 
infrastructure SIP, the EPA is not evaluating the existing SIP 
provisions for this purpose. Instead, the EPA is only evaluating 
whether the state's SIP has basic structural provisions for the 
implementation of the NAAQS.

    The Louisiana Air Control Law found in the Louisiana Environmental 
Quality Act at Louisiana Revised Statutes (Louisiana Revised Statutes 
30:2054 (La R.S. 30:2054)) provides the Secretary of the Louisiana 
Department of Environmental Quality (LDEQ) with broad legal authority. 
The Secretary can adopt emission standards and compliance schedules 
which are applicable to regulated entities; emission standards and 
limitations; and any other measures necessary for attainment and 
maintenance of national standards. The Secretary can also enforce 
applicable laws, regulations, standards and compliance schedules, and 
seek injunctive relief. This authority has been employed in the past to 
adopt and submit multiple revisions to the Louisiana SIP. The approved 
SIP for Louisiana is documented at 40 CFR part 52.970, Subpart T.\5\ 
LDEQ's air quality rules and standards are codified at Title 33, Part 
III of the Louisiana Administrative Code (LAC 33:III). As detailed in 
our TSD, numerous parts of the regulations codified into LAC 33:III 
necessary for implementing and enforcing the NAAQS have been adopted 
into the SIP.\6\

    \5\ http://www.ecfr.gov/cgi-bin/text-idx?SID=6e98cdf87e1b896da1b0a8cc2d2f69d6&mc=true&node=sp40.3.52.t&rgn=div6.
    \6\ See the TSD for additional information.

    The EPA is therefore proposing to find that the Louisiana SIP meets 
the requirements of section 110(a)(2)(A) of the CAA with respect to the 
2015 ozone NAAQS.
    (B) Ambient air quality monitoring/data system: Section 
110(a)(2)(B) of the CAA 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 the EPA upon request.
    La R.S. 30:2011(C)(1)(b) provides LDEQ with the authority to 
collect air quality monitoring data, quality-assure the results, and 
report the data. LAC

[[Page 11933]]

33:III.709 outlines the procedures for the measurement of 
concentrations of the NAAQS. LDEQ maintains and operates a monitoring 
network to measure levels of the pollutants in accordance with EPA 
regulations specifying siting and monitoring requirements. All 
monitoring data is measured using EPA approved methods and is subject 
to the EPA quality assurance requirements. LDEQ submits all required 
data to EPA, consistent with EPA regulations. The monitoring network 
plan was approved into the SIP and it undergoes recurrent annual review 
by EPA.\7\ In addition, LDEQ conducts a recurrent assessment of its 
monitoring network every five years, as required by EPA rules. The most 
recent of these 5-year monitoring network assessments was conducted by 
LDEQ and approved by EPA.\8\ The LDEQ website provides the monitor 
locations and posts past and current concentrations of criteria 
pollutants measured in the State's network of monitors.\9\

    \7\ A copy of the 2019 Annual Air Monitoring Network Plan and 
EPA's approval letter, October 21, 2019, are included in the docket 
for this proposed rulemaking.
    \8\ A copy of LDEQ's 2015 5-year ambient monitoring network 
assessment and EPA's approval letter, July 5, 2016, are included in 
the docket for this proposed rulemaking.
    \9\ See http://airquality.deq.louisiana.gov/.

    In summary, Louisiana meets the requirements to: Establish, 
operate, and maintain an ambient air monitoring network; collect and 
analyze the monitoring data; and make the data available to the EPA 
upon request. The EPA is proposing to find that the current Louisiana 
SIP meets the requirements of CAA section 110(a)(2)(B) with respect to 
the 2015 ozone NAAQS.
    (C) Program for enforcement of control measures: The SIP must 
include the following three elements: (1) A program providing for 
enforcement of the measures in CAA section 110(a)(2)(A); (2) a minor 
new source review (NSR) program for the regulation of new and modified 
minor stationary sources and minor modifications of new major 
stationary sources as necessary to protect the applicable NAAQS; and 
(3) a major stationary source permit program to meet the prevention of 
significant deterioration (PSD) permitting requirements of the CAA (for 
areas designated as attainment or unclassifiable for the NAAQS in 
question). Each of these elements is described in more detail in the 
TSD for this action.
    (1) Enforcement of SIP Measures. The state must provide a program 
for enforcement of the necessary control measures described in 
subparagraph (A). As noted earlier, the Louisiana Revised Statutes and 
implementing regulations in the Louisiana Administrative Code (LAC 
33:III Chapters 1, 5-7, 9, 11, 13-15 and 21-23) provide authority for 
the LDEQ, and its Secretary, to enforce the requirements of the LAC, 
and any regulations, permits, or final compliance orders. These 
Louisiana Revised Statutes and implementing regulations in the 
Louisiana Administrative Code also provide the LDEQ with general 
enforcement powers. Among other things, the La R. S. grants authority 
to the LDEQ to file lawsuits to compel compliance with the statutes and 
regulations; commence civil actions; conduct investigations of 
regulated entities; collect criminal and civil penalties; develop and 
enforce rules and standards related to protection of air quality; issue 
compliance orders; pursue criminal prosecutions; investigate, enter 
into remediation agreements; and issue emergency cease and desist 
orders. The LAC also provides additional enforcement authorities and 
funding mechanisms.
    (2) Minor New Source Review. The SIP is required to include 
measures to regulate construction and modification of minor stationary 
sources and minor modifications to major stationary sources to protect 
the NAAQS. As detailed in the TSD, the Louisiana minor NSR permitting 
requirements are approved as part of the SIP at 30 LAC Chapter 5.\10\

    \10\ In specifically approving this i-SIP element, we note that 
EPA is not opening up for action any provisions in the existing 
Louisiana minor NSR program to the extent that it may be 
inconsistent with EPA's regulations governing this program. EPA has 
maintained that the CAA does not require that new infrastructure SIP 
submissions correct any defects in existing EPA-approved provisions 
of minor NSR programs in order for EPA to approve the infrastructure 
SIP for element C (e.g., 76 FR 41076-41079, July 13, 2011). 
Louisiana submitted a SIP revision on April 20, 2011. The revision 
was acted on and approved into the SIP on August 4, 2016 (81 FR 
51341). The statutory requirements of section 110(a)(2)(C) provide 
for considerable flexibility in designing minor NSR programs.

    (3) Prevention of Significant Deterioration (PSD) permit program. 
The Louisiana PSD portion of the SIP covers all NSR regulated 
pollutants as well as the requirements for the 2015 O3 

    \11\ As discussed further in the TSD.

    Based upon review of the SIP submissions for the 2015 ozone NAAQS 
and relevant statutory and regulatory authorities and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(C) are met.
    (D) Interstate transport, and interstate and international 
pollution abatement: CAA section 110(a)(2)(D) has two primary parts; 
section 110(a)(2)(D)(i) and (ii). Section 110(a)(2)(D)(i) has four sub-
elements addressing interstate transport of emissions as described 
    Section 110(a)(2)(D)(i)(I):
    Sub-element 1 requires the SIP must prohibit emissions within 
Louisiana from contributing significantly to the nonattainment of the 
NAAQS in other states, and;
    Sub-element 2 requires the SIP prohibit emissions within Louisiana 
from interfering with the maintenance of the NAAQS in other states.
    Section 110(a)(2)(D)(i)(II):
    Sub-element 3 requires the SIP must prohibit emissions within 
Louisiana from interfering with measures required to prevent 
significant deterioration in other states and;
    Sub-element 4 requires the SIP must prohibit emissions within 
Louisiana from interfering with measures required to protect visibility 
in other states.
    CAA 110(a)(2)(D)(ii) requires that states comply with the 
requirements listed in sections 126 of the CAA which is designed to aid 
in the abatement of interstate pollution and 115 of the CAA which were 
designed to aid in the abatement of international pollution. Section 
115 authorizes the Administrator to require a state to revise its SIP 
under certain conditions to alleviate international transport into 
another country. Section 126(a) requires new or modified sources to 
notify neighboring states of potential impacts from the source. Section 
126(b) provides that any state or political subdivision may petition 
the Administrator for a finding that a major source or group of 
stationary sources emits or would emit any air pollutant in violation 
of the prohibition of section 110(a)(2)(D)(ii) after public hearing. 
CAA 126(b) and (c) could occur if (1) the Administrator has, in 
response to a petition, made a finding under section 126(b) that 
emissions from a source or sources within the air agency's jurisdiction 
emit prohibited amounts of air pollution relevant to the new or revised 
NAAQS for which the infrastructure SIP is being made; and (2) under 
section 126(c), the Administrator has required the source or sources to 
cease construction, cease or reduce operations, or comply with 
emissions limitations and compliance schedule requirements for 
continued operation.
    At this time, we are proposing approval that the SIP meets the 
requirements sub-element 3 of Section 110(a)(2)(D)(i)(I). We are also 
proposing approval that the SIP meets the

[[Page 11934]]

requirements in 110(a)(2)(D)(ii), for both the interstate and 
international pollution abatement provisions. We plan to act on the 
remaining sub-elements of Section 110(a)(2)(D)(i)(I) in separate 
    For 110(a)(2)(D)(i)(II), Louisiana has EPA-approved PSD SIP 
provisions which will limit Louisiana emissions from new major sources 
or major modifications, which will help ensure that Louisiana will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2015 ozone NAAQS in other states in the future. As we have 
approved the Louisiana comprehensive PSD program, we propose to approve 
that the current SIP meets CAA section 110(a)(2)(D)(i)(II) sub-element 
3 requirements.
    CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate 
provisions insuring compliance with the applicable requirements of 
section 126 (relating to interstate pollution abatement) and section 
115 (relating to international pollution abatement). As stated in their 
submittal, Louisiana meets the section 126 requirements as (1) they 
have a fully approved PSD SIP (81 FR 74923, October 28, 2016), which 
includes notification to neighboring air agencies of potential impacts 
from each new or modified major source, and (2) no source or sources 
have been identified by the EPA as having any interstate impacts under 
CAA section 126 in any pending action related to any air pollutant.
    There are no findings under section 115 of the CAA against 
Louisiana with respect to the 2015 ozone NAAQS.
    Based upon our review of the SIP submissions for the 2015 ozone 
NAAQS and relevant statutory and regulatory authorities and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(D)(ii) are met.
    (E) Adequate authority, resources, implementation, and oversight: 
CAA section 110(a)(2)(E) requires that the SIP provide for the 
following: (1) Necessary assurances that the state (and other entities 
within the state responsible for implementing the SIP) will have 
adequate personnel, funding, and authority under state or local law to 
implement the SIP, and that there are no legal impediments to such 
implementation; (2) compliance with requirements relating to state 
boards as required under section 128 of the CAA; and (3) necessary 
assurances that the state has responsibility for ensuring adequate 
implementation of any plan provision for which it relies on local 
governments or other entities to carry out that portion of the plan. 
Both subsections A and E of this action address the requirement that 
there is adequate authority and no legal impediments to implement and 
enforce the SIP.
    The i-SIP submissions for the 2015 ozone NAAQS describe the SIP 
regulations governing the various functions of personnel within the 
LDEQ, including the administrative, technical support, planning, 
enforcement, and permitting functions of the program.
    The duties, powers and structure of the LDEQ (described at La R.S. 
30:2011.F) provide that ``the basic personnel [* * *] shall be employed 
or provided by the department:'' and the LDEQ may contract, employ, and 
compensate such assistance on a full or part-time basis as may be 
necessary to carry out the provisions of this Subtitle. In addition, 
the State has the Environmental Trust Fund, established at La R.S. 
30:2015, which is used, in part, to ``defray the cost to the State of 
permitting, monitoring, * * * maintaining and administering the 
programs provided for under the Louisiana Environmental Quality Act.''
    There are Federal sources of funding for the implementation of the 
NAAQS, for example the CAA sections 103 and 105 provide grant funds. 
The LDEQ receives Federal funds on an annual basis, under sections 103 
and 105 of the Act, to support its air quality programs. Fees collected 
for motor vehicle inspections, non-Title V permit programs, and other 
inspections, maintenance and renewals required of other air pollution 
sources also provide necessary funds to help implement the State's air 
programs. Information on permitting fees is provided in the discussion 
for 110(a)(2)(L) below. The Secretary has the power and duty ``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.'' (La R.S. 30:2011.D.10). The SIP 
approved rule at 33 LAC Chapter 1, section 101 describes the LDEQ as 
the State's air pollution control agency and describes its enforcement 
authority, referencing the 1983 Louisiana Environmental Quality Act (54 
FR 9783, March 8, 1989).
    As required by the CAA and the SIP, the majority of the members 
that compose any board or body which approves permits or enforcement 
orders must not derive any ``significant portion'' of their income from 
persons subject to permits and enforcement orders or persons who appear 
before the board on issues related to the CAA or the Louisiana Air 
Quality Rules (La. R.S. 30:2014.1). The members of the board or body, 
or the head of an agency with similar powers, are required to 
adequately disclose any potential conflicts of interest.
    Louisiana has not delegated any authority to implement any of the 
provisions of its plan to local governmental entities. The LDEQ acts as 
the primary air pollution control agency.
    Based upon review of the SIP submissions for the 2015 ozone NAAQS 
and relevant statutory and regulatory authorities \12\ and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(E) are met.

    \12\ Cited in the TSD.

    (F) Stationary source monitoring system: CAA 
section[thinsp]110(a)(2)(F) requires that the SIP provide for the 
establishment of a system to monitor emissions from stationary sources 
and to submit periodic emission reports. Element F requires 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. The SIP 
shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources and require that 
the state correlate the source reports with emission limitations or 
standards established under the CAA. These reports must be made 
available for public inspection at reasonable times.
    LAC 33:III Chapter 9 authorizes the LDEQ to require persons engaged 
in operations which result in air pollution to monitor or test 
emissions and to file reports containing information relating to the 
nature and amount of emissions. There are also SIP approved state 
regulations pertaining to sampling and testing and requirements for 
reporting of emissions inventories (81 FR 4891 (January 28, 2016)). In 
addition, SIP approved rules establish general requirements for 
maintaining records and reporting emissions.\13\

    \13\ LAC 33:III Chapter 9 outlines the general requirements for 
maintaining records and reporting. There are also additional 
requirements provided in the rules for each emission source, for 
example Chapter 13 outlines the emission standard for Particulate 
Matter where there are additional recording keeping requirements for 
abrasive blasting. All chapters are noted in the TSD.

    The LDEQ uses this information, in addition to information obtained 
from other sources, to track progress towards maintaining the NAAQS, 

[[Page 11935]]

control and maintenance strategies, identify sources and general 
emission levels, and determine compliance with SIP approved regulations 
and additional EPA requirements. The SIP requires this information be 
made available to the public. Provisions concerning the handling of 
confidential data and proprietary business information are included in 
the SIP approved regulations. These rules specifically exclude from 
confidential treatment any records concerning the nature and amount of 
emissions reported by sources.
    Based upon review of the SIP submissions for the 2015 ozone NAAQS 
and relevant statutory and regulatory authorities and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(F) are met.
    (G) Emergency authority: CAA section[thinsp]110(a)(2)(G) requires a 
demonstration that the state has the authority to restrain any source 
from causing imminent and substantial endangerment to public health or 
welfare or the environment. The SIP must include an adequate 
contingency plan to implement such authorities as necessary.
    La R.S. 30:2011.D.15 provides LDEQ with the required authority to 
address environmental emergencies, and LDEQ has contingency plans to 
implement the emergency episode provisions in the SIP. The LDEQ 
promulgated the ``Prevention of Air Pollution Emergency Episodes,'' 
which includes contingency measures, and these provisions were approved 
into the SIP in 1989 (54 FR 9783, March 8, 1989). The episode criteria 
and contingency measures are found in LAC 33.III Chapter 56.
    Louisiana has general emergency powers to address any possible 
dangerous air pollution episode, if necessary, to protect the 
environment and public health.
    Based upon review of the infrastructure SIP submissions, the EPA is 
proposing to find that the requirements of CAA section 110(a)(2)(G) are 
    (H) Future SIP revisions: CAA section[thinsp]110(a)(2)(H) requires 
that states must have the authority to revise their SIPs in response to 
changes in the NAAQS, availability of improved methods for attaining 
the NAAQS, or in response to an EPA finding that the SIP is 
substantially inadequate to attain the NAAQS.
    La R.S. 30:2011 authorizes the LDEQ to revise the Louisiana SIP, as 
necessary, to account for revisions of an existing NAAQS, establishment 
of a new NAAQS, to attain and maintain a NAAQS, to abate air pollution, 
to adopt more effective methods of attaining a NAAQS, and to respond to 
EPA SIP calls concerning NAAQS adoption or implementation.
    Based upon review of the infrastructure SIP submissions, the EPA is 
proposing to find that the requirements of CAA section 110(a)(2)(H) are 
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that 
in the case of a plan or plan revision for areas designated as 
nonattainment areas, states must meet applicable requirements of part D 
of the CAA, relating to SIP requirements for designated nonattainment 
    The EPA does not expect infrastructure SIP submissions to address 
element I. The specific SIP submissions for designated nonattainment 
areas, as required under CAA title I, part D, are subject to different 
submission schedules than those for CAA section 110 infrastructure 
elements. Instead, the EPA will take action on part D attainment plan 
SIP submissions through a separate rulemaking process governed by the 
requirements for nonattainment areas, as described in part D.\14\

    \14\ This infrastructure SIP rulemaking will not address the 
Louisiana program for provisions related to nonattainment areas, 
since EPA considers evaluation of these provisions to be outside the 
scope of infrastructure SIP actions.

    (J) Consultation with government officials, public notification, 
PSD and visibility protection: The SIP must meet the following three 
CAA requirements: (1) Section 121, relating to interagency consultation 
regarding certain CAA requirements; (2) section 127, relating to public 
notification of NAAQS exceedances and related issues; (3) prevention of 
significant deterioration of air quality and (4) visibility protection.
    (1) Interagency consultation: As discussed in detail in the TSD, 
both the La R.S and LAC require a public hearing before the adoption of 
any regulations or emission control requirements, and all interested 
persons are given a reasonable opportunity to review the action that is 
being proposed and to submit data or arguments, either orally or in 
writing, and to examine witnesses testifying at the hearing (La R.S. 
30:2011, LAC 33:III Chapter 5). This means, among other things, that 
the SIP revision public participation requirements are met.
    In addition, the La R.S provides the LDEQ the power and duty to 
establish cooperative agreements with local authorities, and consult 
with other states, the federal government and other interested persons 
or groups in regard to matters of common interest in the field of air 
quality control (La. R.S. 30:2032). Furthermore, as found in LAC 33:III 
Chapter 5, the Louisiana PSD SIP rules mandate that the LDEQ provide 
for public participation and notification regarding permitting 
applications to any other state or local air pollution control 
agencies, local government officials of the city or county where the 
source will be located, tribal authorities, and Federal Land Manager 
(FLMs) whose lands may be affected by emissions from the source or 
modification (LAC 33:III.509). Additionally, these rules require the 
LDEQ to consult with FLMs regarding permit applications for sources 
with the potential to impact Class I Federal Areas. The SIP also 
includes a commitment to consult continually with the FLMs on the 
review and implementation of the visibility program. Louisiana works 
with the FLMs providing notification or early consultation with a new 
or modifying source prior to the submission of a permit application and 
with PSD projects. Likewise, the State's Transportation Conformity SIP 
rules (LAC 3:III Chapter 13) provide for interagency consultation, 
resolution of conflicts, and public notification.
    (2) Public Notification: On January 10, 1980, the Governor 
submitted a SIP revision to the ambient monitoring portion of the state 
implementation plan. The revision was included into the SIP on August 
6, 1981 (46 FR 40005). This portion of the SIP includes requirements 
for public notification of information related to air quality standards 
violations included in 40 CFR part 51 in order to meet the requirements 
of Section 127 of the Act, requiring LDEQ to regularly notify the 
public of instances or areas in which any NAAQS are exceeded, advise 
the public of the health hazards associated with such exceedances, and 
enhance public awareness of measures that can prevent such exceedances 
and ways in which the public can participate in efforts to improve air 
quality. In addition, as discussed for infrastructure element B above, 
the LDEQ air monitoring website provides air quality data for each of 
the monitoring stations in Louisiana; this data is provided 
instantaneously for certain pollutants, such as ozone. The website also 
provides information on the health effects of lead, ozone, particulate 
matter, and other criteria pollutants.\15\

    \15\ Louisiana's ambient air monitoring web page includes links 
to the air monitoring sites, list of monitoring sites mobile air 
monitoring lab information, guidance documents and other monitoring 
information. The page may be found: https://www.deq.louisiana.gov/page/ambient-air-monitoring-program.


[[Page 11936]]

    (3) PSD: The PSD requirements for this element are the same as 
those addressed under element (C) above. As was mentioned earlier, the 
State has a PSD program, so this requirement has been met.
    (4) Visibility Protection: The Louisiana SIP requirements relating 
to visibility and regional haze do not change when EPA establishes or 
revises a NAAQS. Therefore, EPA believes that there are no new 
visibility protection requirements for Louisiana due to the revision of 
the 2015 ozone NAAQS, and consequently there are no newly applicable 
visibility protection obligations pursuant to infrastructure element 
    Based upon review of the SIP submissions for the 2015 ozone NAAQS 
and relevant statutory and regulatory authorities and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(J) are met.
    (K) Air quality and modeling/data: Element K requires that the SIP 
provide for performing air quality modeling to predict the effects on 
ambient air quality from emissions of any NAAQS pollutant, and for 
submission of such data to the EPA upon request.
    The LDEQ has the power and duty, under La R.S. 30:2011 et seq. to 
employ or provide scientific, technical, administrative and operational 
services necessary to carry out the duties of the Department of 
Environmental Quality. The LDEQ may, by contract, secure services as it 
may deem necessary to carry out the duties of the Department of 
Environmental Quality. Past modeling and emissions reductions measures 
have been submitted by the State and approved into the SIP. 
Additionally, Louisiana has the ability to perform modeling for primary 
and secondary NAAQS as necessary consistent with their SIP approved PSD 
rules and with EPA issued guidance.
    The La R.S. authorizes and requires LDEQ to cooperate with the 
federal government and local authorities concerning matters of common 
interest in the field of air quality control, thereby allowing the 
agency to make such submissions to the EPA. LAC 33:III.509.L(1) states 
that ``all estimates of ambient concentrations required under this 
Subsection shall be based on applicable air quality models, databases, 
and other requirements specified in Appendix W of 40 CFR part 51''.
    Based upon review of the SIP submissions for the 2015 ozone NAAQS 
and relevant statutory and regulatory authorities and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(K) are met.
    (L) Permitting fees: The SIP must require each major stationary 
source to pay permitting fees to the permitting authority, as a 
condition of any permit required under CAA section 504, to cover the 
cost of reviewing and acting upon any application for such a permit, 
and, if the permit is issued, the costs of implementing and enforcing 
the terms of the permit. The fee requirement applies until a fee 
program established by the state pursuant to Title V of the CAA, 
relating to operating permits, is approved by the EPA.
    The State has met this requirement as it has a fully developed fee 
system in place which is outlined in LAC 33:III Chapter 2 and is 
approved as part of the SIP. See element (E) above for the description 
of the mandatory collection of permitting fees outlined in the SIP.
    Based upon review of the SIP submissions for the 2015 ozone NAAQS 
and relevant statutory and regulatory authorities and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(L) are met.
    (M) Consultation/participation by affected local entities: CAA 
section[thinsp]110(a)(2)(M) requires that the SIP must provide for 
consultation and participation by local political subdivisions affected 
by the SIP.
    See the discussion for element (J) above for a description of the 
SIP's public participation process, the authority to advise and 
consult, and the PSD SIP's public participation requirements. 
Additionally, the LDEQ noted that La R.S. 30:2011(D)(21) also requires 
initiation of cooperative action between local authorities and the 
LDEQ, between one local authority and another, or among any combination 
of local authorities and the LDEQ for control of air pollution in areas 
having related air pollution problems that overlap the boundaries of 
political subdivisions, and has authority to enter into agreements and 
compacts with adjoining states and Indian tribes, where appropriate. 
The transportation conformity component of the Louisiana SIP requires 
that interagency consultation and opportunity for public involvement be 
provided before making transportation conformity determinations and 
before adopting applicable SIP revisions on transportation-related 
issues. (LAC 33:III.1434).
    Based upon review of the SIP submissions for the 2015 ozone NAAQS 
and relevant statutory and regulatory authorities and provisions 
referenced in the submissions or referenced in the Louisiana SIP, the 
EPA is proposing to find that the requirements of CAA section 
110(a)(2)(M) are met.

III. Proposed Action

    The EPA is proposing to approve the February 7, 2019 submittal, and 
portions of the November 8, 2019 submittal for Louisiana pursuant to 
the requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2015 ozone NAAQS. Table 1 below outlines the specific actions the EPA 
is proposing to approve. As mentioned earlier in this action, the EPA 
is not taking action on portions of CAA section 110(a)(2)(D)(i) for 
Louisiana for the 2015 ozone NAAQS.

 Table 1--Proposed Action on Louisiana Infrastructure SIP Submittals for
         the 2015 Ozone NAAQS Under CAA Section 110(a)(2)(A)-(M)
                          Element                              2015 O3
(A): Emission limits and other control measures...........            A
(B): Ambient air quality monitoring and data system.......            A
(C)(i): Enforcement of SIP measures.......................            A
(C)(ii): PSD program for major sources and major                      A
(C)(iii): Permitting program for minor sources and minor              A
(D)(i)(I): Prohibit emissions to other states which will             NA
 (1) significantly contribute to nonattainment of the
 NAAQS, (2) interfere with maintenance of the NAAQS.......

[[Page 11937]]

(D)(i)(II): Prohibit emissions to other states which will             A
 (3) interfere with PSD requirements......................
(D)(i)(II): Prohibit emissions to other states which will            NA
 (4) interfere with visibility protection.................
(D)(ii): Interstate Pollution Abatement and International             A
 Air Pollution............................................
(E)(i): Adequate resources................................            A
(E)(ii): State boards.....................................            A
(E)(iii): Necessary assurances with respect to local                  A
(F): Stationary source monitoring system..................            A
(G): Emergency power......................................            A
(H): Future SIP revisions.................................            A
(I): Nonattainment area plan or plan revisions under part             +
(J)(i): Consultation with government officials............            A
(J)(ii): Public notification..............................            A
(J)(iii): PSD.............................................            A
(J)(iv): Visibility protection............................            +
(K): Air quality modeling and data........................            A
(L): Permitting fees......................................            A
(M): Consultation and participation by affected local                 A
Key to Table:
+--Not germane to infrastructure SIPs
NA--No action. EPA will take future action in a separate rulemaking

    Based upon our review of these infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in the State's submissions or referenced in the Louisiana SIP, the EPA 
finds that Louisiana has the infrastructure in place to address 
required elements of CAA sections 110(a)(2)(A)-(C), (D)(i)(II) sub-
element 3, (D)(ii)-(H), and (J)-(M) to ensure that the 2015 ozone NAAQS 
is implemented throughout the State of Louisiana.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve SIP 
submissions that comply with provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, 
Incorporation by reference, Reporting and recordkeeping requirements.

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

    Dated: February 24, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-04065 Filed 2-27-20; 8:45 am]