[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Proposed Rules]
[Pages 10509-10511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02894]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0604; FRL-10017-37-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Louisiana; Infrastructure State Implementation Plan Requirements for
the National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is proposing to approve the State
Implementation Plan (SIP) submittal from Louisiana submitted on
November 4, 2020 for the 2015 ozone (O3), 2006 PM2.5, 2008
ozone, 2010 nitrogen dioxide, 2010 sulfur dioxide and the 2012
PM2.5 National Ambient Air Quality Standards (NAAQS). This
submittal addresses how the existing SIP contains adequate provisions
prohibiting emissions which interfere with required measures in any
other State to protect visibility with respect to the 2015 ozone NAAQS
as well as the 2006 PM2.5, 2008 ozone, 2010 nitrogen
dioxide, 2010 sulfur dioxide and the 2012 PM2.5 NAAQS.
DATES: Written comments must be received on or before March 24, 2021.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0604, at https://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 Jennifer Huser, (214)
665-7347, [email protected]. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Jennifer Huser, EPA Region 6 Office,
Air and Radiation Division--State Planning and Implementation Branch,
1201 Elm Street, Suite 500, Dallas, TX 75270, 214-665-7347,
[email protected]. Out of an abundance of caution for members of
the public and our staff, the EPA Region 6 office will be closed to the
public to reduce the risk of transmitting COVID-19. We encourage the
public to submit comments via https://www.regulations.gov, as there
will be a delay in processing mail and no courier or hand deliveries
will be accepted. Please call or email the contact listed above if you
need alternative access to material indexed but not provided in the
docket.
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 public
welfare.\1\ In 2006, the EPA revised the PM2.5 NAAQS,\2\ in
2008, the ozone NAAQS,\3\ in 2010, the nitrogen dioxide NAAQS,\4\ in
2010, the sulfur dioxide NAAQS,\5\ and in 2012, the PM2.5
NAAQS.\6\ The primary standards are set to protect human health, while
secondary standards are set to protect public welfare.
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\1\ 80 FR 65291 (October 26, 2015).
\2\ 71 FR 61144 (October 17, 2006).
\3\ 73 FR 16483 (March 27, 2008).
\4\ 75 FR 6474 (February 9, 1010).
\5\ 75 FR 35520 (June 22, 2010).
\6\ 78 FR 3085 (January 15, 2013).
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The CAA requires states to submit, within 3 years after
promulgation of a new or revised NAAQS, SIPs that meet the applicable
infrastructure elements of sections 110(a)(1) and (2). This SIP
submission is commonly referred to as an ``infrastructure SIP'' or ``i-
SIP''. Section 110(a)(2)(D)(i) includes four distinct components,
commonly referred to as prongs, that must be addressed in these
infrastructure SIP submissions. These prongs require that states adopt
measures that prohibit certain adverse air quality effects on
neighboring states due to interstate transport of pollution. Prong 4
requires states to demonstrate that their SIP contains adequate
measures that prohibit emissions from any source within a state from
interfering with the visibility protection measures of other states
(also referred to as visibility transport).
In EPA's 2013 guidance for states regarding i-SIPs,\7\ EPA
discussed its interpretation of Prong 4 and its relationship to the
Regional Haze program under CAA sections 169A and 169B. EPA suggested
two options states may have to demonstrate that the requirements of
Prong 4 are met. One way in which Prong 4 may be satisfied for any
relevant NAAQS is through confirmation in its infrastructure SIP
submission that it has an approved regional haze SIP that fully meets
the requirements of 40 CFR 51.308 or 51.309. Alternatively, states may
submit a demonstration in its infrastructure SIP submission that shows
that emissions within its jurisdiction do not interfere with other
states' plans to protect visibility. The demonstration must show that
the state has sufficient measures that have been approved into its SIP
that prevent emissions within its jurisdiction from interfering with
the visibility protection plans of other states.
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\7\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Section 110(a)(1) and
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1
through 10, September 13, 2013 (hereinafter ``2013 I-SIP
Guidance'').
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[[Page 10510]]
A. Louisiana's Infrastructure SIP Submittals for 2006 PM2.5,
2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide and the 2012
PM2.5 National Ambient Air Quality Standards (NAAQS)
Louisiana made the following submissions to EPA to satisfy the i-
SIP requirements: 2006 PM2.5 NAAQS, on May 11, 2011; 2008
O3, 2010 NO2, 2010 SO2 NAAQS on June
7, 2013 and the 2012 PM2.5 NAAQS on December 16, 2015.\8\ In
an October 2016 action, we disapproved the portions of theses
submissions which addressed Prong 4 and approved the other portions
which address the other elements found in section 110(a)(2).\9\ We
disapproved Prong 4 for these specific NAAQS, because the state did not
have a fully approved Regional Haze SIP at the time of submittal, nor
did the state provide a demonstration which shows that they have met
the Prong 4 requirement.
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\8\ These i-SIP submittals are available on regulations.gov in
docket number EPA-R06-OAR-2013-0465.
\9\ 81 FR 68322 (October 4, 2016).
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B. Regional Haze and Visibility Transport in Louisiana
On June 13, 2008, Louisiana submitted a SIP to EPA, which addressed
the regional haze requirements. EPA acted upon this SIP in two separate
actions. The first was a limited disapproval for best available
retrofit technology (BART) determinations for electric generating units
(EGUs) as there were deficiencies in the SIP arising from the remand by
the US Court of Appeals for the District of Columbia of the Clean Air
Interstate Rule (CAIR).\10\ The second action was a partial limited
approval/partial disapproval; EPA found that the revision met some, but
not all of the applicable requirements.\11\ EPA granted a partial
limited approval of the LA Regional Haze (RH) SIP submittal for meeting
the requirements of: 51.308(d), for the core requirements for regional
haze SIPs, except for the requirements of 51.308(d)(3); 51.308(f), for
the commitment to submit comprehensive periodic revisions of regional
haze SIPs; 51.308(g), for the commitment to submit periodic reports
describing progress towards the reasonable progress goals (RPGs);
51.308(h), for the commitment to conduct periodic determinations of the
adequacy of the existing regional haze SIP; and 51.308(i), for
coordination with state and Federal Land Managers.\12\ In that action,
the EPA also partially disapproved the LA RH SIP submittal because it
did not include fully approvable measures for meeting the requirements
of 40 CFR 51.308(d)(3), long-term strategy for regional haze as it
relied on deficient non-EGU BART analyses; and 51.308(e), BART
requirements for regional haze visibility impairment with respect to
emissions of visibility impairing pollutants from four non-EGUs.
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\10\ 77 FR 33642 (June 7, 2012).
\11\ 77 FR 39425 (July 3, 2012).
\12\ 77 FR 39425 (July 3, 2012).
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In response to EPA's partial disapproval and limited disapproval of
the original regional haze submittal, Louisiana performed BART
determinations for both electric generating units (EGUs) and other
facilities (non-EGUs). On August 11, 2016, Louisiana submitted a SIP
revision to address the deficiencies related to BART for the non-EGU
facilities. EPA proposed approval of this submittal on October 27,
2016.\13\ On February 10, 2017, Louisiana submitted a SIP revision
intended to address the deficiencies related to BART for EGU sources.
On May 19, 2017, EPA proposed approval of that revision with the
exception of the portion related to a coal-burning facility in
Calcasieu Parish.\14\ On June 20, 2017, and in a subsequent revision on
October 26, 2017, Louisiana submitted a SIP revision for parallel
processing related to the EGU in Calcasieu Parish. On September 25,
2017, EPA proposed approval on this SIP revision.\15\ On December 21,
2017, EPA published final approval of these SIP revisions addressing
the BART requirements for these facilities. This SIP approval
determined that Louisiana has met all applicable regional haze
requirements as set forth in sections 169A and 169B of the CAA and 40
CFR 51.300-308.\16\
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\13\ 81 FR 74750 (August 16, 2016).
\14\ 82 FR 22936 (May 19, 2017).
\15\ 82 FR 44753 (September 26, 2017).
\16\ 82 FR 60520 (December 21, 2017).
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II. Louisiana's Visibility Transport Submittal
On November 4, 2020, LDEQ submitted a SIP revision to EPA in order
to satisfy the visibility transport requirements for the following
NAAQS: 2015 ozone, 2006 particulate matter (PM2.5), 2008
ozone, 2010 nitrogen dioxide, 2010 sulfur dioxide, and the 2012
particulate matter (PM2.5). Louisiana determined that they
have met the Prong 4 requirements for the 2015 ozone NAAQS. Louisiana's
submittal also addresses the Prong 4 requirements that were previously
disapproved for the 2006 PM2.5, 2008 ozone, 2010 nitrogen
dioxide, 2010 sulfur dioxide and the 2012 PM2.5 NAAQS.
Louisiana did not have a fully approved Regional Haze SIP at the time
of the disapproval action. The SIP revision contains the state's
Regional Haze SIP history: Louisiana submitted their first regional
haze SIP to EPA on June 13, 2008, and after multiple SIP revisions, EPA
approved their Regional Haze SIP on December 21, 2017.\17\ Based on the
full approval of their Regional Haze SIP, Louisiana has determined that
they now meet the Prong 4 requirements for visibility transport for the
2015 Ozone NAAQS. Louisiana has also determined that they now meet the
Prong 4 requirements for the 2006 PM2.5, 2008 ozone, 2010
nitrogen dioxide, 2010 sulfur dioxide and the 2012 PM2.5
NAAQS, which we previously disapproved.
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\17\ 82 FR 60520 (December 21, 2017).
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III. The EPA's Evaluation of Louisiana's i-SIP
Under section 110(a)(2)(D)(i)(II), an infrastructure SIP submission
cannot be approved with respect to Prong 4 (visibility transport) until
the EPA has issued final approval of SIP provisions that the EPA has
found to adequately address any contribution of that state's sources to
impacts on visibility program requirements in other states. The EPA
interprets this prong to be pollutant-specific, such that the
infrastructure SIP submission need only address the potential for
interference with protection of visibility caused by the pollutant
(including precursors) to which the new or revised NAAQS applies.
One way in which Prong 4 may be satisfied is through an air
agency's confirmation in its infrastructure SIP submission that it has
an approved regional haze SIP that fully meets the requirements of 40
CFR 51.308 or 51.309. 40 CFR 51.308 and 51.309 specifically require
that a state participating in a regional planning process include all
measures needed to achieve its apportionment of emission reduction
obligations agreed upon through that process. See 40 CFR
51.308(d)(3)(ii). Thus, a fully approved regional haze SIP will ensure
that emissions from sources under an air agency's jurisdiction are not
interfering with measures required to be included in other air
agencies' plans to protect visibility.
The last remaining elements of Louisiana's Regional Haze SIP were
approved by EPA on December 21, 2017.\18\ Accordingly, EPA proposes to
find that Louisiana meets the visibility protection requirements of
[[Page 10511]]
110(a)(2)(D)(i)(II) for the 2015 ozone, 2006 PM2.5, 2008
ozone, 2010 nitrogen dioxide, 2010 sulfur dioxide and the 2012
PM2.5 NAAQS.
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\18\ 82 FR 60520 (December 21, 2017).
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IV. Proposed Action
The EPA is proposing to approve the SIP revision submitted on
November 4, 2020 which addresses the Prong 4 requirements for the
following NAAQS: 2015 Ozone, 2006 PM2.5, 2008 Ozone, 2010
Nitrogen dioxide, 2010 Sulfur Dioxide, and the 2012 PM2.5 as
Louisiana now has a fully approved Regional Haze SIP.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-02894 Filed 2-19-21; 8:45 am]
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