[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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