[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Proposed Rules]
[Pages 43760-43764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15422]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0688; FRL-9955-01-R6]
Air Approval Plans; Louisiana; Repeal of Excess Emissions Related
Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA, the Act), the
Environmental Protection Agency (EPA) is proposing to approve a State
Implementation Plan (SIP) revision submitted by the State of Louisiana,
through the Louisiana Department of Environmental Quality (LDEQ), on
November 20, 2016. The submittal is in response to the EPA's national
SIP call of June 12, 2015, concerning excess emissions during periods
of Startup, Shutdown, and Malfunction (SSM). The submittal requests the
removal of certain provisions identified in the 2015 SIP call from the
Louisiana SIP. EPA is also proposing to determine that the removal of
the substantially inadequate provisions from the SIP corrects certain
deficiencies identified in the June 12, 2015 SIP call.
DATES: Comments must be received on or before August 22, 2022.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0688 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. 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. EPA will generally not
consider comments or comment contents located outside of the primary
[[Page 43761]]
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. Alan Shar, (214) 665-
6691, [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 and in hard copy at the EPA
Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas 75270. 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: Mr. Alan Shar, Regional Haze and
SO2 Section, EPA Region 6 Office, 1201 Elm Street, Suite
500, Dallas, Texas 75270, (214) 665-6691, [email protected]. Out of an
abundance of caution for members of the public and our staff, the EPA
Region 6 office may 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 ``we,'' ``us,'' and
``our'' means the EPA.
Table of Contents
I. Background
A. EPA's 2015 SSM SIP Action
B. Louisiana's Provisions Related to Excess Emissions
II. Analysis of SIP Submission
A. Removal of LAC 33:III.1507(A) and LAC 33:III.1507(B)
Exemptions
B. Removal of LAC 33:III.1107(A) Exemption
C. Removal of LAC 33:III.2153(B)(1)(i) Exemption
D. Removal of LAC 33:III.2307(C)(1)(a) and LAC
33:III.2307(C)(2)(a) Exemptions
III. Proposed Action
IV. Incorporation by Reference
V. Environmental Justice Considerations
VI. Statutory and Executive Orders Reviews
I. Background
A. EPA's 2015 SSM SIP Action
On February 22, 2013, the EPA issued a Federal Register notice of
proposed rulemaking outlining EPA's policy at the time with respect to
SIP provisions related to periods of SSM. EPA analyzed specific SSM SIP
provisions and explained how each one either did or did not comply with
the CAA with regard to excess emission events.\1\ For each SIP
provision that the EPA determined to be inconsistent with the CAA, the
EPA proposed to find that the existing SIP provision was substantially
inadequate to meet CAA requirements and thus proposed to issue a SIP
call under CAA section 110(k)(5). On September 17, 2014, the EPA issued
a document supplementing and revising what the Agency had previously
proposed on February 22, 2013, in light of a D.C. Circuit decision that
determined the CAA precludes authority of the EPA to create affirmative
defense provisions. EPA outlined its updated policy that affirmative
defense SIP provisions are not consistent with CAA requirements. EPA
proposed in the supplemental proposal document to apply its revised
interpretation of the CAA to specific affirmative defense SIP
provisions and proposed SIP calls for those provisions where
appropriate (79 FR 55920, September 17, 2014).
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\1\ State Implementation Plans: Response to Petition for
Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To
Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, (78 FR 12460) Feb. 22, 2013.
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On June 12, 2015, pursuant to CAA section 110(k)(5), the EPA
finalized ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' (80 FR 33839 June 12, 2015), hereafter
referred to as the ``2015 SSM SIP Action.'' The 2015 SSM SIP Action
clarified, restated, and updated the EPA's interpretation that SSM
exemption and affirmative defense SIP provisions are inconsistent with
CAA requirements. The 2015 SSM SIP Action found that certain SIP
provisions in 36 states were substantially inadequate to meet CAA
requirements and issued a SIP call to those states to submit SIP
revisions to address the inadequacies. EPA established an 18-month
deadline by which the affected states had to submit such SIP revisions.
States were required to submit corrective revisions to their SIPs in
response to the SIP calls by November 22, 2016.
EPA issued a Memorandum in October 2020 (2020 Memorandum), which
stated that certain provisions governing SSM periods in SIPs could be
viewed as consistent with CAA requirements.\2\ Importantly, the 2020
Memorandum stated that it ``did not alter in any way the determinations
made in the 2015 SSM SIP Action that identified specific state SIP
provisions that were substantially inadequate to meet the requirements
of the Act.'' Accordingly, the 2020 Memorandum had no direct impact on
the SIP call issued to Louisiana in 2015. The 2020 Memorandum did,
however, indicate the EPA's intent at the time to review SIP calls that
were issued in the 2015 SSM SIP Action to determine whether the EPA
should maintain, modify, or withdraw particular SIP calls through
future agency actions.
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\2\ October 9, 2020, Memorandum ``Inclusion of Provisions
Governing Periods of Startup, Shutdown, and Malfunctions in State
Implementation Plans,'' from Andrew R. Wheeler, Administrator.
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On September 30, 2021, EPA's Deputy Administrator withdrew the 2020
Memorandum and announced EPA's return to the policy articulated in the
2015 SSM SIP Action (2021 Memorandum).\3\ As articulated in the 2021
Memorandum, SIP provisions that contain exemptions or affirmative
defense provisions are not consistent with CAA requirements and,
therefore, generally are not approvable if contained in a SIP
submission. This policy approach is intended to ensure that all
communities and populations, including overburdened communities,
receive the full health and environmental protections provided by the
CAA.\4\ The 2021 Memorandum also retracted the prior statement from the
2020 Memorandum of EPA's plans to review and potentially modify or
withdraw particular SIP calls. That statement no longer reflects the
EPA's intent. EPA intends to implement the principles laid out in the
2015 SSM SIP Action as the agency takes action on SIP submissions,
including Louisiana's SIP submittal provided in response to the 2015
SIP call.
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\3\ September 30, 2021, Memorandum ``Withdrawal of the October
9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions
in State Implementation Plans and Implementation of the Prior
Policy,'' from Janet McCabe, Deputy Administrator.
\4\ Section J, June 12, 2015 (80 FR 33985).
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B. Louisiana's Provisions Related to Excess Emissions
As a part of EPA's June 12, 2015 SSM SIP Action, EPA made a finding
that certain provisions in the Louisiana SIP are substantially
inadequate to meet CAA requirements because they contain exemptions
from otherwise applicable SIP emission limitations, and thus
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issued a SIP call \5\ with respect to these provisions. The SIP-called
provisions included the following sections of the Louisiana
Administrative Code (LAC), Title 33, Part III air rules that had been
previously approved into the Louisiana SIP: 33:III.2153(B)(1)(i), LAC
33:III.2201(C)(8), LAC 33:III.1107(A), LAC 33:III.1507(A)(1), LAC
33:III.1507(B)(1), LAC 33:III.2307(C)(1)(a) and LAC
33:III.2307(C)(2)(a).
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\5\ CAA section 110(k)(5).
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On October 20, 2016, LDEQ repealed LAC 33:III.2153(B)(1)(i), LAC
33:III.1107(A), LAC 33:III.1507(A)(1), LAC 33:III.1507(B)(1), LAC
33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a) from State law. Then
by letter dated November 22, 2016, LDEQ requested the removal of the
aforementioned provisions from the Louisiana SIP, in response to EPA's
2015 SSM SIP Action.\6\
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\6\ On June 9, 2017, LDEQ submitted a SIP revision related to
LAC 33:III.2201(C)(8); however, we are not proposing to act on that
SIP submittal at this time. We intend to take action on the
revisions to LAC 33:III.2201(C)(8) separately in a future rulemaking
action.
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II. Analysis of SIP Submission
A. Removal of LAC 33:III.1507(A) and LAC 33:III.1507(B) Exemptions
LAC 33:III.1507(A) and LAC 33:III.1507(B) were approved by the EPA
into the Louisiana SIP on July 15, 1993 (80 FR 33975-6). These
provisions apply to sulfuric acid plants not subject to the
requirements in 40 CFR 60.82 and 60.83 of 40 CFR part 60, subpart H.
LAC 33:III.1507(A) states that ``a four-hour (continuous) start-up
exemption from the SO2 and sulfuric acid mist emission
limitations of LAC 33:III.1503(A) will be authorized by the
administrative authority for facilities not subject to 40 CFR 60.82 and
60.83.'' \7\ LAC 33:III.1507(B) provides a similar exemption from the
SO2 and sulfuric acid mist emission limitations in LAC
33:III.1503(A) ``where upsets have caused excessive emissions and on-
line operating changes will eliminate a temporary condition.'' \8\ In
its November 22, 2016 SIP submittal, LDEQ reports that no sulfuric acid
plants are eligible for the aforementioned exemptions because 40 CFR
part 60, subpart H (Standards of Performance for Sulfuric Acid Plants)
applies to every sulfuric acid plant located within the State. If EPA
approves the removal of these repealed provisions from the SIP, all
sulfuric acid plants in Louisiana will be subject to the emission
limitations in LAC 33:III.1503(A) of the Louisiana SIP and no longer be
able to use the two exemptions that were provided by LAC 33:III.1507(A)
and LAC 33:III.1507(B).\9\ Furthermore, the removal of these two
exemptions from the Louisiana SIP will not result in any emission
increases and will not interfere with the attainment of the National
Ambient Air Quality Standards (NAAQS), reasonable further progress, or
any other requirement of the CAA. Therefore, the proposed approval to
remove LAC 33:III.1507(A) and LAC 33:III.1507.B from the Louisiana SIP
is consistent with the requirements of CAA sections 110(l) and 193.
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\7\ EPA issued a SIP call for LAC 33:III.1507(A)(1) on June 12,
2015 (80 FR 33967). However, LDEQ's November 22, 2016 SIP submittal
requests removal of LAC 33:III.1507(A) (comprised of (A)(1) and
(A)(2)) from the Louisiana SIP. LAC 33:III.1507(A)(2) states,
``[t]his provision is applicable to infrequent start-ups only.
Before the exemption can be granted the administrative authority
must determine the excess emissions were not the result of failure
to maintain or repair equipment. In addition, the duration of excess
emission must be minimized and no ambient air quality standard may
be jeopardized.'' LAC 33:III.1507(A)(2) and LAC 33:III.1507(A)(1)
are interrelated and the EPA is proposing to approve LDEQ's request
to remove both provisions--LAC 33:III.1507(A)(1) and (A)(2)--from
the Louisiana SIP.
\8\ EPA issued a SIP call for LAC 33:III.1507(B)(1) on June 12,
2015 (80 FR 33967). However, LDEQ's November 22, 2016 SIP submittal
requests removal of LAC 33:III.1507(B) (comprised of (B)(1) and
(B)(2)) from the Louisiana SIP. LAC 33:III.1507(B)(2) states,
``[t]his provision is applicable to infrequent on-line adjustments
only. Before the exemption can be granted the administrative
authority must determine the excess emissions were not the result of
failure to maintain or repair equipment. In addition, the duration
of excess emissions must be minimized and no ambient air quality
standard may be jeopardized.'' LAC 33:III.1507(B)(2) and LAC
33:III.1507(B)(1) are interrelated and the EPA is proposing to
approve LDEQ's request to remove both provisions--LAC
33:III.1507(B)(1) and (B)(2)--from the Louisiana SIP.
\9\ As noted earlier, LDEQ repealed the exemptions in LAC
33:III.1507(A) and LAC 33:III.1507(B) as a matter of state law on
October 20, 2016.
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B. Removal of LAC 33:III.1107(A) Exemption
LAC 33:III.1107(A) was originally approved by the EPA into the
Louisiana SIP on March 8, 1989 (54 FR 9795), and later codified on July
5, 2011 (76 FR 38977). LAC 33:III.1107(A) allows LDEQ to grant an
exemption from the provisions of LAC 33:III.1105 (establishing a 20%
opacity limit during certain flaring events) ``during start-up and
shutdown periods if the flaring was not the result of failure to
maintain or repair equipment.'' If EPA approves the removal of these
repealed provisions from the SIP, sources with flaring events covered
by LAC 33:III.1105 will no longer be able to use the exemption that had
been provided by LAC 33:III.1107(A).\10\ Furthermore, the removal of
this exemption from the Louisiana SIP will not result in any emission
increases and will not interfere with the attainment of the NAAQS,
reasonable further progress, or any other requirement of the CAA.
Therefore, the proposed approval to remove LAC 33:III.1107(A) from the
Louisiana SIP is consistent with the requirements of CAA sections
110(l) and 193.
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\10\ As noted earlier, LDEQ repealed the exemption in LAC
33:III.1107(A) as a matter of state law on October 20, 2016.
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C. Removal of LAC 33:III.2153(B)(1)(i) Exemption
LAC 33:III.2153(B)(1)(i) was originally approved by the EPA into
the Louisiana SIP on June 20, 2002 (67 FR 41840), and later codified on
July 5, 2011 (76 FR 38977). LAC 33:III.2153 (limiting volatile organic
compound (VOC) emissions from industrial wastewater) requires
``affected VOC wastewater streams'' to be controlled. More
specifically, LAC 33:III.2153(B)(1)(d)(i) requires vents on covers and
on certain junction boxes to be ``equipped with either a control device
or a vapor recovery system that maintains a minimum control efficiency
of 90 percent VOC removal or a VOC concentration of less than or equal
to 50 parts per million by volume.'' LAC 33:III.2153(B)(1)(i) provides
that the requisite control device or recovery device is ``not . . .
required to meet the 90 percent removal efficiency or 50 parts per
million volume basis concentration during periods of malfunction or
maintenance on the devices for periods not to exceed 336 hours per
year.'' If EPA approves the removal of these repealed provisions from
the SIP, sources with affected VOC wastewater streams subject to LAC
33:III.2153 will no longer be able to use the exemption that had been
provided by LAC 33:III.2153(b)(1)(i).\11\ Furthermore, the removal of
this exemption from the Louisiana SIP will not result in any emission
increases and will not interfere with the attainment of the NAAQS,
reasonable further progress, or any other requirement of the CAA.
Therefore, the proposed approval to remove LAC 33:III.2153(B)(1)(i)
from the Louisiana SIP is consistent with the requirements of CAA
sections 110(l) and 193.
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\11\ As noted earlier, LDEQ repealed the exemption in LAC
33:III.2153(B)(1)(i) as a matter of state law on October 20, 2016.
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D. Removal of LAC 33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a)
Exemptions
LAC 33:III.2307(C)(1)(a) and LAC33:III.2307(C)(2)(a) were
originally approved by the EPA into the Louisiana SIP on March 8, 1989
(54 FR 9795), and later codified on July 5, 2011 (76 FR 38977). LAC
33:III.2307(C) applies to nitric acid plants that are not subject to 40
CFR part 60, subpart G (Standards of Performance for Nitric Acid
Plants). LAC 33:III.2307(C)(1)(a) provides a four-hour start-up
exemption from the NOX emission limitation of LAC
33:III.2307(D), while LAC 33:III.2307(C)(2)(a) provides a similar
exemption where upsets have caused excessive emissions and on-line
operating changes will eliminate a temporary condition. If EPA approves
the removal of these repealed provisions from the SIP, nitric acid
plants subject to the NOX emission limitation of LAC
III.2307(D) will no longer be able to use the exemptions that had been
provided by LAC 33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a).\12\
Furthermore, the removal of this exemption from the Louisiana SIP will
not result in any emission increases and will not interfere with the
attainment of the NAAQS, reasonable further progress, or any other
requirement of the CAA. Therefore, the proposed approval to remove LAC
33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a) from the Louisiana
SIP is consistent with the requirements of CAA sections 110(l) and 193.
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\12\ As noted earlier, LDEQ repealed the exemptions in LAC
33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a) as a matter of
state law on October 20, 2016. In its November 22, 2016 SIP
submittal, LDEQ notes that it identified only one nitric acid plant
not subject to 40 CFR part 60, subpart G--namely, the Nitric Acid
Train 4 (NNA4-1, EQT 0007) located at PCS Nitrogen Fertilizer's
(PCS's) Geismar Agricultural Nitrogen & Phosphate Plant (Agency
Interest No. 3732). LDEQ also noted that a Consent Decree between
EPA, LDEQ, and PCS (Civil Action No. 14-707-BAJ-SCR), entered
February 26, 2014, required PCS to install NOX control
equipment (i.e., selective catalytic reduction, or SCR) on Nitric
Acid Train 4, and therefore the exemptions provided by LAC
33:III.2307(C) are no longer needed.
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III. Proposed Action
The EPA is proposing to approve a revision to the Louisiana SIP
submitted by LDEQ on November 22, 2016, in response to EPA's national
SIP call of June 12, 2015 concerning excess emissions during periods of
SSM. We are proposing to approve the removal of LAC 33:III.1107(A), LAC
33:III.1507(A), LAC 33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC
33:III.2307(C)(1)(a), and LAC 33:III.2307(C)(2)(a) from the Louisiana
SIP in accordance with section 110 of the Act. The EPA is further
proposing to determine that this SIP revision corrects the deficiencies
identified in the June 12, 2015 SIP call related to the above-
referenced provisions. EPA is not reopening the 2015 SSM SIP Action and
is only taking comment on whether the proposed SIP revision is
consistent with CAA requirements and whether it address the substantial
inadequacies in the specific Louisiana SIP provisions identified in the
2015 SSM SIP Action.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to Louisiana's regulations, as described in the
Proposed Action section above. The EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and in hard copy at the EPA Region 6 office.
V. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \13\ EPA is providing
additional analysis of environmental justice associated with this
action for the purpose of providing information to the public.
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\13\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
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EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within
Louisiana.\14\ The EPA then compared the data to the national average
for each of the demographic groups.\15\ The results of the demographic
analysis indicate that, for populations within Louisiana, the percent
people of color (persons who reported their race as a category other
than White alone (not Hispanic or Latino)) is similar to the national
average (41.6 percent of Louisiana's population compared to 39.9
percent nationally). The percent of persons who reported their race as
Black or African American alone is significantly higher than the
national average (32.8 percent versus 13.4 percent). The percentage of
Louisiana's population living in poverty is 17.8 percent, which is
higher than the national average of 11.4 percent. The percent of people
over 25 with a high school diploma in Louisiana is similar to the
national average (85.9 percent versus 88.5 percent), while the percent
with a Bachelor's degree or higher is lower than the national average
(24.9 percent versus 32.9 percent).
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\14\ See the United States Census Bureau's QuickFacts on
Louisiana at https://www.census.gov/quickfacts/fact/table/LA,US/PST045221.
\15\ Id.
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Communities in close proximity to industrial sources may be subject
to disproportionate environmental impacts of excess emissions. Short-
and/or long-term exposure to air pollution has been associated with a
wide range of human health effects including increased respiratory
symptoms, hospitalization for heart or lung diseases, and even
premature death.\16\ Excess emissions during startups, shutdowns, and
malfunctions can be considerably higher than emissions under normal
steady-state operations. As to all population groups within Louisiana,
as explained below, we believe that this proposed action will be
beneficial and may reduce impacts. Exemptions for excess emissions
during periods of SSM undermine the ability of the SIP to attain and
maintain the NAAQS, to protect Prevention of Significant Deterioration
increments, to improve visibility and to meet other CAA requirements.
Such exemption provisions have the potential to lessen the incentive
for development of control strategies that are effective at reducing
emissions during certain modes of sources' operations such as startups
and shutdowns or to take prompt steps to rectify malfunctions. Removal
of these exemption provisions from the
[[Page 43764]]
Louisiana SIP will bring the treatment of excess emissions in the SIP
into line with CAA requirements; thus, sources in the State will no
longer be able to use the repealed exemptions and will have greater
incentives to control their air emissions. This proposed action is
intended to ensure that all communities and populations across
Louisiana and downwind areas, including overburdened communities,
receive the full human health and environmental protection provided by
the CAA. We believe that this rule, if finalized, will not have
disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
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\16\ https://www.epa.gov/air-quality-management-process/managing-air-quality-human-health-environmental-and-economic#what
(URL dated 03/16/2022).
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VI. Statutory and Executive Order Reviews
Under the Act, 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, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. 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 Order
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 Act; 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, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Particulate matter, Sulfur dioxide, Reporting
and recordkeeping requirements, Volatile organic compounds.
(Authority: 42 U.S.C. 7401 et seq.)
Dated: July 13, 2022.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2022-15422 Filed 7-21-22; 8:45 am]
BILLING CODE 6560-50-P