80 FR 50240 - Approval and Promulgation of Implementation Plans; Louisiana; Major Source Permitting State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range50240-50248
FR Document2015-20504

The Environmental Protection Agency (EPA) is proposing to approve portions of revisions to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted by the State of Louisiana designee. These revisions are updates to the Prevention of Significant Deterioration (PSD) and Nonattainment NSR (NNSR) permit programs.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Proposed Rules]
[Pages 50240-50248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0131; FRL-9930-17-Region-6]


Approval and Promulgation of Implementation Plans; Louisiana; 
Major Source Permitting State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of revisions to the Louisiana New Source Review (NSR) 
State Implementation Plan (SIP) submitted by the State of Louisiana 
designee. These revisions are updates to the Prevention of Significant 
Deterioration (PSD) and Nonattainment NSR (NNSR) permit programs.

DATES: Written comments must be received on or before September 18, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0131, by one of the following methods:
     http://www.regulations.gov. Follow the online 
instructions.
     Email: Stephanie Kordzi at [email protected].
     Mail or delivery: Stephanie Kordzi, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0131. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you

[[Page 50241]]

believe that it is CBI or otherwise protected from disclosure. The 
http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means that the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment along with any disk or 
CD-ROM submitted. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters and any form of encryption and should be free of 
any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, 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). 
To inspect the hard copy materials, please schedule an appointment with 
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph 
below or Bill Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Stephanie Kordzi, Telephone (214) 665-
7520, email at [email protected].

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

Table of Contents

I. Summary of State SIP Submittals for Chapters 5 and 6 Air Permits 
Program
    A. July 25, 1997, Submittal
    B. June 22, 1998, Submittal
    C. February 2, 2000, Submittal
    D. January 27, 2003, Submittal
    E. June 15, 2005, Submittal
    F. December 20, 2005, Submittal
    G. May 5, 2006, Submittal
    H. July 20, 2007, Submittal
    I. November 9, 2007, Submittal
    J. August 14, 2009, Submittal
    K. May 16, 2011, Submittal
    L. February 27, 2013, Submittal
II. Evaluation
    A. Revisions to the NNSR and PSD Air Permit Procedures
    B. Revisions to the NNSR and PSD Programs for the NSR Reform 
Rule
    C. LDEQ's Clarification Letter
    D. Revisions to the NNSR and PSD Programs for PM2.5 
Implementation
    E. Emission Reduction Credits (ERC) Banking Revisions
    F. Does the proposed approval of the Louisiana Air Permit 
Procedure Revisions or ERC Banking Revisions interfere with 
attainment, reasonable further progress, or any other applicable 
requirement of the Act?
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Summary of State SIP Submittals for Chapters 5 and 6 Air Permits 
Program

    The Clean Air Act at section 110(a)(2)(C) requires states to 
develop and submit to the EPA for approval into the state SIP, 
preconstruction review programs applicable to new and modified 
stationary sources of air pollutants for attainment and nonattainment 
areas that cover both major and minor new sources and modifications, 
collectively referred to as the NSR SIP. The CAA NSR SIP program is 
composed of three separate programs: PSD, NNSR, and Minor NSR. PSD is 
established in part C of title I of the CAA and applies in areas that 
are designated as meeting the National Ambient Air Quality Standards 
(NAAQS), i.e., ``attainment areas,'' as well as areas designated as 
``unclassifiable'' because there is insufficient information to 
determine if the area meets the NAAQS. The NNSR SIP program is 
established in part D of title I of the CAA and applies in areas that 
are designated as not being in attainment of the NAAQS, i.e., 
``nonattainment areas.'' The Minor NSR SIP program addresses 
construction or modification activities that do not emit, or have the 
potential to emit, beyond certain major source thresholds and thus do 
not qualify as ``major'' and applies regardless of the designation of 
the area in which a source is located. This particular SIP proposed 
action addresses only the PSD and NNSR major permitting programs.
    The EPA regulations, 40 CFR 51.160-51.166, contain the criteria 
that states must satisfy for the EPA to approve the NSR programs as 
part of the SIP. In addition, there are several provisions in 40 CFR 
part 51 that apply generally to all SIP revisions. 40 CFR 51.160 
establishes the enforceable procedures that must be a part of a NSR 
program. Sections 51.160-51.164 require a SIP revision to demonstrate 
that the adopted rules will not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. Based upon our evaluation 
of the submittals, the EPA has concluded that the regulatory 
submittals, as ultimately revised, meet the requirements of the CAA 
section 110(a). Below are summaries of the individual SIP submittals 
from Secretary of the Louisiana Department of Environmental Quality 
(LDEQ).

A. July 25, 1997, Submittal

    The LDEQ submitted Louisiana Administrative Code (LAC) rule changes 
made in 1996. It includes final revised regulation LAC 33:III, sections 
501, 504, 509, and 517. Section 504 is already part of the Louisiana 
SIP approved by the EPA on September 30, 2002, 2002 at 67 FR 61270. The 
EPA will act on section 517 in a separate action in the future.

B. June 22, 1998, Submittal

    The LDEQ submitted rule changes made in 1997. It includes changes 
to sections 501, 509, and 517. The EPA will act on sections 501 and 517 
in a separate action in the future.

C. February 2, 2000, Submittal

    The LDEQ submitted rule changes made in 1998. It includes sections 
509 and 603.

D. January 27, 2003, Submittal

    The LDEQ submitted rule changes made from 1999-2001. It includes 
section 509.B.2., which addresses certain Parishes as nonattainment for 
ozone. Sections 613 and 615 were already approved as part of the SIP on 
September 27, 2002, at 67 FR 60877.

E. June 15, 2005, Submittal

    The LDEQ submitted rule changes made in 2005 for Baton Rouge in 
section 504.A.6., covering the nonattainment NSR procedures.

F. December 20, 2005, Submittal

    The LDEQ submitted rule changes made in 2005 concerning the NSR 
Reform Program in sections 504 and 509. The submitted rules include, 
among other things, provisions for baseline emissions calculations, an 
actual-to-projected actual methodology for calculating emissions 
changes, options for plantwide applicability limits, and recordkeeping 
and reporting requirements. The changes do not include any portion of 
the Federal NSR Reform rule that was vacated by the US District Court 
of Appeals for the D.C.

[[Page 50242]]

Circuit Court on June 24, 2005, concerning Clean Unit applicability 
test and Pollution Control Projects.

G. May 5, 2006, Submittal

    The LDEQ submitted rule changes made in 2005. It includes sections 
501, 504, 505, 507, 509, and 613. The EPA will act on section 501, a 
minor NSR rule, and section 507, a title V rule that is not part of the 
SIP, in separate actions in the future. The EPA returned section 505 to 
LDEQ because it addresses the Acid Rain Program; the Acid Rain Program 
is not a title I program and therefore should not be included in the 
Louisiana SIP.

H. July 20, 2007, Submittal

    The LDEQ submitted a revision to the SIP's Alternative Emission 
Reduction Plan (``Bubble'') for Union Carbide Corporation, Taft Plant 
reflecting LDEQ's rescission of permit no. 1836T, effective on March 
12, 2007. The EPA is proposing to approve this revision that codifies 
LDEQ's rescission of the permit for the alternative emission reduction 
plan (``Bubble'') for Union Carbide Corporation, Taft Plant.

I. November 9, 2007, Submittal

    The LDEQ submitted rule changes made in 2006. It includes sections 
501, 504, 509, 513, 531, and 607. The EPA will act on sections 501, 513 
and 531 in a separate action in the future because they concern minor 
NSR. In addition, on October 15, 2014, LDEQ removed from our 
consideration section 504.M.

J. August 14, 2009, Submittal

    The LDEQ submitted rule changes made in 2007, that included 
sections 501, 504, 505, 506, and 507. The EPA proposes to approve 
section 504 which contains a revision that requires all information 
submitted by air permittees be sent to the Office of Environmental 
Services.
    The EPA will act on section 501 in a separate action in the future 
because it concerns minor NSR. The EPA will return section 505 to LDEQ 
because it addresses the Acid Rain Program Permitting Requirements, 
which are not part of a SIP. The approved the revisions to Section 506 
on April 17, 2014 are found at 79 FR 21631. The EPA will act on section 
507 in a separate action in the future because it concerns the title V 
program that is not part of a SIP.
    The submittal also contains a rulemaking petition for the repeal of 
section 510, which was never part of the SIP. The repeal affects 
sections 603, 605, 607, 613, and 615 because those sections reference 
to LAC 33:III.510. In addition, to be consistent with the change to 
section 504, a change was made to section 613, which dictates that 
reports be submitted to the Office of Environmental Services.

K. May 16, 2011, Submittal

    The LDEQ submitted rule changes to sections 504 and 509 to address 
the PM2.5 NSR Implementation Rule. The rule submittal also 
revises the regulatory definition of ``regulated pollutant'' to address 
any pollutant for which there is a NAAQS and precursors to the 
formation of such pollutant when identified for regulation by the EPA. 
For NSR Reform purposes, LDEQ also repealed the definition of 
malfunction in response to the EPA's concerns expressed in our January 
24, 2008, letter. The repeal of the definition addressed our concerns.

L. February 27, 2013, Submittal

    The LDEQ submitted revisions to section 509 that update the PSD 
rule to implement the Particulate Matter Less Than 2.5 Micrometers 
(PM2.5) Increments.
    Table 1 below summarizes the changes that are in the SIP revision 
submittals. A summary of our evaluation of each section and the basis 
for our proposed approval is included in this rulemaking. The 
accompanying Technical Support Document (TSD) includes a detailed 
evaluation of the submittals and our rationale. The TSD may be accessed 
online at www.regulations.gov, Docket No. EPA-R06-OAR-2006-0131.

                       Table 1--Summary of Each NSR SIP Submittal Affected by This Action
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                                               Date submitted     Date of State
           Title of SIP submittal                  to EPA           adoption           Regulations affected
----------------------------------------------------------------------------------------------------------------
Air Permit Procedure Revisions..............         7/25/1997              1996  Sections 501, and 509.
                                                                                  Section 504 was approved by
                                                                                   EPA into the SIP on 09/30/
                                                                                   2002 (67 FR 61270).
Air Permit Procedure Revisions..............         6/22/1998              1997  Section 509.
Air Permit Procedure and ERC Banking                  2/2/2000              1998  Sections 509 and 603.
 Revisions.
Air Permit Procedure and ERC Banking                 1/27/2003         1999-2001  Sections 509, 613, and 615.
 Revisions.                                                                       Sections 613 and 615 were
                                                                                   approved by EPA into the SIP
                                                                                   on 09/27/2002 (67 FR 60877).
Baton Rouge Severe Area Rule Update.........         6/15/2005         4/20/2004  Section 504.
Air Permit Procedure Revisions and New              12/20/2005        12/20/2005  Sections 504 and 509.
 Source Review Reform.
Air Permit Procedure and ERC Banking                  5/5/2006              2005  Sections 504, 509, and 613.
 Revisions.
Rescission of Alternative Emission Reduction         7/20/2007         3/12/2007  EPA approved the Union Carbide
 Plan for Union Carbide Corporation, Taft                                          permit as part of the SIP.
 Plant.                                                                            See 07/18/1990, 55 FR 29205.
                                                                                  On 3/12/07, LDEQ rescinded the
                                                                                   permit.
Air Permit Procedure and ERC Banking                 11/9/2007              2006  Sections 504, 509, and 607. On
 Revisions.                                                                        10/15/2014, LDEQ requested
                                                                                   that EPA not take action on
                                                                                   LAC 33:III.504.M. Therefore,
                                                                                   it is not before EPA for
                                                                                   action.
Air Permit Procedure Revisions..............         8/14/2009              2007  Sections 504, 603, 605, 607,
                                                                                   613, and 615.
Air Permit Procedure Revisions for PM2.5             5/16/2011              2011  Sections 504 and 509.
 NAAQS.
LA SIP Update, PM2.5 Increments.............         2/27/2013        12/20/2012  Section 509.
----------------------------------------------------------------------------------------------------------------


[[Page 50243]]

II. Evaluation

A. Revisions to the NNSR and PSD Programs Air Permit Procedures

    We evaluated and are proposing to approve the Chapter 5 amendments 
contained in the July 25, 1997, June 22, 1998, February 2, 2000, 
January 27, 2003, June 15, 2005, May 5, 2006, July 20, 2007, November 
9, 2007, August 14, 2009, submittals. These amendments, if approved by 
the EPA, would provide clarity to the SIP-approved rules and correct 
contradictory language. Specific proposed revisions address the 
assessment and validation of a facility's emissions inventory values. 
Further, the amendments would revise the SIP rules to conform to the 
latest changes to Louisiana laws. The changes also define, for NNSR 
purposes, the parishes that have been designated as non-attainment for 
ozone. The EPA's evaluation of the Louisiana SIP submittals include a 
line-by-line comparison, which can be found in the TSD, of the proposed 
revisions with the federal requirements. We find that in most cases, 
the state regulatory language is identical to that of the federal rule. 
Where the rules are not identical, we find they are consistent with the 
federal rules and definitions and meet their intent. The EPA is 
therefore proposing to approve the submitted rules as part of the 
Louisiana NNSR and PSD SIP.

B. Revisions to the NNSR and PSD Programs for the NSR Reform Rule

    We evaluated and are proposing to approve the December 20, 2005, as 
revised through the May 16, 2011 submittal that contains changes to the 
Louisiana NNSR and PSD permitting programs reflecting the requirements 
found in the federal NSR Reform Program SIP rules.
    Our evaluation of the Louisiana SIP submittals included a line-by-
line comparison, which can be found in the TSD, of the proposed 
revisions with the federal requirements. State agencies may deviate 
from the specific definitions of 40 CFR part 51, and the 2002 NSR 
Reform Rules, only if the States specifically demonstrate that the 
submitted definitions are more stringent or at least as stringent as 
the corresponding federal definitions in accordance with 40 CFR 
51.165(b)(2).
    The State of Louisiana elected to incorporate by reference (IBR) 
most of the federal rules but adopted some with differences. As part of 
its December 20, 2005, submittal, Louisiana provided the EPA with an 
Equivalency Determination that addresses the differences with the 
federal rules regarding emissions defined that are associated with 
startup, shutdown and malfunction emissions. The Secretary of the LDEQ 
also submitted on June 9, 2015 a letter containing further 
clarification. In addition, LDEQ provided follow up SIP submittals that 
are summarized above and discussed in further detail in the Technical 
Support Document. We find that the LDEQ has adopted the necessary 
elements of NSR Reform rule for both the NNSR and PSD programs.
    As discussed in I. F., Louisiana's submitted rules do not include 
the Clean Unit applicability test and Pollution Control Projects 
vacated by the Court.\1\ Further, ``reasonable possibility'' provisions 
that were promulgated in the EPA's NSR Reform SIP rules were remanded 
back to EPA for further consideration on June 24, 2005.\1\
---------------------------------------------------------------------------

    \1\ The EPA promulgated the revised provisions on December 21, 
2007 at 72 FR 72607.
---------------------------------------------------------------------------

    The U.S. Court of Appeals for the DC Circuit in New York v. EPA, 
413 F.3d 3 (D.C. Cir. 2005) (New York) ordered the EPA either to 
provide an acceptable explanation for its ``reasonable possibility'' 
standard or to devise an appropriately supported alternative. The Court 
held, ``[b]ecause EPA has failed to explain how it can ensure NSR 
compliance without the relevant data, we will remand for it either to 
provide an acceptable explanation for its ``reasonable possibility'' 
standard or to devise an appropriately supportive alternative.'' 
Initially, in promulgating the ``reasonable possibility'' standard, we 
intended to limit recordkeeping requirements to those projects for 
which variability in calculating emissions creates an interest in 
obtaining additional information in order to confirm that the 
appropriate applicability outcome is reached.
    To satisfy the Court's remand, the EPA has clarified what 
constitutes ``reasonable possibility'' and when the ``reasonable 
possibility'' recordkeeping requirements apply. We adopted a bright-
line test at 50 percent that will capture projects that have a higher 
probability of variability and/or error in projected emissions. 
Projects with projected increases below the 50-percent threshold, 
especially when emissions from demand growth are included in 
projections, are, we believe, sufficiently small that any variability 
or error in calculations is less likely to be large enough for the 
change to have increased emissions to the significant level. This 
requirement is based on authority in circumstances such as these that 
allows agencies to establish a bright-line test, as opposed to making 
case-by-case determinations. See, e.g., Time Warner Entertainment Co. 
L.P. v. F.C.C., 240 F.3d 1126, 1141 (D.C. Cir. 2001).
    We also state ``[s]ome State or local authorities may be able to 
adopt these changes through a change in interpretation of the term 
``reasonable possibility'' without the need to revise the SIP. For any 
State or local authority that can implement the changes without 
revising its approved SIP, the changes will become effective when the 
reviewing authority publicly announces that it accepts these changes by 
interpretation. In the case of NSR SIP revisions that include the term 
``reasonable possibility'' but that we have not yet approved, we will 
approve the SIP revision if the State or local authority commits to 
implementing the ``reasonable possibility'' standard in a manner 
consistent with our final rule.''
    The EPA Region 6 requested in a letter of January 24, 2008, that 
LDEQ submit a commitment to implement the ``reasonable possibility 
provisions in Sections 504.D.9 and 509.R.6 in a manner consistent with 
EPA's revised rules. On October 6, 2008, LDEQ committed to implement 
the provisions in a manner consistent with the EPA's ``Reasonable 
Possibility in Recordkeeping'' rule.
    In addition, on February 22, 2013, the EPA identified seven 
Louisiana SIP-approved citations that could allow emissions that were 
either automatically or through director's discretion, exempted from 
compliance with otherwise applicable emission limitations. 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; 
Proposed Rule, (78 FR 12522, February 22, 2013). On May 22, 2015, the 
EPA issued a final action requiring Louisiana to ensure it has a plan 
in place that is fully consistent with the CAA and recent court 
decisions regarding startup, shutdown, and malfunction (SSM) for the 
named Louisiana rule citations.
    In this proposal action, we are addressing the eight rule changes 
for baseline actual emissions and projected actual emissions 
definitions. These submitted definitions include the phrase 
``authorized emissions associated with startup, shutdown, and 
malfunction (SSM).'' Because the term ``authorized emissions'' as used 
could encompass the exempted emissions subject to the SSM SIP Call if 
Louisiana fails to appropriately respond to the SSM SIP Call within 18 
months from the issuance of the final action, the EPA will have to 
revisit its approval of these

[[Page 50244]]

revisions. In the interim, the LDEQ sent us a letter on June 9, 2015, 
that clarifies the definition of authorized emissions and also 
clarifies LDEQ's use of variances and emergency orders for permitted 
sources which temporarily allow emissions greater than those provided 
under a specific permit condition or temporarily replace an emissions 
unit that cannot operate without being in violation of an underlying 
permit condition or would be a danger to operate. See discussion in the 
following Section II.C. below.
    We are proposing to approve the December 20, 2005, submittal, as 
revised by the May 16, 2011, submittal as part of the Louisiana SIP for 
Major NSR reform.

C. LDEQ's Clarification Letter

    LDEQ provided a clarification letter (Clarification) on June 9, 
2015, which was requested by the EPA to clarify perceived 
inconsistencies in certain provisions in the SIP submission. The full 
text of the letter can be found in the Docket for this action. This 
letter clarifies the following aspects of the Major NSR Air Permit 
Program.
    The EPA asked for clarification on how the state provisions utilize 
the term ``authorized'' in the context of emissions associated with 
start-ups, shutdowns, and malfunctions, a term not found in the federal 
rules. We also asked for clarification on how variances and emergency 
orders affect permit actions.
    LDEQ explained in its clarification letter that the term 
``authorized'' does not expand the meaning of ``baseline actual 
emissions'' or ``projected actual emissions'' in a manner to render the 
submitted revisions to LAC 33:III.504 and 509 less stringent than their 
corresponding federal provisions. Accordingly, a permittee cannot 
circumvent what would otherwise be applicable NSR requirements when 
issuing either a new or modified (i.e., a physical change or change in 
the method of operation) permit that is subject to PSD review or 
improperly establishes a plantwide applicability limit by means of an 
LDEQ-issued variance or Emergency Order. In the context of LAC 
33:III.504 and 509, the term ``authorized emissions'' refers to 
emissions authorized through only a valid air permit issued pursuant to 
LAC 33:III.Chapter 5. LDEQ emphasized that should it calculate baseline 
actual emissions using its definition in LAC 33:III.504.K or 509.B, the 
result would be no different than if the federal definition at 40 CFR 
51.165(a)(1)(xxxv) or 51.166(b)(47) was utilized.
    Next, LDEQ responded that a variance is not a permit, but rather a 
waiver issued prospectively by LDEQ to allow emissions from an 
emissions unit to temporarily exceed permitted limitations or to 
authorize the use of a temporary emissions unit not addressed by an air 
permit. Baseline actual emissions cannot exceed permitted limits, even 
if additional emissions have been approved by means of a variance or 
Declaration of Emergency and Administrative Order.
    In addition, LDEQ expanded on its use of the term ``authorized'' in 
relation to its context of LAC 33:III.919 (Emissions Inventory) and the 
reporting of actual emissions to LDEQ's Emissions Reporting and 
Inventory Center. LDEQ stated it would amend its ``Louisiana Guidance 
for Air Permitting Actions'' to clarify that, for purposes of baseline 
actual emissions and projected actual emissions, ``authorized'' 
emissions cannot exceed the limitations imposed by an air permit issued 
pursuant to LAC 33:III.Chapter 5.

D. Revisions to the NNSR and PSD Programs for PM2.5 
Implementation

    We evaluated and are proposing to approve the revisions to the 
Louisiana PSD and NNSR programs submitted on May 16, 2011, and to the 
PSD program submitted on February 27, 2013, finding that the Louisiana 
NNSR and PSD permitting programs comply with the federal regulatory 
requirements for implementation of the PM2.5 NAAQS as 
required through the May 16, 2008 NSR PM2.5 Implementation 
Rule and the October 20, 2010 PM2.5 PSD SILs--SMC and 
Increments Rule. See 73 FR 28321 and 75 FR 64864.

E. Emission Reduction Credits (ERC) Banking Revisions

    We evaluated and are proposing to approve revisions to the existing 
SIP-approved Louisiana Regulations on Control of Emissions through the 
Use of ERC Banking. The submittals containing Chapter 6 rules that are 
a part of this action are dated February 2, 2000, January 27, 2003, May 
5, 2006, November 9, 2007, and August 14, 2009, found that the 
Louisiana ERC banking revisions comply with the federal regulatory 
requirements for implementation of the control of emissions through the 
use of ERC Banking. The changes include: (1) Establishing emission 
banking for all parishes designated as ozone nonattainment areas in the 
state; (2) revising submittal dates for banking credits; (3) revising 
references after department reorganization to reflect new organization 
structure; and (4) replacing the 1-hour ozone standard with the 8-hour 
standard. Our evaluation of the Louisiana SIP submittal included a 
line-by-line comparison, which is provided in the TSD, of the proposed 
revisions with the federal requirements. Most of the changes contained 
in the Chapter 6 submittals were not substantial. Our analysis shows 
that in most cases, the state regulatory language is identical to the 
federal rule. Where the rules are not identical, they are consistent 
with and support the intent of the federal rules and definitions. The 
EPA is therefore proposing to approve these submittals. Note that the 
revisions we are addressing update the existing SIP-approved 
requirements to address current nonattainment areas. These revisions do 
not change the underlying purpose of the emissions bank, which is to 
provide nonattainment offsets.

F. Does the proposed approval of the Louisiana Air Permit Procedure 
Revisions or ERC Banking Revisions interfere with attainment, 
reasonable further progress, or any other applicable requirement of the 
Act?

    We have determined that the regulations submitted to EPA for 
approval as SIP revisions meet the requirements of section 110(l). We 
have determined that their implementation will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA. The EPA's 
evaluation of the Louisiana SIP submittals included a line-by-line 
comparison, which can be found in section VI of the TSD, of the 
proposed revisions with the federal requirements. If the rules are new, 
including the NSR Reform rules contained in the December 20, 2005 
submittal, then they were determined to be consistent with the federal 
SIP rules. Therefore, as discussed above and in the TSD, the revisions 
to the Louisiana NNSR and PSD programs are substantively the same as 
the 2002 NSR Reform Rules, without including any vacated provisions, we 
conclude that these rules do not interfere with attainment, reasonable 
further progress, or any other applicable requirement of the Act. See 
67 FR 80186 and 68 FR 63021 for EPA's detailed explanation of the legal 
basis for the 2002 NSR Reform Rules. The EPA has concluded that the 
regulatory submittals, as ultimately revised, meet the requirements of 
the CAA section 110(l).
    Additionally, the rescission of the Bubble for Union Carbide 
Corporation Taft Plant also meets CAA section 110(l). On July 18, 1990, 
the EPA approved the Bubble, as a revision to the Louisiana SIP (55 FR 
29203). The

[[Page 50245]]

original SIP revision was based on an Alternative Emission Reduction 
Plan as requested by the Governor of Louisiana on October 19, 1983, for 
St. Charles Parish due to the area being located in a nonattainment 
area for ozone. The permit was incorporated by reference into the SIP 
at 40 CFR 52.970(d). The submittal incorrectly identified the 
regulation citation as 40 CFR 52.970(c)(55)(i)(a). The rescission was a 
result of changed circumstances regarding the two tanks (Tanks 2635 and 
2102) originally regulated by the Bubble permit 1836T. Tank 2635 is no 
longer in service and the regulation of Tank 2102 was moved to 
Logistics Title Permit No. 2656-V0 which is subject to Reasonably 
Available Control Technology (RACT) emission control requirements, 
resulting in significantly lower VOC emission. The annual emission 
limit of 0.51 tons per year of VOC, is roughly a 95% decrease in the 
VOC emission limit from the 1983 permit of 9.5 tpy. The emission 
reductions gained through the use of RACT and requiring compliance with 
an annual emission limit for Tank 2102 negate the need for use of 
emission reductions identified in 55 FR 29203, from the shutdown of 
Glyoxal Reactor Column vent and the storage of compounds with a lower 
vapor pressure in 5 tanks (2201 (removed from service), and the other 
four tanks, 2202, 2212, 2206, and 2315) as identified, which provided 
credits to allow Tanks 2102 and 2635 to obtain exemptions. All of the 
tanks in service are now regulated under Logistics Title Permit No. 
2656-V0). Therefore, less emissions vented to the atmosphere ensure 
attainment and reasonable progress.

III. Proposed Action

    In this action, the EPA proposes to approve severable revisions to 
the major air permitting procedures in sections 501, 504, 509, 523, 
603, 605, 607, 613, and 615 as submitted to the EPA to revise the 
Louisiana Major NSR SIP Permit program on July 25, 1997, June 22, 1998, 
February 2, 2000, January 27, 2003, June 15, 2005, December 20, 2005, 
May 5, 2006, July 20, 2007, November 9, 2007, August 14, 2009, May 16, 
2011, and February 27, 2013. In addition, the EPA is proposing to 
remove the alternative emission reduction plan (``Bubble'') for Union 
Carbide Corporation, Taft Plant to reflect LDEQ's rescission of the 
permit, from the SIP. Table 2 in Section III summarizes each regulatory 
citation that is affected by this action. Note, Table 2 does not 
include the rescission of the Union Carbide bubble, submitted on July 
20, 2007, which is also being proposed for approval. We have made the 
preliminary determination that the revisions were developed and 
submitted in accordance with the requirements of the CAA and the EPA's 
regulations regarding SIP development at 40 CFR part 51. Additionally, 
we have determined that the submitted revisions to the Louisiana PSD 
and NNSR programs, as clarified by LDEQ, are consistent with our major 
source permitting regulations at 40 CFR 51.160-51.166 and the 
associated policy and guidance. Therefore, under section 110 and parts 
C and D of the Act, and for the reasons presented above and in our 
accompanying TSD, the EPA proposes to fully approve the specific 
revisions to the Louisiana SIP identified in Table 2 below:

   Table 2--Summary of Each Regulation That Is Affected by This Action
------------------------------------------------------------------------
                               Date submitted to
           Section                EPA as SIP        Affected regulation
                                   amendment
------------------------------------------------------------------------
                  Section 501--Scope and Applicability
------------------------------------------------------------------------
Section 501.................           7/25/1997  Section 501--
                                                   Authority.
------------------------------------------------------------------------
   Section 504--Nonattainment New Source Review (NNSR) Procedures and
                Offset Requirements in Specified Parishes
------------------------------------------------------------------------
Section 504.A...............           6/15/2005  Section 504.A.6.
                                      12/20/2005  Sections 504.A.,
                                                   504.A.1., 504.A.3.,
                                                   504.A.3.a.-d.,
                                                   504.A.4, 504.A.5.,
                                                   504.A.5.a.-b.,
                                                   504.A.6., 504.A.6.a.-
                                                   f., 504.A.7.,
                                                   504.A.7.a.-c.,
                                                   504.A.8.
                                       11/9/2007  Sections 504.A.1.,
                                                   504.A.2., 504.A.3.,
                                                   504.A.4, 504.A.8.
Section 504.C...............            5/5/2006  Section 504.C.,
                                                   Section 504.F.7.,
                                                   Section 504.F.7.a--
                                                   Table 1, PM10.
                                       8/14/2009  Section 504.C.
Section 504.D...............           6/15/2005  Section 504.D.3.
                                      12/20/2005  Sections 504.D.4.,
                                                   504.D.9, 504.D.9.a.-
                                                   e., 504.D.10.,
                                                   504D.11., 504.D.11.a-
                                                   b.
                                       11/9/2007  Sections 504.D.5
Section 504.F...............          12/20/2005  Sections 504.F.11.,
                                                   and 504.F.12.
                                        5/5/2006  Section 504.F.7,
                                                   504.F.7.a.--Table 1,
                                                   Footnote PM10.
                                      11/09/2007  Sections 504.F.1.,
                                                   504.F.8.a.-c.,
                                                   504.F.9.L Table 1.
                                       8/14/2009  Section 504.F.7.
                                       5/16/2011  Section 504.F.1.
Section 504.G...............          12/20/2005  Sections 504.G.,
                                                   504.G.1., 504.G.2.,
                                                   504.G.2.a.-e.,
                                                   504.G.3., 504.G.3.a.-
                                                   c., 504.G.4.,
                                                   504.G.4.a.-b.,
                                                   504.G.5., 504.G.5.a.-
                                                   b., 504.G.6.,
                                                   504.G.6.a.-f.,
                                                   504.G.7., 504.G.7.a.-
                                                   c., 504.G.8.,
                                                   504.G.9.
Section 504.H...............          12/20/2005  Sections 504.H.1.,
                                                   504.H.2., 504.H.2.a.-
                                                   d., 504.H.3.,
                                                   504.H.3.a.-d.,
                                                   504.H.4., 504.H.4.a.-
                                                   c., 504.H.5.,
                                                   504.H.6., 504.H.7.,
                                                   504.H.8., 504.H.8.a.-
                                                   f., 504.H.9.,
                                                   504.H.9.a.-e.,
                                                   504.H.10., 504.H.11.
Section 504.I...............          12/20/2005  Sections 504.I.1.,
                                                   504.I.2., 504.I.2.a.-
                                                   b., 504.I.3.,
                                                   504.I.3.a.-e.,
                                                   504.I.4., 504.I.5.,
                                                   504.I.6., 504.I.6.a.-
                                                   d.
Section 504.J...............          12/20/2005  Sections 504.J.1.,
                                                   504.J.1.a.-d.,
                                                   504.J.2., 504.J.2.a.-
                                                   k., 504.J.3.,
                                                   504.J.3.a.-c.,
                                                   504.J.4., 504.J.4.a.-
                                                   b., 504.J.5.,
                                                   504.J.6., 504.J.6.a.-
                                                   b., 504.J.7.,
                                                   504.J.7.a.-j.,
                                                   504.J.8., 504.J.8.a.-
                                                   b., 504.J.9.,
                                                   504.J.9.a.-e.,
                                                   504.J.10.,
                                                   504.J.10.a.-e.,
                                                   504.J.11.,
                                                   504.J.11.a.-c.,
                                                   504.J.12.,
                                                   504.J.12.a.-i.,
                                                   504.J.13.,
                                                   504.J.13.a.-b.,
                                                   504.J.14.,
                                                   504.J.14.a.-c.,
                                                   504.J.15.,
                                                   504.J.15.a.-b.
                                       5/16/2011  Section 504.J.5.

[[Page 50246]]

 
Section 504.K...............          12/20/2005  Sections 504.K.
                                                   Definitions.
                                                   Beginning with Act--
                                                   repealed,
                                                   Administrator,
                                                   Adverse Impact on
                                                   Visibility, Allowable
                                                   Emissions, Baseline
                                                   Actual Emissions,
                                                   Begin Actual
                                                   Construction, Best
                                                   Available Control
                                                   Technology, Clean Air
                                                   Act, Clean Coal
                                                   Technology, Clean
                                                   Coal Technology
                                                   Demonstration
                                                   Project, Clean Unit,
                                                   Commence,
                                                   Construction,
                                                   Continuous Emissions
                                                   Monitoring System,
                                                   Continuous Emissions
                                                   Rate Monitoring
                                                   System, Continuous
                                                   Parameter Monitoring
                                                   System, Electric
                                                   Utility Steam
                                                   Generating Unit,
                                                   Emissions Unit,
                                                   Federal Class I Area,
                                                   Federal Land Manager,
                                                   Federally
                                                   Enforceable, Fugitive
                                                   Emissions, Lowest
                                                   Achievable Emission
                                                   Rate, Major
                                                   Modification, Major
                                                   Stationary Source,
                                                   Mandatory Federal
                                                   Class I Area, Natural
                                                   Conditions, Necessary
                                                   Preconstruction
                                                   Approvals, or
                                                   Permits, and Net
                                                   Emissions Increase.
                                       5/16/2011  Section 504.K.
                                                   Definition.
                                                   Malfunction--repealed
                                                   , Regulated
                                                   Pollutant,
                                                   Significant.
Section 504.L...............          11/09/2007  Section 504.L Table 1
                                                   and footnotes.
                                       5/16/2011  Section 504 L Table 1
                                                   and footnotes for
                                                   Major Stationary
                                                   Source.
Section 504.M...............          11/09/2007  Sections 504.M. and
                                                   504.M.1.-3. EPA is
                                                   not taking action on
                                                   this section based on
                                                   LDEQ 10/15/2014,
                                                   request for EPA to
                                                   ``not take action''.
------------------------------------------------------------------------
          Section 509--Prevention of Significant Deterioration
------------------------------------------------------------------------
Section 509.A...............          12/20/2005  Sections 509.A.1.,
                                                   509.A.2., 509.A.3.,
                                                   509.A.4., 509.A.4.a-
                                                   f., 509.A.5.,
                                                   509.A.6.
                                        5/5/2006  Section 509.A.3.
                                      11/09/2007  Section 509.A.4.f.
                                       5/16/2011  Reference to
                                                   previously SIP
                                                   approved submittal
                                                   PM2.5 NAAQS.
Section 509.B...............           7/25/1997  Section 509.B.
                                                   Definitions. Baseline
                                                   Area.2.
                                       6/22/1998  Section 509.B.
                                                   Definitions.
                                                   Reconstruction.
                                       1/27/2003  Section 509.B.2.
                                      12/20/2005  Sections 509.B.
                                                   Definitions. Actual
                                                   Emissions, Adverse
                                                   Impact on Visibility,
                                                   Allowable Emissions,
                                                   Baseline Area,
                                                   Baseline
                                                   Concentration,
                                                   Baseline Date, Begin
                                                   Actual Construction,
                                                   Best Available
                                                   Control Technology,
                                                   Building, Structure,
                                                   Facility or
                                                   Installation, Clean
                                                   Air Act, Clean Coal
                                                   Technology, Clean
                                                   Coal Technology
                                                   Demonstration
                                                   Project, Clean Unit,
                                                   Commence, Complete,
                                                   Construction,
                                                   Continuous Emissions
                                                   Monitoring System,
                                                   Continuous Emissions
                                                   Rate Monitoring
                                                   System, Continuous
                                                   Parameter Monitoring
                                                   System, Electric
                                                   Utility Steam
                                                   Generating Unit,
                                                   Emissions Unit,
                                                   Federal Land Manager,
                                                   Federally
                                                   Enforceable, Fugitive
                                                   Emissions High
                                                   Terrain, Indian
                                                   Governing Body,
                                                   Indian Reservation
                                                   Innovative Control
                                                   Technology, Low
                                                   Terrain, Lowest
                                                   Achievable Emission
                                                   Rate, Major
                                                   Modification, Major
                                                   Stationary Source,
                                                   Necessary
                                                   Preconstruction
                                                   Approvals, Pollution
                                                   Control Project,
                                                   Pollution Prevention,
                                                   Potential to Emit,
                                                   Predictive Emissions
                                                   Monitoring System,
                                                   Prevention of
                                                   Significant
                                                   Deterioration,
                                                   Project, Reactivation
                                                   of a Very Clean Coal-
                                                   Fired Electric
                                                   Utility Steam
                                                   Generating Unit,
                                                   Reasonably Available
                                                   Control Technology,
                                                   Regulated NSR
                                                   Pollutant,
                                                   Replacement Unit,
                                                   Repowering, Reviewing
                                                   Authority,
                                                   Significant,
                                                   Significant Emissions
                                                   Increase Stationary
                                                   Source, and Temporary
                                                   Clean Coal Technology
                                                   Demonstration
                                                   Project.
                                       11/9/2007  Sections 509.B.
                                                   definitions Major
                                                   Modification, Major
                                                   Stationary Source,
                                                   Regulated NSR
                                                   Pollutant, and
                                                   Significant.
                                       5/16/2011  Section 509.B.
                                                   Definitions--Malfunct
                                                   ions--repeal,
                                                   Regulated New Source
                                                   Review (NSR)
                                                   Pollutant,
                                                   Significant a.
                                       2/27/2013  Section 509.B.
                                                   Definitions. Baseline
                                                   Area, Baseline Date,
                                                   Minor Source Baseline
                                                   Date.
Section 509.C...............          12/20/2005  Sections 509.C.
                                       2/27/2013  Sections 509.C.
                                                   Ambient Air
                                                   Increments.
Section 509.D...............           6/22/1998  Section 509.D.17.
                                      12/20/2005  Sections 509.D.,
                                                   509.D.1.-2.
Section 509.E...............          12/20/2005  Sections 509.E.,
                                                   509.E.1.-4.
Section 509.G...............          12/20/2005  Sections 509.G.,
                                                   509.G.1.-4.
Section 509.H...............          12/20/2005  Sections 509.H.,
                                                   509.H.1.-2.
Section 509.I...............          12/20/2005  Sections 509.I.,
                                                   509.I.1.-9.
                                       11/9/2007  Sections 509.I.5.a.,
                                                   approving renumbering
                                                   only because
                                                   substantively it has
                                                   already been
                                                   addressed.
                                       2/27/2013  Sections 509.I.5.,
                                                   509.I.5.a., 509.I.8.,
                                                   509.I.9., 509.I.9.b.
Section 509.J...............          12/20/2005  Sections 509.J.,
                                                   509.J.1.-4.
                                       2/27/2013  Sections 509.J.,
                                                   509.J.5., 509.J.5.a.,
Section 509.K...............          12/20/2005  Sections 509.K.,
                                                   509.K.1.-2.
                                       2/27/2013  Sections 509.K.,
                                                   509.K.1., 509.K.1.a.-
                                                   b.
Section 509.L...............          12/20/2005  Sections 509.L.,
                                                   509.L.1.-2.
Section 509.M...............          12/20/2005  Sections 509.M.,
                                                   509.M.1-3.
Section 509.N...............          12/20/2005  Sections 509.N.,
                                                   509.N.1.-2.
Section 509.O...............          12/20/2005  Sections 509.O.1.-3.
                                        5/5/2006  Section 509.O.3.
Section 509.P...............          12/20/2005  Sections 509.P, 509.P.
                                                   1.-8.
                                       2/27/2013  Section 509.P.5.
Section 509.Q...............            2/2/2000  Sections 509.Q.7.,
                                                   509.Q.8.b.
                                      12/20/2005  Sections 509.Q.,
                                                   509.Q.1.-2.
Section 509.R...............          12/20/2005  Sections 509.R.,
                                                   509.R.1.-7.
Section 509.V...............          12/20/2005  Sections 509.V.,
                                                   509.V.1.-4.

[[Page 50247]]

 
Section 509.W...............          12/20/2005  Sections 509.W.,
                                                   509.W.1.-4.
Section 509.X...............          12/20/2005  Sections 509.X.,
                                                   509.X.1.-9.
Section 509.Y...............          12/20/2005  Sections 509.Y.,
                                                   509.Y.1.-11.
Section 509.Z...............          12/20/2005  Sections 509.Z.,
                                                   509.Z.1.-6.
Section 509.AA..............          12/20/2005  Sections 509.AA.,
                                                   509.AA.1.-15.
------------------------------------------------------------------------
                       Section 603--Applicability
------------------------------------------------------------------------
Section 603.................            2/2/2000  Section 603, no longer
                                                   in front of EPA--
                                                   superseded.
Section 603.A...............           8/14/2009  Section 603.A.
------------------------------------------------------------------------
                               Section 605
------------------------------------------------------------------------
Section 605.A...............           8/14/2009  Section 605.A.
                                                   Definitions Offset.
------------------------------------------------------------------------
      Section 607--Determination of Creditable Emission Reductions
------------------------------------------------------------------------
Section 607.C...............           11/9/2007  Sections 607.C.1,
                                                   607.C.4.a.i, and
                                                   607.C.4.a.ii.
                                       8/14/2009  Section 607.C.4.b
------------------------------------------------------------------------
                     Section 613--ERC Balance Sheet
------------------------------------------------------------------------
Section 613.B...............            5/5/2006  Section 613.B.
Section 613.B...............            5/5/2006  Section 613.B.
                                                   (repealed).
Section 613.D...............           1/27/2003  Section 613.D.
------------------------------------------------------------------------
                               Section 615--Schedule for Submitting Applications
------------------------------------------------------------------------
Section 615.B...............           1/27/2003  Section 615.B.
Section 615.C...............           8/14/2009  Sections 615.C., and
                                                   615.D.
------------------------------------------------------------------------

    We also are proposing to approve the December 25, 2005, submittal, 
as revised by the May 16, 2011, submittal. as part of the Louisiana NSR 
SIP because they meet the Major NSR reform requirements. The LDEQ also 
provided an October 6, 2008, letter, and a June 9, 2015, providing 
further clarification.
    The EPA is proposing to find that the May 16, 2011, revisions to 
the Louisiana NNSR program at LAC 33:III.504 address all required NNSR 
elements for the implementation of the 1997 and 2006 PM2.5 
NAAQS. We note that the Louisiana NNSR program does not include 
regulation of VOCs and ammonia as PM2.5 precursors. However, 
as section 189(e) of the Act requires regulation of PM2.5 
precursors that significantly contribute to PM2.5 levels 
``which exceed the standard in the area'' and Louisiana does not have a 
designated PM2.5 nonattainment area; the revisions 
addressing only SO2 and NOX are not inconsistent 
with the requirements of the CAA. In the event that an area is 
designated nonattainment for the 2012 PM2.5 NAAQS or any 
other future PM2.5 NAAQS, Louisiana will have a deadline 
under section 189(a)(2) of the CAA to make a submission addressing the 
statutory requirements as to that area, including the requirements in 
section 189(e) that apply to the regulation of PM2.5 
precursors.
    The EPA invites the public to make comments on all aspects of our 
proposed full approval of the Louisiana Air Permit Procedure Program, 
and to submit them by the Date listed above. We are accepting comments 
on this proposed action for 30 days. After reviewing the comments 
received, we will make a final determination of the approvability of 
the specified revisions to the Louisiana Major Air Permit Procedures 
and Regulations and Control of Emissions through the Use of Emission 
Reduction Credits (ERC) Banking Revisions in the Federal Register.

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 the Louisiana regulations as described in the 
Proposed Action section above. We have made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

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

[[Page 50248]]

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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, and Volatile organic compounds.

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

    Dated: August 5, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-20504 Filed 8-18-15; 8:45 am]
 BILLING CODE 6560-50-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 18, 2015.
ContactStephanie Kordzi, Telephone (214) 665- 7520, email at [email protected]
FR Citation80 FR 50240 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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