80 FR 68451 - Approval and Promulgation of Implementation Plans; Louisiana; Major Source Permitting State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 214 (November 5, 2015)

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

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68451-68453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28097]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0131; FRL-9936-45-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This rule is effective on December 7, 2015.

ADDRESSES: The Environmental Protection Agency (EPA) has established a 
docket for this action under Docket ID No. EPA-R06-OAR-2006-0131. All 
documents in the docket are listed on the http://www.regulations.gov 
Web site. Although listed in the index, some information is not 
publicly available, e.g., Confidential Business Information or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 
Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

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

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

I. Background

    The background for this action is discussed in detail in our August 
19, 2015, proposal (80 FR 50240). In that document, we proposed to 
approve portions of SIP submittals for the State of Louisiana. These 
amendments 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 revise the SIP rules to conform to the latest 
changes to Louisiana laws including making changes to the Louisiana 
NNSR and PSD permitting programs reflecting the requirements found in 
the federal NSR Reform Program SIP rules. The changes also define, for 
NNSR purposes, the parishes that have been designated as non-attainment 
for ozone. Finally, this action addresses eight rule changes for 
baseline actual emissions and projected actual emissions definitions. 
This action is being taken under section 110 of the Act. We did not 
receive any comments regarding our proposal.

II. Final Action

    We are approving portions of SIP submittals for the State of 
Louisiana submitted 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, to address air permit procedure revisions, ERC banking 
revisions, Baton Rouge Severe Area rule update revisions, NSR reform 
revisions, rescission of the alternative emission reduction plan for 
Union Carbide Corporation Taft Plant, revisions for Particulate Matter 
2.5 (PM2.5) National Ambient Air Quality Standards (NAAQS), 
and an update of PM2.5 increments. We approve the portions 
of the SIP submittals that meet CAA requirements. Specifically, we are 
approving the following revisions to the Louisiana SIP:
     Revisions to LAC 33:III.501 as submitted on July 25, 1997;
     Revisions to LAC 33:III.504 as submitted on June 15, 2005; 
December 20, 2005; May 5, 2006; November 9, 2007; August 14, 2009; and 
May 16, 2011;
     Revisions to LAC 33:III.509 as submitted on July 25, 1997; 
June 22, 1998; January 27, 2003; February 2, 2000; December 20, 2005; 
May 5, 2006; November 9, 2007; May 16, 2011; and February 27, 2013;
     Revisions to LAC 33:III.603 as submitted on February 2, 
2000; and August 14, 2009;
     Revisions to LAC 33:III.605 as submitted on August 14, 
2009;
     Revisions to LAC 33:III.607 as submitted on November 9, 
2007 and August 14, 2009;
     Revisions to LAC 33:III.613 as submitted on January 27, 
2003 and May 5, 2006;
     Revisions to LAC 33:III.615 as submitted on January 27, 
2003 and August 14, 2009; and
     The removal of the Union Carbide Bubble Permit in 
Hahnville, Louisiana, as submitted on July 20, 2007, at 40 CFR 
52.970(d) to reflect the rescission of the permit by LDEQ.
    The EPA is finding 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 volatile organic compounds 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 sulfur dioxide and 
nitrogen oxides 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.
    This action is being taken under section 110 of the Act.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Louisiana regulations as described in the Final 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.

IV. Statutory and Executive Order Reviews

    Under the Clean Air 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose

[[Page 68452]]

additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air 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 
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).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 4, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

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.

    Dated: October 23, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

0
2. In Sec.  52.970:
0
a. In paragraph (c), the table titled ``EPA-Approved Louisiana 
Regulations in the Louisiana SIP'' is amended by revising the entries 
for Sections 501, 504, 509, 603, 605, 607, 613, and 615; and
0
b. Paragraph (d) is amended by removing the entry for ``Union Carbide 
Facility in Hahnville, Louisiana''.
    The revisions read as follows:


Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA Approved Louisiana Regulations in the Louisiana SIP
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                                                        State approval
          State citation              Title/subject          date        EPA Approval date         Comments
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                                LAC Title 33. Environmental Quality Part III. Air
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                          Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------
Section 501......................  Scope and                 5/20/1996  11/5/2015 [Insert
                                    Applicability.                       Federal Register
                                                                         citation].
 
                                                  * * * * * * *
Section 504......................  Nonattainment New         2/20/2011  11/5/2015 [Insert    The SIP does not
                                    Source Review                        Federal Register     include LAC
                                    (NNSR) Procedures.                   citation].           33:III.504.M.
 

[[Page 68453]]

 
                                                  * * * * * * *
Section 509......................  Prevention of            12/20/2012  11/5/2015 [Insert    SIP does not
                                    Significant                          Federal Register     include provisions
                                    Deterioration.                       citation].           for permitting of
                                                                                              GHGs as effective
                                                                                              on 04/20/2011 at
                                                                                              LAC 33:III.509(B)
                                                                                              definition of
                                                                                              ``carbon dioxide
                                                                                              equivalent
                                                                                              emissions'',
                                                                                              ``greenhouse
                                                                                              gases'', ``major
                                                                                              stationary
                                                                                              source'', and
                                                                                              ``significant''.
                                                                                              SIP does not
                                                                                              include the PM2.5
                                                                                              SMC at LAC
                                                                                              33:III.509(I)(5)(a
                                                                                              ) from the 12/20/
                                                                                              2012 adoption. LAC
                                                                                              33:III.509(I)(5)(a
                                                                                              ) is SIP-approved
                                                                                              as of 10/20/2007
                                                                                              adoption.
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                    Chapter 6--Regulations on Control of Emissions Reduction Credits Banking
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 603......................  Applicability......      10/20/2007  11/5/2015 [Insert
                                                                         Federal Register
                                                                         citation].
Section 605......................  Definitions........      10/20/2007  11/5/2015 [Insert
                                                                         Federal Register
                                                                         citation].
Section 607......................  Determination of         10/20/2007  11/5/2015 [Insert
                                    Creditable                           Federal Register
                                    Emission                             citation].
                                    Reductions.
Section 613......................  ERC Balance Sheet..      10/20/2007  11/5/2015 [Insert
                                                                         Federal Register
                                                                         citation].
Section 615......................  Schedule for             10/20/2007  11/5/2015 [Insert
                                    Submitting                           Federal Register
                                    Applications.                        citation].
 
                                                  * * * * * * *
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[FR Doc. 2015-28097 Filed 11-4-15; 8:45 am]
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