81_FR_35781 81 FR 35674 - Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards

81 FR 35674 - Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35674-35680
FR Document2016-13032

The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from the State of Louisiana for National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM<INF>2.5</INF>), lead (Pb), ozone (O<INF>3</INF>), nitrogen dioxide (NO<INF>2</INF>), and sulfur dioxide (SO<INF>2</INF>). This submission addresses how the existing SIP provides for implementation, maintenance, and enforcement of the NAAQS for these pollutants (also referred to as an infrastructure SIP or i-SIP). These i-SIPs ensure that the State's SIP is adequate to meet the state's responsibilities under the Federal Clean Air Act (CAA).

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35674-35680]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0465; FRL-9947-24-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana; Infrastructure State Implementation Plan Requirements for 
the National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of a State Implementation Plan (SIP) submission from 
the State of Louisiana for National Ambient Air Quality Standards 
(NAAQS) for fine particulate matter (PM2.5), lead (Pb), 
ozone (O3), nitrogen dioxide (NO2), and sulfur 
dioxide (SO2). This submission addresses how the existing 
SIP provides for implementation, maintenance, and enforcement of the 
NAAQS for these pollutants (also referred to as an infrastructure SIP 
or i-SIP). These i-SIPs ensure that the State's SIP is adequate to meet 
the state's responsibilities under the Federal Clean Air Act (CAA).

DATES: Written comments must be received on or before July 5, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2013-0465, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be

[[Page 35675]]

Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Sherry Fuerst, (214) 665-
6454, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.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 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).

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with her or Bill Deese at (214) 665-7253.

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

I. Background

    On October 17, 2006, following a periodic review of the NAAQS for 
PM2.5, EPA revised the PM 2.5 NAAQS.\1\ The 24-
hour standard was revised to 35 micrograms per cubic meter ([mu]g/
m\3\), and the annual standard was revised to 15 [mu]g/m\3\ (71 FR 
61144). On December 14, 2012, we promulgated a revised primary annual 
PM2.5 NAAQS (78 FR 3086). The primary annual standard was 
revised to 12.0 [mu]g/m\3\, and we retained the 24-hour 
PM2.5 standard of 35 [mu]g/m\3\ (78 FR 3086). In 2008, 
following a periodic review of the NAAQS for Pb, we revised the NAAQS 
to 0.15 [mu]g/m\3\ for both the primary and secondary standards (73 FR 
66964). On March 27, 2008, following a periodic review, EPA revised the 
primary and secondary O3 NAAQS (73 FR 16205) to establish a 
new primary standard of 0.075 parts per million (ppm), expressed to 
three decimal places, based on a 3-year average of the fourth-highest 
maximum 8-hour average concentration, and revised the current 8-hour 
standard by making it identical to the revised primary standard.
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    \1\ Additional information on: The history of the pollutants, 
its levels, forms and, determination of compliance; EPA's approach 
for reviewing i-SIPs; the details of the SIPs submittal and EPA's 
evaluation; the effect of recent court decisions on i-SIPs; the 
statute and regulatory citations in the Louisiana SIP specific to 
this review; the specific i-SIP applicable CAA and EPA regulatory 
citation; Federal Register Louisiana minor New Source Review program 
and EPA approval activities; and Louisiana's Prevention of 
Significant Deterioration (PSD) program can be found in the 
Technical Support Document (TSD).
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    Likewise, on February 9, 2010, EPA revised the primary national 
ambient air quality standard for oxides of nitrogen as measured by 
nitrogen dioxide (NO2), for 1-hour standard at a level of 
100 ppb, based on the 3-year average of the 98th percentile of the 
yearly distribution of 1-hour daily maximum concentrations, to 
supplement the existing annual standard (75 FR 6474). EPA also 
established requirements for an NO2 monitoring network that 
includes monitors at locations where maximum NO2 
concentrations are expected to occur, including within 50 meters of 
major roadways, as well as monitors sited to measure the area-wide 
NO2 concentrations that occur more broadly across 
communities. (75 FR 6474).
    Additionally, on June 22, 2010, the EPA revised the primary 
SO2 NAAQS to establish a new 1-hour standard, with a level 
of 75 ppb, based on the 3-year average of the annual 99th percentile of 
1-hour daily maximum concentrations (75 FR 35520).
    Each state must submit an i-SIP within three years after the 
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA 
includes a list of specific elements the i-SIP must meet. In an effort 
to assist states in complying with this requirement, EPA issued 
guidance addressing the i-SIP elements for NAAQS.\2\
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    \2\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013.
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    The Secretary of the Louisiana Department of Environmental Quality 
(LDEQ) submitted i-SIP revisions to address the revised NAAQS.
    With the exception of the certain portions that pertain to 
interstate transport, EPA is proposing to approve the Louisiana i-SIP 
submittals for these pollutant NAAQS.\3\ The exceptions are (1) the 
portions of the 2008 ozone NAAQS submittal that pertain to interstate 
transport of Louisiana emissions which will significantly contribute to 
nonattainment of the NAAQS in other states, (2) the portion of the 2010 
SO2 NAAQS submittal that pertains to interstate transport of 
Louisiana emissions to other states, and (3) the portions which will 
interfere with visibility protection measures in other states for the 
2006 and 2012 PM2.5, 2008 Pb, 2008 O3, 2010 
NO2, and 2010 SO2 NAAQS. We will take 
separate action on the portions of the 2008 ozone and 2010 
SO2 NAAQS submittal that pertain to significant contribution 
to nonattainment or interference with maintenance of the NAAQS in other 
states. We have disapproved portions of the Louisiana Regional Haze 
Plan submittal that pertain to interference with visibility protection 
measures in other states (77 FR 39425). LDEQ and EPA are currently 
working on a revised Louisiana Regional Haze Plan.
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    \3\ Additional information on: The history of the priority 
pollutants, their levels, forms and, determination of compliance; 
EPA's approach for reviewing i-SIPs; the details of the SIP 
submittal and EPA's evaluation; the effect of recent court decisions 
on i-SIPs; the statute and regulatory citations in the Louisiana SIP 
specific to this review; the specific i-SIP applicable CAA and EPA 
regulatory citations; Federal Register Notice citations for 
Louisiana SIP approvals; Louisiana's minor New Source Review program 
and EPA approval activities; and, Louisiana`s Prevention of 
Significant Deterioration (PSD) program can be found in the 
Technical Support Document (TSD).
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II. EPA's Evaluation of Louisiana's NAAQS Infrastructure Submissions

    Below is a summary of EPA's evaluation of the Louisiana i-SIP for 
each applicable element of 110(a)(2) A-M.\4\ Louisiana provided a 
demonstration of how the existing Louisiana SIP meets the requirements 
of the 2006 PM2.5 NAAQS, on May 11, 2011; 2008 Pb NAAQS on 
October 14, 2011; 2008 O3, 2010 NO2, 2010 
SO2 NAAQS on June 7, 2013 and the 2012 PM2.5 
NAAQS on December 16, 2015. The 2006 PM2.5, 2008 Pb, 2008 
O3, 2010 NO2 and 2010 SO2 SIP 
submissions are complete by operation of law.\5\ The 2012 
PM2.5 submission was reviewed and determined to be complete.
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    \4\ A detailed discussion of our evaluation can be found in the 
TSD for this action. The TSD can be accessed through 
www.regulations.gov (e-docket EPA-R06-OAR-2013-0465).
    \5\ These SIP submissions became complete by operation of law on 
November 11, 2012 (2006 PM2.5), April 14, 2012 (2008 Pb), 
and December 7, 2013 (2008 O3, 2010 NO2, and 
2010 SO2). See CAA section 110(k)(1)(B).
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    (A) Emission limits and other control measures: The SIP must 
include enforceable emission limits and other control measures, means 
or techniques, schedules for compliance and other related matters as 
needed to implement,

[[Page 35676]]

maintain and enforce each of the NAAQS.\6\ The Louisiana Air Control 
Law found in the Louisiana Environmental Quality Act at Louisiana 
Revised Statute (La R.S.)30:2054 provides the Secretary of the 
Department of Environmental Quality with broad legal authority. The 
Secretary can adopt emission standards and compliance schedules which 
are applicable to regulated entities; emission standards and 
limitations and any other measures necessary for attainment and 
maintenance of national standards. The Secretary can also enforce 
applicable laws, regulations, standards and compliance schedules, and 
seek injunctive relief. This authority has been employed in the past to 
adopt and submit multiple revisions to the Louisiana State 
Implementation Plan. The approved SIP for Louisiana is documented at 40 
CFR part 52.970, subpart T.\7\ LDEQ's air quality rules and standards 
are codified at Title 33, Part III of the Louisiana Administrative Code 
(LAC). Numerous parts of the regulations codified into 33 LAC necessary 
for implementing and enforcing the NAAQS have been adopted into the 
SIP.\8\
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    \6\ The specific nonattainment area plan requirements of section 
110(a)(2)(I) are subject to the timing requirements of section 172, 
not the timing requirement of section 110(a)(1). Thus, section 
110(a)(2)(A) does not require that states submit regulations or 
emissions limits specifically for attaining the 2006 
PM2.5, 2008 Pb, 2008 O3, 2010 NO2, 
2010 SO2 or 2012 PM2.5 NAAQS. Those SIP 
provisions are due as part of each state's attainment plan, and will 
be addressed separately from the requirements of section 
110(a)(2)(A). In the context of an infrastructure SIP, EPA is not 
evaluating the existing SIP provisions for this purpose. Instead, 
EPA is only evaluating whether the state's SIP has basic structural 
provisions for the implementation of the NAAQS.
    \7\ http://www.ecfr.gov/cgi-bin/text-idx?SID=6e98cdf87e1b896da1b0a8cc2d2f69d6&mc=true&node=sp40.3.52.t&rgn=div6.
    \8\ See the TSD for additional information.
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    (B) Ambient air quality monitoring/data system: The SIP must 
provide for: Establishment and implementation of ambient air quality 
monitors, collection and analysis of ambient air quality data, and 
authority to provide such data to EPA upon request.
    The La R.S. Chapter 2 provides LDEQ with the authority to collect 
air quality monitoring data, quality-assure the results, and report the 
data. LDEQ maintains and operates a monitoring network to measure 
levels of the pollutants in accordance with EPA regulations specifying 
siting and monitoring requirements. All monitoring data is measured 
using EPA approved methods and subject to the EPA quality assurance 
requirements. LDEQ submits all required data to EPA, following the EPA 
regulations. The monitoring network was approved into the SIP and it 
undergoes recurrent annual review by EPA.\9\ In addition, LDEQ conducts 
a recurrent assessment of its monitoring network every five years, as 
required by EPA rules. The most recent of these 5-year monitoring 
network assessments was conducted by LDEQ and approved by EPA.\10\ The 
LDEQ Web site provides the monitor locations and posts past and current 
concentrations of criteria pollutants measured in the State's network 
of monitors.\11\
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    \9\ A copy of the 2015 Annual Air Monitoring Network Plan and 
EPA's approval letter are included in the docket for this proposed 
rulemaking.
    \10\ A copy of LDEQ's 2010 5-year ambient monitoring network 
assessment and EPA's approval letter are included in the docket for 
this proposed rulemaking.
    \11\ See http://airquality.deq.louisiana.gov/ and http://www.deq.louisiana.gov/portal/DIVISIONS/Assessment/AirFieldServices/AmbientAirMonitoringProgram/AmbientAirMonitoringDataandReports.aspx.
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    (C) Program for enforcement of control measures: The SIP must 
include the following three elements: (1) A program providing for 
enforcement of the measures in paragraph A above; (2) a program for the 
regulation of the modification and construction of stationary sources 
as necessary to protect the applicable NAAQS (i.e., state-wide 
permitting of minor sources); and (3) a permit program to meet the 
major source permitting requirements of the CAA (for areas designated 
as attainment or unclassifiable for the NAAQS in question).\12\
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    \12\ As discussed in further detail in the TSD.
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    (1) Enforcement of SIP Measures. As noted in (A), the state 
statutes provide authority for the LDEQ and its Secretary to enforce 
the requirements of the LAC, and any regulations, permits, or final 
compliance orders. These statutes also provide the LDEQ and its 
Secretary with general enforcement powers. Among other things, they can 
file lawsuits to compel compliance with the statutes and regulations; 
commence civil actions; issue field citations; conduct investigations 
of regulated entities; collect criminal and civil penalties; develop 
and enforce rules and standards related to protection of air quality; 
issue compliance orders; pursue criminal prosecutions; investigate, 
enter into remediation agreements; and issue emergency cease and desist 
orders. The LAC also provides additional enforcement authorities and 
funding mechanisms.
    (2) Minor New Source Review. The SIP is required to include 
measures to regulate construction and modification of stationary 
sources to protect the NAAQS. The Louisiana minor NSR permitting 
requirements are approved as part of the SIP.\13\
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    \13\ EPA is not proposing to approve or disapprove the existing 
Louisiana minor NSR program to the extent that it may be 
inconsistent with EPA's regulations governing this program. EPA has 
maintained that the CAA does not require that new infrastructure SIP 
submissions correct any defects in existing EPA-approved provisions 
of minor NSR programs in order for EPA to approve the infrastructure 
SIP for element C (e.g., 76 FR 41076-41079, July 13 2011). EPA 
believes that a number of states may have minor NSR provisions that 
are contrary to the existing EPA regulations for this program. The 
statutory requirements of section 110(a)(2)(C) provide for 
considerable flexibility in designing minor NSR programs.
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    (3) Prevention of Significant Deterioration (PSD) permit program. 
The Louisiana PSD portion of the SIP covers all NSR regulated 
pollutants and has been approved by EPA.\14\
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    \14\ As discussed further in the TSD.
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    (D)(i) Interstate Pollution Transport: The i-SIP must prohibit 
emissions within Louisiana from contributing significantly to the 
nonattainment of the NAAQS in other states, and from interfering with 
the maintenance of the NAAQS in other states (CAA(a)(2)(D)(i)(I)). The 
SIP must also prohibit emissions within Louisiana both from interfering 
with measures required to prevent significant deterioration in other 
states and from interfering with measures required to protect 
visibility in other states (CAA(a)(2)(D)(i)(II)).
    Fine Particulate Matter: Previously we approved the portion of 
Louisiana's 2006 PM2.5 NAAQS i-SIP which addressed the 
requirement that emissions within Louisiana be prohibited from 
contributing to the nonattainment of the NAAQS in other states, and 
from interfering with the maintenance of the NAAQS in other states (79 
FR 4436). We are not acting on the nonattainment/maintenance component 
for the 2012 PM2.5 NAAQS at this time. We expect to propose 
an action at a later date.
    Based on information presented in this submission, we are approving 
the portion of the i-SIP submittal for both the 2006 PM2.5 
NAAQS and the 2012 PM2.5 NAAQS which addresses the 
prevention of interference with PSD programs in other states. Louisiana 
has a fully acceptable PSD program. The program regulates all NSR 
pollutants, including greenhouse gas (GHG) which prevents significant 
deterioration in nearby states. Since Louisiana's Regional Haze Plan 
was not fully approved, we are disapproving the portion of the i-SIP 
which addresses the prevention of interference with measures required 
to protect visibility

[[Page 35677]]

in other states for both the 2006 PM2.5 NAAQS and the 2012 
PM2.5 NAAQS. We cannot ensure that Louisiana emissions will 
not interfere with visibility protection measures in other States.
    Lead: We propose to approve the portion of the submittal which 
addresses the requirement that emissions within Louisiana be prohibited 
from contributing to the nonattainment of the Pb NAAQS in other states, 
and from interfering with the maintenance of the Pb NAAQS in other 
states. The physical properties of Pb, which is a metal and very dense, 
prevent Pb emissions from experiencing a significant degree of travel 
in the ambient air. No complex chemistry is needed to form Pb or Pb 
compounds in the ambient air; therefore, ambient concentrations of Pb 
are typically highest near Pb sources. More specifically, there is a 
sharp decrease in ambient Pb concentrations as the distance from the 
source increases. According to EPA's report entitled Our Nation's Air: 
Status and Trends Through 2010, Pb concentrations that are not near a 
source of Pb are approximately 8 times less than the typical 
concentrations near the source.\15\ There are no areas within the State 
of Louisiana designated as nonattainment with respect to the 2008 lead 
NAAQS. LDEQ's 2015 ambient monitoring plan provided information on 
significant lead sources and their location. There are two significant 
sources of Pb emissions within the state that emit more than Pb in 
amounts equal to or exceeding 0.5 tons per year and no sources within 
two miles of a neighboring state line.
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    \15\ http://www.epa.gov/airtrends/2011/report/fullreport.pdf.
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    We are also proposing to approve the portion pertaining to the 
prevention of significant deterioration in other states for lead, as 
Louisiana has a fully acceptable PSD program. The program regulates all 
NSR pollutants, including greenhouse gas (GHG) which prevents 
significant deterioration in nearby States.
    Significant impacts from Pb emissions from stationary sources are 
limited to short distances from emitting sources, therefore, visibility 
is not effected by lead emissions.\16\ Given this information, we 
propose to approve the portion of the Pb i-SIP submittal related to the 
protection of visibility in other states.
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    \16\ More information about this is provided in the TSD.
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    Ozone: At this time we are not proposing action on the i-SIP 
submittals which address the prevention of emissions which 
significantly contribute to the nonattainment of the ozone NAAQS in 
other states, and the interference with the maintenance of the ozone 
NAAQS in other states. We plan to act on this portion of the i-SIP in a 
separate action.
    Based on information presented in this submission, we are proposing 
to approve the portion of the submittal related to the prevention of 
significant deterioration in other states, as Louisiana has a fully 
acceptable PSD program. The program regulates all NSR pollutants, 
including greenhouse gas (GHG) which prevents significant deterioration 
in nearby states. Since Louisiana's Regional Haze Plan was not fully 
approved, we also are disapproving the portion of the submittal related 
to the protection of visibility in other states.
    Nitrogen Dioxide: We propose to approve the portion of the 
submittal which addresses the prevention of emissions which 
significantly contribute to the nonattainment of the NO2 
NAAQS in other states and interfere with the maintenance of the 
NO2 NAAQS in other states. On February 17, 2012, EPA 
designated the entire country as ``unclassifiable/attainment'' for the 
2010 NO2.\17\ The available air quality data show that all 
areas in the country meet the 2010 NO2 NAAQS for 2008-2010. 
No state or tribal entity recommended an area be designated 
``nonattainment.'' As listed in our NO2 Design Values 
report,\18\ only one maintenance area exists for the prior annual 
NO2 NAAQS (Los Angeles, California). With no nonattainment 
or maintenance areas in surrounding states, Louisiana does not 
significantly contribute to nonattainment or maintenance of these NAAQS 
in any of the contiguous states. As further evidence that Louisiana's 
NO2 emissions do not contribute to nonattainment or 
maintenance of NAAQS, we reviewed more recent monitoring data for 
NO2 throughout the United States. Using previous EPA 
methodology,\19\ we evaluated specific monitors identified as having 
nonattainment and or maintenance problems, which we refer to as 
``receptors''. We identify nonattainment receptors as any monitor that 
violated the NO2 NAAQS in the most recent three year period. 
Meanwhile, we identify NO2 maintenance receptors as any 
monitor that violated the NO2 NAAQS in either of the prior 
monitoring cycles (2010-2012 and 2011-2013), but attained in the most 
recent monitoring cycle (2012-2014). During the three most recent 
design value periods of 2010 through 2012, 2011 through 2013 and 2012 
through 2014, we found no monitors violating the 2010 NO2 
NAAQS in the U.S.
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    \17\ 77 FR 9532, February 17, 2012.
    \18\ http://epa.gov/airtrends/values.html.
    \19\ See NOX SIP call, 63 FR 57371 (October 27, 
1998); CAIR, 7025172 (May 12, 2005; and Transport Rule or Cross-
State Air Pollution Rule 76 FR 48208 (August 8, 2001).
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    We are approving the portion of the submittal related to the 
prevention of significant deterioration in other states, as Louisiana 
has a fully acceptable PSD program. The program regulates all NSR 
pollutants, including greenhouse gas (GHG) which prevents significant 
deterioration in nearby states. Since Louisiana's Regional Haze Plan 
was not fully approved, we also are not approving the portion of the 
submittal related to the protection of visibility in other states.
    Sulfur Dioxide: At this time we not taking action on the portion of 
the submittal which addresses the prevention of emissions which 
significantly contribute to the nonattainment of the SO2 
NAAQS in other states and interfere with the maintenance of the 
SO2 NAAQS in other states. We expect to take action on this 
portion of the SIP submittal at a later time.
    (D)(ii) Interstate Pollution Abatement and International Air 
Pollution: In addition, states must comply with the requirements listed 
in sections 115 and 126 of the CAA which were designed to aid in the 
abatement of interstate and international pollution (CAA 
110(a)(2)(D)(ii)). Section 126(a) requires new or modified sources to 
notify neighboring states of potential impacts from the source. 
Louisiana's PSD program contains the element pertaining to notification 
to neighboring states of the issuance of PSD permits. Section 115 
relates to international pollution abatement. As there are no findings 
by EPA that air emissions originating in Louisiana affect other 
countries, we propose to approve the portions of the i-SIPs pertaining 
to CAA section 110(a)(2)(D)(ii).
    (E) Adequate authority, resources, implementation, and oversight: 
The SIP must provide for the following: (1) Necessary assurances that 
the state (and other entities within the state responsible for 
implementing the SIP) will have adequate personnel, funding, and 
authority under state or local law to implement the SIP, and that there 
are no legal impediments to such implementation; (2) compliance with 
requirements relating to state boards as explained in section 128 of 
the CAA; and (3) necessary assurances that the state has responsibility 
for ensuring

[[Page 35678]]

adequate implementation of any plan provision for which it relies on 
local governments or other entities to carry out. Both elements (A) and 
(E) address the state have adequate authority to implement and enforce 
the SIP without legal impediments.
    The i-SIP submissions for these pollutants describe the SIP 
regulations governing the various functions of personnel within the 
LDEQ, including the administrative, technical support, planning, 
enforcement, and permitting functions of the program.
    With respect to funding, La R.S. 30:2011 and the SIP require LDEQ 
to establish an emissions fee schedule for sources in order to fund the 
reasonable costs of administering various air pollution control 
programs and authorizes LDEQ to collect additional fees necessary to 
cover reasonable costs associated with processing of air permit 
applications. EPA conducts periodic program reviews to ensure that the 
state has adequate resources and funding to, among other things, 
implement and enforce the SIP.
    As required by the CAA and the SIP, the majority of the members 
that compose any board or body which approves permits or enforcement 
orders must not derive any ``significant portion'' of their income from 
persons subject to permits and enforcement orders or persons who appear 
before the board on issues related to the CAA or the Louisiana Air 
Quality Rules (La. R.S. 2014.1). The members of the board or body, or 
the head of an agency with similar powers, are required to adequately 
disclose any potential conflicts of interest.
    Louisiana has not delegated any authority to implement any of the 
provisions of its plan to local governmental entities. The LDEQ acts as 
the primary air pollution control agency.
    (F) Stationary source monitoring system: The SIP must provide for 
the establishment of a system to monitor emissions from stationary 
sources and to submit periodic emission reports. It must require the 
installation, maintenance, and replacement of equipment, and the 
implementation of other necessary steps, by owners or operators of 
stationary sources, to monitor emissions from such sources. The SIP 
shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources. It shall 
require that the state correlate the source reports with emission 
limitations or standards established under the CAA. These reports must 
be made available for public inspection at reasonable times.
    LAC 33:III Chapter 9 authorizes the LDEQ to require persons engaged 
in operations which result in air pollution to monitor or test 
emissions and to file reports containing information relating to the 
nature and amount of emissions. There are also SIP-approved state 
regulations pertaining to sampling and testing and requirements for 
reporting of emissions inventories (60 FR 02014). In addition, SIP-
approved rules establish general requirements for maintaining records 
and reporting emissions.
    The LDEQ uses this information, in addition to information obtained 
from other sources, to track progress towards maintaining the NAAQS, 
develop control and maintenance strategies, identify sources and 
general emission levels, and determine compliance with SIP-approved 
regulations and additional EPA requirements. The SIP requires this 
information be made available to the public. Provisions concerning the 
handling of confidential data and proprietary business information are 
included in the SIP-approved regulations. These rules specifically 
exclude from confidential treatment any records concerning the nature 
and amount of emissions reported by sources.
    (G) Emergency authority: The SIP must provide the LDEQ with 
authority to restrain any source from causing imminent and substantial 
endangerment to public health or welfare or the environment. The SIP 
must include an adequate contingency plan to implement LDEQ's emergency 
authority.
    La R.S 30:2011.D.15 provides LDEQ with the required authority to 
address environmental emergencies, and LDEQ has contingency plans to 
implement the emergency episode provisions in the SIP. The LDEQ 
promulgated the ``Prevention of Air Pollution Emergency Episodes,'' 
which includes contingency measures, and these provisions were approved 
into the SIP in 1989 (54 FR 9783). The episode criteria and contingency 
measures are found in 33 LAC Chapter 56.
    Louisiana has general emergency powers to address any possible 
dangerous air pollution episode if necessary to protect the environment 
and public health.
    (H) Future SIP revisions: States must have the authority to revise 
their SIPs in response to changes in the NAAQS, availability of 
improved methods for attaining the NAAQS, or in response to an EPA 
finding that the SIP is substantially inadequate to attain the NAAQS.
    La R.S. 30:2011 authorizes the LDEQ to revise the Louisiana SIP, as 
necessary, to account for revisions of an existing NAAQS, establishment 
of a new NAAQS, to attain and maintain a NAAQS, to abate air pollution, 
to adopt more effective methods of attaining a NAAQS, and to respond to 
EPA SIP calls concerning NAAQS adoption or implementation.
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that 
in the case of a plan or plan revision for areas designated as 
nonattainment areas, states must meet applicable requirements of part D 
of the CAA, relating to SIP requirements for designated nonattainment 
areas.
    However, as noted earlier, EPA believes that nonattainment area 
requirements should be treated separately from the infrastructure SIP 
requirements. The specific SIP submissions for designated nonattainment 
areas, as required under CAA title I, part D, are subject to different 
submission schedules than those for section 110 infrastructure 
elements. Instead, EPA will take action on part D attainment plan SIP 
submissions through a separate rulemaking process governed by the 
requirements for nonattainment areas, as described in part D.\20\
---------------------------------------------------------------------------

    \20\ This infrastructure SIP rulemaking will not address the 
Louisiana program for provisions related to nonattainment areas, 
since EPA considers evaluation of these provisions to be outside the 
scope of infrastructure SIP actions.
---------------------------------------------------------------------------

    (J) Consultation with government officials, public notification, 
PSD and visibility protection: The SIP must meet the following four CAA 
requirements: (1) Those listed in section 121 of the CAA, relating to 
interagency consultation; (2) those listed in section 127, relating to 
public notification of NAAQS exceedances and related issues; (3) 
prevention of significant deterioration of air quality and (4) 
visibility protection.
    (1) Interagency consultation: As required by the LAC, there must be 
a public hearing before the adoption of any regulations or emission 
control requirements, and all interested persons are given a reasonable 
opportunity to review the action that is being proposed and to submit 
data or arguments, either orally or in writing, and to examine 
witnesses testifying at the hearing (La R.S. 30:2011). In addition, the 
LAC provides the LDEQ the power and duty to establish cooperative 
agreements with local authorities, and consult with other states, the 
federal government and other interested persons or groups in regard to 
matters of common interest in the field of air quality control (La. 
R.S. 30:2032). Furthermore, the Louisiana PSD SIP rules mandate that 
the LDEQ provide for

[[Page 35679]]

public participation and notification regarding permitting applications 
to any other state or local air pollution control agencies, local 
government officials of the city or county where the source will be 
located, tribal authorities, and Federal Land Manager (FLMs) whose 
lands may be affected by emissions from the source or modification (LAC 
33:III.509). Additionally, the State's PSD SIP rules require the LDEQ 
to consult with FLMs regarding permit applications for sources with the 
potential to impact Class I Federal Areas. The SIP also includes a 
commitment to consult continually with the FLMs on the review and 
implementation of the visibility program. Louisiana recognizes the 
expertise of the FLMs in monitoring, as well as new source review 
applicability analyses for visibility. The State has agreed to notify 
the FLMs of any advance notification or early consultation with a new 
or modifying source prior to the submission of a permit application. 
Likewise, the State's Transportation Conformity SIP rules provide for 
interagency consultation, resolution of conflicts, and public 
notification.
    (2) Public Notification: On January 10, 1980, the Governor 
submitted final revisions to the ambient monitoring portion of the 
plan. These revisions were included into the SIP on August 6, 1981 (46 
FR 40005). This portion of the SIP includes requirements for public 
notification of information related to air quality standards violation 
included in Part 51 in order to meet the requirements of Section 127 of 
the Act, requiring the LDEQ to regularly notify the public of instances 
or areas in which any NAAQS are exceeded. In addition, as discussed for 
infrastructure element B above, the LDEQ air monitoring Web site 
provides quality data for each of the monitoring stations in Louisiana; 
this data is provided instantaneously for certain pollutants, such as 
ozone. The Web site also provides information on the health effects of 
lead, ozone, particulate matter, and other criteria pollutants.
    (3) PSD and Visibility Protection: The PSD requirements for this 
element are the same as those addressed under element (C) above. As was 
mentioned earlier, the State has a PSD program, so this requirement has 
been met. The Louisiana SIP requirements relating to visibility and 
regional haze are not affected when EPA establishes or revises a NAAQS. 
Therefore, EPA believes that there are no new visibility protection 
requirements due to the revision of the NAAQS, and consequently there 
are no newly applicable visibility protection obligations pursuant to 
infrastructure element (J).
    (K) Air quality and modeling/data: The SIP must provide for 
performing air quality modeling, as prescribed by EPA, to predict the 
effects on ambient air quality of any emissions of any NAAQS pollutant, 
and for submission of such data to EPA upon request.
    The LDEQ has the power and duty, under La R.S. 30:2011 et seq. to 
develop facts and investigate providing for the functions of 
environmental air quality assessment. Past modeling and emissions 
reductions measures have been submitted by the State and approved into 
the SIP. Additionally, Louisiana has the ability to perform modeling 
for primary and secondary NAAQS on a case by case permit basis 
consistent with their SIP-approved PSD rules and with EPA guidance.
    The La R.S. authorizes and requires LDEQ to cooperate with the 
federal government and local authorities concerning matters of common 
interest in the field of air quality control, thereby allowing the 
agency to make such submissions to the EPA.
    (L) Permitting Fees: The SIP must require each major stationary 
source to pay permitting fees to the permitting authority, as a 
condition of any permit required under the CAA, to cover the cost of 
reviewing and acting upon any application for such a permit, and, if 
the permit is issued, the costs of implementing and enforcing the terms 
of the permit. The fee requirement applies until a fee program 
established by the state pursuant to Title V of the CAA, relating to 
operating permits, is approved by EPA.
    The State has met this requirement as it has a fully developed fee 
system in place which is outlined in LAC:III Chapter 2 and is approved 
as part of the SIP. See element (E) above for the description of the 
mandatory collection of permitting fees outlined in the SIP.
    (M) Consultation/participation by affected local entities: The SIP 
must provide for consultation and participation by local political 
subdivisions affected by the SIP.
    See the discussion for element (J) above for a description of the 
SIP's public participation process, the authority to advise and 
consult, and the PSD SIP's public participation requirements. 
Additionally, the state noted that La R.S. 30: 2011(D)(21) also 
requires initiation of cooperative action between local authorities and 
the LDEQ, between one local authority and another, or among any 
combination of local authorities and the LDEQ for control of air 
pollution in areas having related air pollution problems that overlap 
the boundaries of political subdivisions, and entering into agreements 
and compacts with adjoining states and Indian tribes, where 
appropriate. The transportation conformity component of the Louisiana 
SIP requires that interagency consultation and opportunity for public 
involvement be provided before making transportation conformity 
determinations and before adopting applicable SIP revisions on 
transportation-related issues. (LAC 33:III1434)

III. Proposed Action

    EPA is proposing to approve in part the May 11, 2011, October 14, 
2011, June 7, 2013 and December 16, 2015 infrastructure SIP 
submissions from Louisiana, which address the requirements of CAA 
sections 110(a)(1) and (2) as applicable to the 2006 PM2.5, 
2008 Pb, 2008 O3, 2010 NO2, 2010 SO2, 
and 2012 PM2.5 NAAQS. The table below outlines the specific 
actions EPA is proposing to take.

                   Proposed Action on Louisiana Infrastructure SIP Submittal for Various NAAQS
----------------------------------------------------------------------------------------------------------------
              Element                2006 PM2.5    2008 Pb     2008 Ozone    2010 NO2     2010 SO2    2012 PM2.5
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other               A            A            A            A            A            A
 control measures.................
(B): Ambient air quality                     A            A            A            A            A            A
 monitoring and data system.......
(C)(i): Enforcement of SIP                   A            A            A            A            A            A
 measures.........................
(C)(ii): PSD program for major               A            A            A            A            A            A
 sources and major modifications..
(C)(iii): Permitting program for             A            A            A            A            A            A
 minor sources and minor
 modifications....................
(D)(i)(I): Contribute to                    A*            A    No action            A    No action    No action
 nonattainment/interfere with
 maintenance of NAAQS
 (requirements 1 and 2)...........

[[Page 35680]]

 
(D)(i)(II): PSD (requirement 3)...           A            A            A            A            A            A
(D)(i)(II): Visibility Protection            D            A            D            D            D            D
 (requirement 4)..................
(D)(ii): Interstate and                      A            A            A            A            A            A
 International Pollution Abatement
(E)(i): Adequate resources........           A            A            A            A            A            A
(E)(ii): State boards.............           A            A            A            A            A            A
(E)(iii): Necessary assurances               A            A            A            A            A            A
 with respect to local agencies...
(F): Stationary source monitoring            A            A            A            A            A            A
 system...........................
(G): Emergency power..............           A            A            A            A            A            A
(H): Future SIP revisions.........           A            A            A            A            A            A
(I): Nonattainment area plan or              +            +            +            +            +            +
 plan revisions under part D......
(J)(i): Consultation with                    A            A            A            A            A            A
 government officials.............
(J)(ii): Public notification......           A            A            A            A            A            A
(J)(iii): PSD.....................           A            A            A            A            A            A
(J)(iv): Visibility protection....           +            +            +            +            +            +
(K): Air quality modeling and data           A            A            A            A            A            A
(L): Permitting fees..............           A            A            A            A            A            A
(M): Consultation and                        A            A            A            A            A            A
 participation by affected local
 entities.........................
----------------------------------------------------------------------------------------------------------------
Key to Table 1: Proposed action on LA infrastructure SIP submittals for various NAAQS
A--Approve
A*--Approved at an earlier date
+--Not germane to infrastructure SIPs
No action--EPA is taking no action on this infrastructure requirements
NA--Not applicable
D--Disapprove

    Based upon review of the state's infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in these submissions or referenced in Louisiana's SIP, EPA believes 
that Louisiana has the infrastructure in place to address all 
applicable required elements of sections 110(a)(1) and (2) (except as 
noted in table above) to ensure that the 2006 PM2.5, 2008 
Pb, 2008 O3, 2010 NO2, 2010 SO2, and 
2012 PM2.5 NAAQS are implemented in the state.

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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the proposed 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Interstate transport of 
pollution, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

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

    Dated: May 18, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-13032 Filed 6-2-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                    35674                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    any personal information you have                       between the hours of 6:00 p.m. and                     transit at the slowest safe speed and
                                                    provided. For more about privacy and                    11:00 p.m.                                             comply with all lawful directions issued
                                                    the docket, you may review a Privacy                      (4) St. John the Baptist Independence                by the COTP New Orleans or the
                                                    Act notice regarding the Federal Docket                 Day Celebration fireworks display,                     designated representative.
                                                    Management System in the March 24,                      Edgard, LA. (i) Location. All waters of                   (c) Information Broadcasts. The COTP
                                                    2005, issue of the Federal Register (70                 the Lower Mississippi River from mile                  New Orleans or designated
                                                    FR 15086).                                              marker 137.5 to mile marker 138.5                      representative will inform the public
                                                      Documents mentioned in this NPRM                      Above Head of Passes.                                  through broadcast notices to mariners of
                                                    as being available in the docket, and all                 (ii) Effective date and time. June 30,               the enforcement periods for the safety
                                                    public comments, will be in our online                  2016, for one hour in the evening                      zones as well as any changes in the
                                                    docket at http://www.regulations.gov                    between the hours of 6:00 p.m. and                     planned schedules.
                                                    and can be viewed by following that                     11:00 p.m.                                               Dated: May 13, 2016.
                                                    Web site’s instructions. Additionally, if                 (5) L’Auberge Casino Independence
                                                                                                                                                                   P.C. Schifflin,
                                                    you go to the online docket and sign up                 Day Celebration fireworks display,
                                                                                                            Baton Rouge, LA. (i) Location. All                     Captain, U.S. Coast Guard, Captain of the
                                                    for email alerts, you will be notified                                                                         Port New Orleans.
                                                    when comments are posted or a final                     waters of the Lower Mississippi River
                                                                                                            from mile marker 216.0 to mile 217.0                   [FR Doc. 2016–13119 Filed 6–2–16; 8:45 am]
                                                    rule is published.
                                                                                                            Above Head of Passes.                                  BILLING CODE 9110–04–P
                                                    List of Subjects in 33 CFR Part 165                       (ii) Effective date and time. July 4,
                                                      Marine safety, Navigation (water),                    2016, for one hour in the evening
                                                    Reporting and recordkeeping                             between the hours of 6:00 p.m. and                     ENVIRONMENTAL PROTECTION
                                                    requirements, Security measures,                        11:00 p.m.                                             AGENCY
                                                    Waterways.                                                (6) City of Mandeville Independence
                                                                                                            Day Celebration fireworks display,                     40 CFR Part 52
                                                      For the reasons discussed in the
                                                    preamble, the Coast Guard proposes to                   Mandeville, LA. (i) Location. All waters               [EPA–R06–OAR–2013–0465; FRL–9947–24–
                                                    amend 33 CFR part 165 as follows:                       of Lake Pontchartrain extending 600 feet               Region 6]
                                                                                                            in any direction from 30° 21.200 N.,
                                                    PART 165—REGULATED NAVIGATION                           090° 04.500 W.                                         Approval and Promulgation of Air
                                                    AREAS AND LIMITED ACCESS AREAS                            (ii) Effective date and time. July 4,                Quality Implementation Plans;
                                                                                                            2016, for one hour in the evening                      Louisiana; Infrastructure State
                                                    ■ 1. The authority citation for part 165                between the hours of 6:00 p.m. and                     Implementation Plan Requirements for
                                                    continues to read as follows:                           11:00 p.m.                                             the National Ambient Air Quality
                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;               (7) American Psychological                           Standards
                                                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Association Convention fireworks
                                                                                                            display, New Orleans, LA. (i) Location.                AGENCY:  Environmental Protection
                                                    Department of Homeland Security Delegation
                                                    No. 0170.1.                                             All waters of the Lower Mississippi                    Agency (EPA).
                                                                                                            River from mile marker 94.0 to mile                    ACTION: Proposed rule.
                                                    ■ 2. Add § 165.T08–0340 to read as
                                                    follows:                                                marker 95.0 Above Head of Passes.                      SUMMARY:   The Environmental Protection
                                                                                                              (ii) Effective date and time. September
                                                                                                                                                                   Agency (EPA) is proposing to approve
                                                    § 165.T08–0340 Safety Zones; Captain of                 23, 2016, for one hour in the evening
                                                                                                                                                                   elements of a State Implementation Plan
                                                    the Port New Orleans Zone; New Orleans to               between the hours of 6:00 p.m. and
                                                    Baton Rouge, LA.                                                                                               (SIP) submission from the State of
                                                                                                            11:00 p.m.
                                                                                                              (b) Regulations. (1) In accordance                   Louisiana for National Ambient Air
                                                      (a) Safety zones. The following areas
                                                                                                            with the general regulations in § 165.23               Quality Standards (NAAQS) for fine
                                                    are safety zones:
                                                                                                            of this part, entry into these zones is                particulate matter (PM2.5), lead (Pb),
                                                      (1) Fireworks display, New Orleans,
                                                                                                            prohibited unless specifically                         ozone (O3), nitrogen dioxide (NO2), and
                                                    LA. (i) Location. All waters of the Lower
                                                                                                            authorized by the Captain of the Port                  sulfur dioxide (SO2). This submission
                                                    Mississippi River from mile marker 94.0
                                                                                                            (COTP) New Orleans or designated                       addresses how the existing SIP provides
                                                    to mile marker 95.0 Above Head of
                                                                                                            personnel. Designated personnel                        for implementation, maintenance, and
                                                    Passes.
                                                      (ii) Effective date and time. June 15,                include commissioned, warrant and                      enforcement of the NAAQS for these
                                                    2016, for one hour in the evening                       petty officers of the U.S. Coast Guard                 pollutants (also referred to as an
                                                    between the hours of 6:00 p.m. and                      assigned to units under the operational                infrastructure SIP or i-SIP). These i-SIPs
                                                    11:00 p.m.                                              control of USCG Sector New Orleans.                    ensure that the State’s SIP is adequate
                                                      (2) LLamasoft Convention fireworks                    For each event, the COTP New Orleans                   to meet the state’s responsibilities under
                                                    display, New Orleans, LA. (i) Location.                 designated representative will be                      the Federal Clean Air Act (CAA).
                                                    All waters of the Lower Mississippi                     announced via Marine Safety                            DATES: Written comments must be
                                                    River from mile marker 94.5 to mile                     Information Bulletin and Notice to                     received on or before July 5, 2016.
                                                    marker 95.5 Above Head of Passes.                       Mariners.                                              ADDRESSES: Submit your comments,
                                                      (ii) Effective date and time. June 16,                   (2) Vessels requiring deviation from                identified by Docket No. EPA–R06–
                                                    2016, for one hour in the evening                       this rule must request permission from                 OAR–2013–0465, at http://
                                                    between the hours of 6:00 p.m. and                      the COTP New Orleans or a COTP New                     www.regulations.gov or via email to
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    11:00 p.m.                                              Orleans designated representative. They                fuerst.sherry@epa.gov. Follow the
                                                      (3) U.S. Travel Association fireworks                 may be contacted via the U.S. Coast                    online instructions for submitting
                                                    display, New Orleans, LA. (i) Location.                 Guard Sector New Orleans Command                       comments. Once submitted, comments
                                                    All waters of the Lower Mississippi                     Center, via VHF–FM Channel 16 or by                    cannot be edited or removed from
                                                    River from mile marker 95.7 to mile                     phone at (504) 365–2200.                               Regulations.gov. The EPA may publish
                                                    marker 96.7 Above Head of Passes.                          (3) Persons and vessels permitted to                any comment received to its public
                                                      (ii) Effective date and time. June 22,                deviate from this safety zone regulation               docket. Do not submit electronically any
                                                    2016, for one hour in the evening                       and enter the restricted areas must                    information you consider to be


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                                                                               Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                                   35675

                                                    Confidential Business Information (CBI)                 periodic review of the NAAQS for Pb,                   (1) the portions of the 2008 ozone
                                                    or other information whose disclosure is                we revised the NAAQS to 0.15 mg/m3 for                 NAAQS submittal that pertain to
                                                    restricted by statute. Multimedia                       both the primary and secondary                         interstate transport of Louisiana
                                                    submissions (audio, video, etc.) must be                standards (73 FR 66964). On March 27,                  emissions which will significantly
                                                    accompanied by a written comment.                       2008, following a periodic review, EPA                 contribute to nonattainment of the
                                                    The written comment is considered the                   revised the primary and secondary O3                   NAAQS in other states, (2) the portion
                                                    official comment and should include                     NAAQS (73 FR 16205) to establish a                     of the 2010 SO2 NAAQS submittal that
                                                    discussion of all points you wish to                    new primary standard of 0.075 parts per                pertains to interstate transport of
                                                    make. The EPA will generally not                        million (ppm), expressed to three                      Louisiana emissions to other states, and
                                                    consider comments or comment                            decimal places, based on a 3-year                      (3) the portions which will interfere
                                                    contents located outside of the primary                 average of the fourth-highest maximum                  with visibility protection measures in
                                                    submission (i.e. on the web, cloud, or                  8-hour average concentration, and                      other states for the 2006 and 2012 PM2.5,
                                                    other file sharing system). For                         revised the current 8-hour standard by                 2008 Pb, 2008 O3, 2010 NO2, and 2010
                                                    additional submission methods, please                   making it identical to the revised                     SO2 NAAQS. We will take separate
                                                    contact Sherry Fuerst, (214) 665–6454,                  primary standard.                                      action on the portions of the 2008 ozone
                                                    fuerst.sherry@epa.gov. For the full EPA                    Likewise, on February 9, 2010, EPA                  and 2010 SO2 NAAQS submittal that
                                                    public comment policy, information                      revised the primary national ambient air               pertain to significant contribution to
                                                    about CBI or multimedia submissions,                    quality standard for oxides of nitrogen                nonattainment or interference with
                                                    and general guidance on making                          as measured by nitrogen dioxide (NO2),                 maintenance of the NAAQS in other
                                                    effective comments, please visit http://                for 1-hour standard at a level of 100                  states. We have disapproved portions of
                                                    www2.epa.gov/dockets/commenting-                        ppb, based on the 3-year average of the                the Louisiana Regional Haze Plan
                                                    epa-dockets.                                            98th percentile of the yearly distribution             submittal that pertain to interference
                                                       Docket: The index to the docket for                  of 1-hour daily maximum                                with visibility protection measures in
                                                    this action is available electronically at              concentrations, to supplement the                      other states (77 FR 39425). LDEQ and
                                                    www.regulations.gov and in hard copy                    existing annual standard (75 FR 6474).                 EPA are currently working on a revised
                                                    at EPA Region 6, 1445 Ross Avenue,                      EPA also established requirements for                  Louisiana Regional Haze Plan.
                                                    Suite 700, Dallas, Texas. While all                     an NO2 monitoring network that
                                                    documents in the docket are listed in                   includes monitors at locations where                   II. EPA’s Evaluation of Louisiana’s
                                                    the index, some information may be                      maximum NO2 concentrations are                         NAAQS Infrastructure Submissions
                                                    publicly available only at the hard copy                expected to occur, including within 50                   Below is a summary of EPA’s
                                                    location (e.g., copyrighted material), and              meters of major roadways, as well as                   evaluation of the Louisiana i-SIP for
                                                    some may not be publicly available at                   monitors sited to measure the area-wide                each applicable element of 110(a)(2) A–
                                                    either location (e.g., CBI).                            NO2 concentrations that occur more                     M.4 Louisiana provided a demonstration
                                                    FOR FURTHER INFORMATION CONTACT:                        broadly across communities. (75 FR                     of how the existing Louisiana SIP meets
                                                    Sherry Fuerst, (214) 665–6454,                          6474).                                                 the requirements of the 2006 PM2.5
                                                    fuerst.sherry@epa.gov. To inspect the                      Additionally, on June 22, 2010, the                 NAAQS, on May 11, 2011; 2008 Pb
                                                    hard copy materials, please schedule an                 EPA revised the primary SO2 NAAQS to                   NAAQS on October 14, 2011; 2008 O3,
                                                    appointment with her or Bill Deese at                   establish a new 1-hour standard, with a                2010 NO2, 2010 SO2 NAAQS on June 7,
                                                    (214) 665–7253.                                         level of 75 ppb, based on the 3-year                   2013 and the 2012 PM2.5 NAAQS on
                                                    SUPPLEMENTARY INFORMATION:                              average of the annual 99th percentile of               December 16, 2015. The 2006 PM2.5,
                                                    Throughout this document ‘‘we,’’ ‘‘us,’’                1-hour daily maximum concentrations                    2008 Pb, 2008 O3, 2010 NO2 and 2010
                                                    or ‘‘our’’ mean EPA.                                    (75 FR 35520).                                         SO2 SIP submissions are complete by
                                                                                                               Each state must submit an i-SIP                     operation of law.5 The 2012 PM2.5
                                                    I. Background                                           within three years after the                           submission was reviewed and
                                                       On October 17, 2006, following a                     promulgation of a new or revised                       determined to be complete.
                                                    periodic review of the NAAQS for                        NAAQS. Section 110(a)(2) of the CAA                      (A) Emission limits and other control
                                                    PM2.5, EPA revised the PM 2.5 NAAQS.1                   includes a list of specific elements the               measures: The SIP must include
                                                    The 24-hour standard was revised to 35                  i-SIP must meet. In an effort to assist                enforceable emission limits and other
                                                    micrograms per cubic meter (mg/m3),                     states in complying with this                          control measures, means or techniques,
                                                    and the annual standard was revised to                  requirement, EPA issued guidance                       schedules for compliance and other
                                                    15 mg/m3 (71 FR 61144). On December                     addressing the i-SIP elements for                      related matters as needed to implement,
                                                    14, 2012, we promulgated a revised                      NAAQS.2
                                                    primary annual PM2.5 NAAQS (78 FR                          The Secretary of the Louisiana                      reviewing i-SIPs; the details of the SIP submittal
                                                    3086). The primary annual standard was                  Department of Environmental Quality                    and EPA’s evaluation; the effect of recent court
                                                    revised to 12.0 mg/m3, and we retained                  (LDEQ) submitted i-SIP revisions to                    decisions on i-SIPs; the statute and regulatory
                                                                                                                                                                   citations in the Louisiana SIP specific to this
                                                    the 24-hour PM2.5 standard of 35 mg/m3                  address the revised NAAQS.                             review; the specific i-SIP applicable CAA and EPA
                                                    (78 FR 3086). In 2008, following a                         With the exception of the certain                   regulatory citations; Federal Register Notice
                                                                                                            portions that pertain to interstate                    citations for Louisiana SIP approvals; Louisiana’s
                                                       1 Additional information on: The history of the      transport, EPA is proposing to approve                 minor New Source Review program and EPA
                                                    pollutants, its levels, forms and, determination of                                                            approval activities; and, Louisiana‘s Prevention of
                                                                                                            the Louisiana i-SIP submittals for these               Significant Deterioration (PSD) program can be
                                                    compliance; EPA’s approach for reviewing i-SIPs;
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                                                    the details of the SIPs submittal and EPA’s
                                                                                                            pollutant NAAQS.3 The exceptions are                   found in the Technical Support Document (TSD).
                                                                                                                                                                      4 A detailed discussion of our evaluation can be
                                                    evaluation; the effect of recent court decisions on
                                                                                                              2 ‘‘Guidance on Infrastructure State                 found in the TSD for this action. The TSD can be
                                                    i-SIPs; the statute and regulatory citations in the
                                                    Louisiana SIP specific to this review; the specific     Implementation Plan (SIP) Elements under Clean         accessed through www.regulations.gov (e-docket
                                                    i-SIP applicable CAA and EPA regulatory citation;       Air Act sections 110(a)(1) and 110(a)(2),’’            EPA–R06–OAR–2013–0465).
                                                    Federal Register Louisiana minor New Source             Memorandum from Stephen D. Page, September 13,            5 These SIP submissions became complete by

                                                    Review program and EPA approval activities; and         2013.                                                  operation of law on November 11, 2012 (2006
                                                    Louisiana’s Prevention of Significant Deterioration       3 Additional information on: The history of the      PM2.5), April 14, 2012 (2008 Pb), and December 7,
                                                    (PSD) program can be found in the Technical             priority pollutants, their levels, forms and,          2013 (2008 O3, 2010 NO2, and 2010 SO2). See CAA
                                                    Support Document (TSD).                                 determination of compliance; EPA’s approach for        section 110(k)(1)(B).



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                                                    35676                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    maintain and enforce each of the                        following the EPA regulations. The                     of stationary sources to protect the
                                                    NAAQS.6 The Louisiana Air Control                       monitoring network was approved into                   NAAQS. The Louisiana minor NSR
                                                    Law found in the Louisiana                              the SIP and it undergoes recurrent                     permitting requirements are approved as
                                                    Environmental Quality Act at Louisiana                  annual review by EPA.9 In addition,                    part of the SIP.13
                                                    Revised Statute (La R.S.)30:2054                        LDEQ conducts a recurrent assessment                      (3) Prevention of Significant
                                                    provides the Secretary of the                           of its monitoring network every five                   Deterioration (PSD) permit program.
                                                    Department of Environmental Quality                     years, as required by EPA rules. The                   The Louisiana PSD portion of the SIP
                                                    with broad legal authority. The                         most recent of these 5-year monitoring                 covers all NSR regulated pollutants and
                                                    Secretary can adopt emission standards                  network assessments was conducted by                   has been approved by EPA.14
                                                    and compliance schedules which are                      LDEQ and approved by EPA.10 The                           (D)(i) Interstate Pollution Transport:
                                                    applicable to regulated entities;                       LDEQ Web site provides the monitor                     The i-SIP must prohibit emissions
                                                    emission standards and limitations and                  locations and posts past and current                   within Louisiana from contributing
                                                    any other measures necessary for                        concentrations of criteria pollutants                  significantly to the nonattainment of the
                                                    attainment and maintenance of national                  measured in the State’s network of                     NAAQS in other states, and from
                                                    standards. The Secretary can also                       monitors.11                                            interfering with the maintenance of the
                                                    enforce applicable laws, regulations,                      (C) Program for enforcement of                      NAAQS in other states
                                                    standards and compliance schedules,                     control measures: The SIP must include                 (CAA(a)(2)(D)(i)(I)). The SIP must also
                                                    and seek injunctive relief. This                        the following three elements: (1) A                    prohibit emissions within Louisiana
                                                    authority has been employed in the past                 program providing for enforcement of                   both from interfering with measures
                                                    to adopt and submit multiple revisions                  the measures in paragraph A above; (2)                 required to prevent significant
                                                    to the Louisiana State Implementation                   a program for the regulation of the                    deterioration in other states and from
                                                    Plan. The approved SIP for Louisiana is                 modification and construction of                       interfering with measures required to
                                                    documented at 40 CFR part 52.970,                       stationary sources as necessary to                     protect visibility in other states
                                                    subpart T.7 LDEQ’s air quality rules and                protect the applicable NAAQS (i.e.,                    (CAA(a)(2)(D)(i)(II)).
                                                                                                            state-wide permitting of minor sources);                  Fine Particulate Matter: Previously we
                                                    standards are codified at Title 33, Part
                                                                                                            and (3) a permit program to meet the                   approved the portion of Louisiana’s
                                                    III of the Louisiana Administrative Code
                                                                                                            major source permitting requirements of                2006 PM2.5 NAAQS i-SIP which
                                                    (LAC). Numerous parts of the
                                                                                                            the CAA (for areas designated as                       addressed the requirement that
                                                    regulations codified into 33 LAC
                                                                                                            attainment or unclassifiable for the                   emissions within Louisiana be
                                                    necessary for implementing and
                                                                                                            NAAQS in question).12                                  prohibited from contributing to the
                                                    enforcing the NAAQS have been
                                                                                                               (1) Enforcement of SIP Measures. As                 nonattainment of the NAAQS in other
                                                    adopted into the SIP.8
                                                       (B) Ambient air quality monitoring/                  noted in (A), the state statutes provide               states, and from interfering with the
                                                    data system: The SIP must provide for:                  authority for the LDEQ and its Secretary               maintenance of the NAAQS in other
                                                                                                            to enforce the requirements of the LAC,                states (79 FR 4436). We are not acting
                                                    Establishment and implementation of
                                                                                                            and any regulations, permits, or final                 on the nonattainment/maintenance
                                                    ambient air quality monitors, collection
                                                                                                            compliance orders. These statutes also                 component for the 2012 PM2.5 NAAQS
                                                    and analysis of ambient air quality data,
                                                                                                            provide the LDEQ and its Secretary with                at this time. We expect to propose an
                                                    and authority to provide such data to
                                                                                                            general enforcement powers. Among                      action at a later date.
                                                    EPA upon request.                                                                                                 Based on information presented in
                                                       The La R.S. Chapter 2 provides LDEQ                  other things, they can file lawsuits to
                                                                                                            compel compliance with the statutes                    this submission, we are approving the
                                                    with the authority to collect air quality
                                                                                                            and regulations; commence civil                        portion of the i-SIP submittal for both
                                                    monitoring data, quality-assure the
                                                                                                            actions; issue field citations; conduct                the 2006 PM2.5 NAAQS and the 2012
                                                    results, and report the data. LDEQ
                                                                                                            investigations of regulated entities;                  PM2.5 NAAQS which addresses the
                                                    maintains and operates a monitoring                                                                            prevention of interference with PSD
                                                    network to measure levels of the                        collect criminal and civil penalties;
                                                                                                            develop and enforce rules and standards                programs in other states. Louisiana has
                                                    pollutants in accordance with EPA                                                                              a fully acceptable PSD program. The
                                                    regulations specifying siting and                       related to protection of air quality; issue
                                                                                                            compliance orders; pursue criminal                     program regulates all NSR pollutants,
                                                    monitoring requirements. All                                                                                   including greenhouse gas (GHG) which
                                                    monitoring data is measured using EPA                   prosecutions; investigate, enter into
                                                                                                            remediation agreements; and issue                      prevents significant deterioration in
                                                    approved methods and subject to the                                                                            nearby states. Since Louisiana’s
                                                    EPA quality assurance requirements.                     emergency cease and desist orders. The
                                                                                                            LAC also provides additional                           Regional Haze Plan was not fully
                                                    LDEQ submits all required data to EPA,                                                                         approved, we are disapproving the
                                                                                                            enforcement authorities and funding
                                                      6 The specific nonattainment area plan                mechanisms.                                            portion of the i-SIP which addresses the
                                                    requirements of section 110(a)(2)(I) are subject to        (2) Minor New Source Review. The                    prevention of interference with
                                                    the timing requirements of section 172, not the         SIP is required to include measures to                 measures required to protect visibility
                                                    timing requirement of section 110(a)(1). Thus,
                                                    section 110(a)(2)(A) does not require that states
                                                                                                            regulate construction and modification                   13 EPA is not proposing to approve or disapprove
                                                    submit regulations or emissions limits specifically                                                            the existing Louisiana minor NSR program to the
                                                                                                              9A   copy of the 2015 Annual Air Monitoring
                                                    for attaining the 2006 PM2.5, 2008 Pb, 2008 O3, 2010                                                           extent that it may be inconsistent with EPA’s
                                                    NO2, 2010 SO2 or 2012 PM2.5 NAAQS. Those SIP            Network Plan and EPA’s approval letter are             regulations governing this program. EPA has
                                                    provisions are due as part of each state’s attainment   included in the docket for this proposed               maintained that the CAA does not require that new
                                                    plan, and will be addressed separately from the         rulemaking.                                            infrastructure SIP submissions correct any defects
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                                                    requirements of section 110(a)(2)(A). In the context       10 A copy of LDEQ’s 2010 5-year ambient
                                                                                                                                                                   in existing EPA-approved provisions of minor NSR
                                                    of an infrastructure SIP, EPA is not evaluating the     monitoring network assessment and EPA’s approval       programs in order for EPA to approve the
                                                    existing SIP provisions for this purpose. Instead,      letter are included in the docket for this proposed    infrastructure SIP for element C (e.g., 76 FR 41076–
                                                    EPA is only evaluating whether the state’s SIP has      rulemaking.                                            41079, July 13 2011). EPA believes that a number
                                                    basic structural provisions for the implementation         11 See http://airquality.deq.louisiana.gov/ and     of states may have minor NSR provisions that are
                                                    of the NAAQS.                                           http://www.deq.louisiana.gov/portal/DIVISIONS/         contrary to the existing EPA regulations for this
                                                      7 http://www.ecfr.gov/cgi-bin/text-idx?SID=           Assessment/AirFieldServices/AmbientAir                 program. The statutory requirements of section
                                                    6e98cdf87e1b896da1b0a8cc2d2f69d6&mc=true&               MonitoringProgram/AmbientAirMonitoringDataand          110(a)(2)(C) provide for considerable flexibility in
                                                    node=sp40.3.52.t&rgn=div6.                              Reports.aspx.                                          designing minor NSR programs.
                                                      8 See the TSD for additional information.                12 As discussed in further detail in the TSD.         14 As discussed further in the TSD.




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                                                                               Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                            35677

                                                    in other states for both the 2006 PM2.5                 emissions which significantly                           NAAQS in either of the prior
                                                    NAAQS and the 2012 PM2.5 NAAQS.                         contribute to the nonattainment of the                  monitoring cycles (2010–2012 and
                                                    We cannot ensure that Louisiana                         ozone NAAQS in other states, and the                    2011–2013), but attained in the most
                                                    emissions will not interfere with                       interference with the maintenance of the                recent monitoring cycle (2012–2014).
                                                    visibility protection measures in other                 ozone NAAQS in other states. We plan                    During the three most recent design
                                                    States.                                                 to act on this portion of the i-SIP in a                value periods of 2010 through 2012,
                                                       Lead: We propose to approve the                      separate action.                                        2011 through 2013 and 2012 through
                                                    portion of the submittal which                             Based on information presented in                    2014, we found no monitors violating
                                                    addresses the requirement that                          this submission, we are proposing to                    the 2010 NO2 NAAQS in the U.S.
                                                    emissions within Louisiana be                           approve the portion of the submittal                       We are approving the portion of the
                                                    prohibited from contributing to the                     related to the prevention of significant                submittal related to the prevention of
                                                    nonattainment of the Pb NAAQS in                        deterioration in other states, as                       significant deterioration in other states,
                                                    other states, and from interfering with                 Louisiana has a fully acceptable PSD                    as Louisiana has a fully acceptable PSD
                                                    the maintenance of the Pb NAAQS in                      program. The program regulates all NSR                  program. The program regulates all NSR
                                                    other states. The physical properties of                pollutants, including greenhouse gas                    pollutants, including greenhouse gas
                                                    Pb, which is a metal and very dense,                    (GHG) which prevents significant                        (GHG) which prevents significant
                                                    prevent Pb emissions from experiencing                  deterioration in nearby states. Since                   deterioration in nearby states. Since
                                                    a significant degree of travel in the                   Louisiana’s Regional Haze Plan was not                  Louisiana’s Regional Haze Plan was not
                                                    ambient air. No complex chemistry is                    fully approved, we also are                             fully approved, we also are not
                                                    needed to form Pb or Pb compounds in                    disapproving the portion of the                         approving the portion of the submittal
                                                    the ambient air; therefore, ambient                     submittal related to the protection of                  related to the protection of visibility in
                                                    concentrations of Pb are typically                      visibility in other states.                             other states.
                                                    highest near Pb sources. More                              Nitrogen Dioxide: We propose to                         Sulfur Dioxide: At this time we not
                                                    specifically, there is a sharp decrease in              approve the portion of the submittal                    taking action on the portion of the
                                                    ambient Pb concentrations as the                        which addresses the prevention of                       submittal which addresses the
                                                    distance from the source increases.                     emissions which significantly                           prevention of emissions which
                                                    According to EPA’s report entitled Our                  contribute to the nonattainment of the                  significantly contribute to the
                                                    Nation’s Air: Status and Trends                         NO2 NAAQS in other states and                           nonattainment of the SO2 NAAQS in
                                                    Through 2010, Pb concentrations that                    interfere with the maintenance of the                   other states and interfere with the
                                                    are not near a source of Pb are                         NO2 NAAQS in other states. On                           maintenance of the SO2 NAAQS in
                                                    approximately 8 times less than the                     February 17, 2012, EPA designated the                   other states. We expect to take action on
                                                    typical concentrations near the source.15               entire country as ‘‘unclassifiable/                     this portion of the SIP submittal at a
                                                    There are no areas within the State of                  attainment’’ for the 2010 NO2.17 The                    later time.
                                                                                                            available air quality data show that all                   (D)(ii) Interstate Pollution Abatement
                                                    Louisiana designated as nonattainment
                                                                                                            areas in the country meet the 2010 NO2                  and International Air Pollution: In
                                                    with respect to the 2008 lead NAAQS.
                                                                                                            NAAQS for 2008–2010. No state or                        addition, states must comply with the
                                                    LDEQ’s 2015 ambient monitoring plan
                                                                                                            tribal entity recommended an area be                    requirements listed in sections 115 and
                                                    provided information on significant lead
                                                                                                            designated ‘‘nonattainment.’’ As listed                 126 of the CAA which were designed to
                                                    sources and their location. There are
                                                                                                            in our NO2 Design Values report,18 only                 aid in the abatement of interstate and
                                                    two significant sources of Pb emissions
                                                                                                            one maintenance area exists for the                     international pollution (CAA
                                                    within the state that emit more than Pb
                                                                                                            prior annual NO2 NAAQS (Los Angeles,                    110(a)(2)(D)(ii)). Section 126(a) requires
                                                    in amounts equal to or exceeding 0.5
                                                                                                            California). With no nonattainment or                   new or modified sources to notify
                                                    tons per year and no sources within two                                                                         neighboring states of potential impacts
                                                                                                            maintenance areas in surrounding
                                                    miles of a neighboring state line.                                                                              from the source. Louisiana’s PSD
                                                       We are also proposing to approve the                 states, Louisiana does not significantly
                                                                                                            contribute to nonattainment or                          program contains the element pertaining
                                                    portion pertaining to the prevention of
                                                                                                            maintenance of these NAAQS in any of                    to notification to neighboring states of
                                                    significant deterioration in other states
                                                                                                            the contiguous states. As further                       the issuance of PSD permits. Section
                                                    for lead, as Louisiana has a fully
                                                                                                            evidence that Louisiana’s NO2                           115 relates to international pollution
                                                    acceptable PSD program. The program                                                                             abatement. As there are no findings by
                                                                                                            emissions do not contribute to
                                                    regulates all NSR pollutants, including                                                                         EPA that air emissions originating in
                                                                                                            nonattainment or maintenance of
                                                    greenhouse gas (GHG) which prevents                                                                             Louisiana affect other countries, we
                                                                                                            NAAQS, we reviewed more recent
                                                    significant deterioration in nearby                                                                             propose to approve the portions of the
                                                                                                            monitoring data for NO2 throughout the
                                                    States.                                                                                                         i-SIPs pertaining to CAA section
                                                                                                            United States. Using previous EPA
                                                       Significant impacts from Pb emissions
                                                                                                            methodology,19 we evaluated specific                    110(a)(2)(D)(ii).
                                                    from stationary sources are limited to                                                                             (E) Adequate authority, resources,
                                                                                                            monitors identified as having
                                                    short distances from emitting sources,                                                                          implementation, and oversight: The SIP
                                                                                                            nonattainment and or maintenance
                                                    therefore, visibility is not effected by                                                                        must provide for the following: (1)
                                                                                                            problems, which we refer to as
                                                    lead emissions.16 Given this                                                                                    Necessary assurances that the state (and
                                                                                                            ‘‘receptors’’. We identify nonattainment
                                                    information, we propose to approve the                                                                          other entities within the state
                                                                                                            receptors as any monitor that violated
                                                    portion of the Pb i-SIP submittal related                                                                       responsible for implementing the SIP)
                                                                                                            the NO2 NAAQS in the most recent
                                                    to the protection of visibility in other                                                                        will have adequate personnel, funding,
                                                                                                            three year period. Meanwhile, we
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                                                    states.                                                 identify NO2 maintenance receptors as                   and authority under state or local law to
                                                       Ozone: At this time we are not                                                                               implement the SIP, and that there are no
                                                                                                            any monitor that violated the NO2
                                                    proposing action on the i-SIP submittals                                                                        legal impediments to such
                                                    which address the prevention of                           17 77   FR 9532, February 17, 2012.                   implementation; (2) compliance with
                                                                                                              18 http://epa.gov/airtrends/values.html.
                                                      15 http://www.epa.gov/airtrends/2011/report/full
                                                                                                                                                                    requirements relating to state boards as
                                                                                                              19 See NO SIP call, 63 FR 57371 (October 27,
                                                    report.pdf.
                                                                                                                        X
                                                                                                            1998); CAIR, 7025172 (May 12, 2005; and Transport
                                                                                                                                                                    explained in section 128 of the CAA;
                                                      16 More information about this is provided in the     Rule or Cross-State Air Pollution Rule 76 FR 48208      and (3) necessary assurances that the
                                                    TSD.                                                    (August 8, 2001).                                       state has responsibility for ensuring


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                                                    35678                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    adequate implementation of any plan                        LAC 33:III Chapter 9 authorizes the                 necessary, to account for revisions of an
                                                    provision for which it relies on local                  LDEQ to require persons engaged in                     existing NAAQS, establishment of a
                                                    governments or other entities to carry                  operations which result in air pollution               new NAAQS, to attain and maintain a
                                                    out. Both elements (A) and (E) address                  to monitor or test emissions and to file               NAAQS, to abate air pollution, to adopt
                                                    the state have adequate authority to                    reports containing information relating                more effective methods of attaining a
                                                    implement and enforce the SIP without                   to the nature and amount of emissions.                 NAAQS, and to respond to EPA SIP
                                                    legal impediments.                                      There are also SIP-approved state                      calls concerning NAAQS adoption or
                                                       The i-SIP submissions for these                      regulations pertaining to sampling and                 implementation.
                                                    pollutants describe the SIP regulations                 testing and requirements for reporting of                (I) Nonattainment areas: The CAA
                                                    governing the various functions of                      emissions inventories (60 FR 02014). In                section 110(a)(2)(I) requires that in the
                                                    personnel within the LDEQ, including                    addition, SIP-approved rules establish                 case of a plan or plan revision for areas
                                                    the administrative, technical support,                  general requirements for maintaining                   designated as nonattainment areas,
                                                    planning, enforcement, and permitting                   records and reporting emissions.                       states must meet applicable
                                                    functions of the program.                                  The LDEQ uses this information, in                  requirements of part D of the CAA,
                                                       With respect to funding, La R.S.                     addition to information obtained from                  relating to SIP requirements for
                                                    30:2011 and the SIP require LDEQ to                     other sources, to track progress towards               designated nonattainment areas.
                                                    establish an emissions fee schedule for                 maintaining the NAAQS, develop                           However, as noted earlier, EPA
                                                    sources in order to fund the reasonable                 control and maintenance strategies,                    believes that nonattainment area
                                                    costs of administering various air                      identify sources and general emission                  requirements should be treated
                                                    pollution control programs and                          levels, and determine compliance with                  separately from the infrastructure SIP
                                                    authorizes LDEQ to collect additional                   SIP-approved regulations and additional                requirements. The specific SIP
                                                    fees necessary to cover reasonable costs                EPA requirements. The SIP requires this                submissions for designated
                                                    associated with processing of air permit                information be made available to the                   nonattainment areas, as required under
                                                    applications. EPA conducts periodic                     public. Provisions concerning the                      CAA title I, part D, are subject to
                                                    program reviews to ensure that the state                handling of confidential data and                      different submission schedules than
                                                    has adequate resources and funding to,                  proprietary business information are                   those for section 110 infrastructure
                                                    among other things, implement and                       included in the SIP-approved                           elements. Instead, EPA will take action
                                                    enforce the SIP.                                        regulations. These rules specifically                  on part D attainment plan SIP
                                                       As required by the CAA and the SIP,                  exclude from confidential treatment any                submissions through a separate
                                                    the majority of the members that                        records concerning the nature and                      rulemaking process governed by the
                                                    compose any board or body which                         amount of emissions reported by                        requirements for nonattainment areas,
                                                    approves permits or enforcement orders                  sources.                                               as described in part D.20
                                                    must not derive any ‘‘significant                          (G) Emergency authority: The SIP                      (J) Consultation with government
                                                    portion’’ of their income from persons                  must provide the LDEQ with authority                   officials, public notification, PSD and
                                                    subject to permits and enforcement                      to restrain any source from causing                    visibility protection: The SIP must meet
                                                    orders or persons who appear before the                 imminent and substantial endangerment                  the following four CAA requirements:
                                                    board on issues related to the CAA or                   to public health or welfare or the                     (1) Those listed in section 121 of the
                                                    the Louisiana Air Quality Rules (La. R.S.               environment. The SIP must include an                   CAA, relating to interagency
                                                    2014.1). The members of the board or                    adequate contingency plan to                           consultation; (2) those listed in section
                                                    body, or the head of an agency with                     implement LDEQ’s emergency                             127, relating to public notification of
                                                    similar powers, are required to                         authority.                                             NAAQS exceedances and related issues;
                                                    adequately disclose any potential                          La R.S 30:2011.D.15 provides LDEQ                   (3) prevention of significant
                                                    conflicts of interest.                                  with the required authority to address                 deterioration of air quality and (4)
                                                       Louisiana has not delegated any                      environmental emergencies, and LDEQ                    visibility protection.
                                                    authority to implement any of the                       has contingency plans to implement the                   (1) Interagency consultation: As
                                                    provisions of its plan to local                         emergency episode provisions in the                    required by the LAC, there must be a
                                                    governmental entities. The LDEQ acts as                 SIP. The LDEQ promulgated the                          public hearing before the adoption of
                                                    the primary air pollution control                       ‘‘Prevention of Air Pollution Emergency                any regulations or emission control
                                                    agency.                                                 Episodes,’’ which includes contingency                 requirements, and all interested persons
                                                       (F) Stationary source monitoring                     measures, and these provisions were                    are given a reasonable opportunity to
                                                    system: The SIP must provide for the                    approved into the SIP in 1989 (54 FR                   review the action that is being proposed
                                                    establishment of a system to monitor                    9783). The episode criteria and                        and to submit data or arguments, either
                                                    emissions from stationary sources and                   contingency measures are found in 33                   orally or in writing, and to examine
                                                    to submit periodic emission reports. It                 LAC Chapter 56.                                        witnesses testifying at the hearing (La
                                                    must require the installation,                             Louisiana has general emergency                     R.S. 30:2011). In addition, the LAC
                                                    maintenance, and replacement of                         powers to address any possible                         provides the LDEQ the power and duty
                                                    equipment, and the implementation of                    dangerous air pollution episode if                     to establish cooperative agreements with
                                                    other necessary steps, by owners or                     necessary to protect the environment                   local authorities, and consult with other
                                                    operators of stationary sources, to                     and public health.                                     states, the federal government and other
                                                    monitor emissions from such sources.                       (H) Future SIP revisions: States must               interested persons or groups in regard to
                                                    The SIP shall also require periodic                     have the authority to revise their SIPs in             matters of common interest in the field
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                                                    reports on the nature and amounts of                    response to changes in the NAAQS,                      of air quality control (La. R.S. 30:2032).
                                                    emissions and emissions-related data                    availability of improved methods for                   Furthermore, the Louisiana PSD SIP
                                                    from such sources. It shall require that                attaining the NAAQS, or in response to                 rules mandate that the LDEQ provide for
                                                    the state correlate the source reports                  an EPA finding that the SIP is
                                                                                                                                                                     20 This infrastructure SIP rulemaking will not
                                                    with emission limitations or standards                  substantially inadequate to attain the
                                                                                                                                                                   address the Louisiana program for provisions
                                                    established under the CAA. These                        NAAQS.                                                 related to nonattainment areas, since EPA considers
                                                    reports must be made available for                         La R.S. 30:2011 authorizes the LDEQ                 evaluation of these provisions to be outside the
                                                    public inspection at reasonable times.                  to revise the Louisiana SIP, as                        scope of infrastructure SIP actions.



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                                                                                        Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                                            35679

                                                    public participation and notification                                       (3) PSD and Visibility Protection: The                        CAA, relating to operating permits, is
                                                    regarding permitting applications to any                                  PSD requirements for this element are                           approved by EPA.
                                                    other state or local air pollution control                                the same as those addressed under                                  The State has met this requirement as
                                                    agencies, local government officials of                                   element (C) above. As was mentioned                             it has a fully developed fee system in
                                                    the city or county where the source will                                  earlier, the State has a PSD program, so                        place which is outlined in LAC:III
                                                    be located, tribal authorities, and                                       this requirement has been met. The                              Chapter 2 and is approved as part of the
                                                    Federal Land Manager (FLMs) whose                                         Louisiana SIP requirements relating to                          SIP. See element (E) above for the
                                                    lands may be affected by emissions from                                   visibility and regional haze are not                            description of the mandatory collection
                                                    the source or modification (LAC                                           affected when EPA establishes or revises                        of permitting fees outlined in the SIP.
                                                    33:III.509). Additionally, the State’s PSD                                a NAAQS. Therefore, EPA believes that                              (M) Consultation/participation by
                                                    SIP rules require the LDEQ to consult                                     there are no new visibility protection                          affected local entities: The SIP must
                                                    with FLMs regarding permit                                                requirements due to the revision of the                         provide for consultation and
                                                    applications for sources with the                                         NAAQS, and consequently there are no                            participation by local political
                                                    potential to impact Class I Federal                                       newly applicable visibility protection                          subdivisions affected by the SIP.
                                                    Areas. The SIP also includes a                                            obligations pursuant to infrastructure                             See the discussion for element (J)
                                                    commitment to consult continually with                                    element (J).                                                    above for a description of the SIP’s
                                                    the FLMs on the review and                                                   (K) Air quality and modeling/data:                           public participation process, the
                                                    implementation of the visibility                                          The SIP must provide for performing air                         authority to advise and consult, and the
                                                    program. Louisiana recognizes the                                         quality modeling, as prescribed by EPA,                         PSD SIP’s public participation
                                                    expertise of the FLMs in monitoring, as                                   to predict the effects on ambient air                           requirements. Additionally, the state
                                                    well as new source review applicability                                   quality of any emissions of any NAAQS                           noted that La R.S. 30: 2011(D)(21) also
                                                    analyses for visibility. The State has                                    pollutant, and for submission of such                           requires initiation of cooperative action
                                                    agreed to notify the FLMs of any                                          data to EPA upon request.                                       between local authorities and the LDEQ,
                                                    advance notification or early                                                The LDEQ has the power and duty,                             between one local authority and
                                                    consultation with a new or modifying                                      under La R.S. 30:2011 et seq. to develop                        another, or among any combination of
                                                    source prior to the submission of a                                       facts and investigate providing for the                         local authorities and the LDEQ for
                                                    permit application. Likewise, the State’s                                 functions of environmental air quality                          control of air pollution in areas having
                                                    Transportation Conformity SIP rules                                       assessment. Past modeling and                                   related air pollution problems that
                                                    provide for interagency consultation,                                     emissions reductions measures have                              overlap the boundaries of political
                                                    resolution of conflicts, and public                                       been submitted by the State and                                 subdivisions, and entering into
                                                    notification.                                                             approved into the SIP. Additionally,                            agreements and compacts with
                                                       (2) Public Notification: On January 10,                                Louisiana has the ability to perform                            adjoining states and Indian tribes, where
                                                    1980, the Governor submitted final                                        modeling for primary and secondary                              appropriate. The transportation
                                                    revisions to the ambient monitoring                                       NAAQS on a case by case permit basis                            conformity component of the Louisiana
                                                    portion of the plan. These revisions                                      consistent with their SIP-approved PSD                          SIP requires that interagency
                                                    were included into the SIP on August 6,                                   rules and with EPA guidance.                                    consultation and opportunity for public
                                                    1981 (46 FR 40005). This portion of the                                      The La R.S. authorizes and requires                          involvement be provided before making
                                                    SIP includes requirements for public                                      LDEQ to cooperate with the federal                              transportation conformity
                                                    notification of information related to air                                government and local authorities                                determinations and before adopting
                                                    quality standards violation included in                                   concerning matters of common interest                           applicable SIP revisions on
                                                    Part 51 in order to meet the                                              in the field of air quality control,                            transportation-related issues. (LAC
                                                    requirements of Section 127 of the Act,                                   thereby allowing the agency to make                             33:III1434)
                                                    requiring the LDEQ to regularly notify                                    such submissions to the EPA.
                                                    the public of instances or areas in which                                    (L) Permitting Fees: The SIP must                            III. Proposed Action
                                                    any NAAQS are exceeded. In addition,                                      require each major stationary source to                            EPA is proposing to approve in part
                                                    as discussed for infrastructure element                                   pay permitting fees to the permitting                           the May 11, 2011, October 14, 2011,
                                                    B above, the LDEQ air monitoring Web                                      authority, as a condition of any permit                         June 7, 2013 and December 16, 2015
                                                    site provides quality data for each of the                                required under the CAA, to cover the                            infrastructure SIP submissions from
                                                    monitoring stations in Louisiana; this                                    cost of reviewing and acting upon any                           Louisiana, which address the
                                                    data is provided instantaneously for                                      application for such a permit, and, if the                      requirements of CAA sections 110(a)(1)
                                                    certain pollutants, such as ozone. The                                    permit is issued, the costs of                                  and (2) as applicable to the 2006 PM2.5,
                                                    Web site also provides information on                                     implementing and enforcing the terms                            2008 Pb, 2008 O3, 2010 NO2, 2010 SO2,
                                                    the health effects of lead, ozone,                                        of the permit. The fee requirement                              and 2012 PM2.5 NAAQS. The table
                                                    particulate matter, and other criteria                                    applies until a fee program established                         below outlines the specific actions EPA
                                                    pollutants.                                                               by the state pursuant to Title V of the                         is proposing to take.

                                                                               PROPOSED ACTION ON LOUISIANA INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS
                                                                                                                                                           2006                2008        2008           2010       2010      2012
                                                                                             Element                                                       PM2.5                Pb         Ozone          NO2        SO2       PM2.5
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                                                    (A): Emission limits and other control measures .........................                                A                  A            A             A          A          A
                                                    (B): Ambient air quality monitoring and data system ..................                                   A                  A            A             A          A          A
                                                    (C)(i): Enforcement of SIP measures ..........................................                           A                  A            A             A          A          A
                                                    (C)(ii): PSD program for major sources and major modifications                                           A                  A            A             A          A          A
                                                    (C)(iii): Permitting program for minor sources and minor modi-
                                                      fications ....................................................................................         A                  A            A             A          A          A
                                                    (D)(i)(I): Contribute to nonattainment/interfere with maintenance
                                                      of NAAQS (requirements 1 and 2) ...........................................                             A*                A        No action         A      No action   No action



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                                                    35680                                Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                                    PROPOSED ACTION ON LOUISIANA INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS—Continued
                                                                                                                                                            2006               2008        2008           2010          2010          2012
                                                                                              Element                                                       PM2.5               Pb         Ozone          NO2           SO2           PM2.5

                                                    (D)(i)(II): PSD (requirement 3) .....................................................                     A                 A            A             A              A                A
                                                    (D)(i)(II): Visibility Protection (requirement 4) ..............................                          D                 A            D             D              D                D
                                                    (D)(ii): Interstate and International Pollution Abatement .............                                   A                 A            A             A              A                A
                                                    (E)(i): Adequate resources ...........................................................                    A                 A            A             A              A                A
                                                    (E)(ii): State boards ......................................................................              A                 A            A             A              A                A
                                                    (E)(iii): Necessary assurances with respect to local agencies ....                                        A                 A            A             A              A                A
                                                    (F): Stationary source monitoring system ....................................                             A                 A            A             A              A                A
                                                    (G): Emergency power .................................................................                    A                 A            A             A              A                A
                                                    (H): Future SIP revisions .............................................................                   A                 A            A             A              A                A
                                                    (I): Nonattainment area plan or plan revisions under part D ......                                        +                 +            +             +              +                +
                                                    (J)(i): Consultation with government officials ...............................                            A                 A            A             A              A                A
                                                    (J)(ii): Public notification ...............................................................              A                 A            A             A              A                A
                                                    (J)(iii): PSD ...................................................................................         A                 A            A             A              A                A
                                                    (J)(iv): Visibility protection ............................................................               +                 +            +             +              +                +
                                                    (K): Air quality modeling and data ...............................................                        A                 A            A             A              A                A
                                                    (L): Permitting fees ......................................................................               A                 A            A             A              A                A
                                                    (M): Consultation and participation by affected local entities ......                                     A                 A            A             A              A                A
                                                       Key to Table 1: Proposed action on LA infrastructure SIP submittals for various NAAQS
                                                       A—Approve
                                                       A*—Approved at an earlier date
                                                       +—Not germane to infrastructure SIPs
                                                       No action—EPA is taking no action on this infrastructure requirements
                                                       NA—Not applicable
                                                       D—Disapprove


                                                      Based upon review of the state’s                                        of the Paperwork Reduction Act (44                              country, the proposed rule does not
                                                    infrastructure SIP submissions and                                        U.S.C. 3501 et seq.);                                           have tribal implications and will not
                                                    relevant statutory and regulatory                                            • Is certified as not having a                               impose substantial direct costs on tribal
                                                    authorities and provisions referenced in                                  significant economic impact on a                                governments or preempt tribal law as
                                                    these submissions or referenced in                                        substantial number of small entities                            specified by Executive Order 13175 (65
                                                    Louisiana’s SIP, EPA believes that                                        under the Regulatory Flexibility Act (5                         FR 67249, November 9, 2000).
                                                    Louisiana has the infrastructure in place                                 U.S.C. 601 et seq.);
                                                                                                                                 • Does not contain any unfunded                              List of Subjects in 40 CFR Part 52
                                                    to address all applicable required
                                                    elements of sections 110(a)(1) and (2)                                    mandate or significantly or uniquely                              Environmental protection, Air
                                                    (except as noted in table above) to                                       affect small governments, as described                          pollution control, Incorporation by
                                                    ensure that the 2006 PM2.5, 2008 Pb,                                      in the Unfunded Mandates Reform Act                             reference, Intergovernmental relations,
                                                    2008 O3, 2010 NO2, 2010 SO2, and 2012                                     of 1995 (Pub. L. 104–4);                                        Interstate transport of pollution, Lead,
                                                    PM2.5 NAAQS are implemented in the                                           • Does not have Federalism                                   Nitrogen dioxide, Ozone, Particulate
                                                    state.                                                                    implications as specified in Executive                          matter, Reporting and recordkeeping
                                                                                                                              Order 13132 (64 FR 43255, August 10,                            requirements, Sulfur oxides.
                                                    IV. Statutory and Executive Order                                         1999);
                                                                                                                                                                                                 Authority: 42 U.S.C. 7401 et seq.
                                                    Reviews                                                                      • Is not an economically significant
                                                                                                                              regulatory action based on health or                              Dated: May 18, 2016.
                                                      Under the Clean Air Act, the
                                                    Administrator is required to approve a                                    safety risks subject to Executive Order                         Ron Curry,
                                                    SIP submission that complies with the                                     13045 (62 FR 19885, April 23, 1997);                            Regional Administrator, Region 6.
                                                                                                                                 • Is not a significant regulatory action                     [FR Doc. 2016–13032 Filed 6–2–16; 8:45 am]
                                                    provisions of the Act and applicable
                                                                                                                              subject to Executive Order 13211 (66 FR
                                                    Federal regulations. 42 U.S.C. 7410(k);                                                                                                   BILLING CODE 6560–50–P
                                                                                                                              28355, May 22, 2001);
                                                    40 CFR 52.02(a). Thus, in reviewing SIP                                      • Is not subject to requirements of
                                                    submissions, EPA’s role is to approve                                     Section 12(d) of the National
                                                    state choices, provided that they meet                                                                                                    FEDERAL COMMUNICATIONS
                                                                                                                              Technology Transfer and Advancement
                                                    the criteria of the Clean Air Act.                                                                                                        COMMISSION
                                                                                                                              Act of 1995 (15 U.S.C. 272 note) because
                                                    Accordingly, this action merely                                           application of those requirements would
                                                    proposes to approve state law as                                                                                                          47 CFR Part 1
                                                                                                                              be inconsistent with the CAA; and
                                                    meeting Federal requirements and does                                        • Does not provide EPA with the                              [MD Docket Nos. 16–166; FCC 16–61]
                                                    not impose additional requirements                                        discretionary authority to address, as
                                                    beyond those imposed by state law. For                                    appropriate, disproportionate human                             Assessment and Collection of
                                                    that reason, this action:                                                 health or environmental effects, using                          Regulatory Fees for Fiscal Year 2016
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                                                      • Is not a ‘‘significant regulatory                                     practicable and legally permissible                             AGENCY: Federal Communications
                                                    action’’ subject to review by the Office                                  methods, under Executive Order 12898                            Commission.
                                                    of Management and Budget under                                            (59 FR 7629, February 16, 1994).                                ACTION: Notice of proposed rulemaking.
                                                    Executive Orders 12866 (58 FR 51735,                                         The SIP is not approved to apply on
                                                    October 4, 1993) and 13563 (76 FR 3821,                                   any Indian reservation land or in any                           SUMMARY:  In this document, the Federal
                                                    January 21, 2011);                                                        other area where EPA or an Indian tribe                         Communications Commission
                                                      • Does not impose an information                                        has demonstrated that a tribe has                               (Commission) will revise its Schedule of
                                                    collection burden under the provisions                                    jurisdiction. In those areas of Indian                          Regulatory Fees in order to recover an


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Document Created: 2018-02-08 07:29:59
Document Modified: 2018-02-08 07:29:59
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 July 5, 2016.
ContactSherry Fuerst, (214) 665-6454, [email protected] To inspect the hard copy materials, please schedule an appointment with her or Bill Deese at (214) 665-7253.
FR Citation81 FR 35674 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Interstate Transport of Pollution; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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