81 FR 74750 - Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 208 (October 27, 2016)
Federal Register Volume 81, Issue 208 (October 27, 2016)
| Page Range | 74750-74753 | |
| FR Document | 2016-25803 |
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)] [Proposed Rules] [Pages 74750-74753] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25803] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2016-0520; FRL-9952-65-Region 6] Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Louisiana State Implementation Plan (SIP) submitted by the State of Louisiana through the Louisiana Department of Environmental Quality (LDEQ) on August 11, 2016 that addresses regional haze (RH) for the first planning period. This revision was submitted to address deficiencies identified in a previous action regarding requirements of the Federal Clean Air Act (CAA or Act) and the EPA's rules that require states to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). This action concerns Best Available Retrofit Technology for certain sources. DATES: Written comments must be received on or before November 28, 2016. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2016-0520, 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 Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact Jennifer Huser, 214-665- 7347, [email protected]. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit 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 the 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: Jennifer Huser, 214-665-7347, [email protected]. To inspect the hard copy materials, please schedule an appointment with Jennifer Huser or Mr. Bill Deese at 214- 665-7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background A. The Regional Haze Program In the Clean Air Act (CAA) Amendments of 1977, Congress established a program to protect and improve visibility in the Nation's national parks and wilderness areas. See CAA section 169A. Congress amended the visibility provisions in the CAA in 1990 to focus attention on the problem of regional haze. See CAA section 169B. The EPA promulgated regional haze regulations in 1999 to implement sections 169A and 169B of the CAA. These regulations require states to develop and implement plans to ensure reasonable progress toward improving visibility in mandatory Class I Federal areas \1\ (Class I areas). See 64 FR 35714 (July 1, 1999); see also 70 FR 39104 (July 6, 2005) and 71 FR 60612 (October 13, 2006). --------------------------------------------------------------------------- \1\ Areas designated as mandatory Class I Federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5,000 acres, and all international parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a). In accordance with section 169A of the CAA, the EPA, in consultation with the Department of Interior, promulgated a list of 156 areas where visibility is identified as an important value. 44 FR 69122 (November 30, 1979). The extent of a mandatory Class I area includes subsequent changes in boundaries, such as park expansions. 42 U.S.C. 7472(a). Although states and tribes may designate as Class I additional areas which they consider to have visibility as an important value, the requirements of the visibility program set forth in section 169A of the CAA apply only to ``mandatory Class I Federal areas.'' Each mandatory Class I Federal area is the responsibility of a ``Federal Land Manager.'' 42 U.S.C. 7602(i). When we use the term ``Class I area'' in this action, we mean a ``mandatory Class I Federal area.'' --------------------------------------------------------------------------- Regional haze is impairment of visual range or colorization caused by air pollution, principally fine particulate, produced by numerous sources and activities, located across a broad regional area. The sources include but are not limited to, major and minor stationary sources, mobile sources, and area sources including non-anthropogenic sources. These sources and activities may emit fine particles (PM2.5 ) (e.g., sulfates, nitrates, organic carbon, elemental carbon, and soil dust), and their precursors (e.g., sulfur dioxide (SO2 ), nitrogen oxides (NOX ), and in some cases, ammonia and volatile organic compounds). Fine particulate can also cause serious health effects and mortality in humans, and contributes to environmental effects such as acid deposition and eutrophication. See 64 FR at 35715. Data from the existing visibility monitoring network, the ``Interagency Monitoring of Protected Visual Environments'' (IMPROVE) monitoring network, show that visibility impairment caused by air pollution occurs virtually all the time in most national parks and wilderness areas. The average visual range in many Class I areas in the western United States is 100-150 kilometers, or about one-half to two-thirds the visual range that would exist without manmade air pollution.\2\ Visibility impairment also varies day-to-day and by season depending on variations in meteorology and emission rates. The deciview (dv) is the metric by which visibility is measured in the regional haze program. A change of 1 dv is generally considered the change in visual range that the human eye can perceive. --------------------------------------------------------------------------- \2\ 64 FR at 35715. --------------------------------------------------------------------------- B. Best Available Retrofit Technology Section 169A of the CAA directs states to evaluate the use of retrofit controls at certain larger, often uncontrolled, older stationary sources with the potential to emit greater than 250 tons per year (tpy) or more of any visibility impairing pollutant in order to address visibility impacts from these sources. Specifically, section 169A(b)(2)(A) of the Act requires states to revise their SIPs to contain such measures as may be necessary to make [[Page 74751]] reasonable progress towards the natural visibility goal, including a requirement that certain categories of existing major stationary sources \3\ built between 1962 and 1977 procure, install, and operate the ``Best Available Retrofit Technology'', as determined by the state or us in the case of a plan promulgated under section 110(c) of the CAA. Under the Regional Haze rule, states are directed to conduct BART determinations for such ``BART-eligible'' sources that may be anticipated to cause or contribute to any visibility impairment in a Class I area. --------------------------------------------------------------------------- \3\ The set of ``major stationary sources'' potentially subject to BART are listed in CAA section 169A(g)(7). --------------------------------------------------------------------------- We promulgated regulations addressing Regional Haze in 1999, 64 FR 35714 (July 1, 1999), codified at 40 CFR part 51, subpart P.\4\ These regulations require all states to submit implementation plans that, among other measures, contain either emission limits representing BART for certain sources constructed between 1962 and 1977, or alternative measures that provide for greater reasonable progress than BART. 40 CFR 51.308(e). --------------------------------------------------------------------------- \4\ In American Corn Growers Ass'n v. EPA, 291 F.3d 1 (D.C. Cir. 2002), the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling vacating and remanding the BART provisions of the regional haze rule. In 2005, we issued BART guidelines to address the court's ruling in that case. See 70 FR 39104 (July 6, 2005). --------------------------------------------------------------------------- C. EPA's Previous Actions on Louisiana Regional Haze On June 13, 2008, Louisiana submitted a SIP to address regional haze. EPA acted on that submittal in two separate actions. The first was a limited disapproval (77 FR 33641) because of deficiencies in the state's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia to the EPA of the Clean Air Interstate Rule (CAIR). The second was a partial limited approval/ partial disapproval (77 FR 39425) because the SIP revision met some but not all of the applicable requirements of the CAA and EPA's regulations as set forth in sections 169A and 169B of the CAA and in 40 CFR 51.300- 308, but as a whole, the SIP revision strengthened the SIP. The deficiencies included inadequate Best Available Retrofit Technology (BART) determinations for four facilities. These four facilities are the only non-electric generating unit (EGU) facilities in Louisiana that were identified as being subject to BART and are referred to as the non-EGU facilities. On August 11 2016, Louisiana submitted a SIP revision intended to address the deficiencies related to BART for the four non-EGUs. II. The EPA's Evaluation A. Introduction to the Four Non-EGU Facilities: Summary The four non-EGU facilities are: Phillips 66 Company-Alliance Refinery; Mosaic Fertilizer LLC, Uncle Sam Plant; Eco-Services Operations Corp.; and Sid Richardson Carbon Co., Addis Plant. For three facilities (Phillips 66, Eco-Services, and Sid Richardson), LDEQ had submitted a BART analysis under 40 CFR 51.308(e)(1)(ii)(A). For each of these facilities, we determined, in our July 3, 2012 notice, that the BART analysis satisfied part, but not all, of the requirements. We also found that LDEQ had erred in exempting Mosaic from BART by using future controls and visibility impacts rather than assessing controls that were in place at the time of the SIP submittal. In its August 11, 2016 SIP submittal, LDEQ provided revised BART analyses for the three facilities to address the deficiencies noted in the previous Regional Haze SIP action. LDEQ has also provided a BART analysis for Mosaic. A summary of our proposed findings for these facilities is provided below. For more details, please see our evaluation of the BART determination for each of these four subject-to- BART sources in the TSD. A. Sid Richardson Carbon Co. The Sid Richardson Carbon Company's Addis Plant is located in West Baton Rouge Parish, Louisiana. For the BART eligible units at the facility, LDEQ submitted in the original Regional Haze SIP a BART engineering analysis; for particulate matter the LDEQ determined that the high efficiency fabric filters already in use at the facility are BART. EPA found that the LDEQ acted within its discretion in making this determination and that the analyses met the BART requirements. However, the EPA found that the BART analysis for NOX and SO2 were deficient. While LDEQ indicated that no controls were technically feasible, EPA found that the record did not provide a sufficient basis for this conclusion. Based on this, the NOX and SO2 BART determination for the Addis Plant was deemed deficient (77 FR 11851). The original modeling that was performed showed that the facility had an impact that was above the contribution threshold of 0.5 deciview level for determining which sources are subject to BART. The Addis plant model results were 0.756 deciviews. In response to the EPA action, Sid Richardson revised the BART analysis and updated the modeling. The facility requested permission to perform a new round of modeling using the same emissions parameters that were used in the original model but utilizing the newest EPA approved methods and guidance documents. EPA reviewed and concurred with the methodology and modeling results provided by Sid Richardson. Based on this analysis, LDEQ concluded that the facility is not subject-to-BART because its model visibility impact was less than 0.5 deciviews. We have evaluated LDEQ's submittal and propose to approve the Sid Richardson BART analysis and modeling and the LDEQ's finding that the Addis plant is not subject-to-BART. B. Phillips 66 Company-Alliance Refinery (Formerly ConocoPhillips) The Phillips 66 Company (Phillips 66) owns and operates the Alliance Refinery near Belle Chasse, Louisiana, which is a subject-to- BART source.\5\ On December 5, 2005, Conoco Phillips, the United States of America and the State of Louisiana, entered into a Consent Decree (CD) \6\ as part of the National Refinery Initiative for the Belle Chasse (Alliance) Refinery. In our previous action, we found that the BART engineering analysis provided by Phillips 66 utilized emission reductions that are mandated per the CD for the fluidized catalytic cracker (FCCU), the process refinery flares and the crude unit heater. However, the LDEQ did not provide a complete BART evaluation for these units. In the August 11, 2016 SIP revision, LDEQ provided a complete BART determination for these units. Controls and conditions required by the CD include a wet gas scrubber on the FCCU, selective catalytic reduction (SCR) on the FCCU and crude unit heater, flare gas recovery for the process refinery flares, and compliance with the Standards of Performance for Petroleum Refineries as prescribed in 40 CFR part 60, subpart J for the low pressure and high pressure flares, CO boilers, and crude unit heaters. Implementation of these control projects as per the CD emissions reduction requirements have resulted in reducing the overall site visibility impacts. In the previous [[Page 74752]] action, we also found that the LDEQ failed to submit the emissions limits as part of the SIP revision as required. The emissions limits are now included in an Administrative Order on Consent (AOC) No. AE- AOC-14-00211A between LDEQ and Phillips 66 and were provided in the August 11, 2016 SIP revision. --------------------------------------------------------------------------- \5\ At the time of Louisiana's initial Regional Haze SIP, the Alliance Refinery was owned and operated by ConocoPhillips. Ownership of the Alliance Refinery transferred to Phillips 66 on April 26, 2012. Pursuant to the Separation and Distribution Agreement between the companies, responsibility for compliance with the environmental permits now resides with Phillips 66 Company. \6\ Civil Action No. H-05-0285. A copy of this CD is available in the docket for this rulemaking. --------------------------------------------------------------------------- In our initial action on Louisiana Regional Haze, we approved LDEQ's BART determinations for several other subject to BART units at the Alliance Refinery. These units include the cooling water tower, gas-fired heaters, loading docks, and the coke transfer and storage area. See 77 FR at 39432. However, at that time, LDEQ did not submit the BART emissions limits for approval into the SIP. The BART emissions limits for these units are also included in AOC No. AE-AOC-14-00211A. EPA proposes to find that the current controls installed and operating conditions at these subject to BART units constitute BART. The emissions limits for all of the subject to BART units at the Alliance Refinery are included in the AOC in accordance with 40 CFR 51.308(4)(e). Upon EPA approval of this portion of the Regional Haze SIP submittal, the AOC becomes federally enforceable. We propose to approve the BART analysis and the emission limits for Phillips 66 as meeting the BART requirements. C. Mosaic Fertilizer LLC Mosaic Fertilizer, LLC, owns and operates the Uncle Sam Plant (Mosaic) in St. James Parish, Louisiana and produces phosphoric acid and sulfuric acid. In our previous action, we partially disapproved Louisiana's Regional Haze SIP for failure to identify Mosaic as subject to BART and failure to submit a BART determination for Mosaic. In Louisiana's initial Regional Haze SIP submittal, the LDEQ used a contribution threshold of 0.5 dv for determining which sources are subject to BART, and we approved this threshold in our previous action. See, 77 FR at 11849. The Regional Haze Rule states that a BART eligible source can only be exempted from being subject to BART if its visibility impacts at the time the SIP is developed are less than the screening value. See, 70 FR 39118; 77 FR at 11849. In the original Regional Haze SIP submittal, the LDEQ properly identified Mosaic as a BART eligible source consistent with the BART Guidelines. However, LDEQ's initial SIP submittal inappropriately allowed Mosaic to screen out based on controls that were not installed at the time of the submittal. LDEQ accepted Mosaic's modeling, which was based on future controls that were to be installed on the A-Train Sulfuric Acid Stack. Based on the modeling results, the LDEQ listed the facility as passing both the screening modeling as well as the refined modeling. As such, LDEQ erroneously determined that the facility was not subject to BART and, therefore, was not required to perform a BART analysis. In our final action (77 FR at 39429), we determined that the state should have identified the Mosaic facility as being subject to BART and submitted a BART determination for the source. Mosaic entered into a CD with the EPA, LDEQ and other parties on December 23, 2009.\7\ The CD required the installation of controls on the Sulfuric Acid Trains A, D, and E, including a scrubber system on the A Train and process improvements on the D Train. These controls resulted in a reduction in SO2 emissions of over 10,000 tons per year. In its SIP revision, LDEQ provided a complete BART analysis concluding that additional control beyond those required by the consent decree would not be necessary to meet BART. Based on a review of the BART analysis and LDEQ's determination, EPA agrees that Mosaic, with its current controls and operating conditions, has satisfied BART. The emissions limits for Mosaic under current controls and operating conditions are included in AOC No. AE-AOC-14-00274A which was included in the August 11, 2016 SIP revision in accordance with 40 CFR 51.308(4)(e). Upon EPA approval of this portion of the Regional Haze SIP submittal, the AOC becomes federally enforceable. We propose to approve the BART analysis and the emission limits for Mosaic. --------------------------------------------------------------------------- \7\ Civil Action No. 09-6662. A copy of this CD is available in the docket for this rulemaking. --------------------------------------------------------------------------- D. Eco-Services Operations Corp (Formerly Rhodia) The Eco-Services Operations Corp facility (Eco-Services) is a sulfuric acid plant located in Baton Rouge, Louisiana.\8\ The plant produces sulfuric acid by using two sulfuric acid production trains, Unit 1 and Unit 2, but only Unit 2 is subject to BART.\9\ Effective July 23, 2007, the EPA, LDEQ and other parties entered into a CD with Eco-Services due to violations associated with excess emissions of sulfuric acid mist and sulfur dioxide. The CD required a scrubber to be installed on each of the units to control SO2 emissions.\10\ --------------------------------------------------------------------------- \8\ At the time of Louisiana's initial Regional Haze SIP, the facility was owned and operated by Rhodia. Effective October 1, 2013, Rhodia Inc. changed its company name and the name of the facility from Rhodia Inc. to Solvay USA Inc. The LDEQ Office of Environmental Services acknowledged the name change in correspondence, dated November 1, 2013. On December 1, 2014, Solvay USA Inc. transferred ownership and operation of the facility to Eco Services Operations LLC. Pursuant to the agreement between the companies and the Department's approval of the permit transfer, responsibility for compliance with the terms and conditions of Permit No. 0840-00033-V5 now resides with Eco Services Operations LLC. Pursuant to the Separation and Distribution Agreement between the companies, responsibility for compliance with the environmental permits now resides with Eco-Services. \9\ Under the CAA, BART only applies to a unit that was ``in existence on August 7, 1977, but which has not been in operation for more than fifteen years as of such date.'' 42 U.S.C. 7491(b)(2)(A); CAA 169A(b)(2)(A). Unit 1 was constructed in 1953, which is outside the BART timeframe. However, Unit 2 was constructed in 1968. \10\ Civil Action No. 2:07CV134 WL. A copy of this CD is available in the docket for this rulemaking. --------------------------------------------------------------------------- In the July 23, 2012 action (77 FR at 39426), EPA found that with the selected control strategy, the Eco-Services units met the BART requirements at 40 CFR part 51, Appendix Y.OV.D.1.9.\11\ However, EPA found that the LDEQ failed to submit the emissions limits as part of the SIP revision as required. The emissions limits are included in the AOC No. AE-AOC-14-00957 between LDEQ and Eco-Services, which was provided in the August 11, 2016 SIP revision. --------------------------------------------------------------------------- \11\ We acknowledge that compliance with the BART Guidelines in 40 CFR part 51, Appendix Y is not mandatory for Eco-Services because Eco-Services is a non-EGU source. However, following these Guidelines is one option for subject-to-BART non-EGUs to ensure BART determinations are adequate. --------------------------------------------------------------------------- In the BART analysis, Eco-Services identified both a short term and long term limit control level for SO2 . The long term emissions limits for Eco-Services under current controls and operating conditions are included in the AOC in accordance with 40 CFR 51.308(4)(e) and are federally enforceable. The short term limit provided in the BART analysis is 3 lbs/ton, consistent with the limits established in the Consent Decree. The long term limit in the Consent Decree includes an exemption for emissions during startup shutdown and malfunction. However, the short term emissions are limited by the New Source Performance Standard (NSPS) for Sulfuric Acid Plants (40 CFR part 60, subpart H). This short term limit is applicable at all times and is adequate to meet BART during periods of startup and shutdown. EPA concurs with LDEQ's evaluation and findings that the current controls in place, along with the federally enforceable limits established in the AOC and through applicability to [[Page 74753]] the NSPS standard, constitutes BART. We propose to approve the BART analysis and the emission limits for Eco-Services. Upon approval the limits in the SIP these limits will be federally enforceable. III. Proposed Action We are proposing to approve Louisiana's Regional Haze SIP revision submitted on August 11, 2016. Specifically, we are proposing to find that the following elements have satisfied the federal requirement:the State's identification of BART-eligible sources, the State's determination that Sid Richardson Addis Plant is not subject to BART, the State's BART determinations for Phillips 66, Eco- Services, and Mosaic. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxides, Visibility, Interstate transport of pollution, Regional haze, Best available control technology. Authority: 42 U.S.C. 7401 et seq. Dated: October 11, 2016. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2016-25803 Filed 10-26-16; 8:45 am] BILLING CODE 6560-50-P
![74750 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules
Dated: October 18, 2016. discussion of all points you wish to (July 1, 1999); see also 70 FR 39104 (July
Dennis J. McLerran, make. The EPA will generally not 6, 2005) and 71 FR 60612 (October 13,
Regional Administrator, Region 10. consider comments or comment 2006).
[FR Doc. 2016–26016 Filed 10–26–16; 8:45 am] contents located outside of the primary Regional haze is impairment of visual
BILLING CODE 6560–50–P
submission (i.e. on the Web, cloud, or range or colorization caused by air
other file sharing system). For pollution, principally fine particulate,
additional submission methods, please produced by numerous sources and
ENVIRONMENTAL PROTECTION contact Jennifer Huser, 214–665–7347, activities, located across a broad
AGENCY huser.jennifer@epa.gov. For the full EPA regional area. The sources include but
public comment policy, information are not limited to, major and minor
40 CFR Part 52 about CBI or multimedia submissions, stationary sources, mobile sources, and
and general guidance on making area sources including non-
[EPA–R06–OAR–2016–0520; FRL–9952–65–
effective comments, please visit http:// anthropogenic sources. These sources
Region 6]
www2.epa.gov/dockets/commenting- and activities may emit fine particles
Approval and Promulgation of epa-dockets. (PM 2.5) (e.g., sulfates, nitrates, organic
Implementation Plans; Louisiana; Docket: The index to the docket for carbon, elemental carbon, and soil dust),
Regional Haze State Implementation this action is available electronically at and their precursors (e.g., sulfur dioxide
Plan www.regulations.gov and in hard copy (SO2), nitrogen oxides (NOX), and in
at the EPA Region 6, 1445 Ross Avenue, some cases, ammonia and volatile
AGENCY: Environmental Protection Suite 700, Dallas, Texas. While all organic compounds). Fine particulate
Agency (EPA). documents in the docket are listed in can also cause serious health effects and
ACTION: Proposed rule. the index, some information may be mortality in humans, and contributes to
publicly available only at the hard copy environmental effects such as acid
SUMMARY: The Environmental Protection location (e.g., copyrighted material), and deposition and eutrophication. See 64
Agency (EPA) is proposing to approve a some may not be publicly available at FR at 35715. Data from the existing
revision to the Louisiana State either location (e.g., CBI). visibility monitoring network, the
Implementation Plan (SIP) submitted by ‘‘Interagency Monitoring of Protected
FOR FURTHER INFORMATION CONTACT:
the State of Louisiana through the Visual Environments’’ (IMPROVE)
Jennifer Huser, 214–665–7347,
Louisiana Department of Environmental monitoring network, show that visibility
huser.jennifer@epa.gov. To inspect the
Quality (LDEQ) on August 11, 2016 that impairment caused by air pollution
hard copy materials, please schedule an
addresses regional haze (RH) for the first occurs virtually all the time in most
appointment with Jennifer Huser or Mr.
planning period. This revision was national parks and wilderness areas.
Bill Deese at 214–665–7253.
submitted to address deficiencies The average visual range in many Class
identified in a previous action regarding SUPPLEMENTARY INFORMATION: I areas in the western United States is
requirements of the Federal Clean Air Throughout this document wherever 100–150 kilometers, or about one-half to
Act (CAA or Act) and the EPA’s rules ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean two-thirds the visual range that would
that require states to prevent any future the EPA. exist without manmade air pollution.2
and remedy any existing man-made I. Background Visibility impairment also varies day-to-
impairment of visibility in mandatory day and by season depending on
Class I areas caused by emissions of air A. The Regional Haze Program variations in meteorology and emission
pollutants from numerous sources In the Clean Air Act (CAA) rates. The deciview (dv) is the metric by
located over a wide geographic area Amendments of 1977, Congress which visibility is measured in the
(also referred to as the ‘‘regional haze established a program to protect and regional haze program. A change of 1 dv
program’’). This action concerns Best improve visibility in the Nation’s is generally considered the change in
Available Retrofit Technology for national parks and wilderness areas. See visual range that the human eye can
certain sources. CAA section 169A. Congress amended perceive.
DATES: Written comments must be the visibility provisions in the CAA in B. Best Available Retrofit Technology
received on or before November 28, 1990 to focus attention on the problem
of regional haze. See CAA section 169B. Section 169A of the CAA directs
2016.
The EPA promulgated regional haze states to evaluate the use of retrofit
ADDRESSES: Submit your comments, controls at certain larger, often
regulations in 1999 to implement
identified by Docket No. EPA–R06– uncontrolled, older stationary sources
sections 169A and 169B of the CAA.
OAR–2016–0520, at http:// with the potential to emit greater than
These regulations require states to
www.regulations.gov or via email to 250 tons per year (tpy) or more of any
develop and implement plans to ensure
huser.jennifer@epa.gov. Follow the visibility impairing pollutant in order to
reasonable progress toward improving
online instructions for submitting address visibility impacts from these
visibility in mandatory Class I Federal
comments. Once submitted, comments sources. Specifically, section
areas 1 (Class I areas). See 64 FR 35714
cannot be edited or removed from 169A(b)(2)(A) of the Act requires states
Regulations.gov. The EPA may publish 1 Areas designated as mandatory Class I Federal
to revise their SIPs to contain such
any comment received to its public areas consist of national parks exceeding 6,000 measures as may be necessary to make
docket. Do not submit electronically any acres, wilderness areas and national memorial parks
sradovich on DSK3GMQ082PROD with PROPOSALS
information you consider to be exceeding 5,000 acres, and all international parks as Class I additional areas which they consider to
that were in existence on August 7, 1977. 42 U.S.C. have visibility as an important value, the
Confidential Business Information (CBI) 7472(a). In accordance with section 169A of the requirements of the visibility program set forth in
or other information whose disclosure is CAA, the EPA, in consultation with the Department section 169A of the CAA apply only to ‘‘mandatory
restricted by statute. Multimedia of Interior, promulgated a list of 156 areas where Class I Federal areas.’’ Each mandatory Class I
submissions (audio, video, etc.) must be visibility is identified as an important value. 44 FR Federal area is the responsibility of a ‘‘Federal Land
69122 (November 30, 1979). The extent of a Manager.’’ 42 U.S.C. 7602(i). When we use the term
accompanied by a written comment. mandatory Class I area includes subsequent changes ‘‘Class I area’’ in this action, we mean a ‘‘mandatory
The written comment is considered the in boundaries, such as park expansions. 42 U.S.C. Class I Federal area.’’
official comment and should include 7472(a). Although states and tribes may designate 2 64 FR at 35715.
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![Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Proposed Rules 74753
the NSPS standard, constitutes BART. • Is not subject to requirements of number EPA–HQ–OPP–2016–0083, by
We propose to approve the BART section 12(d) of the National one of the following methods:
analysis and the emission limits for Eco- Technology Transfer and Advancement • Federal eRulemaking Portal: http://
Services. Upon approval the limits in Act of 1995 (15 U.S.C. 272 note) because www.regulations.gov. Follow the online
the SIP these limits will be federally application of those requirements would instructions for submitting comments.
enforceable. be inconsistent with the CAA; and Do not submit electronically any
• Does not provide EPA with the information you consider to be
III. Proposed Action discretionary authority to address, as Confidential Business Information (CBI)
We are proposing to approve appropriate, disproportionate human or other information whose disclosure is
Louisiana’s Regional Haze SIP revision health or environmental effects, using restricted by statute.
submitted on August 11, 2016. practicable and legally permissible • Mail: OPP Docket, Environmental
Specifically, we are proposing to find methods, under Executive Order 12898 Protection Agency Docket Center (EPA/
that the following elements have (59 FR 7629, February 16, 1994). DC), (28221T), 1200 Pennsylvania Ave.
satisfied the federal requirement: In addition, the SIP is not approved NW., Washington, DC 20460–0001.
• the State’s identification of BART- to apply on any Indian reservation land • Hand Delivery: To make special
eligible sources, or in any other area where EPA or an arrangements for hand delivery or
• the State’s determination that Sid Indian tribe has demonstrated that a delivery of boxed information, please
Richardson Addis Plant is not subject to tribe has jurisdiction. In those areas of follow the instructions at http://
BART, Indian country, the proposed rule does www.epa.gov/dockets/contacts.html.
• the State’s BART determinations for not have tribal implications and will not Additional instructions on
Phillips 66, Eco-Services, and Mosaic. impose substantial direct costs on tribal commenting or visiting the docket,
IV. Statutory and Executive Order governments or preempt tribal law as along with more information about
Reviews specified by Executive Order 13175 (65 dockets generally, is available at http://
FR 67249, November 9, 2000). www.epa.gov/dockets.
Under the CAA, the Administrator is FOR FURTHER INFORMATION CONTACT:
required to approve a SIP submission List of Subjects in 40 CFR Part 52
Michael L. Goodis, Registration Division
that complies with the provisions of the Environmental protection, Air (7505P), Office of Pesticide Programs,
Act and applicable Federal regulations. pollution control, Incorporation by Environmental Protection Agency, 1200
42 U.S.C. 7410(k); 40 CFR 52.02(a). reference, Intergovernmental relations, Pennsylvania Ave. NW., Washington,
Thus, in reviewing SIP submissions, the Nitrogen dioxide, Ozone, Particulate DC 20460–0001; main telephone
EPA’s role is to approve state choices, matter, Reporting and recordkeeping number: (703) 305–7090; email address:
provided that they meet the criteria of requirements, Sulfur dioxides, RDFRNotices@epa.gov.
the CAA. Accordingly, this action Visibility, Interstate transport of
SUPPLEMENTARY INFORMATION:
merely proposes to approve state law as pollution, Regional haze, Best available
meeting Federal requirements and does control technology. I. General Information
not impose additional requirements
beyond those imposed by state law. For Authority: 42 U.S.C. 7401 et seq. A. Does this action apply to me?
that reason, this action: Dated: October 11, 2016. You may be potentially affected by
• Is not a ‘‘significant regulatory Ron Curry, this action if you are an agricultural
action’’ subject to review by the Office Regional Administrator, Region 6. producer, food manufacturer, or
of Management and Budget under [FR Doc. 2016–25803 Filed 10–26–16; 8:45 am] pesticide manufacturer. The following
Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P
list of North American Industrial
October 4, 1993) and 13563 (76 FR 3821, Classification System (NAICS) codes is
January 21, 2011); not intended to be exhaustive, but rather
• Does not impose an information ENVIRONMENTAL PROTECTION provides a guide to help readers
collection burden under the provisions AGENCY determine whether this document
of the Paperwork Reduction Act (44 applies to them. Potentially affected
U.S.C. 3501 et seq.); 40 CFR 180 entities may include:
• Is certified as not having a • Crop production (NAICS code 111).
[EPA–HQ–OPP–2016–0083; FRL–9954–27]
significant economic impact on a • Animal production (NAICS code
substantial number of small entities Receipt of a Pesticide Petition Filed for 112).
under the Regulatory Flexibility Act (5 Residues of a Pesticide Chemical in or • Food manufacturing (NAICS code
U.S.C. 601 et seq.); on a Commodity 311).
• Does not contain any unfunded • Pesticide manufacturing (NAICS
mandate or significantly or uniquely AGENCY: Environmental Protection code 32532).
affect small governments, as described Agency (EPA).
B. What should I consider as I prepare
in the Unfunded Mandates Reform Act ACTION: Notice of filing of petition and
my comments for EPA?
of 1995 (Pub. L. 104–4); request for comment.
• Does not have Federalism 1. Submitting CBI. Do not submit this
implications as specified in Executive SUMMARY: This document announces the information to EPA through
Order 13132 (64 FR 43255, August 10, Agency’s receipt of an initial filing of a regulations.gov or email. Clearly mark
sradovich on DSK3GMQ082PROD with PROPOSALS
1999); pesticide petition requesting the the part or all of the information that
• Is not an economically significant establishment or modification of you claim to be CBI. For CBI
regulatory action based on health or regulations for residues of pesticide information in a disk or CD–ROM that
safety risks subject to Executive Order chemicals in or on various commodities. you mail to EPA, mark the outside of the
13045 (62 FR 19885, April 23, 1997); DATES: Comments must be received on disk or CD–ROM as CBI and then
• Is not a significant regulatory action or before November 28, 2016. identify electronically within the disk or
subject to Executive Order 13211 (66 FR ADDRESSES: Submit your comments, CD–ROM the specific information that
28355, May 22, 2001); identified by docket identification (ID) is claimed as CBI. In addition to one
VerDate Sep<11>2014 17:35 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\27OCP1.SGM 27OCP1](https://thefederalregister.org/doc/81_FR_74958/page/4.svg)
Document Created: 2016-10-27 01:52:27
Document Modified: 2016-10-27 01:52:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before November 28, 2016. | |
| Contact | Jennifer Huser, 214-665-7347, [email protected] To inspect the hard copy materials, please schedule an appointment with Jennifer Huser or Mr. Bill Deese at 214- 665-7253. | |
| FR Citation | 81 FR 74750 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxides; Visibility; Interstate Transport of Pollution; Regional Haze and Best Available Control Technology |
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