[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Rules and Regulations]
[Page 55064-55068]
[DOCID:fr28se07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 97

[EPA-R06-OAR-2007-0651; FRL-8473-5]

Approval and Promulgation of Implementation Plans; Louisiana;
Clean Air Interstate Rule Nitrogen Oxides Trading Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to the Louisiana State
Implementation Plan (SIP) submitted by the State of Louisiana on August
20, 2007, as the Louisiana Clean Air Interstate Rule (CAIR) Nitrogen
Oxides (NOX) Trading Programs abbreviated SIP. The
abbreviated SIP revision includes the Louisiana methodology for
allocation of annual and ozone season NOX allowances. EPA
has determined that the Louisiana CAIR NOX Trading Programs
abbreviated SIP revision satisfies the applicable requirements of a
CAIR abbreviated SIP revision. EPA is also approving revisions to the
Louisiana SIP that establish administrative reporting requirements for
all Louisiana CAIR programs; these revisions were submitted on
September 22, 2006, as part of the Louisiana CAIR Sulfur Dioxide
(SO2) Trading Program SIP. EPA has also determined that the
Louisiana CAIR NOX Annual and Ozone Season Abbreviated SIP
satisfies Louisiana's Clean Air Act (CAA) Section 110(a)(2)(D)(i)
obligations to submit a SIP revision that contains adequate provisions
to prohibit air emissions from adversely affecting another State's air
quality through interstate transport.
    The intended effect of this action is to reduce NOX
emissions from the State of Louisiana that are contributing to
nonattainment of the 8-hour ozone and PM2.5 National Ambient
Air Quality Standards (NAAQS or standard) in downwind states. This
action is being taken under section 110 of the CAA.

DATES: This rule is effective on September 28, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2007-0651. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,

some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly

available only in hard copy form. Publicly available docket materials
are available either electronically through http://www.regulations.gov

or in hard copy at the Air Permits Section (6PD-R), Environmental
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. The file will be made available by appointment for public
inspection in the Region 6 FOIA Review Room between the hours of 8:30
a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the
person listed in the FOR FURTHER INFORMATION CONTACT section of this
Federal Register to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Louisiana Department of Environmental Quality, Office of
Environmental Quality Assessment, 602 N. Fifth Street, Baton Rouge,
Louisiana 70802.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's approval, please contact Ms. Adina Wiley (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-2115. Ms. Wiley can also be reached via electronic mail at
<EMAIL_ADDRESS>

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

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. When Is This Action Effective?
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving a revision to the Louisiana SIP, the Louisiana
CAIR NOX Trading Programs abbreviated SIP revision,
submitted on August 20, 2007, by the State of Louisiana at Louisiana
Administrative Code Title 33, Part III, Chapter 5, Sections 506 (A) and
(B) (LAC 33:III.506 (A) and (B)). We are also approving revisions to
the Louisiana SIP establishing administrative reporting requirements
for all Louisiana CAIR programs; these revisions were submitted with
the Louisiana CAIR SO2 Trading Program on September 22, 2006
(LAC 33:III.506 (D) and (E)). Louisiana is covered by the CAIR
NOX Annual and Ozone Season FIPs, which require
participation in the EPA-administered CAIR FIP cap-and-trade programs
for NOX annual and ozone emissions. Under this abbreviated
SIP revision and consistent with the flexibility given to Louisiana in
its CAIR NOX Annual and Ozone Season FIPs' provisions, the
Louisiana provisions for allocating allowances under the Louisiana CAIR
FIPs' NOX annual and ozone season trading programs are
approved as part of the Louisiana SIP. EPA has determined that the
abbreviated SIP revision meets the applicable requirements in 40 CFR
51.123(p)(1) and (ee)(2) with regard to NOX annual and ozone
season allowance allocations. EPA, by ministerial action, will note in
Appendix A.1. to Subpart EE of 40 CFR Part 97 that Louisiana has an
approved SIP revision providing for NOX annual allowance
allocations. Similarly, EPA will note in Appendix A to Subpart EEEE of
40 CFR Part 97 that Louisiana has an approved SIP revision providing
for NOX ozone season allowance allocations. Since 40 CFR
part 97 provides for automatic revision of the Louisiana CAIR FIP for
NOX annual and ozone season emissions (under 40 CFR 52.984)
upon approval of such an abbreviated SIP revision, the Louisiana rules
for NOX annual and ozone season allowance allocations apply,
rather than the Federal rules governing allocations, upon the effective
date of approval.
    EPA has also determined that this SIP revision adequately addresses
the required elements of section 110(a)(2)(D)(i) of the Clean Air Act,
42 U.S.C. 7410(a)(2)(D)(i). The SIP revision contains provisions that
address significant contribution, interference with maintenance,
prevention of significant deterioration, and protection of visibility.
The protection of visibility requirement will be re-evaluated after the
regional haze SIP revision is completed and submitted to EPA.
    EPA proposed to approve Louisiana's request to amend the SIP on
August 15, 2007 (72 FR 45705). In that proposal, EPA also stated its
intent to amend the CAIR FIP NOX Annual and Ozone Season
Trading Programs through ministerial action and proposed the finding as
to section 110(a)(2)(D)(i), as described above. The comment period
closed on September 14, 2007. EPA received one comment from a regulated
entity in support of our proposed approval. EPA is finalizing the
approval as proposed based on the rationale stated in the proposal and
the accompanying Technical Support Document (TSD). The TSD is available
as specified in the section of this document identified as ADDRESSES.
    Also in today's action, EPA is providing a technical correction to
the amendatory language for the Louisiana CAIR Sulfur Dioxide
(SO2) Trading Program at 40 CFR part 52, subpart T, section
52.970. On July 20, 2007 (72 FR 39741), EPA published direct final
rulemaking action approving the Louisiana CAIR SO2 Trading
Program as a SIP revision. This action contained amendments to 40 CFR
part 52, Subpart T, Sec.  52.970 which incorrectly incorporated
``Section 506(c)'' into the Louisiana SIP. Today we are correcting 40
CFR part 52, subpart T, Sec.  52.970 to correctly incorporate ``Section
506(C)'' into the Louisiana SIP.

II. What Is the Background for This Action?

    The Louisiana Department of Environmental Quality (LDEQ) initially
proposed the Louisiana-specific CAIR NOX annual and ozone
season allocation methodologies in January 2007 as revision AQ261 to
the LAC and in February 2007 as a revision to the Louisiana SIP. As a
result of extensive comments and subsequent rewrites, AQ261 was
withdrawn from consideration. LDEQ proposed the revised CAIR
NOX annual and ozone season allocation methodologies as
revision AQ285 to the LAC and the Louisiana SIP in May 2007. The
comment period on the AQ285 SIP revision ended on July 3, 2007. LDEQ
responded to comments and made technical amendments to the allocation
methodologies. The final rule revision was submitted to the Louisiana
Legislative Oversight Committee (LOC) on July 12, 2007. At this time
the LDEQ also requested that EPA parallel process this abbreviated
revision to the Louisiana SIP in conjunction with the LDEQ's rulemaking
activities. The LDEQ requested parallel processing of the Louisiana
CAIR NOX Trading Programs abbreviated SIP revision to
expedite Federal approval of the Louisiana NOX annual and
ozone season allocation methodologies before the allowance recordation
deadline. The Louisiana CAIR NOX Annual and Ozone Season FIP
includes a NOX allowance recordation deadline of September
30, 2007, at 40 CFR 97.153 and 97.353. As explained in the preamble of
our April 28, 2006, promulgation of the CAIR FIPs, EPA will only record
State allowance allocations if EPA has approved a full or abbreviated
SIP for the State which specifies the allocation methodology (see 71 FR
25354).
    In order to expedite review, we proposed approval of the Louisiana

CAIR NOX Trading Programs abbreviated SIP revision under a
procedure called ``parallel processing'' whereby EPA proposes
rulemaking action concurrently with the State's procedures for amending
its regulations (40 CFR part 51, Appendix V, section 2.3). If the
State's proposed revision is substantially changed, EPA evaluates those
subsequent changes and may publish another notice of proposed
rulemaking. If no substantial changes are made, EPA publishes a final
rulemaking on the revisions after responding to any submitted comments.
Final rulemaking action by EPA occurs only after the SIP revision has
been fully adopted and submitted formally to EPA for incorporation into
the SIP. In addition, any action by the State resulting in undue delay
in the adoption of the rules may result in a re-proposal altering the
approvability of the SIP revision.
    The Louisiana LOC reviewed the final AQ285 from July 12-August 10,
2007, during which time the public was able to request a Legislative
Oversight hearing. Since no hearing was requested by the deadline, the
rule proceeded through the remainder of the Louisiana rulemaking
process as finalized on July 12, 2007. The LDEQ published the final
AQ285 in the August 20, 2007 Louisiana Register; the rule became
effective upon publication.
    The LDEQ submitted the final Louisiana CAIR NOX Trading
Programs abbreviated SIP revision on August 20, 2007. This SIP
submittal included a copy of the Louisiana Register publication,
providing evidence that the rule is fully adopted and effective at the
State level. No substantive changes were made to the final SIP
revision; however, it is important to note that the LDEQ updated
Appendix A--Public Notification, to include all pages of the comment
letters. The SIP revision submitted on July 12, 2007, inadvertently
omitted even numbered pages from some comment letters. EPA is able to
proceed with our final rulemaking because the August 20, 2007, SIP
submittal was not substantively changed from proposal and provided
evidence that Louisiana formally adopted and submitted the revisions
for inclusion in the SIP.

III. When Is This Action Effective?

    EPA has determined that today's technical correction to the
Louisiana CAIR SO2 citation falls under the ``good cause''
exemption in 5 U.S.C. 553(d)(3) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary or contrary to the public
interest. Public notice and comment for this action are unnecessary
because today's action to correct 40 CFR part 52 has no substantive
impact on EPA's July 20, 2007, direct final rule approval of the
Louisiana CAIR SO2 Trading Program. In addition, EPA can
identify no particular reason why the public would be interested in
being notified of the correction of this error or in having the
opportunity to comment on the correction prior to this action being
finalized, since this correction action does not change the approval
status.
    EPA also finds that there is good cause for the approval of the
Louisiana CAIR NOX Trading Programs abbreviated SIP revision
and technical amendment to the Louisiana CAIR SO2 citation
to become effective on September 28, 2007, because a delayed effective
date is unnecessary due to the nature of the approval, which allows the
State to make allocations under its CAIR rules. The expedited effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rule actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction'' and section 5 U.S.C. 553(d)(3), which allows an
effective date less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.''
    CAIR SIP approvals relieve States and CAIR sources within States
from being subject to allowance allocation provisions in the CAIR FIPs
that otherwise would apply, allowing States to make their own allowance
allocations based on their SIP-approved State rule. The relief from
these obligations is sufficient reason to allow an expedited effective
date of this rule under 5 U.S.C. 553(d)(1). In addition, Louisiana's
relief from these obligations provides good cause to make this rule
effective September 28, 2007, pursuant to 5 U.S.C. 553(d)(3). The
purpose of the 30-day waiting period prescribed in 5 U.S.C. 553(d) is
to give affected parties a reasonable time to adjust their behavior and
prepare before the final rule takes effect. Where, as here, the final
rule relieves obligations rather than imposes obligations, affected
parties, such as the State of Louisiana and CAIR sources within the
State, do not need time to adjust and prepare before the rule takes
effect.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, this action is
also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This action merely approves State
law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by State law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard and indicates that approval will result
in ministerial changes to the appropriate appendices of the CAIR FIP's
trading rules, and does not alter the relationship or the distribution
of power and responsibilities established in the Act. The EPA
interprets Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), as applying only to those regulatory actions that concern health
or safety

risks such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045 because it approves a
State rule implementing a Federal standard. Executive Order 12898 (59
FR 7629, February 16, 1994) establishes Federal executive policy on
environmental justice. Because this rule merely approves a State rule
implementing a Federal standard, EPA lacks the discretionary authority
to modify today's regulatory decision on the basis of environmental
justice considerations.
    In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 27, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 97

    Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Nitrogen oxides,
Ozone, Reporting and recordkeeping requirements.

    Dated: September 18, 2007.
Richard E. Greene,
Regional Administrator, EPA Region 6.

0
40 CFR parts 52 and 97 are amended as follows:

PART 52--[AMENDED]

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

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

Subpart T--Louisiana

0
2. Section 52.970 is amended as follows:
0
a. In paragraph (c) the table entitled ``EPA Approved Louisiana
Regulations in the Louisiana SIP'' is amended under Chapter 5--Permit
Procedures, by removing the entry for ``Section 506(c)'' and adding in
its place an entry for ``Section 506(C)''.
0
b. In paragraph (c) the table entitled ``EPA Approved Louisiana
Regulations in the Louisiana SIP'' is amended under Chapter 5--Permit
Procedures, by adding in numerical order new entries for ``Section
506(A)'', ``Section 506(B)'', ``Section 506(D)'', and ``Section 506(E).
0
c. In paragraph (e) the table entitled ``EPA Approved Louisiana
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by
adding a new entry at the end for the ``Clean Air Interstate Rule
Nitrogen Oxides Annual and Ozone Season Trading Programs''.

Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA-Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                       State approval
         State citation              Title/subject          date        EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 506(A)..................  Clean Air                08/20/2007  09/28/2007 [Insert   ....................
                                   Interstate Rule                      FR page number
                                   Requirements--Nitr                   where document
                                   ogen Oxide Annual                    begins].
                                   Program.
Section 506(B)..................  Clean Air                08/20/2007  09/28/2007 [Insert   ....................
                                   Interstate Rule                      FR page number
                                   Requirements--Nitr                   where document
                                   ogen Oxide Ozone                     begins].
                                   Season Program.
Section 506(C)..................  Clean Air                09/20/2006  09/28/2007 [Insert   ....................
                                   Interstate Rule                      FR page number
                                   Requirements--Annu                   where document
                                   al Sulfur Dioxide.                   begins].

Section 506(D)..................  Documentation......      09/20/2006  09/28/2007 [Insert   ....................
                                                                        FR page number
                                                                        where document
                                                                        begins].
Section 506(E)..................  Modifications or         09/20/2006  09/28/2007 [Insert   ....................
                                   Exceptions.                          FR page number
                                                                        where document
                                                                        begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                  EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP provision          geographic or      submittal/     EPA approval date          Comments
                                 nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Clean Air Interstate Rule        Statewide.........  ..............  09/28/2007 [Insert  SIP revision also
 Nitrogen Oxides Annual and                                           FR page number      addresses CAA
 Ozone Season Trading Programs.                                       where document      110(a)(2)(D)(i)--Inter
                                                                      begins].            state Transport. The
                                                                                protection of
                                                                                visibility requirement
                                                                                will be re-evaluated
                                                                                after submission of
                                                                                the regional haze SIP.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 97--[AMENDED]

0
3. The authority citation for part 97 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et
seq.

0
4. Appendix A to Subpart EE is amended by adding an entry, in
alphabetical order, for ``Louisiana'' to paragraph 1., to read as
follows:

Appendix A to Subpart EE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations

    1. * * *

Louisiana

* * * * *

0
5. Appendix A to Subpart EEEE is amended by adding an entry, in
alphabetical order, for ``Louisiana'' under the introductory text to
read as follows:

Appendix A to Subpart EEEE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations

* * * * *

Louisiana

[FR Doc. E7-18962 Filed 9-27-07; 8:45 am]

BILLING CODE 6560-50-P


Visibility in any mandatory Class I Federal area includes any integral
vista associated with that area. The FLMs for Breton have not
identified any reasonably attributable visibility impairment (i.e.,
RAVI) from Louisiana or other U.S. sources. The FLMs for the Class I
areas that Louisiana's emissions impact in other states have not
identified any reasonably attributable visibility impairment caused by
Louisiana sources. For these reasons, the Louisiana RH SIP does not
have any measures in place or a requirement to address RAVI. We propose
to find that this requirement is not applicable to the LA RH SIP at
this time. This provision may be re-considered upon receipt of
submittals from the LDEQ for subsequent implementation periods.

G. Monitoring Strategy and Other SIP Requirements

    40 CFR 51.308(d)(4) requires the SIP contain a monitoring strategy
for measuring, characterizing, and reporting of RH visibility
impairment that is representative of all mandatory Class I Federal
areas within the state. This monitoring strategy must be coordinated
with the monitoring strategy required in 40 CFR 51.305 for reasonably
attributable visibility impairment. As 40 CFR 51.308(d)(4) notes,
compliance with this requirement may be met through participation in
the IMPROVE network. See the TSD for details concerning the IMPROVE
network. We are proposing to find that the LDEQ has satisfied this
requirement.
    40 CFR 51.308(d)(4)(i) requires the establishment of any additional
monitoring sites or equipment needed to assess whether reasonable
progress goals to address RH for all mandatory Class I Federal areas
within the state are being achieved. The CENRAP monitoring workgroup
noted there was a visibility void in Southern Arkansas. An IMPROVE
protocol monitor was located in north central Louisiana.
PM2.5 measurements from the Louisiana monitoring network
help the LDEQ to characterize air pollution levels in areas across the
state and therefore aid in the analysis of visibility improvement in
and near the Class I areas. The LDEQ also commits in the Louisiana RH
SIP to consider alternative approaches to evaluating visibility
monitoring obligations if that becomes necessary. We are proposing to
find that the LDEQ has satisfied this requirement.
    40 CFR 51.308(d)(4)(ii) requires that the LDEQ establish procedures
by which monitoring data and other information are used in determining
the contribution of emissions from within Louisiana to RH visibility
impairment at mandatory Class I Federal areas both within and outside
the state. The monitor at Breton was owned and operated by the USFWS.
After this monitor was destroyed by Hurricane Katrina in 2005, the
monitor was replaced and relocated nearby, by the USFWS, at Lake
Catherine in St. Bernard Parish. The IMPROVE monitoring program is
national in scope, and other states have similar monitoring and data
reporting procedures, ensuring a consistent and robust monitoring data
collection system. As 40 CFR 51.308(d)(4) indicates, participation in
the IMPROVE program constitutes compliance with

this requirement. We are therefore proposing that the LDEQ has
satisfied this requirement.
    40 CFR 51.308(d)(4)(iv) requires that the SIP must provide for the
reporting of all visibility monitoring data to the Administrator at
least annually for each mandatory Class I Federal area in the state. To
the extent possible, Louisiana should report visibility monitoring data
electronically. 40 CFR 51.308(d)(4)(vi) also requires that the LDEQ
provide for other elements, including reporting, recordkeeping, and
other measures, necessary to assess and report on visibility. We are
proposing that Louisiana's participation in the IMPROVE network ensures
the monitoring data is reported at least annually, is easily
accessible, and therefore complies with this requirement.
    40 CFR 51.308(d)(4)(v) requires that the LDEQ maintain a statewide
inventory of emissions of pollutants that are reasonably anticipated to
cause or contribute to visibility impairment in any mandatory Class I
Federal area. The inventory must include emissions for a baseline year,
emissions for the most recent year for which data are available, and
estimates of future projected emissions. The State must also include a
commitment to update the inventory periodically. Please refer to
section IV.E of this action, where we discuss the LDEQ's emission
inventory. The LDEQ has stated that it intends to update the Louisiana
statewide emissions inventories periodically. We are proposing to find
that this satisfies the requirement in 40 CFR 51.308(d)(4)(v).

H. Coordination With Federal Land Managers

    Breton NWA is a federally protected wilderness area for which the
USFWS is the FLM. Although the FLMs are very active in participating in
the RPOs, the RHR grants the FLMs a special role in the review of the
RH SIPs, summarized in section III.H. of this action. We view both the
FLMs and the state agencies as our partners in the RH process.
    40 CFR 51.308(i)(1) requires that by November 29, 1999, Louisiana
must have identified in writing to the FLMs the title of the official
to which the FLM of Breton can submit any recommendations on the
implementation of 40 CFR 51.308. We acknowledge this section has been
satisfied by all states via communication prior to this SIP.
    Under 40 CFR 51.308(i)(2), Louisiana was obligated to provide the
USFWS with an opportunity for consultation, in person and at least 60
days prior to holding a public hearing on its RH SIP. In practice,
state agencies have usually provided all FLMs--the Forest Service, the
Park Service, and the USFWS, copies of their proposed RH SIP, as the
FLMs collectively have reviewed these RH SIPs. The LDEQ followed this
practice and proposed this implementation plan revision for public
comment on November 20, 2007 and notified the federal land manager
staff of the public hearing held on January 24, 2008.
    40 CFR 51.308(i)(3) requires that the LDEQ provide in its RH SIP a
description of how it addressed any comments provided by the FLMs. The
LDEQ has provided that information in Appendix A of its RH SIP.
    Lastly, 40 CFR 51.308(i)(4) specifies the RH SIP must provide
procedures for continuing consultation between the state and FLM on the
implementation of the visibility protection program required by 40 CFR
51.308, including development and review of implementation plan
revisions and 5-year progress reports, and on the implementation of
other programs having the potential to contribute to impairment of
visibility in the mandatory Class I Federal areas. The LDEQ has
stipulated in its RH SIP it will continue to coordinate and consult
with the FLMs as required by 40 CFR 51.308(i)(4). The LDEQ states it
intends to consult the FLMs in the development of future progress
reports and plan revisions, as well as during the implementation of
programs having the potential to contribute to visibility impairment at
Breton NWA. We are proposing to find that the LDEQ has satisfied 40 CFR
51.308(i).

I. Periodic SIP Revisions and Five-Year Progress Reports

    The LDEQ affirmed its commitment to complete items required in the
future under our RHR. The LDEQ acknowledged its requirement under 40
CFR 51.308(f), to submit periodic progress reports and RH SIP
revisions, with the first report due by July 31, 2018 and every ten
years thereafter.
    The LDEQ also acknowledged its requirement under 40 CFR 51.308(g),
to submit a progress report in the form of a SIP revision to us every
five years following this initial submittal of the Louisiana RH SIP.
The report will evaluate the progress made towards the RPGs for each
mandatory Class I area located within Louisiana and in each mandatory
Class I area located outside Louisiana which may be affected by
emissions from within Louisiana. We are proposing to find that the LDEQ
has satisfied 40 CFR 51.308(f) and (g).

J. Determination of the Adequacy of Existing Implementation Plan

    40 CFR 51.308(h) requires that Louisiana take one of the listed
actions, as appropriate, at the same time the State is required to
submit any 5-year progress report to the EPA in accordance with 40 CFR
51.308(g). The LDEQ has committed in its SIP to take one of the actions
listed under 40 CFR 51.308(h), depending on the findings of the 5-year
progress report. We are proposing to find that the LDEQ has satisfied
40 CFR 51.308(h).

V. Proposed Action

    We are proposing a partial disapproval and a partial limited
approval of Louisiana's RH SIP revision submitted on June 13, 2008.
    Specifically, we are proposing to find that the following portions
of the LA RH SIP have satisfied the federal requirement and are
addressed in our proposed partial limited approval, insofar as the
elements do not rely on the SO2 reductions from the CAIR:
The State's
     Identification of affected Class I areas;
     Establishment of baseline, natural, and current visibility
conditions, including the URP;
     Coordination of RAVI and RH Requirements;
     RH monitoring strategy and other SIP requirements under 40
CFR 51.308(d)(4);
     Commitment to submit periodic RH SIP revisions and
periodic progress reports describing progress towards the RPGs;
     Commitment to make a determination of the adequacy of the
existing SIP at the time a progress report is submitted; and
     Coordination with Federal Land Managers.
    We are proposing to find that Louisiana's RPGs meet some federal
requirements, but also contain some deficiencies. We are proposing to
find that the State's RPGs are deficient given our proposed finding
that certain of Louisiana's BART determinations are not fully
approvable. In general, the State followed the requirements of 40 CFR
51.308(d)(1), but these goals do not reflect appropriate emissions
reductions from BART. For LTS, we are proposing to find that the
State's LTS satisfies many of the requirements under 40 CFR
51.308(d)(3); however, we are proposing to find that the submitted LTS
is deficient because a portion of it relies on BART determinations that
we are proposing to disapprove (see section IV.E for detailed
information regarding

our proposed findings concerning LTS). Also, because visibility impacts
from smoke are significant in Louisiana, we propose to find that that
Louisiana should finalize its SMP. In addition, we are proposing to
find that the following elements do not satisfy the federal
requirements for the reasons discussed in section IV of this proposal:
the State's
     Determination that the Mosaic Fertilizer Uncle Sam Plant
is exempt from BART analysis; and
     BART analyses for ConocoPhillips, Rhodia, and Sid
Richardson Carbon Black Plant. As discussed in section I of this
proposal, the State must address BART for SO2 for EGUs and
the related element of LTS because it can no longer rely on the CAIR to
address these requirements. In a separate action, the EPA proposed a
limited disapproval of the Louisiana RH SIP 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 (DC Circuit) to the
EPA of the CAIR. 76 FR 82219. We are not taking action in this proposal
to address the state's reliance on the CAIR to meet certain regional
haze requirements related to NOX and SO2
emissions from EGUs.

VI. 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, EPA's role is to act on state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq, because this proposed action under section 110 and
subchapter I, part D of the CAA will not in-and-of itself create any
new information collection burdens but simply approves or disapproves
certain State requirements for inclusion into the SIP. Burden is
defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. For purposes of assessing the impacts of today's
proposed rule on small entities, small entity is defined as: (1) A
small business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
impact on a substantial number of small entities. This proposed rule
does not impose any requirements or create impacts on small entities.
This proposed rule under section 110 and subchapter I, part D of the
CAA will not in-and-of itself create any new requirements but simply
approves or disapproves certain State requirements for inclusion into
the SIP. Accordingly, it affords no opportunity for the EPA to fashion
for small entities less burdensome compliance or reporting requirements
or timetables or exemptions from all or part of the rule. The fact that
the CAA prescribes that various consequences (e.g., higher offset
requirements) may or will flow from this proposed rule does not mean
that the EPA either can or must conduct a regulatory flexibility
analysis for this action. Therefore, this action will not have a
significant economic impact on a substantial number of small entities.
We continue to be interested in the potential impacts of this proposed
rule on small entities and welcome comments on issues related to such
impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538, for State, local, or tribal governments or the private
sector. The EPA has determined that the proposed action does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This action proposes to approve or
disapprove pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires the EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed action does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, because it merely approves or
disapproves certain State requirements for inclusion into the SIP and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. Thus, Executive Order 13132
does not apply to this action.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    This proposed action does not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000),
because the action the EPA is proposing neither imposes substantial
direct compliance costs on tribal governments, nor preempts tribal law.
Therefore, the requirements of section 5(b) and 5(c) of the Executive
Order do not apply to this rule. Consistent with the EPA policy, the
EPA nonetheless is offering consultation to Tribes regarding this
rulemaking action. The EPA will respond to relevant comments in the
final rulemaking action.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
proposed action is not subject to Executive Order 13045 because it is
not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997). This proposed action under section 110 and subchapter I, part D
of the CAA will not in and of itself create any new regulations but
simply approves or disapproves certain State requirements for inclusion
into the SIP.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution or Use

    This proposed action is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
    The EPA believes that this proposed action is not subject to
requirements of Section 12(d) of the NTTAA because application of those
requirements would be inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA lacks the discretionary authority to address environmental
justice in this proposed action. In reviewing SIP submissions, the
EPA's role is to approve or disapprove state choices, based on the
criteria of the CAA. Accordingly, this action merely proposes to
approve or disapprove certain State requirements for inclusion into the
SIP under section 110 and subchapter I, part D of the CAA and will not
in and of itself create any new requirements. Accordingly, it does not
provide the 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, 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: February 15, 2012.
 Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-4676 Filed 2-27-12; 8:45 am]
BILLING CODE 6560-50-P


Appendix D: Chart 1.

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 0% 25% 50% 75% 100%

Percent of U. S. Consumption Baseline Phaseout Schedule Actual Consumption U. S. Methyl Bromide Consumption and Phaseout Schedule Chart 2: Trends in CFC Consumption for Essential Uses 0 2000 4000 6000 8000 10000 12000 14000 16000 1996 1997 1998 1999 2000 2001 2002 2003 2004 Year metric tonnes Nominated Used Data for 2001 and 2004 does not include quantities for the Russian Federation and/ orUkraine