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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
tkelley on DSKBCP9HB2PROD with PROPOSALS

A. Louisianas Infrastructure SIP
Submittals for 2006 PM2.5, 2008 Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide and the 2012 PM2.5 National Ambient Air Quality Standards NAAQS
Louisiana made the following submissions to EPA to satisfy the i-SIP
requirements: 2006 PM2.5 NAAQS, on May 11, 2011; 2008 O3, 2010 NO2, 2010
SO2 NAAQS on June 7, 2013 and the 2012 PM2.5 NAAQS on December 16, 2015.8 In an October 2016 action, we disapproved the portions of theses submissions which addressed Prong 4
and approved the other portions which address the other elements found in section 110a2.9 We disapproved Prong 4 for these specific NAAQS, because the state did not have a fully approved Regional Haze SIP at the time of submittal, nor did the state provide a demonstration which shows that they have met the Prong 4 requirement.
B. Regional Haze and Visibility Transport in Louisiana On June 13, 2008, Louisiana submitted a SIP to EPA, which addressed the regional haze requirements. EPA acted upon this SIP
in two separate actions. The first was a limited disapproval for best available retrofit technology BART
determinations for electric generating units EGUs as there were deficiencies in the SIP arising from the remand by the US Court of Appeals for the District of Columbia of the Clean Air Interstate Rule CAIR.10 The second action was a partial limited approval/partial disapproval; EPA found that the revision met some, but not all of the applicable requirements.11 EPA granted a partial limited approval of the LA
Regional Haze RH SIP submittal for meeting the requirements of: 51.308d, for the core requirements for regional haze SIPs, except for the requirements of 51.308d3; 51.308f, for the commitment to submit comprehensive periodic revisions of regional haze SIPs;
51.308g, for the commitment to submit periodic reports describing progress towards the reasonable progress goals RPGs; 51.308h, for the commitment to conduct periodic determinations of the adequacy of the existing regional haze SIP; and 51.308i, for coordination with state and Federal Land Managers.12
In that action, the EPA also partially 8 These i-SIP submittals are available on regulations.gov in docket number EPAR06OAR
20130465.
9 81 FR 68322 October 4, 2016.
10 77 FR 33642 June 7, 2012.
11 77 FR 39425 July 3, 2012.
12 77 FR 39425 July 3, 2012.

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disapproved the LA RH SIP submittal because it did not include fully approvable measures for meeting the requirements of 40 CFR 51.308d3, long-term strategy for regional haze as it relied on deficient non-EGU BART
analyses; and 51.308e, BART
requirements for regional haze visibility impairment with respect to emissions of visibility impairing pollutants from four non-EGUs.
In response to EPAs partial disapproval and limited disapproval of the original regional haze submittal, Louisiana performed BART
determinations for both electric generating units EGUs and other facilities non-EGUs. On August 11, 2016, Louisiana submitted a SIP
revision to address the deficiencies related to BART for the non-EGU
facilities. EPA proposed approval of this submittal on October 27, 2016.13 On February 10, 2017, Louisiana submitted a SIP revision intended to address the deficiencies related to BART for EGU
sources. On May 19, 2017, EPA
proposed approval of that revision with the exception of the portion related to a coal-burning facility in Calcasieu Parish.14 On June 20, 2017, and in a subsequent revision on October 26, 2017, Louisiana submitted a SIP
revision for parallel processing related to the EGU in Calcasieu Parish. On September 25, 2017, EPA proposed approval on this SIP revision.15 On December 21, 2017, EPA published final approval of these SIP revisions addressing the BART requirements for these facilities. This SIP approval determined that Louisiana has met all applicable regional haze requirements as set forth in sections 169A and 169B
of the CAA and 40 CFR 51.300308.16
II. Louisianas Visibility Transport Submittal On November 4, 2020, LDEQ
submitted a SIP revision to EPA in order to satisfy the visibility transport requirements for the following NAAQS:
2015 ozone, 2006 particulate matter PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur dioxide, and the 2012 particulate matter PM2.5.
Louisiana determined that they have met the Prong 4 requirements for the 2015 ozone NAAQS. Louisianas submittal also addresses the Prong 4
requirements that were previously disapproved for the 2006 PM2.5, 2008
ozone, 2010 nitrogen dioxide, 2010
sulfur dioxide and the 2012 PM2.5
13 81

FR 74750 August 16, 2016.
FR 22936 May 19, 2017.
15 82 FR 44753 September 26, 2017.
16 82 FR 60520 December 21, 2017.

NAAQS. Louisiana did not have a fully approved Regional Haze SIP at the time of the disapproval action. The SIP
revision contains the states Regional Haze SIP history: Louisiana submitted their first regional haze SIP to EPA on June 13, 2008, and after multiple SIP
revisions, EPA approved their Regional Haze SIP on December 21, 2017.17 Based on the full approval of their Regional Haze SIP, Louisiana has determined that they now meet the Prong 4 requirements for visibility transport for the 2015
Ozone NAAQS. Louisiana has also determined that they now meet the Prong 4 requirements for the 2006 PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010
sulfur dioxide and the 2012 PM2.5
NAAQS, which we previously disapproved.
III. The EPAs Evaluation of Louisianas i-SIP
Under section 110a2DiII, an infrastructure SIP submission cannot be approved with respect to Prong 4
visibility transport until the EPA has issued final approval of SIP provisions that the EPA has found to adequately address any contribution of that states sources to impacts on visibility program requirements in other states. The EPA
interprets this prong to be pollutantspecific, such that the infrastructure SIP
submission need only address the potential for interference with protection of visibility caused by the pollutant including precursors to which the new or revised NAAQS
applies.
One way in which Prong 4 may be satisfied is through an air agencys confirmation in its infrastructure SIP
submission that it has an approved regional haze SIP that fully meets the requirements of 40 CFR 51.308 or 51.309. 40 CFR 51.308 and 51.309
specifically require that a state participating in a regional planning process include all measures needed to achieve its apportionment of emission reduction obligations agreed upon through that process. See 40 CFR
51.308d3ii. Thus, a fully approved regional haze SIP will ensure that emissions from sources under an air agencys jurisdiction are not interfering with measures required to be included in other air agencies plans to protect visibility.
The last remaining elements of Louisianas Regional Haze SIP were approved by EPA on December 21, 2017.18 Accordingly, EPA proposes to find that Louisiana meets the visibility protection requirements of
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FR 60520 December 21, 2017.
FR 60520 December 21, 2017.

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