[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Proposed Rules]
[Pages 43760-43764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15422]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0688; FRL-9955-01-R6]


Air Approval Plans; Louisiana; Repeal of Excess Emissions Related 
Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA, the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a State 
Implementation Plan (SIP) revision submitted by the State of Louisiana, 
through the Louisiana Department of Environmental Quality (LDEQ), on 
November 20, 2016. The submittal is in response to the EPA's national 
SIP call of June 12, 2015, concerning excess emissions during periods 
of Startup, Shutdown, and Malfunction (SSM). The submittal requests the 
removal of certain provisions identified in the 2015 SIP call from the 
Louisiana SIP. EPA is also proposing to determine that the removal of 
the substantially inadequate provisions from the SIP corrects certain 
deficiencies identified in the June 12, 2015 SIP call.

DATES: Comments must be received on or before August 22, 2022.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0688 at https://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. 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. EPA will generally not 
consider comments or comment contents located outside of the primary

[[Page 43761]]

submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Alan Shar, (214) 665-
6691, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.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 Office, 1201 Elm Street, Suite 500, Dallas, Texas 75270. 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: Mr. Alan Shar, Regional Haze and 
SO2 Section, EPA Region 6 Office, 1201 Elm Street, Suite 
500, Dallas, Texas 75270, (214) 665-6691, [email protected] Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 6 office may be closed to the public to reduce the risk of 
transmitting COVID-19. We encourage the public to submit comments via 
https://www.regulations.gov, as there will be a delay in processing 
mail and no courier or hand deliveries will be accepted. Please call or 
email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

Table of Contents

I. Background
    A. EPA's 2015 SSM SIP Action
    B. Louisiana's Provisions Related to Excess Emissions
II. Analysis of SIP Submission
    A. Removal of LAC 33:III.1507(A) and LAC 33:III.1507(B) 
Exemptions
    B. Removal of LAC 33:III.1107(A) Exemption
    C. Removal of LAC 33:III.2153(B)(1)(i) Exemption
    D. Removal of LAC 33:III.2307(C)(1)(a) and LAC 
33:III.2307(C)(2)(a) Exemptions
III. Proposed Action
IV. Incorporation by Reference
V. Environmental Justice Considerations
VI. Statutory and Executive Orders Reviews

I. Background

A. EPA's 2015 SSM SIP Action

    On February 22, 2013, the EPA issued a Federal Register notice of 
proposed rulemaking outlining EPA's policy at the time with respect to 
SIP provisions related to periods of SSM. EPA analyzed specific SSM SIP 
provisions and explained how each one either did or did not comply with 
the CAA with regard to excess emission events.\1\ For each SIP 
provision that the EPA determined to be inconsistent with the CAA, the 
EPA proposed to find that the existing SIP provision was substantially 
inadequate to meet CAA requirements and thus proposed to issue a SIP 
call under CAA section 110(k)(5). On September 17, 2014, the EPA issued 
a document supplementing and revising what the Agency had previously 
proposed on February 22, 2013, in light of a D.C. Circuit decision that 
determined the CAA precludes authority of the EPA to create affirmative 
defense provisions. EPA outlined its updated policy that affirmative 
defense SIP provisions are not consistent with CAA requirements. EPA 
proposed in the supplemental proposal document to apply its revised 
interpretation of the CAA to specific affirmative defense SIP 
provisions and proposed SIP calls for those provisions where 
appropriate (79 FR 55920, September 17, 2014).
---------------------------------------------------------------------------

    \1\ State Implementation Plans: Response to Petition for 
Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To 
Amend Provisions Applying to Excess Emissions During Periods of 
Startup, Shutdown, and Malfunction, (78 FR 12460) Feb. 22, 2013.
---------------------------------------------------------------------------

    On June 12, 2015, pursuant to CAA section 110(k)(5), the EPA 
finalized ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to 
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend 
Provisions Applying to Excess Emissions During Periods of Startup, 
Shutdown and Malfunction,'' (80 FR 33839 June 12, 2015), hereafter 
referred to as the ``2015 SSM SIP Action.'' The 2015 SSM SIP Action 
clarified, restated, and updated the EPA's interpretation that SSM 
exemption and affirmative defense SIP provisions are inconsistent with 
CAA requirements. The 2015 SSM SIP Action found that certain SIP 
provisions in 36 states were substantially inadequate to meet CAA 
requirements and issued a SIP call to those states to submit SIP 
revisions to address the inadequacies. EPA established an 18-month 
deadline by which the affected states had to submit such SIP revisions. 
States were required to submit corrective revisions to their SIPs in 
response to the SIP calls by November 22, 2016.
    EPA issued a Memorandum in October 2020 (2020 Memorandum), which 
stated that certain provisions governing SSM periods in SIPs could be 
viewed as consistent with CAA requirements.\2\ Importantly, the 2020 
Memorandum stated that it ``did not alter in any way the determinations 
made in the 2015 SSM SIP Action that identified specific state SIP 
provisions that were substantially inadequate to meet the requirements 
of the Act.'' Accordingly, the 2020 Memorandum had no direct impact on 
the SIP call issued to Louisiana in 2015. The 2020 Memorandum did, 
however, indicate the EPA's intent at the time to review SIP calls that 
were issued in the 2015 SSM SIP Action to determine whether the EPA 
should maintain, modify, or withdraw particular SIP calls through 
future agency actions.
---------------------------------------------------------------------------

    \2\ October 9, 2020, Memorandum ``Inclusion of Provisions 
Governing Periods of Startup, Shutdown, and Malfunctions in State 
Implementation Plans,'' from Andrew R. Wheeler, Administrator.
---------------------------------------------------------------------------

    On September 30, 2021, EPA's Deputy Administrator withdrew the 2020 
Memorandum and announced EPA's return to the policy articulated in the 
2015 SSM SIP Action (2021 Memorandum).\3\ As articulated in the 2021 
Memorandum, SIP provisions that contain exemptions or affirmative 
defense provisions are not consistent with CAA requirements and, 
therefore, generally are not approvable if contained in a SIP 
submission. This policy approach is intended to ensure that all 
communities and populations, including overburdened communities, 
receive the full health and environmental protections provided by the 
CAA.\4\ The 2021 Memorandum also retracted the prior statement from the 
2020 Memorandum of EPA's plans to review and potentially modify or 
withdraw particular SIP calls. That statement no longer reflects the 
EPA's intent. EPA intends to implement the principles laid out in the 
2015 SSM SIP Action as the agency takes action on SIP submissions, 
including Louisiana's SIP submittal provided in response to the 2015 
SIP call.
---------------------------------------------------------------------------

    \3\ September 30, 2021, Memorandum ``Withdrawal of the October 
9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions 
in State Implementation Plans and Implementation of the Prior 
Policy,'' from Janet McCabe, Deputy Administrator.
    \4\ Section J, June 12, 2015 (80 FR 33985).
---------------------------------------------------------------------------

B. Louisiana's Provisions Related to Excess Emissions

    As a part of EPA's June 12, 2015 SSM SIP Action, EPA made a finding 
that certain provisions in the Louisiana SIP are substantially 
inadequate to meet CAA requirements because they contain exemptions 
from otherwise applicable SIP emission limitations, and thus

[[Page 43762]]

issued a SIP call \5\ with respect to these provisions. The SIP-called 
provisions included the following sections of the Louisiana 
Administrative Code (LAC), Title 33, Part III air rules that had been 
previously approved into the Louisiana SIP: 33:III.2153(B)(1)(i), LAC 
33:III.2201(C)(8), LAC 33:III.1107(A), LAC 33:III.1507(A)(1), LAC 
33:III.1507(B)(1), LAC 33:III.2307(C)(1)(a) and LAC 
33:III.2307(C)(2)(a).
---------------------------------------------------------------------------

    \5\ CAA section 110(k)(5).
---------------------------------------------------------------------------

    On October 20, 2016, LDEQ repealed LAC 33:III.2153(B)(1)(i), LAC 
33:III.1107(A), LAC 33:III.1507(A)(1), LAC 33:III.1507(B)(1), LAC 
33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a) from State law. Then 
by letter dated November 22, 2016, LDEQ requested the removal of the 
aforementioned provisions from the Louisiana SIP, in response to EPA's 
2015 SSM SIP Action.\6\
---------------------------------------------------------------------------

    \6\ On June 9, 2017, LDEQ submitted a SIP revision related to 
LAC 33:III.2201(C)(8); however, we are not proposing to act on that 
SIP submittal at this time. We intend to take action on the 
revisions to LAC 33:III.2201(C)(8) separately in a future rulemaking 
action.
---------------------------------------------------------------------------

II. Analysis of SIP Submission

A. Removal of LAC 33:III.1507(A) and LAC 33:III.1507(B) Exemptions

    LAC 33:III.1507(A) and LAC 33:III.1507(B) were approved by the EPA 
into the Louisiana SIP on July 15, 1993 (80 FR 33975-6). These 
provisions apply to sulfuric acid plants not subject to the 
requirements in 40 CFR 60.82 and 60.83 of 40 CFR part 60, subpart H. 
LAC 33:III.1507(A) states that ``a four-hour (continuous) start-up 
exemption from the SO2 and sulfuric acid mist emission 
limitations of LAC 33:III.1503(A) will be authorized by the 
administrative authority for facilities not subject to 40 CFR 60.82 and 
60.83.'' \7\ LAC 33:III.1507(B) provides a similar exemption from the 
SO2 and sulfuric acid mist emission limitations in LAC 
33:III.1503(A) ``where upsets have caused excessive emissions and on-
line operating changes will eliminate a temporary condition.'' \8\ In 
its November 22, 2016 SIP submittal, LDEQ reports that no sulfuric acid 
plants are eligible for the aforementioned exemptions because 40 CFR 
part 60, subpart H (Standards of Performance for Sulfuric Acid Plants) 
applies to every sulfuric acid plant located within the State. If EPA 
approves the removal of these repealed provisions from the SIP, all 
sulfuric acid plants in Louisiana will be subject to the emission 
limitations in LAC 33:III.1503(A) of the Louisiana SIP and no longer be 
able to use the two exemptions that were provided by LAC 33:III.1507(A) 
and LAC 33:III.1507(B).\9\ Furthermore, the removal of these two 
exemptions from the Louisiana SIP will not result in any emission 
increases and will not interfere with the attainment of the National 
Ambient Air Quality Standards (NAAQS), reasonable further progress, or 
any other requirement of the CAA. Therefore, the proposed approval to 
remove LAC 33:III.1507(A) and LAC 33:III.1507.B from the Louisiana SIP 
is consistent with the requirements of CAA sections 110(l) and 193.
---------------------------------------------------------------------------

    \7\ EPA issued a SIP call for LAC 33:III.1507(A)(1) on June 12, 
2015 (80 FR 33967). However, LDEQ's November 22, 2016 SIP submittal 
requests removal of LAC 33:III.1507(A) (comprised of (A)(1) and 
(A)(2)) from the Louisiana SIP. LAC 33:III.1507(A)(2) states, 
``[t]his provision is applicable to infrequent start-ups only. 
Before the exemption can be granted the administrative authority 
must determine the excess emissions were not the result of failure 
to maintain or repair equipment. In addition, the duration of excess 
emission must be minimized and no ambient air quality standard may 
be jeopardized.'' LAC 33:III.1507(A)(2) and LAC 33:III.1507(A)(1) 
are interrelated and the EPA is proposing to approve LDEQ's request 
to remove both provisions--LAC 33:III.1507(A)(1) and (A)(2)--from 
the Louisiana SIP.
    \8\ EPA issued a SIP call for LAC 33:III.1507(B)(1) on June 12, 
2015 (80 FR 33967). However, LDEQ's November 22, 2016 SIP submittal 
requests removal of LAC 33:III.1507(B) (comprised of (B)(1) and 
(B)(2)) from the Louisiana SIP. LAC 33:III.1507(B)(2) states, 
``[t]his provision is applicable to infrequent on-line adjustments 
only. Before the exemption can be granted the administrative 
authority must determine the excess emissions were not the result of 
failure to maintain or repair equipment. In addition, the duration 
of excess emissions must be minimized and no ambient air quality 
standard may be jeopardized.'' LAC 33:III.1507(B)(2) and LAC 
33:III.1507(B)(1) are interrelated and the EPA is proposing to 
approve LDEQ's request to remove both provisions--LAC 
33:III.1507(B)(1) and (B)(2)--from the Louisiana SIP.
    \9\ As noted earlier, LDEQ repealed the exemptions in LAC 
33:III.1507(A) and LAC 33:III.1507(B) as a matter of state law on 
October 20, 2016.
---------------------------------------------------------------------------

B. Removal of LAC 33:III.1107(A) Exemption

    LAC 33:III.1107(A) was originally approved by the EPA into the 
Louisiana SIP on March 8, 1989 (54 FR 9795), and later codified on July 
5, 2011 (76 FR 38977). LAC 33:III.1107(A) allows LDEQ to grant an 
exemption from the provisions of LAC 33:III.1105 (establishing a 20% 
opacity limit during certain flaring events) ``during start-up and 
shutdown periods if the flaring was not the result of failure to 
maintain or repair equipment.'' If EPA approves the removal of these 
repealed provisions from the SIP, sources with flaring events covered 
by LAC 33:III.1105 will no longer be able to use the exemption that had 
been provided by LAC 33:III.1107(A).\10\ Furthermore, the removal of 
this exemption from the Louisiana SIP will not result in any emission 
increases and will not interfere with the attainment of the NAAQS, 
reasonable further progress, or any other requirement of the CAA. 
Therefore, the proposed approval to remove LAC 33:III.1107(A) from the 
Louisiana SIP is consistent with the requirements of CAA sections 
110(l) and 193.
---------------------------------------------------------------------------

    \10\ As noted earlier, LDEQ repealed the exemption in LAC 
33:III.1107(A) as a matter of state law on October 20, 2016.
---------------------------------------------------------------------------

C. Removal of LAC 33:III.2153(B)(1)(i) Exemption

    LAC 33:III.2153(B)(1)(i) was originally approved by the EPA into 
the Louisiana SIP on June 20, 2002 (67 FR 41840), and later codified on 
July 5, 2011 (76 FR 38977). LAC 33:III.2153 (limiting volatile organic 
compound (VOC) emissions from industrial wastewater) requires 
``affected VOC wastewater streams'' to be controlled. More 
specifically, LAC 33:III.2153(B)(1)(d)(i) requires vents on covers and 
on certain junction boxes to be ``equipped with either a control device 
or a vapor recovery system that maintains a minimum control efficiency 
of 90 percent VOC removal or a VOC concentration of less than or equal 
to 50 parts per million by volume.'' LAC 33:III.2153(B)(1)(i) provides 
that the requisite control device or recovery device is ``not . . . 
required to meet the 90 percent removal efficiency or 50 parts per 
million volume basis concentration during periods of malfunction or 
maintenance on the devices for periods not to exceed 336 hours per 
year.'' If EPA approves the removal of these repealed provisions from 
the SIP, sources with affected VOC wastewater streams subject to LAC 
33:III.2153 will no longer be able to use the exemption that had been 
provided by LAC 33:III.2153(b)(1)(i).\11\ Furthermore, the removal of 
this exemption from the Louisiana SIP will not result in any emission 
increases and will not interfere with the attainment of the NAAQS, 
reasonable further progress, or any other requirement of the CAA. 
Therefore, the proposed approval to remove LAC 33:III.2153(B)(1)(i) 
from the Louisiana SIP is consistent with the requirements of CAA 
sections 110(l) and 193.
---------------------------------------------------------------------------

    \11\ As noted earlier, LDEQ repealed the exemption in LAC 
33:III.2153(B)(1)(i) as a matter of state law on October 20, 2016.

---------------------------------------------------------------------------

[[Page 43763]]

D. Removal of LAC 33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a) 
Exemptions

    LAC 33:III.2307(C)(1)(a) and LAC33:III.2307(C)(2)(a) were 
originally approved by the EPA into the Louisiana SIP on March 8, 1989 
(54 FR 9795), and later codified on July 5, 2011 (76 FR 38977). LAC 
33:III.2307(C) applies to nitric acid plants that are not subject to 40 
CFR part 60, subpart G (Standards of Performance for Nitric Acid 
Plants). LAC 33:III.2307(C)(1)(a) provides a four-hour start-up 
exemption from the NOX emission limitation of LAC 
33:III.2307(D), while LAC 33:III.2307(C)(2)(a) provides a similar 
exemption where upsets have caused excessive emissions and on-line 
operating changes will eliminate a temporary condition. If EPA approves 
the removal of these repealed provisions from the SIP, nitric acid 
plants subject to the NOX emission limitation of LAC 
III.2307(D) will no longer be able to use the exemptions that had been 
provided by LAC 33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a).\12\ 
Furthermore, the removal of this exemption from the Louisiana SIP will 
not result in any emission increases and will not interfere with the 
attainment of the NAAQS, reasonable further progress, or any other 
requirement of the CAA. Therefore, the proposed approval to remove LAC 
33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a) from the Louisiana 
SIP is consistent with the requirements of CAA sections 110(l) and 193.
---------------------------------------------------------------------------

    \12\ As noted earlier, LDEQ repealed the exemptions in LAC 
33:III.2307(C)(1)(a) and LAC 33:III.2307(C)(2)(a) as a matter of 
state law on October 20, 2016. In its November 22, 2016 SIP 
submittal, LDEQ notes that it identified only one nitric acid plant 
not subject to 40 CFR part 60, subpart G--namely, the Nitric Acid 
Train 4 (NNA4-1, EQT 0007) located at PCS Nitrogen Fertilizer's 
(PCS's) Geismar Agricultural Nitrogen & Phosphate Plant (Agency 
Interest No. 3732). LDEQ also noted that a Consent Decree between 
EPA, LDEQ, and PCS (Civil Action No. 14-707-BAJ-SCR), entered 
February 26, 2014, required PCS to install NOX control 
equipment (i.e., selective catalytic reduction, or SCR) on Nitric 
Acid Train 4, and therefore the exemptions provided by LAC 
33:III.2307(C) are no longer needed.
---------------------------------------------------------------------------

III. Proposed Action

    The EPA is proposing to approve a revision to the Louisiana SIP 
submitted by LDEQ on November 22, 2016, in response to EPA's national 
SIP call of June 12, 2015 concerning excess emissions during periods of 
SSM. We are proposing to approve the removal of LAC 33:III.1107(A), LAC 
33:III.1507(A), LAC 33:III.1507(B), LAC 33:III.2153(B)(1)(i), LAC 
33:III.2307(C)(1)(a), and LAC 33:III.2307(C)(2)(a) from the Louisiana 
SIP in accordance with section 110 of the Act. The EPA is further 
proposing to determine that this SIP revision corrects the deficiencies 
identified in the June 12, 2015 SIP call related to the above-
referenced provisions. EPA is not reopening the 2015 SSM SIP Action and 
is only taking comment on whether the proposed SIP revision is 
consistent with CAA requirements and whether it address the substantial 
inadequacies in the specific Louisiana SIP provisions identified in the 
2015 SSM SIP Action.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to Louisiana's regulations, as described in the 
Proposed Action section above. The EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office.

V. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' \13\ EPA is providing 
additional analysis of environmental justice associated with this 
action for the purpose of providing information to the public.
---------------------------------------------------------------------------

    \13\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------

    EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within 
Louisiana.\14\ The EPA then compared the data to the national average 
for each of the demographic groups.\15\ The results of the demographic 
analysis indicate that, for populations within Louisiana, the percent 
people of color (persons who reported their race as a category other 
than White alone (not Hispanic or Latino)) is similar to the national 
average (41.6 percent of Louisiana's population compared to 39.9 
percent nationally). The percent of persons who reported their race as 
Black or African American alone is significantly higher than the 
national average (32.8 percent versus 13.4 percent). The percentage of 
Louisiana's population living in poverty is 17.8 percent, which is 
higher than the national average of 11.4 percent. The percent of people 
over 25 with a high school diploma in Louisiana is similar to the 
national average (85.9 percent versus 88.5 percent), while the percent 
with a Bachelor's degree or higher is lower than the national average 
(24.9 percent versus 32.9 percent).
---------------------------------------------------------------------------

    \14\ See the United States Census Bureau's QuickFacts on 
Louisiana at https://www.census.gov/quickfacts/fact/table/LA,US/PST045221.
    \15\ Id.
---------------------------------------------------------------------------

    Communities in close proximity to industrial sources may be subject 
to disproportionate environmental impacts of excess emissions. Short- 
and/or long-term exposure to air pollution has been associated with a 
wide range of human health effects including increased respiratory 
symptoms, hospitalization for heart or lung diseases, and even 
premature death.\16\ Excess emissions during startups, shutdowns, and 
malfunctions can be considerably higher than emissions under normal 
steady-state operations. As to all population groups within Louisiana, 
as explained below, we believe that this proposed action will be 
beneficial and may reduce impacts. Exemptions for excess emissions 
during periods of SSM undermine the ability of the SIP to attain and 
maintain the NAAQS, to protect Prevention of Significant Deterioration 
increments, to improve visibility and to meet other CAA requirements. 
Such exemption provisions have the potential to lessen the incentive 
for development of control strategies that are effective at reducing 
emissions during certain modes of sources' operations such as startups 
and shutdowns or to take prompt steps to rectify malfunctions. Removal 
of these exemption provisions from the

[[Page 43764]]

Louisiana SIP will bring the treatment of excess emissions in the SIP 
into line with CAA requirements; thus, sources in the State will no 
longer be able to use the repealed exemptions and will have greater 
incentives to control their air emissions. This proposed action is 
intended to ensure that all communities and populations across 
Louisiana and downwind areas, including overburdened communities, 
receive the full human health and environmental protection provided by 
the CAA. We believe that this rule, if finalized, will not have 
disproportionately high or adverse human health or environmental 
effects on communities with environmental justice concerns.
---------------------------------------------------------------------------

    \16\ https://www.epa.gov/air-quality-management-process/managing-air-quality-human-health-environmental-and-economic#what 
(URL dated 03/16/2022).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
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 Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Particulate matter, Sulfur dioxide, Reporting 
and recordkeeping requirements, Volatile organic compounds.

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

     Dated: July 13, 2022.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2022-15422 Filed 7-21-22; 8:45 am]
BILLING CODE 6560-50-P


