Rule2025-12533
Air Plan Approval; Louisiana; Interstate Transport Requirements for the 2010 SO2 NAAQS
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2025
Effective
August 6, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the portion of the State Implementation Plan (SIP) submittal from the State of Louisiana demonstrating that the State satisfies the interstate transport requirements of section 110(a)(2)(D)(i)(I), also known as the "good neighbor" provision of the CAA, for the 2010 1-hour sulfur dioxide (SO<INF>2</INF>) primary National Ambient Air Quality Standard (NAAQS). The good neighbor provision requires each State's implementation plan to include adequate provisions prohibiting the interstate transport of air pollution in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of a NAAQS in any other State.
Full Text
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<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
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[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Rules and Regulations]
[Pages 29743-29745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12533]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0465; FRL-12681-02-R6]
Air Plan Approval; Louisiana; Interstate Transport Requirements
for the 2010 SO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the portion of the
State Implementation Plan (SIP) submittal from the State of Louisiana
demonstrating that the State satisfies the interstate transport
requirements of section 110(a)(2)(D)(i)(I), also known as the ``good
neighbor'' provision of the CAA, for the 2010 1-hour sulfur dioxide
(SO<INF>2</INF>) primary National Ambient Air Quality Standard (NAAQS).
The good neighbor provision requires each State's implementation plan
to include adequate provisions prohibiting the interstate transport of
air pollution in amounts that will contribute significantly to
nonattainment, or interfere with maintenance, of a NAAQS in any other
State.
DATES: This rule is effective on August 6, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2013-0465. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Nevine Salem, EPA Region 6 Office,
Ozone and Infrastructure SIP Section, 214-665-7222,
<a href="/cdn-cgi/l/email-protection#7102101d141c5f1f1407181f14311401105f161e07"><span class="__cf_email__" data-cfemail="2251434e474f0c4c47544b4c47624752430c454d54">[email protected]</span></a>. 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.
I. Background
Section 110(a)(2)(D)(i)(I) of the CAA requires a State's SIP to
include provisions prohibiting any source or other type of emission
activity in the State from emitting any air pollutant in amounts that
will contribute significantly to nonattainment, or interfere with
maintenance, of the NAAQS in any other State. EPA has long interpreted
this language to enact a ``functional prohibition'' on certain emission
from upwind states, necessitating the EPA's independent assessment
whether those emissions will occur or have been adequately controlled
in the State where they originate.\1\ The EPA often refers to these
requirements as Prong 1 (significant contribution to nonattainment of
the NAAQS) and Prong 2 (interference with maintenance of the NAAQS).
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\1\ See Genon Rema LLC v. EPA, 722 F. 3d 513, 520-24 (3d Cir.
2013); Appalachian Power Co. v. EPA, 249 F. 2d 1032, 1045-47 (D.C.
Cir. 2001); see also 71 FR 25328, 25335 (April 28, 2006) (explaining
that the SIP/FIP process under section 110 and the petitioning
process for direct Federal regulation under section 126 provide
independent means of effectuating the same ``functional
prohibition'' found CAA section 110(a)(2)(D)(i)(I)).
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On June 4, 2013, the State of Louisiana submitted to the EPA a SIP
revision to address the requirements of CAA section 110(a)(1) and (2),
including
[[Page 29744]]
section 110(a)(2)(D)(i)(I) for the 2010 SO<INF>2</INF> NAAQS. A copy of
the submittal is in the docket for this action. Other portions of this
SIP revision were addressed in 81 FR 68322 (October 4, 2016).
The EPA proposed to approve Prong 1 and Prong 2 portions of the
infrastructure SIP submission submitted by the State of Louisiana on
June 4, 2013, addressing interstate transport for the 2010 1-hour
SO<INF>2</INF> NAAQS. The details of the SIP revision and rationale for
the EPA's action is explained in the April 9, 2025 (90 FR 15213),
notice of proposed rulemaking (NPRM).\2\
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\2\ Additional details regarding EPA's review of updated
available data, weight of evidence analysis approach and evaluation
are provided in the Technical Support Document (TSD) available in
the docket supporting this final action.
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The EPA provided a 30-day review and comment period for the April
9, 2025, proposed rulemaking. The comment period ended on May 9, 2025.
We received three relevant comments in favor/support of our proposed
action, one from the Louisiana Public Service Commission, one from an
anonymous commentor, and one from a citizen. EPA appreciates the
comments. See section II of this preamble for a brief discussion of the
comments. A full copy of the comments is included in the docket for
this rule.
II. Response to Comments
Comment: The Louisiana Public Service Commission (LPSC) submitted a
comment letter on May 9, 2025, to request the EPA to consider
finalizing the NPRM. The LPSC stated that the rulemaking supports
cooperative federalism, preserves the LPSC's authority to regulate
retail electric rates and services, and avoids the reliability and cost
challenges associated with Federal mandates.
Response: We appreciate the LPSC's comments supporting the EPA's
rulemaking.
Comment: An anonymous public comment was received on April 14,
2025, that supports the EPA's NPRM. The commentor recognized the
environmental and health impacts associated with SO<INF>2</INF>
emissions and encouraged the EPA to proceed with this regulation.
Response: EPA appreciates the comments of support. EPA is committed
to successful implementation of CAA required NAAQS standards.
Comment: A citizen submitted a comment on April 16, 2025, to
express an appreciation of the benefits that America receives from the
CAA and its regulatory requirements. The citizen expressed concerns
with actions that would reduce regulations such as the ``Good Neighbor
Plan''. The commentor stated that the elimination of the Good Neighbor
plan would result in a deterioration in air quality and citizens
health.
Response: EPA acknowledges the citizen's concerns, we are committed
to protecting the air quality, environment and human health through
implementation of various regulations and programs, and it should be
noted that this action was taken under the ``Good Neighbor Plan.''
III. Final Action
The EPA is approving the portions of the Louisiana's June 4, 2013,
SIP that address two of the interstate transport requirements for the
2010 1-hour SO<INF>2</INF> NAAQS, prong 1 and prong 2, as these
portions meet the requirements in CAA section 110 and specifically in
110(a)(2)(D)(i)(I). EPA determines that the Louisiana SIP contains
adequate provisions to ensure that the air emissions in the state will
not significantly contribute to nonattainment or interfere with
maintenance of the 2010 SO<INF>2</INF> NAAQS in any other state. This
action is being taken under section 110 of the Act.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because State Implementation Plan approvals under the
CAA are exempt from review under Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 September 5, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Interstate transport of pollution, Sulfur oxide.
[[Page 29745]]
Dated: June 26, 2025.
Walter Mason
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.970(e), the second table titled ``EPA Approved Louisiana
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by
adding the entry ``Interstate Transport for the 2010 SO<INF>2</INF>
NAAQS (contribute to nonattainment or interfere with maintenance)'' at
the end of the table to read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(e) * * *
EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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State submittal
Name of SIP provision Applicable geographic date/effective EPA approval Explanation
or nonattainment area date date
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* * * * * * *
Interstate transport for the Statewide............ 06/04/2013 07/07/2025, 90 Adequate provisions
2010 SO2 NAAQS (contribute to FR [INSERT prohibiting
nonattainment or interfere FEDERAL emissions which will
with maintenance). REGISTER PAGE contribute
WHERE THE significantly to
DOCUMENT nonattainment in or
BEGINS]. interfere with
maintenance of the
2010 SO2 NAAQS in
any other State.
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[FR Doc. 2025-12533 Filed 7-3-25; 8:45 am]
BILLING CODE 6560-50-P
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