Rule2025-12801
Air Plan Approval; Louisiana; Nonattainment Plan for the Evangeline Parish 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard Nonattainment Area
Primary source
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Published
July 10, 2025
Effective
August 11, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision which Louisiana submitted to EPA on April 2, 2025, for attaining the Evangeline Parish 2010 1-hour sulfur dioxide (SO<INF>2</INF>) primary national ambient air quality standard (NAAQS) nonattainment area. EPA is finalizing approval of the following Clean Air Act (CAA) SIP elements: The attainment demonstration for the SO<INF>2</INF> NAAQS, which includes an Agreed Order on Consent (AOC) for the Cabot Corporation's Ville Platte Plant (Cabot) facility; the reasonable further progress (RFP) plan; the reasonably available control measures (RACM) and reasonably available control technology (RACT) demonstration; the emission inventories; and the contingency measures. The State has demonstrated that its current Nonattainment New Source Review (NNSR) program covers this NAAQS; therefore, no revision to the SIP is required for the NNSR element.
Full Text
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<title>Federal Register, Volume 90 Issue 130 (Thursday, July 10, 2025)</title>
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[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Rules and Regulations]
[Pages 30591-30593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12801]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2025-0173; FRL-12753-02-R6]
Air Plan Approval; Louisiana; Nonattainment Plan for the
Evangeline Parish 2010 Sulfur Dioxide Primary National Ambient Air
Quality Standard Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revision which Louisiana submitted to
EPA on April 2, 2025, for attaining the Evangeline Parish 2010 1-hour
sulfur dioxide (SO<INF>2</INF>) primary national ambient air quality
standard (NAAQS) nonattainment area. EPA is finalizing approval of the
following Clean Air Act (CAA) SIP elements: The attainment
demonstration for the SO<INF>2</INF> NAAQS, which includes an Agreed
Order on Consent (AOC) for the Cabot Corporation's Ville Platte Plant
(Cabot) facility; the reasonable further progress
[[Page 30592]]
(RFP) plan; the reasonably available control measures (RACM) and
reasonably available control technology (RACT) demonstration; the
emission inventories; and the contingency measures. The State has
demonstrated that its current Nonattainment New Source Review (NNSR)
program covers this NAAQS; therefore, no revision to the SIP is
required for the NNSR element.
DATES: This rule is effective on August 11, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2025-0173. 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: Matthew Gesualdo, EPA Region 6 Office,
SO<INF>2</INF> and Regional Haze Section, 214-665-6530,
<a href="/cdn-cgi/l/email-protection#5c3b392f293d30383372313d282834392b1c392c3d723b332a"><span class="__cf_email__" data-cfemail="8ee9ebfdfbefe2eae1a0e3effafae6ebf9ceebfeefa0e9e1f8">[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
The background for this action is discussed in detail in our May 8,
2025, proposal (90 FR 19437) and accompanying Technical Support
Document (TSD). In that document, we proposed to approve the April 2,
2025, SIP revision submitted by Louisiana Department of Environmental
Quality (LDEQ) for the 2010 1-hour SO<INF>2</INF> primary NAAQS for the
Evangeline Parish nonattainment area. As part of this action, EPA also
proposed to approve the Administrative Order on Consent between LDEQ
and Cabot as a source-specific revision and to incorporate it by
reference into the SIP to provide the enforceable control strategy for
the Evangeline Parish area.
The SO<INF>2</INF> nonattainment plan includes Louisiana's
attainment demonstration (AD) for the Evangeline Parish SO<INF>2</INF>
nonattainment area. LDEQ modeled air quality based on the Cabot
facility's updated emission limits; through that modeling, LDEQ
provided sufficient information that the revised limits at the Cabot
facility would allow the area to meet the standard. Therefore, EPA
concludes that the modeling in LDEQ's plan adequately demonstrates that
the control requirements that apply to relevant sources in the area,
including the one-hour SO<INF>2</INF> emission limits for the Cabot
facility, provide for attainment in the area. This nonattainment plan
also addresses requirements for emission inventories, RACT/RACM, RFP,
and contingency measures. Louisiana has previously addressed
requirements regarding nonattainment area New Source Review (NSR). EPA
has determined that Louisiana's SO<INF>2</INF> nonattainment plan meets
the applicable requirements of CAA sections 172, 179(d), 191, and 192.
II. Response to Comments
The public comment period for the proposed rulemaking ended on June
9, 2025. EPA did not receive any comments.
III. Final Action
EPA is finalizing approval of Louisiana's attainment plan submitted
on April 2, 2025, as a revision to Louisiana's SIP, for attaining the
2010 1-hour SO<INF>2</INF> primary NAAQS for Evangeline Parish. EPA is
also taking final action to approve as a source-specific revision to
the SIP and incorporate by reference into the State's SIP, the
Administrative Order on Consent between LDEQ and Cabot, which provides
the enforceable control strategy for the Evangeline Parish area.
IV. Incorporation by Reference
In this action, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the
Louisiana AOC for Cabot Corporation's Ville Platte Plant, effective
March 28, 2025, as described in section III of this preamble, Final
Action. EPA has made, and will continue to make, these documents
generally available electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions 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 final 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 8, 2025. Filing a
petition for
[[Page 30593]]
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, Intergovernmental relations, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
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:
0
a. In paragraph (d), the table titled ``EPA-Approved Louisiana Source-
Specific Requirements'' is amended by adding an entry for ``Cabot
Corporation, Ville Platte Plant'' at the end of the table; and
0
b. In paragraph (e), the second table titled ``EPA Approved Louisiana
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by
adding an entry for ``Evangeline Parish Nonattainment Area Plan and
Attainment Demonstration for the 2010 Primary 1-Hour SO<INF>2</INF>
NAAQS'' at the end of the table.
The additions read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Louisiana Source-Specific Requirements
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State
approval/
Name of source Permit or order No. effective EPA approval date Comments
date
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* * * * * * *
Cabot Corporation, Ville Platte 2025-AP-SO2-00..... 3/28/2025 7/10/2025, 90 FR Administrative Order on
Plant. [INSERT FEDERAL Consent dated 3/28/
REGISTER PAGE 2025. Operate according
WHERE THE DOCUMENT to two categories. Part
BEGINS]. of the Evangeline
Parish SO2
Nonattainment Area
Plan.
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(e) * * *
EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable State
Name of SIP provision geographic or submittal date/ EPA approval date Explanation
nonattainment area effective date
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* * * * * * *
Evangeline Parish Nonattainment Evangeline Parish, 4/2/2025 7/10/2025, 90 FR
Area Plan and Attainment Louisiana SO2 [INSERT.
Demonstration for the 2010 Nonattainment Area. FEDERAL REGISTER
Primary 1-Hour SO2 NAAQS. PAGE WHERE THE
DOCUMENT BEGINS].
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[FR Doc. 2025-12801 Filed 7-9-25; 8:45 am]
BILLING CODE 6560-50-P
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