Toughen emission rules or EPA will

The U.S. Environmental Protection Agency has recommended Louisiana strengthen its rules over the release of ozone-creating nitrogen oxide air emissions by industries in the Baton Rouge area or face new enforcement rules by the federal agency. 

The recommended rule changes would affect nitrogen oxide emissions from power plants and industrial facilities in five Baton Rouge-area parishes - Ascension, East Baton Rouge, Iberville, Livingston and West Baton Rouge.  

In 2015, the EPA notified the state it was reducing the acceptable levels for emissions and requested Louisiana upgrade its plan for the high-ozone region to reflect those changes.  

Louisiana submitted its plan in 2016 and revised it in 2017 to allow industries to comply with the emission limits or follow individually tailored "work practice standards" during periods of startup and shutdown, during which, EPA said, the limits could be exceeded. 

In June, EPA published a notice in the Federal Register saying it found the state's work practice standards provisions were too lenient. 

In this week's decision, the federal agency refused to accept arguments by the state Department of Environmental Quality, Louisiana Chemical Association and Louisiana Mid-Continent Oil and Gas Association that attempted to support the way the work practice standards were being implemented. 

The state and industry groups argue that the stringent limits are either not achievable or cost too much for many utilities and industries to put in place. 

In its response, EPA said Louisiana's rules are written to allow state officials to approve emission increases without EPA approval, in violation of federal law. 

"This final action will require Louisiana to fix the problem within two years of the Jan. 8, 2024 implementation date, said Joseph Robledo, a spokesperson for EPA's Dallas regional office. "Otherwise, EPA will issue a federal air plan for the state."  

LDEQ has several options: pursue litigation, craft new startup/shutdown work practice standards or require affected sources comply with the emission factors.

Gov.-elect Jeff Landry will be sworn in on Jan. 8. He has named Aurelia Skipwith Giacometto, who served as secretary of the U.S. Fish and Wildlife Service in the Trump administration, to lead LDEQ. 

Both men have been critical of federal over-regulation of industry; and Landry, as attorney general, has challenged EPA efforts in federal court. (NOLA.com 12/08/23) EPA to La.: strengthen B. R. air emission rules, or we will | Environment | nola.com