**ENVIRONMENTAL PROTECTION AGENCY**

**40 CFR Parts 63**

**\[EPA-R06-OAR-2005-LA-0004; FRL- \]**

**National Emission Standards for Hazardous Air Pollutants;**

**Delegation of Authority to Louisiana**

**AGENCY:** Environmental Protection Agency (EPA).

**ACTION:** Direct final rule; delegation of authority

**SUMMARY:** The Louisiana Department of Environmental Quality (LDEQ)
has submitted updated regulations for receiving delegation of EPA
authority for implementation and enforcement of National Emission
Standards for Hazardous Air Pollutants (NESHAPs) for certain sources
(both part 70 and non-part 70 sources). These regulations apply to
certain NESHAPs promulgated by EPA, as amended through July 1, 2004. The
delegation of authority under this notice does not apply to sources
located in Indian Country. EPA is providing notice that it is taking
direct final action to approve the delegation of certain NESHAPs to
LDEQ.

**DATES:** This rule is effective on **\[Insert date 60 days from date
of publication in the Federal Register\]**, without further notice,
unless EPA receives adverse comment by **[\[Insert date 30 days from
date of publication in the Federal Register\]]{.underline}**. If EPA
receives such comment, EPA will publish a timely withdrawal in the
[Federal]{.underline} [Register]{.underline} informing the public that
this rule will not take effect.

**ADDRESSES:** Submit your comments, identified by Docket ID No.
EPA-R06-OAR-2005-LA-0004, by one of the following methods:

• Federal eRulemaking Portal:
[http://www.regulations.gov](http://www.regulations.gov/). Follow the
on-line instructions for submitting comments.

• U.S. EPA Region 6 "Contact Us" web site:
<http://epa.gov/region6/r6coment.htm> Please click on "6PD" (Multimedia)
and select "Air" before submitting comments.

• E-mail: Jeff Robinson at
[robinson.jeffrey@epa.gov](../robinson.jeffrey@epa.gov). Please also cc
the person listed in the FOR FURTHER INFORMATION CONTACT section below.

• Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at fax number
214-665-7263.

• Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R), Environmental
Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas
75202-2733.

• Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Such deliveries are accepted only between the
hours of 8:00am and 4:00pm weekdays except for legal holidays. Special
arrangements should be made for deliveries of boxed information.

*Instructions:* Direct your comments to Docket ID No.
EPA-R06-OAR-2005-LA-0004. EPA\'s policy is that all comments received
will be included in the public docket without change and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through

[www.regulations.gov](http://www.regulations.gov/) or e-mail. The
www.regulations.gov website is an "anonymous access" system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through www.regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

*Docket:* All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
at the Air Permitting Section (6PD-R), Environmental Protection Agency,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be
made available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30am and 4:30pm weekdays except for
legal holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. If possible, please make
the appointment at least two working days in advance of your visit.
There will be a 15

cents per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.

The State submittal is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:

Louisiana Department of Environmental Quality, Office of Environmental
Assessment, 602 N. Fifth Street, Baton Rouge, Louisiana 70802.

**FOR FURTHER INFORMATION CONTACT:** Mr. Jeff Robinson, U.S. EPA, Region
6, Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue,
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number
214-665-7263; or electronic mail at *robinson.jeffrey@epa.gov.*

**SUPPLEMENTARY INFORMATION:** Throughout this document wherever "we,"
"us," or "our" is used, we mean the EPA.

**SUPPLEMENTARY INFORMATION:**

**Table of Contents**

I. General Information

II\. What Does This Action Do?

III\. What Is The Authority For Delegation?

IV\. What Criteria Must Louisiana's Program Meet To Be Approved?

V. How Did LDEQ Meet The Subpart E Approval Criteria?

VI\. What Is Being Delegated?

VII\. What Is Not Being Delegated?

VIII\. How Will Applicability Determinations Under Section 112 Be Made?

IX\. What Authority Does EPA Have?

X. What Information Must LDEQ Provide To EPA?

XI\. What Is EPA's Oversight Of This Delegation To LDEQ?

XII\. Should Sources Submit Notices To EPA Or LDEQ?

XIII\. How Will Unchanged Authorities Be Delegated To LDEQ In The
Future?

XIV\. Final Action

XV\. Statutory and Executive Order Reviews

I.  **General Information**

    A. Tips for Preparing Your Comments.

    When submitting comments, remember to:

    1\. Identify the rulemaking by docket number and other identifying
    information (subject heading, Federal Register date and page
    number).

    2\. Follow directions - The agency may ask you to respond to
    specific questions or organize comments by referencing a Code of
    Federal Regulations (CFR) part or section number.

    3\. Explain why you agree or disagree; suggest alternatives and
    substitute language for your requested changes.

    4\. Describe any assumptions and provide any technical information
    and/or data that you used.

    5\. If you estimate potential costs or burdens, explain how you
    arrived at your estimate in sufficient detail to allow for it to be
    reproduced.

    6\. Provide specific examples to illustrate your concerns, and
    suggest alternatives.

    7\. Explain your views as clearly as possible, avoiding the use of
    profanity or personal threats.

    8\. Make sure to submit your comments by the comment period deadline
    identified.

    B. Submitting confidential business information (CBI)

    Do not submit this information to EPA through www.regulations.gov or
    e-mail. Clearly mark the part or all of the information that you
    claim to be CBI. For CBI information in a disk or CD ROM that you
    mail to EPA, mark the outside of the disk or CD ROM as CBI and then
    identify electronically within the disk or CD ROM the specific
    information that is claimed as CBI. In addition to one complete
    version of the comment that includes information claimed as CBI, a
    copy of the comment that does not contain the information claimed as
    CBI must be submitted for inclusion in the public docket.
    Information so marked will not be disclosed except in accordance
    with procedures set forth in 40 CFR part 2.

    **II. What Does This Action Do?**

    EPA is taking direct final action to approve the delegation of
    certain NESHAPs to LDEQ. With this delegation, LDEQ has the primary
    responsibility to implement and enforce the delegated standards. See
    Section VI, below, for a complete discussion of which standards are
    being delegated and which are not being delegated.

    **III. What Is The Authority For Delegation?**

    Section 112(l) of the CAA and 40 CFR part 63, Subpart E, authorizes
    EPA to delegate authority to any state or local agency which submits
    adequate regulatory procedures for implementation and enforcement of
    emission standards for hazardous air pollutants. The hazardous air
    pollutant standards are codified at 40 CFR part 63.

    **IV. What Criteria Must Louisiana's Program Meet To Be Approved?**

    EPA previously approved LDEQ's program for the delegation of certain
    NESHAP standards in 40 CFR part 63 on March 26, 2004 (69 FR 15687),
    and updated the delegation on December 15, 2004 (69 FR 74979).
    Section 112(l) of the CAA enables EPA to approve State air toxics
    programs or rules to operate in place of the Federal air toxics
    program or rules. 40

    CFR part 63, Subpart E (Subpart E) governs EPA's approval of State
    rules or programs under Section 112(l).

    EPA will approve an air toxics program if we find that:

    \(1\) the State program is \"no less stringent\" than the
    corresponding Federal program or rule;

    \(2\) the State has adequate authority and resources to implement
    the program;

    \(3\) the schedule for implementation and compliance is sufficiently
    expeditious; and

    \(4\) the program otherwise complies with Federal guidance.

    In order to obtain approval of its program to implement and enforce
    Federal section 112 rules as promulgated without changes (straight
    delegation), only the criteria of 40 CFR 63.91(d) must be met. 40
    CFR 63.91(d)(3) provides that interim or final Title V program
    approval will satisfy the criteria of 40 CFR 63.91(d) for part 70
    sources.

    **V. How Did LDEQ Meet The Subpart E Approval Criteria?**

    As part of its Title V submission, LDEQ stated that it intended to
    use the mechanism of incorporation by reference to adopt unchanged
    Federal section 112 into its regulations. This applied to both
    existing and future standards as they applied to part 70 sources. 59
    FR 43797 (August 25, 1994) and 60 FR 17750 (April 7, 1995). On
    September 12, 1995, EPA promulgated final full approval of the
    State\'s operating permits program effective October 12, 1995. 60
    FR 42296. Under 40 CFR 63.91(d)(2), once a state has satisfied
    up-front approval criteria, it needs

    only to reference the previous demonstration and reaffirm that it
    still meets the criteria for any subsequent submittals. LDEQ has
    affirmed that it still meets the up-front approval criteria.

    **VI. What Is Being Delegated?**

    EPA received LDEQ's request to update the NESHAP delegation on
    August 12, 2005. LDEQ requested the EPA to update the delegation of
    authority for the following:

    A. NESHAPs (40 CFR part 63 standards) through July 1, 2004.

    LDEQ's request was for delegation of certain NESHAPS for all sources
    (both part 70 and non-part 70 sources). The request includes
    revisions of the NESHAP standards adopted unchanged into Louisiana
    Administrative Code (LAC) Title 33:III, Chapter 51, Subchapter C, §
    5122 - Incorporation by Reference of 40 CFR part 63 as it Applies to
    Major Sources; and Chapter 53, Subchapter B, § 5311 - Incorporation
    by Reference of 40 CFR part 63 as it Applies to Area Sources. LDEQ
    also requested that EPA remove the delegation for Subpart D -- Early
    Reductions. LDEQ has requested delegation of the part 63 NESHAPs set
    forth in Table 1 below.

+------------------+---------------------------------------------------+
| # Table 1        |                                                   |
+------------------+---------------------------------------------------+
| **40 CFR Part 63 |                                                   |
| NESHAP for       |                                                   |
| Source           |                                                   |
| Categories**     |                                                   |
+------------------+---------------------------------------------------+
| Subpart          | Source Category                                   |
+------------------+---------------------------------------------------+
| EEEE             | Organic Liquids Distribution (Non-Gasoline)       |
+------------------+---------------------------------------------------+
| FFFF             | Miscellaneous Organic Chemical Manufacturing      |
|                  | (MON)                                             |
+------------------+---------------------------------------------------+
| IIII             | Surface Coating of Auto and Light Duty Trucks     |
+------------------+---------------------------------------------------+
| KKKK             | Surface Coating of Metal Cans                     |
+------------------+---------------------------------------------------+
| MMMM             | Surface Coating of Miscellaneous Metal Parts and  |
|                  | Products                                          |
+------------------+---------------------------------------------------+
| PPPP             | Surface Coating of Plastic Parts and Products     |
+------------------+---------------------------------------------------+
| YYYY             | Stationary Combustion Turbines                    |
+------------------+---------------------------------------------------+
| ZZZZ             | Stationary Reciprocating Internal Combustion      |
|                  | Engines (RICE)                                    |
+------------------+---------------------------------------------------+
| AAAAA            | Lime Manufacturing Plants                         |
+------------------+---------------------------------------------------+
| EEEEE            | Iron and Steel Foundries                          |
+------------------+---------------------------------------------------+
| GGGGG            | Site Remediation                                  |
+------------------+---------------------------------------------------+
| HHHHH            | Miscellaneous Coating Manufacturing               |
+------------------+---------------------------------------------------+
| IIIII            | Mercury Cell Chlor-Alkali Plants                  |
+------------------+---------------------------------------------------+
| RRRRR            | Taconite Iron Ore Processing                      |
+------------------+---------------------------------------------------+
| TTTTT            | Primary Magnesium Refining                        |
+------------------+---------------------------------------------------+

**VII. What Is Not Being Delegated?**

EPA cannot delegate to a State any of the Category II Subpart A
authorities set forth in 40 CFR 63.91(g)(2). These include the following
provisions: § 63.6(g), Approval of Alternative Non-Opacity Standards; §
63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii)
and (f), Approval of Major Alternatives to Test Methods; § 63.8(f),
Approval of Major Alternatives to Monitoring; and § 63.10(f), Approval
of Major Alternatives to Recordkeeping and Reporting. In addition, some
MACT standards have certain provisions that cannot be delegated to the
States \[*e.g.* 40 CFR 63.106(b)\]. Therefore, any MACT standard that
EPA is delegating to LDEQ that provides that certain authorities cannot
be delegated are retained by EPA and not delegated. Furthermore, no
authorities are delegated that require rulemaking in the
[Federal]{.underline} [Register]{.underline} to implement, or where
Federal overview is the only way to ensure national

consistency in the application of the standards or requirements of CAA
Section 112. EPA will change the delegation status of part 63 - Subpart
J standard for Polyvinyl Chloride and

Copolymers Production in this delegation action. This standard was
vacated by *Mossville Environmental Action Now v. EPA*, 370 F. 3d 1232
(D.C. Cir. 2004), and EPA's petition for rehearing was denied by the
Court of Appeals for the D.C. Circuit on April 15, 2005. This standard
was previously delegated to LDEQ. EPA is currently preparing a new
Subpart J standard. Finally, Section 112(r), the accidental release
program authority, is not being delegated by this approval.

All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Louisiana should
be directed to the EPA Region 6 Office.

In addition, this delegation to LDEQ to implement and enforce certain
NESHAPs does not extend to sources or activities located in Indian
country, as defined in 18 U.S.C. 1151. Under this definition, EPA treats
as reservations, trust lands validly set aside for the use of a Tribe
even if the trust lands have not been formally designated as a
reservation. Consistent with previous federal program approvals or
delegations, EPA will continue to implement the NESHAPs in Indian
country because LDEQ has not adequately demonstrated its authority over
sources and activities located within the exterior boundaries of Indian
reservations and other areas in Indian country.

**VIII. How Will Applicability Determinations Under Section 112 Be
Made?**

In approving this delegation, LDEQ will obtain concurrence from EPA on
any matter involving the interpretation of section 112 of the CAA or 40
CFR part 63 to the extent that implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.

**IX. What Authority Does EPA Have?**

We retain the right, as provided by CAA section 112(l)(7), to enforce
any applicable emission standard or requirement under Section 112. EPA
also has the authority to make certain decisions under the General
Provisions (Subpart A) of part 63. We are granting LDEQ some of these
authorities, and retaining others, as explained in Sections VI and VII
above. In addition, EPA may review and disapprove of State
determinations and subsequently require corrections. (*See* 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)

Furthermore, we retain any authority in an individual emission standard
that may not be delegated according to provisions of the standard. Also,
listed in the footnotes of the part 63 delegation table at the end of
this rule are the authorities that cannot be delegated to any State or
local agency which we therefore retain.

**X. What Information Must LDEQ Provide To EPA?**

In delegating the authority to implement and enforce these rules and in
granting a waiver of EPA notification requirements, we require LDEQ to
input all source information into the Aerometric Information Retrieval
System (AIRS) for both point and area sources, as applicable. LDEQ must
enter this information into the AIRS system and update the information
by September 30 of every year. LDEQ must provide any additional
compliance related information to EPA, Region 6, Office of Enforcement
and Compliance Assurance within 45 days of a request under 40 CFR
63.96(a).

In receiving delegation for specific General Provisions authorities,
LDEQ must submit to EPA Region 6 on a semi-annual basis, copies of
determinations issued under these authorities. For part 63 standards,
these determinations include: applicability determinations (63.1);
approval/disapprovals of construction and reconstruction \[63.5(e) and
(f)\]; notifications regarding the use of a continuous opacity
monitoring system \[63.6(h)(7)(ii)\]; finding of compliance
\[63.6(h)(8)\]; approval/disapprovals of compliance extensions
\[63.6(i)\]; approvals/disapprovals of minor \[63.7(e)(2)(i)\] or
intermediate \[63.7(e)(2)(ii) and (f)\] alternative test methods;
approval of shorter sampling times and volumes \[63.7(e)(2)(iii)\];
waiver of performance testing \[63.7(e)(2)(iv) and (h)(2), (3)\];
approvals/disapprovals of minor or intermediate alternative monitoring
methods \[63.8(f)\]; approval of adjustments to time periods for
submitting reports (63.9 and 63.10); and approvals/disapprovals of minor
alternatives to recordkeeping and reporting \[63.10(f)\].

Additionally, EPA's Emission Measurement Center of the Emissions
Monitoring and Analysis Division must receive copies of any approved
intermediate changes to test methods or monitoring. (Please note that
intermediate changes to test methods must be demonstrated as equivalent
through the procedures set out in EPA method 301.) This information on
approved intermediate changes to test methods and monitoring will be
used to compile a database of decisions that will be accessible to State
and local agencies and EPA Regions for reference in making future
decisions. (For definitions of *major, intermediate* and *minor*
alternative test methods or monitoring methods, see 40 CFR 63.90). The
LDEQ should forward these intermediate test methods or monitoring
changes via mail or facsimile to: Chief, Source Categorization Group A,
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone
number: (919) 541-1039.

**XI. What Is EPA's Oversight Of This Delegation To LDEQ?**

EPA must oversee LDEQ's decisions to ensure the delegated authorities
are being adequately implemented and enforced. We will integrate
oversight of the delegated authorities into the existing mechanisms and
resources for oversight currently in place. If, during oversight, we
determine that LDEQ made decisions that decreased the stringency of the
delegated standards, then LDEQ shall be required to take corrective
actions and the source(s) affected by the decisions will be notified, as
required by 40 CFR 63.91(g)(1)(ii). We will initiate withdrawal of the
program or rule if the corrective actions taken are insufficient.

**XII. Should Sources Submit Notices To EPA Or LDEQ?**

All of the information required pursuant to the Federal NESHAP (40 CFR
part 63) should be submitted by sources located outside of Indian
country, directly to the LDEQ at the following address: Office of
Environmental Services, P. O. Box 4313, Baton Rouge, LA 70821-4313. The
LDEQ is the primary point of contact with respect to delegated NESHAPs.
Sources do not need to send a copy to EPA. EPA Region 6 waives the
requirement that notifications and reports for delegated standards be
submitted to EPA in addition to LDEQ in accordance with 40 CFR
63.9(a)(4)(ii) and 63.10(a)(4)(ii).

**XIII. How Will Unchanged Authorities Be Delegated To LDEQ In The
Future?**

In the future, LDEQ will only need to send a letter of request to EPA,
Region 6, for those NESHAP regulations that LDEQ has adopted by
reference. The letter must reference the previous up-front approval
demonstration and reaffirm that it still meets the up-front approval
criteria. We will respond in writing to the request stating that the
request for delegation is either granted or denied. A
[Federal]{.underline} [Register]{.underline} will be published to inform
the public and affected sources of the delegation, indicate where source
notifications and reports should be sent, and to amend the relevant
portions of the Code of Federal Regulations showing which NESHAP
standards have been delegated to LDEQ.

**XIV. Final Action**

The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of Section 112
standards, as they apply to part 70 sources, on August 24, 1994, for the
proposed interim approval of LDEQ's Title V operating permits program;
and on April 7, 1995, for the proposed final approval of LDEQ's Title V
operating permits program. In EPA's final full approval of Louisiana's
Operating Permits Program (60 FR 47296), the EPA discussed the public
comments on the proposed delegation of the Title V operating permits
program. The public was also given the opportunity to comment on the
delegation of authority to Louisiana for National Emission Standards for
Hazardous Air Pollutants on March 26, 2004 (69 FR 15687 and 69 FR 15755)
and on December 15, 2004 (69 FR 74979), and received no public comments
on either delegation of authority. In this action, the public is given
the opportunity to comment on the approval of LDEQ's request for
delegation of authority to implement and enforce certain Section 112
standards for all sources (both part 70 and non-part 70 sources) which
have been adopted by reference into Louisiana's state regulations.
However, the Agency views the approval of these requests as a
non-controversial action and anticipates no adverse comments. Therefore,
EPA is publishing this rule without prior proposal. However, in the
"Proposed Rules" section of today's **Federal Register** publication,
EPA is publishing a separate document that will serve as the proposal to
approve the program and delegation of authority described in this action
if adverse comments are received. This action was effective on
**\[Insert date 60 days from date of publication in the Federal
Register\]**, without further notice unless the Agency receives relevant
adverse comments by **\[[Insert date 30 days from date of publication in
the Federal Register]{.underline}\].**

If EPA receives adverse comments, we will publish a timely withdrawal in
the **Federal Register** informing the public the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. The EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if we receive adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

**XV. Statutory and Executive Order Reviews**

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a \"significant regulatory action\" and therefore is not subject
to review by the Office of Management and Budget. For this reason, this
action is also not subject to Executive Order 13211, \"Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use\" (66 FR 28355, May 22, 2001). This action merely
approves state law as meeting Federal requirements and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4).

This rule also does not have tribal implications because it will not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
"Protection of Children from Environmental Health Risks and Safety
Risks" (62 FR 19885, April 23, 1997), because it is not economically
significant.

In reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act of
1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act, 5 U.S.C. section 801 et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the
*[Federal]{.underline} [Register]{.underline}*. This action is not a
"major rule" as defined by 5 U.S.C. section 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 **[\[FEDERAL REGISTER OFFICE:
insert date 60 days from date of publication of this document in the
Federal Register\]]{.underline}**. Filing a petition for reconsideration
by the Administrator of this final rule does not affect the finality of
this rule 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**

40 CFR Part 63

Environmental protection, Air pollution control, Hazardous substances,
Intergovernmental relations, Reporting and recordkeeping requirements,
Incorporation by reference.

**Authority:** This action is issued under the authority of Section 112
of the Clean Air Act, as amended, 42 U.S.C. 7412.

April 7, 2006.

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Dated: Richard E. Greene

Regional Administrator

Region 6

40 CFR part 63 is amended as follows:

**Part 63 -- \[AMENDED\]**

1\. The authority citation for part 63 continues to read as follows:

**Authority:** 42 U.S.C. 7401 et seq.

## Subpart E -- Approval of State Programs and Delegation of Federal Authorities

2.  Section 63.99 is amended by revising paragraph (a)(18)(i) as
    follows:

    **§63.99 Delegated Federal Authorities**

    \(a\) \*\*\*

    \(18\) \*\*\*

    \(i\) The following table lists the specific part 63 standards that
    have been delegated unchanged to the Louisiana Department of
    Environmental Quality for all sources. The "X" symbol is used to
    indicate each subpart that has been delegated. The delegations are
    subject to all of the conditions and limitations set forth in
    Federal law, regulations, policy, guidance, and determinations. Some
    authorities cannot be delegated and are retained by EPA. These
    include certain General Provisions authorities and specific parts of
    some standards. Any amendments made to these rules after the date of
    adoption are not delegated.

    DELEGATION STATUS FOR PART 63 STANDARDS - STATE OF LOUISIANA^1^

  ---------- --------------------------------------------------- -----------
  SUBPART    SOURCE CATEGORY                                     LDEQ^2,3^

  A          General Provisions                                  X

  F          Hazardous Organic NESHAP (HON) - Synthetic Organic  X
             Chemical Manufacturing Industry (SOCMI)             

  G          HON - SOCMI Process Vents, Storage Vessels,         X
             Transfer Operations and Wastewater                  

  H          HON - Equipment Leaks                               X

  I          HON - Certain Processes Negotiated Equipment Leak   X
             Regulation                                          

  J          Polyvinyl Chloride and Copolymers Production        X^4^

  K          (Reserved)                                          

  L          Coke Oven Batteries                                 X

  M          Perchloroethylene Dry Cleaning                      X

  N          Chromium Electroplating and Chromium Anodizing      X
             Tanks                                               

  O          Ethylene Oxide Sterilizers                          X

  P          (Reserved)                                          

  Q          Industrial Process Cooling Towers                   X

  R          Gasoline Distribution                               X

  T          Halogenated Solvent Cleaning                        X

  U          Group I Polymers and Resins                         X

  V          (Reserved)                                          

  W          Epoxy Resins Production and Non-Nylon Polyamides    X
             Production                                          

  X          Secondary Lead Smelting                             X

  Y          Marine Tank Vessel Loading                          X

  Z          (Reserved)                                          

  AA         Phosphoric Acid Manufacturing Plants                X

  BB         Phosphate Fertilizers Production Plants             X

  CC         Petroleum Refineries                                X

  DD         Off-Site Waste and Recovery Operations              X

  EE         Magnetic Tape Manufacturing                         X

  FF         (Reserved)                                          

  GG         Aerospace Manufacturing and Rework Facilities       X

  HH         Oil and Natural Gas Production Facilities           X

  II         Shipbuilding and Ship Repair Facilities             X

  JJ         Wood Furniture Manufacturing Operations             X

  KK         Printing and Publishing Industry                    X

  LL         Primary Aluminum Reduction Plants                   X

  MM         Chemical Recovery Combustion Sources at Kraft,      X
             Soda, Sulfide, and Stand-Alone Semichemical Pulp    
             Mills                                               

  NN         (Reserved)                                          

  OO         Tanks - Level 1                                     X

  PP         Containers                                          X

  QQ         Surface Impoundments                                X

  RR         Individual Drain Systems                            X

  SS         Closed Vent Systems, Control Devices, Recovery      X
             Devices and Routing to a Fuel Gas System or a       
             Process                                             

  TT         Equipment Leaks - Control Level 1                   X

  UU         Equipment Leaks - Control Level 2 Standards         X

  VV         Oil-Water Separators and Organic-Water Separators   X

  WW         Storage Vessels (Tanks) - Control Level 2           X

  XX         Ethylene Manufacturing Process Units: Heat Exchange X
             Systems and Waste Operations                        

  YY         Generic Maximum Achievable Control Technology       X
             Standards                                           

  ZZ-BBB     (Reserved)                                          

  CCC        Steel Pickling - HCl Process Facilities and         X
             Hydrochloric Acid Regeneration                      

  DDD        Mineral Wool Production                             X

  EEE        Hazardous Waste Combustors                          X

  FFF        (Reserved)                                          

  GGG        Pharmaceuticals Production                          X

  HHH        Natural Gas Transmission and Storage Facilities     X

  III        Flexible Polyurethane Foam Production               X

  JJJ        Group IV Polymers and Resins                        X

  KKK        (Reserved)                                          

  LLL        Portland Cement Manufacturing                       X

  MMM        Pesticide Active Ingredient Production              X

  NNN        Wool Fiberglass Manufacturing                       X

  OOO        Amino/Phenolic Resins                               X

  PPP        Polyether Polyols Production                        X

  QQQ        Primary Copper Smelting                             X

  RRR        Secondary Aluminum Production                       X

  SSS        (Reserved)                                          

  TTT        Primary Lead Smelting                               X

  UUU        Petroleum Refineries -- Catalytic Cracking Units,   X
             Catalytic Reforming Units and Sulfur Recovery       
             Plants                                              

  VVV        Publicly Owned Treatment Works (POTW)               X

  WWW        (Reserved)                                          

  XXX        Ferroalloys Production: Ferromanganese and          X
             Silicomanganese                                     

  AAAA       Municipal Solid Waste Landfills                     X

  CCCC       Nutritional Yeast Manufacturing                     X

  EEEE       Organic Liquids Distribution (Non-Gasoline)         X

  FFFF       Miscellaneous Organic Chemical Manufacturing        X

  GGGG       Solvent Extraction for Vegetable Oil Production     X

  HHHH       Wet Formed Fiberglass Mat Production                X

  IIII       Auto & Light Duty Trucks                            X

  JJJJ       Paper and other Web Coating                         X

  KKKK       Surface Coating of Metal Cans                       X

  MMMM       Surface Coating of Miscellaneous Metal Parts and    X
             Products                                            

  NNNN       Surface Coating of Large Appliances                 X

  OOOO       Printing, Coating, and Dyeing of Fabrics and Other  X
             Textiles                                            

  PPPP       Surface Coating of Plastic Parts and Products       X

  QQQQ       Surface Coating of Wood Building Products           X

  RRRR       Surface Coating of Metal Furniture                  X

  SSSS       Surface Coating for Metal Coil                      X

  TTTT       Leather Finishing Operations                        X

  UUUU       Cellulose Production Manufacture                    X

  VVVV       Boat Manufacturing                                  X

  WWWW       Reinforced Plastic Composites Production            X

  XXXX       Tire Manufacturing                                  X

  YYYY       Stationary Combustion Turbines                      X

  ZZZZ       Stationary Reciprocating Internal Combustion        X
             Engines (RICE)                                      

  AAAAA      Lime Manufacturing Plants                           X

  BBBBB      Semiconductor Manufacturing                         X

  CCCCC      Coke Ovens: Pushing, Quenching and Battery Stacks   X

  DDDDD      Industrial, Commercial, and Institutional Boilers   
             and Process Heaters                                 

  EEEEE      Iron and Steel Foundries                            X

  FFFFF      Integrated Iron and Steel                           X

  GGGGG      Site Remediation                                    X

  HHHHH      Miscellaneous Coating Manufacturing                 X

  IIIII      Mercury Cell Chlor-Alkali Plants                    X

  JJJJJ      Brick and Structural Clay Products Manufacturing    X

  KKKKK      Clay Ceramics Manufacturing                         X

  LLLLL      Asphalt Roofing and Processing                      X

  MMMMM      Flexible Polyurethane Foam Fabrication Operation    X

  NNNNN      Hydrochloric Acid Production, Fumed Silica          X
             Production                                          

  PPPPP      Engine Test Facilities                              X

  QQQQQ      Friction Products Manufacturing                     X

  RRRRR      Taconite Ore Processing                             X

  SSSSS      Refractory Products Manufacturing                   X

  TTTTT      Primary Magnesium Refining                          X
  ---------- --------------------------------------------------- -----------

^1^ Program delegated to Louisiana Department of Environmental Quality
(LDEQ).

^2^ Federal rules adopted unchanged as of July 1, 2004.

^3^ Authorities which may not be delegated include: 63.6(g), Approval of
Alternative Non-Opacity Emission Standards; 63.6(h)(9), Approval of
Alternative Opacity Standards; 63.7(e)(2)(ii) and (f), Approval of Major
Alternatives to Test Methods; 63.8(f), Approval of Major Alternatives to
Monitoring; 6.3.10(f), Approval of Major Alternatives to Recordkeeping
and Reporting; and all authorities identified in the subparts (*e.g*.,
under "Delegation of Authority") that cannot be delegated.

^4^ The standard was previously delegated to LDEQ. The standard was
vacated and remanded to EPA by the United States Court of Appeals for
the District of Columbia Circuit. See, [Mossville Environmental Action
Network v. EPA]{.underline}, 370 F. 3d 1232 (D.C. Cir. 2004). Because of
the D.C. Circuit Court's holding this standard is not delegated to LDEQ
at this time.