[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 74979-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[R06-OAR-2004-LA-0001; FRL-7847-8]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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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, 2003, for 40 CFR part 63 
standards. The delegation of authority under this notice does not apply 
to sources located in Indian Country. EPA is providing notice that it 
has approved delegation of certain NESHAPs to LDEQ by letter on October 
18, 2004.

DATES: This rule is effective on October 18, 2004, without further 
notice, unless EPA receives adverse comment by January 13, 2005. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R06-OAR-2004-LA-0001, by one of the following 
methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Agency Web site: http://docket.epa.gov/rmepub/. Regional 
Material in Edocket (RME), EPA's electronic public docket and comment 
system, is EPA's preferred method for receiving comments. Once in the

[[Page 74980]]

system, select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    <bullet> U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6comment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
    <bullet> E-mail: Jeff Robinson at <a href="/cdn-cgi/l/email-protection#acdec3cec5c2dfc3c282c6c9cacadec9d5ecc9dccd82cbc3da"><span class="__cf_email__" data-cfemail="a9dbc6cbc0c7dac6c787c3cccfcfdbccd0e9ccd9c887cec6df">[email protected]</span></a>. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
section below.
    <bullet> Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at 
fax number (214) 665-7263.
    <bullet> Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    <bullet> 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 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID No. R06-OAR-2004-LA-0001. EPA's policy is that all comments 
received will be included in the public file without change, and may be 
made available online at http://docket.epa.gov/rmepub/, 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 through Regional Material in EDocket (RME), 
regulations.gov, or e-mail if you believe that it is CBI or otherwise 
protected from disclosure. The EPA RME website and the federal 
regulations.gov are ``anonymous access'' systems, 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 RME or regulations.gov, your e-mail address will 
be automatically captured and included as part of the comment that is 
placed in the public file 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 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. 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 RME or in the official file which is 
available 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 8:30 
a.m. and 4:30 p.m. 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 cent 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 <a href="/cdn-cgi/l/email-protection#2b594449424558444505414e4d4d594e526b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="60120f02090e130f0e4e0a050606120519200510014e070f16">[email protected]</span></a>.

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

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 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.

[[Page 74981]]

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.

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), 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.
    In addition, EPA stated in Section XIII of the March 26, 2004, 
delegation (69 FR 15687) that LDEQ will only need to send a letter of 
request to EPA Region 6 for future NESHAP delegations where LDEQ has 
adopted the part 63 regulations into State rules through incorporation 
by reference. The letter must reference the previous up-front approval 
demonstration and reaffirm that it still meets the up-front approval 
criteria. EPA will respond in writing to the request stating that the 
delegation request is either granted or denied. If the request is 
approved, the effective date of the delegation will be the date of our 
response letter to LDEQ. EPA received LDEQ's delegation request letter 
on September 21, 2004, and responded by letter on October 18, 2004, 
that the request for delegation was approved.

VI. What Is Being Delegated?

    EPA received requests to update the NESHAP delegation on September 
21, 2004. LDEQ requested the EPA to update the delegation of authority 
for the following:
    A. NESHAPs (40 CFR part 63 standards) through July 1, 2003.
    LDEQ's request was for delegation of certain NESHAP 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, section 5122--
Incorporation by Reference of 40 CFR part 63 as it Applies to Major 
Sources; and Chapter 53, Subchapter B, section 5311--Incorporation by 
Reference of 40 CFR part 63 as it Applies to Area Sources. For the part 
63 NESHAPs, this includes the NESHAPs set forth in Table 1 below. The 
effective date of the Federal delegation for the part 63 standards 
below is the date of EPA's response to LDEQ's delegation request 
letter.

          Table 1.--40 CFR Part 63 NESHAP for Source Categories
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              Subpart                         Emission standard
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J.................................  Polyvinyl Chloride and Copolymers
                                     Production.
XX................................  Ethylene Manufacturing Process
                                     Units: Heat Exchange Systems and
                                     Waste Operations.
AAAA..............................  Municipal Solid Waste Landfills.
JJJJ..............................  Paper and Other Web Coating.
NNNN..............................  Surface Coating of Large Appliances.
OOOO..............................  Printing, Coating, and Dyeing of
                                     Fabrics and Other Textiles.
QQQQ..............................  Surface Coating of Wood Building
                                     Products.
RRRR..............................  Surface Coating of Metal Furniture.
WWWW..............................  Reinforced Plastic Composites
                                     Production.
XXXX..............................  Tire Manufacturing.
BBBBB.............................  Semiconductor Manufacturing.
CCCCC.............................  Coke Ovens: Pushing, Quenching and
                                     Battery Stacks.
FFFFF.............................  Integrated Iron and Steel.
JJJJJ.............................  Brick and Structural Clay Products
                                     Manufacturing.
KKKKK.............................  Clay Ceramics Manufacturing.
LLLLL.............................  Asphalt Roofing and Processing.
MMMMM.............................  Flexible Polyurethane Foam
                                     Fabrication Operation.
NNNNN.............................  Hydrochloric Acid Production.
PPPPP.............................  Engine Test Facilities.
QQQQQ.............................  Friction Materials Manufacturing.
SSSSS.............................  Refractory Products Manufacturing.
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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: Sec.  63.6(g), Approval of Alternative Non-
Opacity Standards; Sec.  63.6(h)(9), Approval of Alternative Opacity 
Standards; Sec.  63.7(e)(2)(ii) and (f), Approval of Major Alternatives 
to Test Methods; Sec.  63.8(f), Approval of Major Alternatives to 
Monitoring; and Sec.  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)].\1\ 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 Register to implement, 
or where Federal overview is the only way to ensure national

[[Page 74982]]

consistency in the application of the standards or requirements of CAA 
Section 112. Finally, Section 112(r), the accidental release program 
authority, is not being delegated by this approval.
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    \1\ On June 23, 2003, EPA modified certain NESHAPs to clarify 
which authorities can be delegated to State, local, and tribal 
agencies. 68 FR 37334. However, this delegation is not directly 
affected by these changes, since LDEQ is receiving delegation of the 
part 63 standards that were promulgated by EPA, as amended through 
July 1, 2003.
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    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.\2\ 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.
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    \2\ EPA amended several NESHAPs to clarify the implementation 
and enforcement authorities within the standards that we may 
delegate to each State, local or tribal agency such as LDEQ. 68 FR 
37334 (June 23, 2003). A complete list of the standards is contained 
in a copy of the proposal available for review at the Dallas 
Regional Office. An electronic copy of the proposal may be obtained 
from EPA's Internet site, www.epa.gov/ttn/oarpg/t3pfpr.html. EPA 
believes the changes make all of the standards consistent in 
defining what may not be delegated in actions such as the one we are 
taking today.
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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. If a request is 
approved, the

[[Page 74983]]

effective date of the delegation will be the date of our response 
letter. A Federal Register 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 received no public comments on the 
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 noncontroversial 
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 
October 18, 2004, without further notice unless the Agency receives 
relevant adverse comments by January 14, 2005.
    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 request 
to receive delegation of certain Federal standards, 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 delegation submissions, EPA's role is to approve 
submissions 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 delegation submission for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA to use VCS in place of 
a delegation 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. 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 
Register. 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 February 14, 2005. 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 in 40 CFR Part 63

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


[[Page 74984]]


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

    Dated: November 24, 2004.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 63 is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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


0
2. Section 63.99 is amended by revising paragraph (a)(18)(i) as 
follows:
    (a) *****
    (18) Louisiana.
    (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 this effective date 
are not delegated.

     Delegation Status for Part 63 Standards--State of Louisiana \1\
------------------------------------------------------------------------
         Subpart                    Source Category           LDEQ \2,3\
------------------------------------------------------------------------
A.......................  General Provisions \2\............          X
D.......................  Early Reductions..................          X
F.......................  Hazardous Organic NESHAP (HON)--            X
                           Synthetic Organic Chemical
                           Manufacturing Industry (SOCMI).
G.......................  HON--SOCMI Process Vents, Storage           X
                           Vessels, Transfer Operations and
                           Wastewater.
H.......................  HON--Equipment Leaks..............          X
I.......................  HON--Certain Processes Negotiated           X
                           Equipment Leak Regulation.
J.......................  Polyvinyl Chloride and Copolymers           X
                           Production.
K.......................  (Reserved)
L.......................  Coke Oven Batteries...............          X
M.......................  Perchloroethylene Dry Cleaning....          X
N.......................  Chromium Electroplating and                 X
                           Chromium Anodizing 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-            X
                           Nylon Polyamides Production.
X.......................  Secondary Lead Smelting...........          X
Y.......................  Marine Tank Vessel Loading........          X
Z.......................  (Reserved)
AA......................  Phosphoric Acid Manufacturing               X
                           Plants.
BB......................  Phosphate Fertilizers Production            X
                           Plants.
CC......................  Petroleum Refineries..............          X
DD......................  Off-Site Waste and Recovery                 X
                           Operations.
EE......................  Magnetic Tape Manufacturing.......          X
FF......................  (Reserved)
GG......................  Aerospace Manufacturing and Rework          X
                           Facilities.
HH......................  Oil and Natural Gas Production              X
                           Facilities.
II......................  Shipbuilding and Ship Repair                X
                           Facilities.
JJ......................  Wood Furniture Manufacturing                X
                           Operations.
KK......................  Printing and Publishing Industry..          X
LL......................  Primary Aluminum Reduction Plants.          X
MM......................  Chemical Recovery Combustion                X
                           Sources at Kraft, 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                X
                           Devices, Recovery Devices and
                           Routing to a Fuel Gas System or a
                           Process.
TT......................  Equipment Leaks--Control Level 1..          X
UU......................  Equipment Leaks--Control Level 2            X
                           Standards.
VV......................  Oil-Water Separators and Organic-           X
                           Water Separators.
WW......................  Storage Vessels (Tanks)--Control            X
                           Level 2.
XX......................  Ethylene Manufacturing Process              X
                           Units: Heat Exchange Systems and
                           Waste Operations.
YY......................  Generic Maximum Achievable Control          X
                           Technology Standards.
ZZ-BBB..................  (Reserved)........................
CCC.....................  Steel Pickling--HCl Process                 X
                           Facilities and Hydrochloric Acid
                           Regeneration.
DDD.....................  Mineral Wool Production...........          X
EEE.....................  Hazardous Waste Combustors........          X
FFF.....................  (Reserved)........................
GGG.....................  Pharmaceuticals Production........          X
HHH.....................  Natural Gas Transmission and                X
                           Storage Facilities.
III.....................  Flexible Polyurethane Foam                  X
                           Production.
JJJ.....................  Group IV Polymers and Resins......          X
KKK.....................  (Reserved)
LLL.....................  Portland Cement Manufacturing.....          X

[[Page 74985]]

 
MMM.....................  Pesticide Active Ingredient                 X
                           Production.
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             X
                           Cracking Units, Catalytic
                           Reforming Units and Sulfur
                           Recovery Plants.
VVV.....................  Publicly Owned Treatment Works              X
                           (POTW).
WWW.....................  (Reserved)
XXX.....................  Ferroalloys Production:                     X
                           Ferromanganese and
                           Silicomanganese.
AAAA....................  Municipal Solid Waste Landfills...          X
CCCC....................  Nutritional Yeast Manufacturing...          X
GGGG....................  Solvent Extraction for Vegetable            X
                           Oil Production.
HHHH....................  Wet Formed Fiberglass Mat                   X
                           Production.
JJJJ....................  Paper and other Web Coating.......          X
NNNN....................  Surface Coating of Large                    X
                           Appliances.
OOOO....................  Printing, Coating, and Dyeing of            X
                           Fabrics and Other Textiles.
QQQQ....................  Surface Coating of Wood Building            X
                           Products.
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               X
                           Production.
XXXX....................  Tire Manufacturing................          X
BBBBB...................  Semiconductor Manufacturing.......          X
CCCCC...................  Coke Ovens: Pushing, Quenching and          X
                           Battery Stacks.
FFFFF...................  Integrated Iron and Steel.........          X
JJJJJ...................  Brick and Structural Clay Products          X
                           Manufacturing.
KKKKK...................  Clay Ceramics Manufacturing.......          X
LLLLL...................  Asphalt Roofing and Processing....          X
MMMMM...................  Flexible Polyurethane Foam                  X
                           Fabrication Operation.
NNNNN...................  Hydrochloric Acid Production,               X
                           Fumed Silica Production.
PPPPP...................  Engine Test Facilities............          X
QQQQQ...................  Friction Products Manufacturing...          X
SSSSS...................  Refractory Products Manufacturing.         X
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
  (LDEQ).
\2\ 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.
\3\ Federal rules adopted unchanged as of July 1, 2003.

* * * * *

[FR Doc. 04-27361 Filed 12-14-04; 8:45 am]
BILLING CODE 6560-50-P


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