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 Environmental Protection Agency 40 CFR Parts 60, 61, and 63
[EPA-R06-OAR-2010-1054; FRL-9923-11-Region 6]
 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 Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to LDEQ, and taking direct final action to approve the delegation of certain NESHAPs to LDEQ.
 DATES: This rule is effective on  April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 26, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the 
                        **Federal Register**
                         informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.
 ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-OAR-2007-0488, by one of the following methods: *www.regulations.gov.*
                         Follow the on-line instructions.
                    *Email:*
                         Mr. Rick Barrett at 
                        *barrett.richard@epa.gov.*
                         Please also send a copy by email to the person listed in the 
                        **FOR FURTHER INFORMATION CONTACT**
                         section below.
                    *Mail or delivery:*
                         Mr. Rick Barrett, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. *Instructions:*
                         Direct your comments to Docket No. EPA-R06-OAR-2007-0488. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at 
                        *http://www.regulations.gov,*
                         including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information through 
                        *http://www.regulations.gov*
                         or email, if you believe that it is CBI or otherwise protected from disclosure. The 
                        *http://www.regulations.gov*
                         Web site 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 email comment directly to EPA without going through 
                        *http://www.regulations.gov,*
                         your email 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 along with any disk or CD-ROM submitted. 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 and any form of encryption and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at 
                        *http://www.epa.gov/​epahome/​dockets.htm.* *Docket:*
                         The index to the docket for this action is available electronically at 
                        *www.regulations.gov*
                         and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (
                        *e.g.,*
                         copyrighted material), and some may not be publicly available at either location (
                        *e.g.,*
                         CBI).
 FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, (214) 665-7227, 
                        *barrett.richard@epa.gov.*
                         To inspect the hard copy materials, please schedule an appointment with Mr. Barrett or Mr. Bill Deese at (214) 665-7253.


SUPPLEMENTARY INFORMATION: Throughout this document “we,” “us,” or “our” refers to EPA. Table of Contents I. What does this action do? II. What is the authority for delegation? III. What criteria must Louisiana's programs meet to be approved? IV. How did LDEQ meet the approval criteria? V. What is being delegated? VI. What is not being delegated? VII. How will applicability determinations be made? VIII. What authority does EPA have? IX. What information must LDEQ provide to EPA? X. What is EPA's oversight role? XI. Should sources submit notices to EPA or LDEQ? XII. How will unchanged authorities be delegated to LDEQ in the future? XIII. Final Action XIV. Statutory and Executive Order Reviews I. What does this action do? EPA is providing notice that it is delegating authority for implementation and enforcement of certain NSPS to LDEQ. EPA is also 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. II. What is the authority for delegation? Section 111(c)(1) of the Clean Air Act (CAA) authorizes EPA to delegate authority to any state agency which submits adequate regulatory procedures for implementation and enforcement of the NSPS program. The NSPS standards are codified at 40 CFR part 60. 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 an adequate regulatory program for implementation and enforcement of emission standards for hazardous air pollutants. The hazardous air pollutant standards are codified at 40 CFR parts 61 and 63. III. What criteria must Louisiana's programs meet to be approved? In order to receive delegation of NSPS, a state must develop and submit to the EPA a procedure for implementing and enforcing the NSPS in the state, and their regulations and resources must be adequate for the implementation and enforcement of the NSPS. EPA initially approved Louisiana's program for the delegation of NSPS on February 22, 1982 (47 FR 07665). EPA reviewed the laws of the State and the rules and regulations of the Louisiana Department of Natural Resources (now the LDEQ) and determined the State's procedures, regulations and resources adequate for the implementation and enforcement of the NSPS program. This action notifies the public that EPA is updating LDEQ's delegation to implement and enforce certain additional NSPS. As to the NESHAP standards in 40 CFR parts 61 and 63, section 112(l)(5) 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 governs EPA's approval of State programs or rules under section 112(l). EPA will approve the State's submittal of a program for implementation and enforcement of the NESHAPs 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), a State must demonstrate that it meets the approval criteria of 40 CFR 63.91(d). 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 (sources required to obtain operating permits pursuant to Title V of the Clean Air Act). IV. How did LDEQ meet the approval criteria? As to the NSPS standards in 40 CFR part 60, LDEQ adopted the Federal standards via incorporation by reference. The LDEQ regulations are, therefore, at least as stringent as EPA's rules. See 40 CFR 60.10(a). Also, in the EPA initial approval of NSPS delegation, we determined that the State developed procedures for implementing and enforcing the NSPS in the State, and that the State's regulations and resources are adequate for the implementation and enforcement of the NSPS program. See 47 FR 07665 (February 22, 1982). As to the NESHAP standards in 40 CFR parts 61 and 63, 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 standards into its regulations. This commitment applied to both existing and future standards as they applied to part 70 sources. EPA's final interim approval of Louisiana's Title V operating permits program delegated the authority to implement certain NESHAPs to the State. See 60 FR 17750 (April 7, 1995). EPA promulgated final full approval of the State's operating permits program on September 12, 1995. See 60 FR 42296. These interim and final title V program approvals satisfy the upfront approval criteria of 40 CFR 63.91(d). Under 40 CFR 63.91(d)(2), once a state has satisfied the up-front approval criteria, it needs only to reference the previous demonstration and reaffirm that it still meets the criteria for any subsequent submittals for delegation of the section 112 standards. LDEQ has affirmed that it still meets the up-front approval criteria. V. What is being delegated? By letter dated November 30, 2010, EPA received a request from Louisiana to update LDEQ's NSPS delegation and NESHAPs delegation. With certain exceptions noted in section VI below, LDEQ's request included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR part 61 and 63, as amended between July 2, 2008 and July 1, 2009. By letter dated May 28, 2013, EPA received a second request from Louisiana to update LDEQ's NSPS delegation. Louisiana's request only included NSPS in 40 CFR part 60, subpart OOOO, Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution, as promulgated by EPA on August 16, 2012 (77 FR 49490). By letter dated June 21, 2013, EPA received a third request from Louisiana to update LDEQ's NSPS delegation and NESHAPs delegation. With certain exceptions noted in section VI below, Louisiana's request included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63, as amended between July 2, 2009 and July 1, 2012. By letter dated August 28, 2014, EPA received a fourth request from Louisiana to update LDEQ's NSPS delegation and NESHAPs delegation. With certain exceptions noted in section VI below, Louisiana's request included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR part 61 and 63, as amended between July 2, 2012 and July 1, 2013.
                    ( print page 9615) VI. What is not being delegated? The following part 60, 61 and 63 authorities listed below are not delegated. 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. 40 CFR part 60, subpart AAA (Standards of Performance for New Residential Wood Heaters);
                40 CFR part 61, subpart B (National Emission Standards for Radon Emissions from Underground Uranium Mines);
                40 CFR part 61, subpart H (National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities);
                40 CFR part 61, subpart I (National Emission Standards for Radionuclide Emissions from Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H);
                40 CFR part 61, subpart K (National Emission Standards for Radionuclide Emissions from Elemental Phosphorus Plants);
                40 CFR part 61, subpart Q (National Emission Standards for Radon Emissions from Department of Energy facilities);
                40 CFR part 61, subpart R (National Emission Standards for Radon Emissions from Phosphogypsum Stacks);
                40 CFR part 61, subpart T (National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings); and
                40 CFR part 61, subpart W (National Emission Standards for Radon Emissions from Operating Mill Tailings). In addition, 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. Also, some Part 63 standards have certain provisions that cannot be delegated to the States. Therefore, any Part 63 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 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. In addition, this delegation to LDEQ to implement and enforce certain NSPS and 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 NSPS and NESHAPs in Indian country because LDEQ has not submitted information to demonstrate authority over sources and activities located within the exterior boundaries of Indian reservations and other areas in Indian country. VII. How will applicability determinations be made? In approving the NSPS delegation, LDEQ will obtain concurrence from EPA on any matter involving the interpretation of section 111 of the CAA or 40 CFR part 60 to the extent that application, implementation, administration, or enforcement of these provisions have not been covered by prior EPA determinations or guidance. See 47 FR 07665 (February 22, 1982). In approving the NESHAPs delegation, LDEQ will obtain concurrence from EPA on any matter involving the interpretation of section 112 of the CAA or 40 CFR parts 61 and 63 to the extent that application, implementation, administration, or enforcement of these provisions have not been covered by prior EPA determinations or guidance. VIII. What authority does EPA have? We retain the right, as provided by CAA section 111(c)(2), to enforce any applicable emission standard or requirement under section 111. 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 V and VI above. In addition, EPA may review and disapprove State determinations and subsequently require corrections. (
                    *See*40 CFR 63.91(g) and 65 FR 55810, 55823, September 14, 2000, as amended at 70 FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.) 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. Finally, we retain the authorities stated in the original delegation agreement. See 47 FR 07665 (February 22, 1982). IX. What information must LDEQ provide to EPA? Under 40 CFR 60.4(b), all notifications under NSPS must be sent to both EPA and to LDEQ. Please send notifications and reports to Chief, Air/Toxics Inspection and Coordination Branch at the EPA Region 6 office. 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 40 CFR parts 61 and 63 standards, these determinations include: Section 63.1, Applicability Determinations; Section 63.6(e), Operation and Maintenance Requirements—Responsibility for Determining Compliance; Section 63.6(f), Compliance with Non-Opacity Standards—Responsibility for Determining Compliance; Section 63.6(h), Compliance with Opacity and Visible Emissions Standards—Responsibility for Determining Compliance; Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans; Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods; Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) Test Plans; Section 63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f), Approval of Intermediate Alternatives to Monitoring; Section 63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports; Section 63.10(f), Approval of Minor 
                    ( print page 9616)
                    Alternatives to Recordkeeping and Reporting; Section 63.7(a)(4), Extension of Performance Test Deadline. X. What is EPA's oversight role? 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. Also see 47 FR 07665 (February 22, 1982). XI. Should sources submit notices to EPA or LDEQ? All of the information required pursuant to the Federal NSPS and NESHAPs (40 CFR parts 60, 61 and 63) should be submitted by sources located outside of Indian country directly to the LDEQ at the following address: Louisiana Department of Environmental Quality, PO Box 4301, Baton Rouge, Louisiana 70821-4301. The LDEQ is the primary point of contact with respect to delegated NSPS and 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). Also, see 51 FR 20648 (June 6, 1986). For those standards that are not delegated, sources must continue to submit all appropriate information to EPA. XII. 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 update their delegation to EPA, Region 6, for those NSPS which they have adopted by reference. EPA will amend the relevant portions of the Code of Federal Regulations showing which NSPS standards have been delegated to LDEQ. Also, in the future, LDEQ will only need to send a letter of request for approval to EPA, Region 6, for those NESHAPs 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 Register**
                     action 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. XIII. 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 final delegation of the Title V operating permits program. In today's 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 NESHAPs delegation of authority described in this action if adverse comments are received. This action will be effective April 27, 2015 without further notice unless the Agency receives relevant adverse comments by March 26, 2015. If EPA receives relevant adverse comments, we will publish a timely withdrawal in the 
                    **Federal Register**
                     informing the public the rule will not take effect with respect to the updated NESHAPs delegation. 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 relevant 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 a relevant adverse comment. XIV. 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 (Pub. L. 104-4). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the delegation is not approved to apply in Indian country located in the State, and the EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 
                    ( print page 9617)
                    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 
                    *April 27, 2015*. 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 60 Environmental protection
Administrative practice and procedure
Air pollution control
Intergovernmental relations
Reporting and recordkeeping requirements 40 CFR Part 61 Environmental protection
Administrative practice and procedure
Air pollution control
Arsenic
Benzene
Beryllium
Hazardous substances
Mercury
Intergovernmental relations
Reporting and recordkeeping requirements
Vinyl chloride 40 CFR Part 63 Environmental protection
Administrative practice and procedure
Air pollution control
Hazardous substances
Intergovernmental relations
Reporting and recordkeeping requirements
 Dated: January 28, 2015. Samuel Coleman, Acting Regional Administrator, Region 6.
 For the reasons stated in the preamble, 40 CFR parts 60, 61, and 63 are amended as follows: PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
 1.The authority citation for part 60 continues to read as follows: Authority:
                        42 U.S.C. 7401 
                            *et seq.* Subpart A—General Provisions
 2.Section 60.4 is amended by revising paragraphs (b)(T) and (e)(2) to read as follows: § 60.4
  
 (b) * * * (T) State of Louisiana: Louisiana Department of Environmental Quality, P.O. Box 4301, Baton Rouge, Louisiana 70821-4301. Note: For a list of delegated standards for Louisiana (excluding Indian country), see paragraph (e)(2) of this section. 
 (e) * * * (2) 
                            *Louisiana.*
                             The Louisiana Department of Environmental Quality has been delegated all part 60 standards promulgated by EPA, except subpart AAA—Standards of Performance for New Residential Wood Heaters, as amended in the 
                            **Federal Register**
                             through July 1, 2013. Delegation Status for Part 60 Standards—State of Louisiana
[Excluding Indian Country]
Subpart
Source category
LDEQ 1A
General Provisions
YesCe
Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators
YesD
Fossil Fueled Steam Generators (>250 MM BTU/hr)
YesDa
Electric Utility Steam Generating Units (>250 MM BTU/hr)
YesDb
Industrial-Commercial-Institutional Steam Generating Units (100 to 250 MM BTU/hr)
YesDc
Industrial-Commercial-Institutional Small Steam Generating Units (10 to 100 MM BTU/hr)
YesE
Incinerators (>50 tons per day)
YesEa
Municipal Waste Combustors
YesEb
Large Municipal Waste Combustors
YesEc
Hospital/Medical/Infectious Waste Incinerators
YesF
Portland Cement Plants
YesG
Nitric Acid Plants
YesGa
Nitric Acid Plants (after October 14, 2011)
YesH
Sulfuric Acid Plants
YesI
Hot Mix Asphalt Facilities
YesJ
Petroleum Refineries
YesJa
Petroleum Refineries (After May 14, 2007)
YesK
Storage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)
YesKa
Storage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)
YesKb
Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Stg/Vessels) After 7/23/84
YesL
Secondary Lead Smelters Yes
YesM
Secondary Brass and Bronze Production Plants
YesN
Primary Emissions from Basic Oxygen Process Furnaces (Construction Commenced After June 11, 1973)
Yes( print page 9618)Na
Secondary Emissions from Basic Oxygen Process Steelmaking Facilities Construction is Commenced After January 20, 1983
YesO
Sewage Treatment Plants
YesP
Primary Copper Smelters
YesQ
Primary Zinc Smelters
YesR
Primary Lead Smelters
YesS
Primary Aluminum Reduction Plants
YesT
Phosphate Fertilizer Industry: Wet Process Phosphoric Plants
YesU
Phosphate Fertilizer Industry: Superphosphoric Acid Plants
YesV
Phosphate Fertilizer Industry: Diammonium Phosphate Plants
YesW
Phosphate Fertilizer Industry: Triple Superphosphate Plants
YesX
Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities
YesY
Coal Preparation Plants
YesZ
Ferroalloy Production Facilities
YesAA
Steel Plants: Electric Arc Furnaces After 10/21/74 & On or Before 8/17/83
YesAAa
Steel Plants: Electric Arc Furnaces & Argon-Oxygen Decarburization Vessels After 8/07/83
YesBB
Kraft Pulp Mills
YesCC
Glass Manufacturing Plants
YesDD
Grain Elevators
YesEE
Surface Coating of Metal Furniture
YesGG
Stationary Gas Turbines
YesHH
Lime Manufacturing Plants
YesKK
Lead-Acid Battery Manufacturing Plants
YesLL
Metallic Mineral Processing Plants
YesMM
Automobile & Light Duty Truck Surface Coating Operations
YesNN
Phosphate Manufacturing Plants
YesPP
Ammonium Sulfate Manufacture
YesQQ
Graphic Arts Industry: Publication Rotogravure Printing
YesRR
Pressure Sensitive Tape and Label Surface Coating Operations
YesSS
Industrial Surface Coating: Large Appliances
YesTT
Metal Coil Surface Coating
YesUU
Asphalt Processing and Asphalt Roofing Manufacture
YesVV
VOC Equipment Leaks in the SOCMI Industry
YesVVa
VOC Equipment Leaks in the SOCMI Industry (After November 7, 2006)
YesXX
Bulk Gasoline Terminals
YesAAA
New Residential Wood Heaters
NoBBB
Rubber Tire Manufacturing Industry
YesDDD
Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry
YesFFF
Flexible Vinyl and Urethane Coating and Printing
YesGGG
VOC Equipment Leaks in Petroleum Refineries
YesHHH
Synthetic Fiber Production
YesIII
VOC Emissions from the SOCMI Air Oxidation Unit Processes
YesJJJ
Petroleum Dry Cleaners
YesKKK
VOC Equipment Leaks From Onshore Natural Gas Processing Plants
YesLLL
Onshore Natural Gas Processing: SO2
                                     Emissions
YesNNN
VOC Emissions from SOCMI Distillation Operations
YesOOO
Nonmetallic Mineral Processing Plants
YesPPP
Wool Fiberglass Insulation Manufacturing Plants
YesQQQ
VOC Emissions From Petroleum Refinery Wastewater Systems
YesRRR
VOC Emissions from SOCMI Reactor Processes
YesSSS
Magnetic Tape Coating Operations
YesTTT
Industrial Surface Coating: Plastic Parts for Business Machines
YesUUU
Calciners and Dryers in Mineral Industries
YesVVV
Polymeric Coating of Supporting Substrates Facilities
YesWWW
Municipal Solid Waste Landfills
YesAAAA
Small Municipal Waste Combustion Units (Construction is Commenced After 8/30/99 or Modification/Reconstruction is Commenced After 6/06/2001)
YesCCCC
Commercial & Industrial Solid Waste Incineration Units (Construction is Commenced After 11/30/1999 or Modification/Reconstruction is Commenced on or After 6/01/2001)
YesDDDD
Emission Guidelines & Compliance Times for Commercial & Industrial Solid Waste Incineration Units (Commenced Construction On or Before 11/30/1999)
YesEEEE
Other Solid Waste Incineration Units (Constructed after 12/09/2004 or Modification/Reconstruction is commenced on or after 06/16/2004)
YesIIII
Stationary Compression Ignition Internal Combustion Engines
YesJJJJ
Stationary Spark Ignition Internal Combustion Engines
YesKKKK
Stationary Combustion Turbines (Construction Commenced After 02/18/2005)
YesLLLL
New Sewage Sludge Incineration Units
YesMMMM
Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units
YesOOOO
Crude Oil and Natural Gas Production, Transmission and Distribution
Yes1
                                 The Louisiana Department of Environmental Quality (LDEQ) has been delegated all Part 60 standards promulgated by EPA, except subpart AAA—Standards of Performance for New Residential Wood Heaters—as amended in the 
                                **Federal Register**
                                 through July 1, 2013.
 PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
 3.The authority citation for part 61 continues to read as follows: Authority:
                        42 U.S.C. 7401 
                            *et seq.* Subpart A—General Provisions
 4.Section 61.04 is amended by revising paragraph (c)(6)(ii) to read as follows: § 61.04
  
 (c) * * * (6) * * * (ii) 
                            *Louisiana.*
                             The Louisiana Department of Environmental Quality (LDEQ) has been delegated the following part 61 standards promulgated by EPA, as amended in the 
                            **Federal Register**
                             through July 1, 2013. The (X) symbol is used to indicate each subpart that has been delegated. Delegation Status for Part 61 Standards—State of Louisiana
[Excluding Indian Country]
Subpart
Source category
LDEQ 1A
General Provisions
XB
Radon Emissions From Underground Uranium MinesC
Beryllium
XD
Beryllium Rocket Motor Firing
XE
Mercury
XF
Vinyl Chloride
XG
(Reserved)H
Emissions of Radionuclides Other Than Radon From Department of Energy FacilitiesI
Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart HJ
Equipment Leaks (Fugitive Emission Sources) of Benzene
XK
Radionuclide Emissions From Elemental Phosphorus PlantsL
Benzene Emissions From Coke By-Product Recovery Plants
XM
Asbestos
XN
Inorganic Arsenic Emissions From Glass Manufacturing Plants
XO
Inorganic Arsenic Emissions From Primary Copper Smelters
XP
Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities
XQ
Radon Emissions From Department of Energy FacilitiesR
Radon Emissions From Phosphogypsum StacksS
(Reserved)T
Radon Emissions From the Disposal of Uranium Mill TailingsU
(Reserved)V
Equipment Leaks (Fugitives Emission Sources)
XW
Radon Emissions From Operating Mill TailingsX
(Reserved)Y
Benzene Emissions From Benzene Storage Vessels
XZ-AA
(Reserved)BB
Benzene Emissions From Benzene Transfer Operations
XCC-EE
(Reserved)FF
Benzene Waste Operations
X1
                                 Program delegated to Louisiana Department of Environmental Quality (LDEQ).
 PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES
 5.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
 6.Section 63.99 is amended by revising paragraph (a)(19)(i) to read as follows: § 63.99
  (a) * * * (19) * * * (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 July 1, 2013, are not delegated. Delegation Status for Part 63 Standards—State of Louisiana
[Excluding Indian Country]
Subpart
Source category
LDEQ 1 2A
General Provisions
XD
Early Reductions
XF
Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)
XG
HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater
X( print page 9620)H
HON—Equipment Leaks
XI
HON—Certain Processes Negotiated Equipment Leak Regulation
XJ
Polyvinyl Chloride and Copolymers Production
(3
                                    )K
(Reserved)L
Coke Oven Batteries
XM
Perchloroethylene Dry Cleaning
XN
Chromium Electroplating and Chromium Anodizing Tanks
XO
Ethylene Oxide Sterilizers
XP
(Reserved)Q
Industrial Process Cooling Towers
XR
Gasoline Distribution
XS
Pulp and Paper Industry
XT
Halogenated Solvent Cleaning
XU
Group I Polymers and Resins
XV
(Reserved)W
Epoxy Resins Production and Non-Nylon Polyamides Production
XX
Secondary Lead Smelting
XY
Marine Tank Vessel Loading
XZ
(Reserved)AA
Phosphoric Acid Manufacturing Plants
XBB
Phosphate Fertilizers Production Plants
XCC
Petroleum Refineries
XDD
Off-Site Waste and Recovery Operations
XEE
Magnetic Tape Manufacturing
XFF
(Reserved)GG
Aerospace Manufacturing and Rework Facilities
XHH
Oil and Natural Gas Production Facilities
XII
Shipbuilding and Ship Repair Facilities
XJJ
Wood Furniture Manufacturing Operations
XKK
Printing and Publishing Industry
XLL
Primary Aluminum Reduction Plants
XMM
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills
XNN
(Reserved)OO
Tanks-Level 1
XPP
Containers
XQQ
Surface Impoundments
XRR
Individual Drain Systems
XSS
Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
XTT
Equipment Leaks—Control Level 1
XUU
Equipment Leaks—Control Level 2 Standards
XVV
Oil—Water Separators and Organic—Water Separators
XWW
Storage Vessels (Tanks)—Control Level 2
XXX
Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations
XYY
Generic Maximum Achievable Control Technology Standards
XZZ-BBB
(Reserved)CCC
Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration
XDDD
Mineral Wool Production
XEEE
Hazardous Waste Combustors
XFFF
(Reserved)GGG
Pharmaceuticals Production
XHHH
Natural Gas Transmission and Storage Facilities
XIII
Flexible Polyurethane Foam Production
XJJJ
Group IV Polymers and Resins
XKKK
(Reserved)LLL
Portland Cement Manufacturing
XMMM
Pesticide Active Ingredient Production
XNNN
Wool Fiberglass Manufacturing
XOOO
Amino/Phenolic Resins
XPPP
Polyether Polyols Production
XQQQ
Primary Copper Smelting
XRRR
Secondary Aluminum Production
XSSS
(Reserved)TTT
Primary Lead Smelting
XUUU
Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants
XVVV
Publicly Owned Treatment Works (POTW)
XWWW
(Reserved)XXX
Ferroalloys Production: Ferromanganese and Silicomanganese
XAAAA
Municipal Solid Waste Landfills
XCCCC
Nutritional Yeast Manufacturing
X( print page 9621)DDDD
Plywood and Composite Wood Products
4
                                     XEEEE
°Organic Liquids Distribution
XFFFF
Misc. Organic Chemical Production and Processes (MON)
XGGGG
Solvent Extraction for Vegetable Oil Production
XHHHH
Wet Formed Fiberglass Mat Production
XIIII
Auto & Light Duty Truck (Surface Coating)
XJJJJ
Paper and other Web (Surface Coating)
XKKKK
Metal Can (Surface Coating)
XMMMM
Misc. Metal Parts and Products (Surface Coating)
XNNNN
Surface Coating of Large Appliances
XOOOO
Fabric Printing Coating and Dyeing
XPPPP
Plastic Parts (Surface Coating)
XQQQQ
Surface Coating of Wood Building Products
XRRRR
Surface Coating of Metal Furniture
XSSSS
Surface Coating for Metal Coil
XTTTT
Leather Finishing Operations
XUUUU
Cellulose Production Manufacture
XVVVV
Boat Manufacturing
XWWWW
Reinforced Plastic Composites Production
XXXXX
Rubber Tire Manufacturing
XYYYY
Combustion Turbines
XZZZZ
Reciprocating Internal Combustion Engines (RICE)
XAAAAA
Lime Manufacturing Plants
XBBBBB
Semiconductor Manufacturing
XCCCCC
Coke Ovens: Pushing, Quenching and Battery Stacks
XDDDDD
Industrial/Commercial/Institutional Boilers and Process Heaters
5
                                     XEEEEE
Iron Foundries
XFFFFF
Integrated Iron and Steel
XGGGGG
Site Remediation
XHHHHH
Miscellaneous Coating Manufacturing
XIIIII
Mercury Cell Chlor-Alkali Plants
XJJJJJ
Brick and Structural Clay Products Manufacturing
(6
                                    )KKKKK
Clay Ceramics Manufacturing
(6
                                    )LLLLL
Asphalt Roofing and Processing
XMMMMM
Flexible Polyurethane Foam Fabrication Operation
XNNNNN
Hydrochloric Acid Production, Fumed Silica Production
XOOOOO
(Reserved)PPPPP
Engine Test Facilities
XQQQQQ
Friction Products Manufacturing
XRRRRR
Taconite Iron Ore Processing
XSSSSS
Refractory Products Manufacture
XTTTTT
Primary Magnesium Refining
XUUUUU
Coal and Oil-Fired Electric Utility Steam Generating Units
7
                                     XVVVVV
(Reserved)WWWWW
Hospital Ethylene Oxide Sterilizers
XXXXXX
(Reserved)YYYYY
Electric Arc Furnace Steelmaking Area Sources
XZZZZZ
Iron and Steel Foundries Area Sources
XAAAAAA
(Reserved)BBBBBB
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
XCCCCCC
Gasoline Dispensing Facilities
XDDDDDD
Polyvinyl Chloride and Copolymers Production Area Sources
XEEEEEE
Primary Copper Smelting Area Sources
XFFFFFF
Secondary Copper Smelting Area Sources
XGGGGGG
Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium
XHHHHHH
Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
XIIIIII
(Reserved)JJJJJJ
Industrial, Commercial, and Institutional Boilers Area Sources
XKKKKKK
(Reserved)LLLLLL
Acrylic and Modacrylic Fibers Production Area Sources
XMMMMMM
Carbon Black Production Area Sources
XNNNNNN
Chemical Manufacturing Area Sources: Chromium Compounds
XOOOOOO
Flexible Polyurethane Foam Production and Fabrication Area Sources
XPPPPPP
Lead Acid Battery Manufacturing Area Sources
XQQQQQQ
Wood Preserving Area Sources
XRRRRRR
Clay Ceramics Manufacturing Area Sources
XSSSSSS
Glass Manufacturing Area Sources
XTTTTTT
Secondary Nonferrous Metals Processing Area Sources
XUUUUUU
(Reserved)VVVVVV
Chemical Manufacturing Area Sources
XWWWWWW
Plating and Polishing Operations Area Sources
X( print page 9622)XXXXXX
Metal Fabrication and Finishing Area Sources
XYYYYYY
Ferroalloys Production Facilities Area Sources
XZZZZZZ
Aluminum, Copper, and Other Nonferrous Foundries Area Sources
XAAAAAAA
Asphalt Processing and Asphalt Roofing Manufacturing Area Sources
XBBBBBBB
Chemical Preparation Industry Area Sources
XCCCCCCC
Paints and Allied Products Manufacturing Area Sources
XDDDDDDD
Prepared Feeds Areas Sources
XEEEEEEE
Gold Mine Ore Processing and Production Area Sources
XFFFFFFF-GGGGGGG
(Reserved)HHHHHHH
Polyvinyl Chloride and Copolymers Production Major Sources
X1
                                 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; § 63.10(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.2
                                 Program delegated to Louisiana Department of Environmental Quality (LDEQ) for standards promulgated by EPA, as amended in the 
                                **Federal Register**
                                 through July 1, 2013.3
                                 The LDEQ was previously delegated this subpart on March 26, 2004 (69 FR 15687). The LDEQ has adopted the subpart unchanged and applied for delegation of the standard. The subpart 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*, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is not delegated to LDEQ at this time.4
                                 This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of Appeals for the District of Columbia Circuit.5
                                 Final rule. See 78 FR 7138 (January 31, 2013).6
                                 This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit on March 13, 2007. See, 
                                *Sierra Club*
                                 v. 
                                *EPA,*
                                 479 F. 3d 875 (D.C. Cir. 2007). Because of the D.C. Court's holding this subpart is not delegated to LDEQ at this time.7
                                 Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues on April 24, 2013 (78 FR 24073). Portions of this subpart are in proposed reconsideration pending final action on June 25, 2013 (78 FR 38001).


[FR Doc. 2015-03730 Filed 2-23-15; 8:45 am] BILLING CODE 6560-50-P