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National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Louisiana
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 17, 2006 (Volume 71, Number 73)]
[Rules and Regulations]
[Page 19652-19658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap06-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 63
[EPA-R06-OAR-2005-LA-0004; FRL-8159-1]
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, 2004. The delegation of
authority under this action does not apply to sources located in Indian
Country. EPA is providing notice that it is taking direct final action
to approve the delegation of certain NESHAPs to LDEQ.
DATES: This rule is effective on June 16, 2006, without further notice,
unless EPA receives adverse comment by May 17, 2006. 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 Docket ID No. EPA-R06-
OAR-2005-LA-0004, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
? U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/
r6coment.htm Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
? E-mail: Jeff Robinson at robinson.jeffrey@epa.gov. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
section below.
? Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at
fax number 214-665-7263.
? Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
? Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8 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 Docket ID No. EPA-R06-OAR-
2005-LA-0004. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the disclosure
of which is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. 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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
or at the Air Permitting Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. The file will be made available by appointment for
public inspection in the Region 6 FOIA Review Room between the hours of
8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the
person listed in the FOR FURTHER INFORMATION CONTACT
[[Page 19653]]
paragraph below to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cents per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by appointment:
Louisiana Department of Environmental Quality, Office of Environmental
Assessment, 602 N. Fifth Street, Baton Rouge, Louisiana 70802.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U.S. EPA, Region 6,
Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue,
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number 214-665-
7263; or electronic mail at robinson.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
supplementary information:
Table of Contents
I. General Information
II. What Does This Action Do?
III. What Is the Authority for Delegation?
IV. What Criteria Must Louisiana's Program Meet To Be Approved?
V. How Did LDEQ Meet the Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be Made?
IX. What Authority Does EPA Have?
X. What Information Must LDEQ Provide To EPA?
XI. What Is EPA's Oversight of This Delegation to LDEQ?
XII. Should Sources Submit Notices to EPA or LDEQ?
XIII. How Will Unchanged Authorities Be Delegated to LDEQ in the Future?
XIV. Final Action
XV. Statutory and Executive Order Reviews
I. General Information
A. Tips for Preparing Your Comments
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow for it to be reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
B. Submitting Confidential Business Information (CBI)
Do not submit this information to EPA through http://www.regulations.gov
or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
II. What Does This Action Do?
EPA is taking direct final action to approve the delegation of
certain NESHAPs to LDEQ. With this delegation, LDEQ has the primary
responsibility to implement and enforce the delegated standards. See
Section VI, below, for a complete discussion of which standards are
being delegated and which are not being delegated.
III. What Is the Authority for Delegation?
Section 112(l) of the CAA and 40 CFR part 63, Subpart E, authorizes
EPA to delegate authority to any state or local agency which submits
adequate regulatory procedures for implementation and enforcement of
emission standards for hazardous air pollutants. The hazardous air
pollutant standards are codified at 40 CFR part 63.
IV. What Criteria Must Louisiana's Program Meet To Be Approved?
EPA previously approved LDEQ's program for the delegation of
certain NESHAP standards in 40 CFR part 63 on March 26, 2004 (69 FR
15687), and updated the delegation on December 15, 2004 (69 FR 74979).
Section 112(l) of the CAA enables EPA to approve State air toxics
programs or rules to operate in place of the Federal air toxics program
or rules. 40 CFR part 63, subpart E (Subpart E) governs EPA's approval
of State rules or programs under section 112(l).
EPA will approve an air toxics program if we find that:
(1) The State program is ``no less stringent'' than the
corresponding Federal program or rule;
(2) the State has adequate authority and resources to implement the
program;
(3) the schedule for implementation and compliance is sufficiently
expeditious; and
(4) the program otherwise complies with Federal guidance.
In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR
63.91(d)(3) provides that interim or final Title V program approval
will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources.
V. How Did LDEQ Meet the Subpart E Approval Criteria?
As part of its Title V submission, LDEQ stated that it intended to
use the mechanism of incorporation by reference to adopt unchanged
Federal section 112 into its regulations. This applied to both existing
and future standards as they applied to part 70 sources. 59 FR 43797
(August 25, 1994) and 60 FR 17750 (April 7, 1995). On September 12,
1995, EPA promulgated final full approval of the State's operating
permits program effective October 12, 1995. 60 FR 42296. Under 40 CFR
63.91(d)(2), once a state has satisfied up-front approval criteria, it
needs only to reference the previous demonstration and reaffirm that it
still meets the criteria for any subsequent submittals. LDEQ has
affirmed that it still meets the up-front approval criteria.
VI. What Is Being Delegated?
EPA received LDEQ's request to update the NESHAP delegation on
August 12, 2005. LDEQ requested the EPA to update the delegation of
authority for the following:
A. NESHAPs (40 CFR part 63 standards) through July 1, 2004
LDEQ's request was for delegation of certain NESHAPS for all
sources (both part 70 and non-part 70 sources). The request includes
revisions of the NESHAP standards adopted unchanged into Louisiana
Administrative Code
[[Page 19654]]
(LAC) Title 33:III, Chapter 51, Subchapter C, Sec. 5122--Incorporation
by Reference of 40 CFR part 63 as it Applies to Major Sources; and
Chapter 53, Subchapter B, Sec. 5311--Incorporation by Reference of 40
CFR part 63 as it Applies to Area Sources. LDEQ also requested that EPA
remove the delegation for Subpart D--Early Reductions. LDEQ has
requested delegation of the part 63 NESHAPs set forth in Table 1 below.
Table 1
[40 CFR Part 63 NESHAP for source categories]
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Subpart Source category
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EEEE................................... Organic Liquids Distribution
(Non-Gasoline).
FFFF................................... Miscellaneous Organic Chemical
Manufacturing (MON).
IIII................................... Surface Coating of Auto and
Light Duty Trucks.
KKKK................................... Surface Coating of Metal Cans.
MMMM................................... Surface Coating of
Miscellaneous Metal Parts and
Products.
PPPP................................... Surface Coating of Plastic
Parts and Products.
YYYY................................... Stationary Combustion Turbines.
ZZZZ................................... Stationary Reciprocating
Internal Combustion Engines
(RICE).
AAAAA.................................. Lime Manufacturing Plants.
EEEEE.................................. Iron and Steel Foundries.
GGGGG.................................. Site Remediation.
HHHHH.................................. Miscellaneous Coating
Manufacturing.
IIIII.................................. Mercury Cell Chlor-Alkali
Plants.
RRRRR.................................. Taconite Iron Ore Processing.
TTTTT.................................. Primary Magnesium Refining.
------------------------------------------------------------------------
VII. What Is Not Being Delegated?
EPA cannot delegate to a State any of the Category II Subpart A
authorities set forth in 40 CFR 63.91(g)(2). These include the
following provisions: Section 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)]. 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 consistency in the
application of the standards or requirements of CAA Section 112. EPA
will change the delegation status of part 63--Subpart J standard for
Polyvinyl Chloride and Copolymers Production in this delegation action.
This standard was vacated by Mossville Environmental Action Now v. EPA,
370 F. 3d 1232 (D.C. Cir. 2004), and EPA's petition for rehearing was
denied by the Court of Appeals for the D.C. Circuit on April 15, 2005.
This standard was previously delegated to LDEQ. EPA is currently
preparing a new Subpart J standard. Finally, Section 112(r), the accidental
release program authority, is not being delegated by this approval.
All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Louisiana should
be directed to the EPA Region 6 Office.
In addition, this delegation to LDEQ to implement and enforce
certain NESHAPs does not extend to sources or activities located in
Indian country, as defined in 18 U.S.C. 1151. Under this definition,
EPA treats as reservations, trust lands validly set aside for the use
of a Tribe even if the trust lands have not been formally designated as
a reservation. Consistent with previous federal program approvals or
delegations, EPA will continue to implement the NESHAPs in Indian
country because LDEQ has not adequately demonstrated its authority over
sources and activities located within the exterior boundaries of Indian
reservations and other areas in Indian country.
VIII. How Will Applicability Determinations Under Section 112 Be Made?
In approving this delegation, LDEQ will obtain concurrence from EPA
on any matter involving the interpretation of section 112 of the CAA or
40 CFR part 63 to the extent that implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.
IX. What Authority Does EPA Have?
We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under Section
112. EPA also has the authority to make certain decisions under the
General Provisions (Subpart A) of part 63. We are granting LDEQ some of
these authorities, and retaining others, as explained in Sections VI
and VII above. In addition, EPA may review and disapprove of State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in the footnotes of the part 63 delegation table
at the end of this rule are the authorities that cannot be delegated to
any State or local agency which we therefore retain.
X. What Information Must LDEQ Provide to EPA?
In delegating the authority to implement and enforce these rules
and in granting a waiver of EPA notification requirements, we require
LDEQ to input all source information into the Aerometric Information
Retrieval System (AIRS) for both point and area sources, as applicable.
LDEQ must enter this information into the AIRS system and update the
information by September 30 of every year. LDEQ must provide any
additional compliance related information to EPA, Region 6, Office of
Enforcement and Compliance Assurance within 45 days of a request under
40 CFR 63.96(a).
In receiving delegation for specific General Provisions
authorities, LDEQ
[[Page 19655]]
must submit to EPA Region 6 on a semi-annual basis, copies of
determinations issued under these authorities. For part 63 standards,
these determinations include: Applicability determinations (63.1);
approval/disapprovals of construction and reconstruction [63.5(e) and
(f)]; notifications regarding the use of a continuous opacity
monitoring system [63.6(h)(7)(ii)]; finding of compliance [63.6(h)(8)];
approval/disapprovals of compliance extensions [63.6(i)]; approvals/
disapprovals of minor [63.7(e)(2)(i)] or intermediate [63.7(e)(2)(ii)
and (f)] alternative test methods; approval of shorter sampling times
and volumes [63.7(e)(2)(iii)]; waiver of performance testing
[63.7(e)(2)(iv) and (h)(2), (3)]; approvals/disapprovals of minor or
intermediate alternative monitoring methods [63.8(f)]; approval of
adjustments to time periods for submitting reports (63.9 and 63.10);
and approvals/disapprovals of minor alternatives to recordkeeping and
reporting [63.10(f)].
Additionally, EPA's Emission Measurement Center of the Emissions
Monitoring and Analysis Division must receive copies of any approved
intermediate changes to test methods or monitoring. (Please note that
intermediate changes to test methods must be demonstrated as equivalent
through the procedures set out in EPA method 301.) This information on
approved intermediate changes to test methods and monitoring will be
used to compile a database of decisions that will be accessible to
State and local agencies and EPA Regions for reference in making future
decisions. (For definitions of major, intermediate and minor
alternative test methods or monitoring methods, see 40 CFR 63.90). The
LDEQ should forward these intermediate test methods or monitoring
changes via mail or facsimile to: Chief, Source Categorization Group A,
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone
number: (919) 541-1039.
XI. What Is EPA's Oversight of This Delegation to LDEQ?
EPA must oversee LDEQ's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We will
integrate oversight of the delegated authorities into the existing
mechanisms and resources for oversight currently in place. If, during
oversight, we determine that LDEQ made decisions that decreased the
stringency of the delegated standards, then LDEQ shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient.
XII. Should Sources Submit Notices to EPA or LDEQ?
All of the information required pursuant to the Federal NESHAP (40
CFR part 63) should be submitted by sources located outside of Indian
country, directly to the LDEQ at the following address: Office of
Environmental Services, P. O. Box 4313, Baton Rouge, LA 70821-4313. The
LDEQ is the primary point of contact with respect to delegated NESHAPs.
Sources do not need to send a copy to EPA. EPA Region 6 waives the
requirement that notifications and reports for delegated standards be
submitted to EPA in addition to LDEQ in accordance with 40 CFR
63.9(a)(4)(ii) and 63.10(a)(4)(ii).
XIII. How Will Unchanged Authorities Be Delegated to LDEQ in the Future?
In the future, LDEQ will only need to send a letter of request to
EPA, Region 6, for those NESHAP regulations that LDEQ has adopted by
reference. The letter must reference the previous up-front approval
demonstration and reaffirm that it still meets the up-front approval
criteria. We will respond in writing to the request stating that the
request for delegation is either granted or denied. A Federal 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 on December 15, 2004 (69 FR 74979), and
received no public comments on either delegation of authority. In this
action, the public is given the opportunity to comment on the approval
of LDEQ's request for delegation of authority to implement and enforce
certain Section 112 standards for all sources (both part 70 and non-
part 70 sources) which have been adopted by reference into Louisiana's
state regulations. However, the Agency views the approval of these
requests as a non-controversial action and anticipates no adverse
comments. Therefore, EPA is publishing this rule without prior
proposal. However, in the ``Proposed Rules'' section of today's Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the program and delegation of
authority described in this action if adverse comments are received.
This action was effective on June 16, 2006, without further notice
unless the Agency receives relevant adverse comments by May 17, 2006.
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
[[Page 19656]]
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).
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
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 16, 2006. 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.
Authority: This action is issued under the authority of Section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: April 7, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
? 40 CFR part 63 is amended as follows:
PART 63--[AMENDED]
? 1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Approval of State Programs and Delegation of Federal Authorities
? 2. Section 63.99 is amended by revising paragraph (a)(18)(i) to read as
follows:
Sec. 63.99 Delegated Federal Authorities.
(a) * * *
(18) * * *
(i) The following table lists the specific part 63 standards that
have been delegated unchanged to the Louisiana Department of
Environmental Quality for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in Federal
law, regulations, policy, guidance, and determinations. Some
authorities cannot be delegated and are retained by EPA. These include
certain General Provisions authorities and specific parts of some
standards. Any amendments made to these rules after the date of
adoption are not delegated.
Delegation Status for Part 63 Standards.--State of Louisiana \1\
------------------------------------------------------------------------
Subpart Source category LDEQ 2, 3
------------------------------------------------------------------------
A......................... General Provisions....... X
F......................... Hazardous Organic NESHAP X
(HON)--Synthetic Organic
Chemical Manufacturing
Industry (SOCMI).
G......................... HON--SOCMI Process Vents, X
Storage Vessels,
Transfer Operations and
Wastewater.
H......................... HON--Equipment Leaks..... X
I......................... HON--Certain Processes X
Negotiated Equipment
Leak Regulation.
J......................... Polyvinyl Chloride and X \4\
Copolymers Production.
K......................... (Reserved)............... .................
L......................... Coke Oven Batteries...... X
M......................... Perchloroethylene Dry X
Cleaning.
N......................... Chromium Electroplating X
and Chromium Anodizing
Tanks.
O......................... Ethylene Oxide X
Sterilizers.
P......................... (Reserved)............... .................
Q......................... Industrial Process X
Cooling Towers.
R......................... Gasoline Distribution.... X
T......................... Halogenated Solvent X
Cleaning.
[[Page 19657]]
U......................... Group I Polymers and X
Resins.
V......................... (Reserved)............... .................
W......................... Epoxy Resins Production X
and Non-Nylon Polyamides
Production.
X......................... Secondary Lead Smelting.. X
Y......................... Marine Tank Vessel X
Loading.
Z......................... (Reserved)............... .................
AA........................ Phosphoric Acid X
Manufacturing Plants.
BB........................ Phosphate Fertilizers X
Production Plants.
CC........................ Petroleum Refineries..... X
DD........................ Off-Site Waste and X
Recovery Operations.
EE........................ Magnetic Tape X
Manufacturing.
FF........................ (Reserved)............... .................
GG........................ Aerospace Manufacturing X
and Rework Facilities.
HH........................ Oil and Natural Gas X
Production Facilities.
II........................ Shipbuilding and Ship X
Repair Facilities.
JJ........................ Wood Furniture X
Manufacturing Operations.
KK........................ Printing and Publishing X
Industry.
LL........................ Primary Aluminum X
Reduction Plants.
MM........................ Chemical Recovery X
Combustion 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, X
Control Devices,
Recovery Devices and
Routing to a Fuel Gas
System or a Process.
TT........................ Equipment Leaks--Control X
Level 1.
UU........................ Equipment Leaks--Control X
Level 2 Standards.
VV........................ Oil-Water Separators and X
Organic-Water Separators.
WW........................ Storage Vessels (Tanks)-- X
Control Level 2.
XX........................ Ethylene Manufacturing X
Process Units: Heat
Exchange Systems and
Waste Operations.
YY........................ Generic Maximum X
Achievable Control
Technology Standards.
ZZ-BBB.................... (Reserved)............... .................
CCC....................... Steel Pickling--HCl X
Process Facilities and
Hydrochloric Acid
Regeneration.
DDD....................... Mineral Wool Production.. X
EEE....................... Hazardous Waste X
Combustors.
FFF....................... (Reserved)............... .................
GGG....................... Pharmaceuticals X
Production.
HHH....................... Natural Gas Transmission X
and Storage Facilities.
III....................... Flexible Polyurethane X
Foam Production.
JJJ....................... Group IV Polymers and X
Resins.
KKK....................... (Reserved)............... .................
LLL....................... Portland Cement X
Manufacturing.
MMM....................... Pesticide Active X
Ingredient Production.
NNN....................... Wool Fiberglass X
Manufacturing.
OOO....................... Amino/Phenolic Resins.... X
PPP....................... Polyether Polyols X
Production.
QQQ....................... Primary Copper Smelting.. X
RRR....................... Secondary Aluminum X
Production.
SSS....................... (Reserved)............... .................
TTT....................... Primary Lead Smelting.... X
UUU....................... Petroleum Refineries-- X
Catalytic Cracking
Units, Catalytic
Reforming Units and
Sulfur Recovery Plants.
VVV....................... Publicly Owned Treatment X
Works (POTW).
WWW....................... (Reserved)............... .................
XXX....................... Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA...................... Municipal Solid Waste X
Landfills.
CCCC...................... Nutritional Yeast X
Manufacturing.
EEEE...................... Organic Liquids X
Distribution (Non-
Gasoline).
FFFF...................... Miscellaneous Organic X
Chemical Manufacturing.
GGGG...................... Solvent Extraction for X
Vegetable Oil Production.
HHHH...................... Wet Formed Fiberglass Mat X
Production.
IIII...................... Auto & Light Duty Trucks. X
JJJJ...................... Paper and other Web X
Coating.
KKKK...................... Surface Coating of Metal X
Cans.
MMMM...................... Surface Coating of X
Miscellaneous Metal
Parts and Products.
NNNN...................... Surface Coating of Large X
Appliances.
OOOO...................... Printing, Coating, and X
Dyeing of Fabrics and
Other Textiles.
PPPP...................... Surface Coating of X
Plastic Parts and
Products.
QQQQ...................... Surface Coating of Wood X
Building Products.
[[Page 19658]]
RRRR...................... Surface Coating of Metal X
Furniture.
SSSS...................... Surface Coating for Metal X
Coil.
TTTT...................... Leather Finishing X
Operations.
UUUU...................... Cellulose Production X
Manufacture.
VVVV...................... Boat Manufacturing....... X
WWWW...................... Reinforced Plastic X
Composites Production.
XXXX...................... Tire Manufacturing....... X
YYYY...................... Stationary Combustion X
Turbines.
ZZZZ...................... Stationary Reciprocating X
Internal Combustion
Engines (RICE).
AAAAA..................... Lime Manufacturing Plants X
BBBBB..................... Semiconductor X
Manufacturing.
CCCCC..................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD..................... Industrial, Commercial, .................
and Institutional
Boilers and Process
Heaters.
EEEEE..................... Iron and Steel Foundries. X
FFFFF..................... Integrated Iron and Steel X
GGGGG..................... Site Remediation......... X
HHHHH..................... Miscellaneous Coating X
Manufacturing.
IIIII..................... Mercury Cell Chlor-Alkali X
Plants.
JJJJJ..................... Brick and Structural Clay X
Products Manufacturing.
KKKKK..................... Clay Ceramics X
Manufacturing.
LLLLL..................... Asphalt Roofing and X
Processing.
MMMMM..................... Flexible Polyurethane X
Foam Fabrication
Operation.
NNNNN..................... Hydrochloric Acid X
Production, Fumed Silica
Production.
PPPPP..................... Engine Test Facilities... X
QQQQQ..................... Friction Products X
Manufacturing.
RRRRR..................... Taconite Ore Processing.. X
SSSSS..................... Refractory Products X
Manufacturing.
TTTTT..................... Primary Magnesium X
Refining.
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
(LDEQ).
\2\ Federal rules adopted unchanged as of July 1, 2004.
\3\ Authorities which may not be delegated include: 63.6(g), Approval of
Alternative Non-Opacity Emission Standards; 63.6(h)(9), Approval of
Alternative Opacity Standards; 63.7(e)(2)(ii) and (f), Approval of
Major Alternatives to Test Methods; 63.8(f), Approval of Major
Alternatives to Monitoring; 6.3.10(f), Approval of Major Alternatives
to Recordkeeping and Reporting; and all authorities identified in the
subparts (e.g., under ``Delegation of Authority'') that cannot be
delegated.
\4\ The standard was previously delegated to LDEQ. The standard was
vacated and remanded to EPA by the United States Court of Appeals for
the District of Columbia Circuit. See, Mossville Environmental Action
Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C.
Circuit Court's holding this standard is not delegated to LDEQ at this
time.
* * * * *
[FR Doc. 06-3637 Filed 4-14-06; 8:45 am]
BILLING CODE 6560-50-P