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Delegation of National Emission Standards for Hazardous Air Pollutants for the States of Kentucky and Louisiana, Correcting Amendments

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Start Preamble


Environmental Protection Agency (EPA).


Final rule; correcting amendments.


On April 14, 2010, EPA published a direct final rule approving delegations of authority for Louisiana. There was an error in the amendatory language which resulted in errors in the codification of the delegated Federal authorities for Kentucky and Louisiana. This action corrects the errors.


This correction is effective on April 4, 2013.

Start Further Info


Bill Deese, Air Planning Section, (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7253; fax number 214-665-7263; email address

End Further Info End Preamble Start Supplemental Information


This action corrects errors in 40 CFR part 63 that resulted from an error in the amendatory language in a 40 CFR parts 60, 61, and 63 Federal Register direct final rule, delegation of authority, entitled “Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for the State of Louisiana,” published April 14, 2010 (75 FR 19252). The error resulted in the revised Louisiana 40 CFR part 63 delegation of authority being codified in 40 CFR 63.99(a)(18) for Kentucky rather than in 40 CFR 63.99(a)(19) for Louisiana. Paragraph 63.99(a)(19) for Louisiana remained as previously approved by EPA for Louisiana on April 17, 2006 (71 FR 19652). In this action, EPA is correcting the errors in 40 CFR part 63 by replacing paragraph 63.99(a)(18) with the language approved for Kentucky in a May 13, 2009 (74 FR 22437), direct final rule, and replacing paragraph 63.99(a)(19) with the language approved for Louisiana in the April 14, 2010 Federal Register direct final rule.

EPA has determined that today's action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation where public notice and comment procedures are impracticable, unnecessary, or contrary to the public interest. Public notice and comment for this action are unnecessary because today's action to correct errors in 40 CFR part 63 has no substantive impact on EPA's May 13, 2009 (74 FR 22437), and EPA's April 14, 2010 (75 FR 19252), approval of delegation agreements of the 40 CFR part 63 National Emission Standards for Hazardous Air Pollutants for the states of Kentucky and Louisiana. This action makes no substantive difference to EPA's analysis as set out in those rules. In addition, EPA can identify no particular reason why the public would be interested in being notified of the correction of these paragraphs or in having the opportunity to comment on the correction prior to this action being finalized, since this correction action does not change the meaning of EPA's analysis of Kentucky's submittal approved by EPA May 13, 2009, or Louisiana's submittals approved by EPA April 14, 2010. EPA also finds that there is good cause under APA section 553(d)(3) for this correction to become effective on the date of publication of this action. Section 553(d)(3) of the APA allows an effective date less than 30 days after publication “as otherwise provided by the agency for good cause found and published with the rule.” 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed in APA section 553(d)(3) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today's rule does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today's action merely corrects an error in the regulatory text of a prior rule by correcting the 40 CFR part 63 delegations of authority of the 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for the states of Kentucky and Louisiana approved by EPA May 13, 2009, and April 14, 2010, respectively. For these reasons, EPA finds good cause under APA section 553(d)(3) for this correction to become effective on the date of publication of this action.

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, Start Printed Page 20247Distribution, 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).

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 rule 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 rule merely corrects states requests 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.

This rule does not involve technical standards, 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 June 3, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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).)

Start List of Subjects

List of Subjects in 40 CFR Part 63

  • Environmental protection
  • Air pollution control
  • Hazardous substances
  • Intergovernmental relations
  • Reporting and recordkeeping requirements
End List of Subjects Start Signature

Dated: March 22, 2013.

Samuel Coleman,

Acting Regional Administrator, Region 6.

End Signature

40 CFR part 63 is amended as follows:

Start Part


End Part Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority

Subpart E—Approval of State Programs and Delegation of Federal Authorities

Start Amendment Part

2. Section 63.99 is amended by revising paragraph (a)(18) for Kentucky and paragraph (a)(19) for Louisiana to read as follows:

End Amendment Part
Delegated Federal Authorities.

(a) * * *

(18) Kentucky.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Kentucky Department of Environmental Protection 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.

Part 63 Major and Area Source Rule Delegations—Kentucky 1

Source categorySubpartKDEP 2LAPCD 3
2Polyvinyl Chloride & Co-polymers VACATED on 5/11/05J
3Coke OvensLXX
4Dry CleanersMXX
5Chromium ElectroplatingNXX
6EtO Commercial SterilizationOXX
7Chromium Cooling TowersQXX
8Gasoline Distribution (stage 1)RXX
9Pulp & Paper ISXX
10Halogenated Solvent CleaningTXX
11Polymer & Resins 1UXX
12Polymer & Resins 2WXX
13Secondary Lead SmeltersXXX
14Marine Tank Vessel LoadingYXX
15Phosphoric Acid MfgAAXX
16Phosphate Fertilizers ProdBBXX
17Petroleum RefineriesCCXX
18Offsite Waste & RecoveryDDXX
Tanks; Level 1OOXX
Start Printed Page 20248
Surface ImpoundmentsQQXX
Drain SystemsRRXX
Oil-Water SeparatorsVVXX
19Magnetic TapeEEXX
20Aerospace IndustryGGXX
21Oil & Natural Gas ProdHHXX
Area Source Requirements >>.X
22Shipbuilding and RepairIIXX
23Wood Furniture MfgJJXX
24Printing & PublishingKKXX
25Primary AluminumLLX
26Pulp & Paper II (Combustion sources)MMXX
27Generic MACT:
Control DevicesSSXX
Eq. Leaks—Level 1TTXX
Eq. Leaks—Level 2UUXX
Tanks—Level 2WWXX
28General MACT:
Ethylene MfgXX & YYXX
Carbon BlackYYXX
Spandex ProdYYXX
Cyanide Chemical MfgYYXX
Acetal ResinsYYXX
Acrylic/Modacrylic FibersYYXX
Hydrogen Fluoride ProdYYXX
Polycarbonates ProdYYXX
29Steel PicklingCCCXX
30Mineral Wool ProdDDDXX
31Hazardous Waste Combustion (Phase I)EEEXX
32Boilers that burn Haz. Waste (Phase II)EEEXX
33HCL Prod. Furnaces burning Haz. Waste (P II)EEEXX
34Pharmaceutical ProdGGGXX
35Nat. Gas Transmission & StorageHHHXX
36Flexible Polyurethane Foam ProdIIIXX
37Polymer & Resins 4JJJXX
38Portland CementLLLXX
39Pesticide Active IngredientsMMMXX
40Wool FiberglassNNNXX
41Polymer & Resins 3 (Amino & Phenolic)OOOXX
42Polyether Polyols ProdPPPXX
43Primary CopperQQQXX
44Secondary Aluminum ProdRRRXX
45Primary Lead SmeltingTTTX
46Petro Refineries (FCC units)UUUXX
49Municipal LandfillsAAAAXX
50Nutritional YeastCCCCXX
51Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDXX
52Organic Liquids Distribution (non-gas)EEEEXX
53Misc. Organic NESHAPFFFFXX
54Vegetable OilGGGGXX
55Wet Formed FiberglassHHHHXX
56Auto & Light Duty Truck (coating)IIIIXX
57Paper & Other WebsJJJJXX
58Metal Can (coating)KKKKXX
59Misc. Metal Parts (coating)MMMMXX
60Large Appliances (coating)NNNNXX
61Printing, Coating, & Dyeing FabricsOOOOXX
62Plastic Parts & Products (coating)PPPPXX
63Wood Building ProductsQQQQXX
64Metal Furniture (coating)RRRRXX
65Metal Coil (coating)SSSSXX
66Leather Tanning & FinishingTTTTXX
67Cellulose Ethers Prod. Misc. Viscose ProcessesUUUUXX
68Boat ManufacturingVVVVXX
69Reinforced Plastic CompositesWWWWXX
70Rubber Tire MfgXXXXXX
71Stationary Combustion TurbinesYYYYXX
72Reciprocating Int. Combustion EnginesZZZZXX
Area Source Requirements >>.X
Start Printed Page 20249
73Lime ManufacturingAAAAAXX
74Semiconductor ProductionBBBBBXX
75Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCXX
76Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07.DDDDD
77Iron FoundriesEEEEEXX
78Integrated Iron & SteelFFFFFXX
79Site RemediationGGGGGXX
80Misc. Coating ManufacturingHHHHHXX
81Mercury Cell Chlor-AlkaliIIIIIXX
82Brick & Structural Clay Products, VACATED on 6/18/07JJJJJ
83Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKK
84Asphalt Roofing & ProcessingLLLLLXX
85Flex. Polyurethane Foam FabricationMMMMMXX
86Hydrochloric Acid Prod/Fumed SilicaNNNNNXX
87Engine & Rocket Test FacilitiesPPPPPXX
88Friction Materials ManufacturingQQQQQXX
89Taconite Iron OreRRRRRXX
91Primary MagnesiumTTTTTXX
Ares Source Rules
92Hospital SterilizersWWWWWX
93Electric Arc Furnaces Stainless and Nonstainless Steel MfgYYYYYX
94Iron & Steel foundriesZZZZZX
95Gasoline Distribution—BulkBBBBBBX
96Gasoline Dispensing FacilitiesCCCCCCX
97PVC & Copolymers ProdDDDDDDX
98Primary CopperEEEEEEX
99Secondary Copper SmeltingFFFFFFX
100Primary Nonferrous Metals Paint StrippingGGGGGGX
101Auto-Body Refinishing Plastic Parts & Prod. (coating)HHHHHHX
102Acrylic/Modacrylic Fibers ProdLLLLLLX
103Carbon Black ProdMMMMMMX
104Chemical Mfg. Chrom Flex. Polyurethane Foam FabNNNNNNX
105Flex. Polyurethane Foam ProdOOOOOOX
106Lead Acid Battery MfgPPPPPPX
107Wood PreservingQQQQQQX
108Clay Ceramics MfgRRRRRR
109Glass MfgSSSSSS
110Secondary Nonferrous MetalsTTTTTT
111Plating and PolishingWWWWWW
112Hearing Eq. MfgXXXXXX
Industrial Mach. & Eq. Finishing
Elect. & Electronics Eq. Finishing
Fabricated Metal Prod
Fabricated Plate Work (Boiler Shop)
Fabricated Structural Metal Mfg
Iron and Steel Forging
Primary Metals Prod. Mfg
Valves and Pipe Fittings Mfg
Ferroalloys Production
113Ferro/Silico ManganeseYYYYYY
1 State program approved on October 31, 2001. Delegation table last updated on April 1, 2009.
2 Kentucky Department for Environmental Protection.
3 Louisville Air Pollution Control District.

(ii) [Reserved]

(19) 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 the date of adoption are not delegated.Start Printed Page 20250

Delegation Status for Part 63 Standards—State of Louisiana

SubpartSource categoryLDEQ 1
AGeneral ProvisionsX
DEarly ReductionsNO
JPolyvinyl Chloride & Copolymers ProductionNO 2
LCoke Oven BatteriesX
MPerchloroethylene—Dry CleanersX
OEthylene Oxide SterilizationX
QIndustrial Process Cooling TowersX
RGasoline DistributionX
SPulp & Paper MACT IX
THalogenated SolventX
UPolymers & Resins/Group IX
WEpoxy Resins and Non-Nylon PolyamidesX
XSecondary Lead SmeltingX
YMarine Vessel LoadingX
AA/BBPhosphoric Acid/Phosphate FertilizersX
CCPetroleum Refineries (MACT I)X
DDOffsite Waste & RecoveryX
EEMagnetic Tape MfgX
GGAerospace Mfg and ReworkX
HHOil & Natural Gas ProductionX
IIShipbuilding & Ship RepairX
JJWood Furniture ManufacturingX
KKPrinting & PublishingX
LLPrimary Aluminum Reduction PlantsX
MMCombustion Sources at Kraft, Soda, and Sulfite Pulp & Paper MillsX
OOStorage Vessels (Tanks)—Control Level 1X
PPStandards for ContainersX
QQStandards for Surface ImpoundmentsX
RRStandards for Individual Drain SystemsX
SSClosed Vent Systems, Control Devices, Recovery Devices & Routing to a Fuel Gas System or a ProcessX
TTEquipment Leaks—Control Level 1X
UUEquipment Leaks—Control Level 2X
VVStandards for Oil-Water Separators & Organic-Water SeparatorsX
WWStorage Vessels (Tanks)—Control Level 2X
XXEthylene Manufacturing Process Units: Heat Exchange Systems & Waste OperationsX
YYAcetal ResinsX
YYAcrylic/Modacrylic FibersX
YYCarbon Black ProductionX
YYCyanide Chemicals MfgX
YYEthylene ProductionX
YYHydrogen FluorideX
YYPolycarbonates ProductionX
YYSpandex ProductionX
CCCSteel Pickling—HCL Process Facilities and Hydrochloric Acid Regeneration PlantsX
DDDStandards for Mineral-Wool ProductionX
EEEStandards for Hazardous Waste CombustorsX
GGGStandards for Pharmaceuticals ProductionX
HHHStandards for Natural Gas Transmission & StorageX
IIIFlexible Polyurethane Foam ProductionX
JJJPolymers & Resins/Group IVX
LLLPortland Cement ManufacturingX
MMMPesticide Active Ingredient ProductionX
NNNWool FiberglassX
OOOPolymers & Resins III Amino Resins, Phenolic ResinsX
PPPPolyether Polyols ProductionX
QQQPrimary Copper SmeltingX
RRRSecondary Aluminum ProductionX
TTTPrimary Lead SmeltingX
UUUPetroleum Refineries (Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants)X
VVVPublicly Owned Treatment Works (POTW)X
XXXFerroalloys ProductionX
ZZZPlywood/Particle Board ManufacturingNO
AAAAMunicipal Solid Waste LandfillsX
CCCCNutritional Yeast ManufacturingX
DDDDPlywood & Composite Wood ProductsNO
EEEEOrganic Liquids Distribution (Non-Gasoline)X
FFFFMiscellaneous OrganicX
GGGGSolvent Extraction for Vegetable Oil ProductionX
HHHHWet-Formed Fiberglass Mat ProductionX
IIIIAuto & Light Duty Truck (Surface Coating)X
Start Printed Page 20251
JJJJPaper & Other Webs (Surface Coating)X
KKKKMetal Can (Surface Coating)X
MMMMMisc. Metal Parts (Surface Coating)X
NNNNLarge Appliances (Surface Coating)X
OOOOFabric Printing, Coating & Dyeing (Surface Coating)X
PPPPPlastic Parts & Products (Surface Coating)X
QQQQWood Building Products (formerly Flat Wood Paneling) (Surface Coating)X
RRRRMetal Furniture (Surface Coating)X
SSSSMetal Coil (Surface Coating)X
TTTTLeather-Finishing OperationsX
UUUUCellulose ProductsX
VVVVBoat ManufacturingX
WWWWReinforced Plastics Composites ProductionX
XXXXRubber Tire ManufacturingX
YYYYCombustion TurbinesX
ZZZZReciprocating Internal Combustion Engines (RICE)X
AAAAALime Manufacturing PlantsX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Oven; Pushing, Quenching, and Battery StacksX
DDDDDIndustrial, Commercial and Institutional Boilers & Process HeatersNO 2
EEEEEIron & Steel FoundriesX
FFFFFIntegrated Iron & Steel Manufacturing FacilitiesX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
IIIIIMercury Cell Chlor-Alkali PlantsNO 2
JJJJJBrick & Structural Clay Products ManufacturingNO 2
KKKKKClay Ceramics ManufacturingNO 2
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid ProductionX
PPPPPEngine Test Cells/Stands (Combined w/Rocket Testing Facilities)X
QQQQQFriction Products ManufacturingX
RRRRRTaconite Ore ProcessingX
SSSSSRefractory Products ManufacturingX
TTTTTPrimary Magnesium RefiningX
YYYYYElectric Arc Furnace Steelmaking FacilitiesX
BBBBBBGasoline Distribution TerminalsX
CCCCCCGasoline Dispensing FacilitiesX
DDDDDDPolyvinyl Chloride and Copolymers ProductionX
EEEEEEPrimary Copper SmeltingX
FFFFFFSecondary Copper SmeltingX
GGGGGGPrimary Nonferrous Metals Zinc, Cadmium, and BerylliumX
HHHHHHPaint Stripping and Miscellaneous Surface CoatingX
LLLLLLAcrylic/Modacrylic FiborX
MMMMMMCarbon Black ProductionX
NNNNNNChromium CompoundsX
PPPPPPLead Acid Battery Mfg.X
QQQQQQWood PreservingX
RRRRRRClay Ceramics Mfg.X
SSSSSSGlass ManufacturingX
TTTTTTSecondary Nonferrous Metals Processing (Brass, Bronze, Magnesium, & Zinc)X
WWWWWWPlating and Polishing OperationsX
XXXXXXMetal Fabrication & Finishing Source Nine CategoriesX
YYYYYYFerroalloys Production FacilitiesX
1 Federal Rules Adopted by Louisiana Department of Environmental Quality (LDEQ), unchanged as of June 16, 2006.
2 Although previously delegated to some States, this standard has been vacated and remanded to EPA by the U.S. Court of Appeals for District of Columbia Circuit. Therefore, this standard is not delegated at this time to any States in Region 6.
* * * * *
End Supplemental Information

[FR Doc. 2013-07540 Filed 4-3-13; 8:45 am]

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