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New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Louisiana

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Start Preamble

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).

Start Further Info Start Printed Page 9614

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.

End Further Info End Preamble Start Supplemental Information

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.Start Printed 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 Start Printed Page 9616Alternatives 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 Start Printed Page 9617absence 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)).

Start List of Subjects

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
End List of Subjects Start Signature

Dated: January 28, 2015.

Samuel Coleman,

Acting Regional Administrator, Region 6.

End Signature

For the reasons stated in the preamble, 40 CFR parts 60, 61, and 63 are amended as follows:

Start Part

PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

End Part Start Amendment Part

1. The authority citation for part 60 continues to read as follows:

End Amendment Part Start Authority

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

End Authority

Subpart A—General Provisions

Start Amendment Part

2. Section 60.4 is amended by revising paragraphs (b)(T) and (e)(2) to read as follows:

End Amendment Part
Address.
* * * * *

(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]

SubpartSource categoryLDEQ 1
AGeneral ProvisionsYes
CeEmission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste IncineratorsYes
DFossil Fueled Steam Generators (>250 MM BTU/hr)Yes
DaElectric Utility Steam Generating Units (>250 MM BTU/hr)Yes
DbIndustrial-Commercial-Institutional Steam Generating Units (100 to 250 MM BTU/hr)Yes
DcIndustrial-Commercial-Institutional Small Steam Generating Units (10 to 100 MM BTU/hr)Yes
EIncinerators (>50 tons per day)Yes
EaMunicipal Waste CombustorsYes
EbLarge Municipal Waste CombustorsYes
EcHospital/Medical/Infectious Waste IncineratorsYes
FPortland Cement PlantsYes
GNitric Acid PlantsYes
GaNitric Acid Plants (after October 14, 2011)Yes
HSulfuric Acid PlantsYes
IHot Mix Asphalt FacilitiesYes
JPetroleum RefineriesYes
JaPetroleum Refineries (After May 14, 2007)Yes
KStorage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)Yes
KaStorage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)Yes
KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Stg/Vessels) After 7/23/84Yes
LSecondary Lead Smelters YesYes
MSecondary Brass and Bronze Production PlantsYes
NPrimary Emissions from Basic Oxygen Process Furnaces (Construction Commenced After June 11, 1973)Yes
Start Printed Page 9618
NaSecondary Emissions from Basic Oxygen Process Steelmaking Facilities Construction is Commenced After January 20, 1983Yes
OSewage Treatment PlantsYes
PPrimary Copper SmeltersYes
QPrimary Zinc SmeltersYes
RPrimary Lead SmeltersYes
SPrimary Aluminum Reduction PlantsYes
TPhosphate Fertilizer Industry: Wet Process Phosphoric PlantsYes
UPhosphate Fertilizer Industry: Superphosphoric Acid PlantsYes
VPhosphate Fertilizer Industry: Diammonium Phosphate PlantsYes
WPhosphate Fertilizer Industry: Triple Superphosphate PlantsYes
XPhosphate Fertilizer Industry: Granular Triple Superphosphate Storage FacilitiesYes
YCoal Preparation PlantsYes
ZFerroalloy Production FacilitiesYes
AASteel Plants: Electric Arc Furnaces After 10/21/74 & On or Before 8/17/83Yes
AAaSteel Plants: Electric Arc Furnaces & Argon-Oxygen Decarburization Vessels After 8/07/83Yes
BBKraft Pulp MillsYes
CCGlass Manufacturing PlantsYes
DDGrain ElevatorsYes
EESurface Coating of Metal FurnitureYes
GGStationary Gas TurbinesYes
HHLime Manufacturing PlantsYes
KKLead-Acid Battery Manufacturing PlantsYes
LLMetallic Mineral Processing PlantsYes
MMAutomobile & Light Duty Truck Surface Coating OperationsYes
NNPhosphate Manufacturing PlantsYes
PPAmmonium Sulfate ManufactureYes
QQGraphic Arts Industry: Publication Rotogravure PrintingYes
RRPressure Sensitive Tape and Label Surface Coating OperationsYes
SSIndustrial Surface Coating: Large AppliancesYes
TTMetal Coil Surface CoatingYes
UUAsphalt Processing and Asphalt Roofing ManufactureYes
VVVOC Equipment Leaks in the SOCMI IndustryYes
VVaVOC Equipment Leaks in the SOCMI Industry (After November 7, 2006)Yes
XXBulk Gasoline TerminalsYes
AAANew Residential Wood HeatersNo
BBBRubber Tire Manufacturing IndustryYes
DDDVolatile Organic Compound (VOC) Emissions from the Polymer Manufacturing IndustryYes
FFFFlexible Vinyl and Urethane Coating and PrintingYes
GGGVOC Equipment Leaks in Petroleum RefineriesYes
HHHSynthetic Fiber ProductionYes
IIIVOC Emissions from the SOCMI Air Oxidation Unit ProcessesYes
JJJPetroleum Dry CleanersYes
KKKVOC Equipment Leaks From Onshore Natural Gas Processing PlantsYes
LLLOnshore Natural Gas Processing: SO2 EmissionsYes
NNNVOC Emissions from SOCMI Distillation OperationsYes
OOONonmetallic Mineral Processing PlantsYes
PPPWool Fiberglass Insulation Manufacturing PlantsYes
QQQVOC Emissions From Petroleum Refinery Wastewater SystemsYes
RRRVOC Emissions from SOCMI Reactor ProcessesYes
SSSMagnetic Tape Coating OperationsYes
TTTIndustrial Surface Coating: Plastic Parts for Business MachinesYes
UUUCalciners and Dryers in Mineral IndustriesYes
VVVPolymeric Coating of Supporting Substrates FacilitiesYes
WWWMunicipal Solid Waste LandfillsYes
AAAASmall Municipal Waste Combustion Units (Construction is Commenced After 8/30/99 or Modification/Reconstruction is Commenced After 6/06/2001)Yes
CCCCCommercial & Industrial Solid Waste Incineration Units (Construction is Commenced After 11/30/1999 or Modification/Reconstruction is Commenced on or After 6/01/2001)Yes
DDDDEmission Guidelines & Compliance Times for Commercial & Industrial Solid Waste Incineration Units (Commenced Construction On or Before 11/30/1999)Yes
EEEEOther Solid Waste Incineration Units (Constructed after 12/09/2004 or Modification/Reconstruction is commenced on or after 06/16/2004)Yes
IIIIStationary Compression Ignition Internal Combustion EnginesYes
JJJJStationary Spark Ignition Internal Combustion EnginesYes
KKKKStationary Combustion Turbines (Construction Commenced After 02/18/2005)Yes
LLLLNew Sewage Sludge Incineration UnitsYes
MMMMEmission Guidelines and Compliance Times for Existing Sewage Sludge Incineration UnitsYes
OOOOCrude Oil and Natural Gas Production, Transmission and DistributionYes
1 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.
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* * * * *
Start Part

PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

End Part Start Amendment Part

3. The authority citation for part 61 continues to read as follows:

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

End Authority

Subpart A—General Provisions

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4. Section 61.04 is amended by revising paragraph (c)(6)(ii) to read as follows:

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Address.
* * * * *

(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]

SubpartSource categoryLDEQ 1
AGeneral ProvisionsX
BRadon Emissions From Underground Uranium Mines
CBerylliumX
DBeryllium Rocket Motor FiringX
EMercuryX
FVinyl ChlorideX
G(Reserved)
HEmissions of Radionuclides Other Than Radon From Department of Energy Facilities
IRadionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H
JEquipment Leaks (Fugitive Emission Sources) of BenzeneX
KRadionuclide Emissions From Elemental Phosphorus Plants
LBenzene Emissions From Coke By-Product Recovery PlantsX
MAsbestosX
NInorganic Arsenic Emissions From Glass Manufacturing PlantsX
OInorganic Arsenic Emissions From Primary Copper SmeltersX
PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production FacilitiesX
QRadon Emissions From Department of Energy Facilities
RRadon Emissions From Phosphogypsum Stacks
S(Reserved)
TRadon Emissions From the Disposal of Uranium Mill Tailings
U(Reserved)
VEquipment Leaks (Fugitives Emission Sources)X
WRadon Emissions From Operating Mill Tailings
X(Reserved)
YBenzene Emissions From Benzene Storage VesselsX
Z-AA(Reserved)
BBBenzene Emissions From Benzene Transfer OperationsX
CC-EE(Reserved)
FFBenzene Waste OperationsX
1 Program delegated to Louisiana Department of Environmental Quality (LDEQ).
* * * * *
Start Part

PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES

End Part Start Amendment Part

5. 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

6. Section 63.99 is amended by revising paragraph (a)(19)(i) to read as follows:

End Amendment Part
Delegated Federal authorities.

(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]

SubpartSource categoryLDEQ 1 2
AGeneral ProvisionsX
DEarly ReductionsX
FHazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)X
GHON—SOCMI Process Vents, Storage Vessels, Transfer Operations and WastewaterX
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HHON—Equipment LeaksX
IHON—Certain Processes Negotiated Equipment Leak RegulationX
JPolyvinyl Chloride and Copolymers Production (3)
K(Reserved)
LCoke Oven BatteriesX
MPerchloroethylene Dry CleaningX
NChromium Electroplating and Chromium Anodizing TanksX
OEthylene Oxide SterilizersX
P(Reserved)
QIndustrial Process Cooling TowersX
RGasoline DistributionX
SPulp and Paper IndustryX
THalogenated Solvent CleaningX
UGroup I Polymers and ResinsX
V(Reserved)
WEpoxy Resins Production and Non-Nylon Polyamides ProductionX
XSecondary Lead SmeltingX
YMarine Tank Vessel LoadingX
Z(Reserved)
AAPhosphoric Acid Manufacturing PlantsX
BBPhosphate Fertilizers Production PlantsX
CCPetroleum RefineriesX
DDOff-Site Waste and Recovery OperationsX
EEMagnetic Tape ManufacturingX
FF(Reserved)
GGAerospace Manufacturing and Rework FacilitiesX
HHOil and Natural Gas Production FacilitiesX
IIShipbuilding and Ship Repair FacilitiesX
JJWood Furniture Manufacturing OperationsX
KKPrinting and Publishing IndustryX
LLPrimary Aluminum Reduction PlantsX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp MillsX
NN(Reserved)
OOTanks-Level 1X
PPContainersX
QQSurface ImpoundmentsX
RRIndividual Drain SystemsX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessX
TTEquipment Leaks—Control Level 1X
UUEquipment Leaks—Control Level 2 StandardsX
VVOil—Water Separators and Organic—Water SeparatorsX
WWStorage Vessels (Tanks)—Control Level 2X
XXEthylene Manufacturing Process Units Heat Exchange Systems and Waste OperationsX
YYGeneric Maximum Achievable Control Technology StandardsX
ZZ-BBB(Reserved)
CCCSteel Pickling—HCI Process Facilities and Hydrochloric Acid RegenerationX
DDDMineral Wool ProductionX
EEEHazardous Waste CombustorsX
FFF(Reserved)
GGGPharmaceuticals ProductionX
HHHNatural Gas Transmission and Storage FacilitiesX
IIIFlexible Polyurethane Foam ProductionX
JJJGroup IV Polymers and ResinsX
KKK(Reserved)
LLLPortland Cement ManufacturingX
MMMPesticide Active Ingredient ProductionX
NNNWool Fiberglass ManufacturingX
OOOAmino/Phenolic ResinsX
PPPPolyether Polyols ProductionX
QQQPrimary Copper SmeltingX
RRRSecondary Aluminum ProductionX
SSS(Reserved)
TTTPrimary Lead SmeltingX
UUUPetroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery PlantsX
VVVPublicly Owned Treatment Works (POTW)X
WWW(Reserved)
XXXFerroalloys Production: Ferromanganese and SilicomanganeseX
AAAAMunicipal Solid Waste LandfillsX
CCCCNutritional Yeast ManufacturingX
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DDDDPlywood and Composite Wood Products4 X
EEEE°Organic Liquids DistributionX
FFFFMisc. Organic Chemical Production and Processes (MON)X
GGGGSolvent Extraction for Vegetable Oil ProductionX
HHHHWet Formed Fiberglass Mat ProductionX
IIIIAuto & Light Duty Truck (Surface Coating)X
JJJJPaper and other Web (Surface Coating)X
KKKKMetal Can (Surface Coating)X
MMMMMisc. Metal Parts and Products (Surface Coating)X
NNNNSurface Coating of Large AppliancesX
OOOOFabric Printing Coating and DyeingX
PPPPPlastic Parts (Surface Coating)X
QQQQSurface Coating of Wood Building ProductsX
RRRRSurface Coating of Metal FurnitureX
SSSSSurface Coating for Metal CoilX
TTTTLeather Finishing OperationsX
UUUUCellulose Production ManufactureX
VVVVBoat ManufacturingX
WWWWReinforced Plastic Composites ProductionX
XXXXRubber Tire ManufacturingX
YYYYCombustion TurbinesX
ZZZZReciprocating Internal Combustion Engines (RICE)X
AAAAALime Manufacturing PlantsX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Ovens: Pushing, Quenching and Battery StacksX
DDDDDIndustrial/Commercial/Institutional Boilers and Process Heaters5 X
EEEEEIron FoundriesX
FFFFFIntegrated Iron and SteelX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
IIIIIMercury Cell Chlor-Alkali PlantsX
JJJJJBrick and Structural Clay Products Manufacturing(6)
KKKKKClay Ceramics Manufacturing(6)
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid Production, Fumed Silica ProductionX
OOOOO(Reserved)
PPPPPEngine Test FacilitiesX
QQQQQFriction Products ManufacturingX
RRRRRTaconite Iron Ore ProcessingX
SSSSSRefractory Products ManufactureX
TTTTTPrimary Magnesium RefiningX
UUUUUCoal and Oil-Fired Electric Utility Steam Generating Units7 X
VVVVV(Reserved)
WWWWWHospital Ethylene Oxide SterilizersX
XXXXX(Reserved)
YYYYYElectric Arc Furnace Steelmaking Area SourcesX
ZZZZZIron and Steel Foundries Area SourcesX
AAAAAA(Reserved)
BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline FacilitiesX
CCCCCCGasoline Dispensing FacilitiesX
DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesX
EEEEEEPrimary Copper Smelting Area SourcesX
FFFFFFSecondary Copper Smelting Area SourcesX
GGGGGGPrimary Nonferrous Metals Area Source: Zinc, Cadmium, and BerylliumX
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesX
IIIIII(Reserved)
JJJJJJIndustrial, Commercial, and Institutional Boilers Area SourcesX
KKKKKK(Reserved)
LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesX
MMMMMMCarbon Black Production Area SourcesX
NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsX
OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesX
PPPPPPLead Acid Battery Manufacturing Area SourcesX
QQQQQQWood Preserving Area SourcesX
RRRRRRClay Ceramics Manufacturing Area SourcesX
SSSSSSGlass Manufacturing Area SourcesX
TTTTTTSecondary Nonferrous Metals Processing Area SourcesX
UUUUUU(Reserved)
VVVVVVChemical Manufacturing Area SourcesX
WWWWWWPlating and Polishing Operations Area SourcesX
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XXXXXXMetal Fabrication and Finishing Area SourcesX
YYYYYYFerroalloys Production Facilities Area SourcesX
ZZZZZZAluminum, Copper, and Other Nonferrous Foundries Area SourcesX
AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing Area SourcesX
BBBBBBBChemical Preparation Industry Area SourcesX
CCCCCCCPaints and Allied Products Manufacturing Area SourcesX
DDDDDDDPrepared Feeds Areas SourcesX
EEEEEEEGold Mine Ore Processing and Production Area SourcesX
FFFFFFF-GGGGGGG(Reserved)
HHHHHHHPolyvinyl Chloride and Copolymers Production Major SourcesX
1 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).
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End Supplemental Information

[FR Doc. 2015-03730 Filed 2-23-15; 8:45 am]

BILLING CODE 6560-50-P