[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Rules and Regulations]
[Pages 15687-15695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[LA-69-2-7617a; FRL-7638-7]


New Source Performance Standards and 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 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). These 
regulations apply to certain NSPS promulgated by EPA at 40 CFR part 60, 
as amended through July 1, 2002; and certain NESHAPs promulgated by 
EPA, as amended through July 1, 2002, for both 40 CFR part 61 and 63 
standards. The delegation of authority under this notice does not apply 
to sources located in Indian Country. EPA is providing notice that it 
has approved delegation of certain NSPS to LDEQ, and taking direct 
final action to approve the delegation of certain NESHAPs to LDEQ.

DATES: This rule is effective on May 25, 2004, without further notice, 
unless EPA receives adverse comment by April 26, 2004. 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: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffery Robinson, U.S. EPA, Region 
6, Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue, 
Dallas, TX 75202-2733, (214) 665-6435; or electronic mail at 
[email protected].

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. What Is The Relationship Between RCRA And The Hazardous Waste 
Combustor MACT?
XV. Final Action
XVI. Statutory and Executive Order Reviews

I. General Information

A. What Is the Public Rulemaking File?

    EPA is committed to ensuring public access to the information that 
is used to inform the public of the Agency's decisions regarding the 
environment and human health and to ensuring that the public has an 
opportunity to participate in the Agency's decision process. The 
official public rulemaking file consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. The public rulemaking file does not 
include Confidential Business Information (CBI) or other information 
for which disclosure is restricted by statute, although such 
information is a part of the administrative record for this action. The 
public rulemaking file is the collection of materials that is available 
for public viewing at the Regional Office. The administrative record is 
the collection of material used to inform the public of the Agency's 
decision on this rulemaking action.

B. How Can I Get Copies of This Document and Other Related Information?

    1. An official public rulemaking file is available for inspection 
at the Regional Office. The Regional Office has established an official 
public rulemaking file for this action under LA-69-2-7617a. The public 
rulemaking file is available for viewing at the Air Permits Section, 
U.S. Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. EPA requests that, if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section two working days in advance to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4 p.m. excluding Federal holidays.
    2. Copies of the State submittal. Copies of the State submittal are 
also available for public inspection during official business hours, by 
appointment at the Louisiana Department of Environmental Quality, 602 
N. Fifth Street, Baton Rouge, LA 70802.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
federal rules that are open for comment and have been published in the 
Federal Register.
    The E Government Act of 2002 states that to ``to the extent 
practicable'' agencies shall accept electronic comments and establish 
electronic dockets. Also, President Bush's management plan for 
government includes a government-wide electronic rulemaking system. The 
first phase of the e-Rulemaking initiative was the development of a 
Federal portal that displays all Federal Register notices and proposed 
rules open for comment. The URL for this site is http://www.regulations.gov. The site also provides the public with the ability 
to submit electronic comments that can then be transferred to the 
Agency responsible for the rule.
    EPA's policy is to make all comments it receives, whether submitted 
electronically or on paper, available for public viewing at the 
Regional Office as EPA receives them and without change. However, those 
portions of a comment that contain properly identified and claimed CBI 
or other information for which disclosure is restricted by statute will 
be excluded from the public rulemaking file. The entire comment, 
including publicly restricted information, will be included in the 
administrative record for this action.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments. If you wish to submit CBI or 
information that is otherwise protected by statute, please follow the 
instructions in Section I.D, below. Do not use e-mail

[[Page 15688]]

to submit CBI or information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment, and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the public rulemaking file, and may be made 
available in EPA's electronic public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention ``Public comment on proposed 
rulemaking LA-69-2-7617a.'' In contrast to EPA's electronic public 
docket, EPA's e-mail system is not an ``anonymous access'' system. If 
you send an e-mail comment directly to the Docket without going through 
EPA's electronic public docket, EPA's e-mail system automatically 
captures your e-mail address. E-mail addresses that are automatically 
captured by EPA's e-mail system are included as part of the comment 
that is placed in the official public docket, and made available in 
EPA's electronic public docket.
    ii. Regulations.gov. As an alternative to e-mail, you may submit 
comments electronically to EPA by using the Federal web-based portal 
that displays all Federal Register notices and proposed rules open for 
comment. To use this method, access the Regulations.gov Web site at 
http://www.regulations.gov, then select ``Environmental Protection 
Agency'' at the top of the page and click on the ``Go'' button. The 
list of current EPA actions available for comment will be displayed. 
Select the appropriate action and please follow the online instructions 
for submitting comments. Unlike EPA's e-mail system, the 
Regulations.gov Web site is an ``anonymous'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information, unless you provide it in the text of your comments.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section I.C.2, 
directly below. These electronic submissions will be accepted in 
WordPerfect, Word, or ASCII file format. You should avoid the use of 
special characters and any form of encryption.
    2. By Mail. Send your comments to: Jeff Robinson, Air Permits 
Section (6PD-R), Multimedia Planning and Permitting Division, U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733. Please include the text ``Public comment on proposed 
rulemaking LA-69-2-7617a'' in the subject line of the first page of 
your comments.
    3. By Hand Delivery or Courier. Deliver your written comments or 
comments on a disk or CD ROM to: Jeff Robinson, Air Permits Section 
(6PD-R), Multimedia Planning and Permitting Division, U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733, Attention ``Public comment on proposed rulemaking LA-
69-2-7617a.'' Such deliveries are only accepted during official hours 
of business, which are Monday through Friday, 8:30 a.m. to 4:00 p.m., 
excluding Federal holidays.

D. How Should I Submit CBI to the Agency?

    For comments submitted to the Agency by mail or hand delivery, in 
either paper or electronic format, you may assert a business 
confidentiality claim covering confidential business information (CBI) 
included in your comment by clearly marking any part or all of the 
information as CBI at the time the comment is submitted to EPA. CBI 
should be submitted separately, if possible, to facilitate handling by 
EPA. Submit one complete version of the comment that includes the 
properly labeled CBI for EPA's official docket and one copy that does 
not contain the CBI to be included in the public docket. If you submit 
CBI on a disk or CD ROM, mark on the outside of the disk or the CD ROM 
that it contains CBI and then identify the CBI within the disk or CD 
ROM. Also submit a non-CBI version if possible. Information which is 
properly labeled as CBI and submitted by mail or hand delivery will be 
disclosed only in accordance with procedures set forth in 40 CFR part 
2. For comments submitted by EPA's e-mail system or through 
Regulations.gov, no CBI claim may be asserted. Do not submit CBI to 
Regulations.gov or via EPA's e-mail system. Any claim of CBI will be 
waived for comments received through Regulations.gov or EPA's e-mail 
system. For further advice on submitting CBI to the Agency, contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section of this 
notice.

E. Privacy Notice

    It is important to note that the comments you provide to EPA will 
be publicly disclosed in a rulemaking docket or on the Internet. The 
comments are made available for public viewing as EPA receives them and 
without change. Any personal information you choose to include in your 
comment will be included in the docket. However, EPA will exclude from 
the public docket any information labeled confidential business 
information (CBI), copyrighted material or other information restricted 
from disclosure by statute.
    Comments submitted via Regulations.gov will not collect any 
personal information, e-mail addresses, or contact information unless 
they are included in the body of the comment. Comments submitted via 
Regulations.gov will be submitted anonymously unless you include 
personal information in the body of the comment. Please be advised that 
EPA cannot contact you for any necessary clarification if technical 
difficulties arise unless your contact information is included in the 
body of comments submitted through Regulations.gov. However, EPA's e-
mail system is not an anonymous system. E-mail addresses are 
automatically captured by EPA's e-mail system and included as part of 
your comment that is placed in the public rulemaking docket.

F. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line

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on the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. 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.

III. 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 
adequate regulatory procedures 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, 
respectively.

IV. What Criteria Must Louisiana's Program Meet To Be Approved?

    EPA previously approved LDEQ's program for the delegation of NSPS. 
47 FR 07665 (February 22, 1982). This action notifies the public that 
EPA is updating LDEQ's delegation to implement and enforce certain 
NSPS. As to the NESHAP standards in 40 CFR parts 61 and 63, section 
112(l) of the CAA enables EPA to approve State air toxics programs or 
rules to operate in place of the Federal air toxics program or rules. 
40 CFR part 63, subpart E (subpart E) governs EPA's approval of State 
rules or programs under section 112(l).
    EPA will approve an air toxics program if we find that:
    (1) the State program is ``no less stringent'' than the 
corresponding Federal program or rule;
    (2) the State has adequate authority and resources to implement the 
program;
    (3) the schedule for implementation and compliance is sufficiently 
expeditious; and
    (4) the program otherwise complies with Federal guidance.
    In order to obtain approval of its program to implement and enforce 
Federal section 112 rules as promulgated without changes (straight 
delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR 
63.91(d)(3) provides that interim or final Title V program approval 
will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources.

V. How Did LDEQ Meet the Subpart E Approval Criteria?

    As part of its Title V submission, LDEQ stated that it intended to 
use the mechanism of incorporation by reference to adopt unchanged 
Federal section 112 into its regulations. This applied to both existing 
and future standards as they applied to part 70 sources. 59 FR 43797 
(August 25, 1994) and 60 FR 17750 (April 7, 1995). On September 12, 
1995, EPA promulgated final full approval of the State's operating 
permits program effective October 12, 1995. 60 FR 42296. Under 40 CFR 
63.91(d)(2), once a state has satisfied up-front approval criteria, it 
needs only to reference the previous demonstration and reaffirm that it 
still meets the criteria for any subsequent submittals. LDEQ has 
affirmed that it still meets the up-front approval criteria.
    In addition, Louisiana has requested delegation of a State 
requirement to adjust a section 112 rule. The approval of this 
adjustment is regulated at 40 CFR 63.92. The LDEQ has adopted an 
earlier compliance date and is more stringent than the Federal 
requirement at 40 CFR 63.440(d)(1). The LDEQ has met the criteria of 40 
CFR 63.91, and the State compliance date adjustment is not ambiguous 
with respect to stringency of applicability, level of control, 
compliance and enforcement measures, or the compliance date of any 
affected source or emission point, and satisfies the requirements at 40 
CFR 63.92(b).

VI. What Is Being Delegated?

    EPA received requests to update the NSPS and NESHAP delegations on 
November 21, 1997, and June 17, 2003. LDEQ requested the EPA to update 
the delegation of authority for the following:
    A. NSPS (40 CFR part 60 standards) through July 1, 2002;
    B. NESHAPs (40 CFR part 61 standards) through July 1, 2002; and
    C. NESHAPs (40 CFR part 63 standards) through July 1, 2002.
    LDEQ's request was for delegation of certain NSPS and NESHAP for 
all sources (both part 70 and non-part 70 sources). The request 
includes revisions of the NESHAP standards adopted unchanged into 
Louisiana Administrative Code (LAC) Title 33:III, Chapter 30, 
Subchapter A, section 3003--Incorporation by Reference 40 CFR part 60; 
Chapter 51, Subchapter B, section 5116--Incorporation by Reference of 
40 CFR part 61; Chapter 51, Subchapter C, section 5122--Incorporation 
by Reference of 40 CFR part 63 as it Applies to Major Sources, except 
for the compliance date established in Subpart S--Pulp and Paper 
Industry at 40 CFR 63.440(d)(1); and Chapter 53, Subchapter B, section 
5311--Incorporation by Reference of 40 CFR part 63 as it Applies to 
Area Sources. For NSPS, this revision incorporated all NSPS promulgated 
by EPA (except Subpart AAA--Standards of Performance for New 
Residential Wood Heaters) as amended in the Federal Register through 
July 1, 2002. For the part 61 NESHAPs, this revision included all 
NESHAPs promulgated by EPA as amended in the Federal Register through 
July 1, 2002, excluding subparts B, H, I, K, Q, R, T, and W. For the 
part 63 NESHAPs, this includes the NESHAPs set forth in Table 1 below. 
The effective date of the Federal delegation for parts 61 and 63 
standards is the effective date of this rule.

                                 Table 1
               40 CFR Part 63 NESHAP for Source Categories
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                  Subpart                         Emission standard
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A.........................................  General Provisions
D.........................................  Early Reductions
F.........................................  Hazardous Organic NESHAP
                                             (HON)--Synthetic Organic
                                             Chemical Manufacturing
                                             Industry (SOCMI)
G.........................................  HON--SOCMI Process Vents,
                                             Storage Vessels, Transfer
                                             Operations and Wastewater
H.........................................  HON--Equipment Leaks
I.........................................  HON--Certain Processes
                                             Negotiated Equipment Leak
                                             Regulation
J.........................................  Polyvinyl Chloride and
                                             Copolymers Production
L.........................................  Coke Oven Batteries
M.........................................  Perchloroethylene Dry
                                             Cleaning
N.........................................  Chromium Electroplating
O.........................................  Ethylene Oxide Sterilizers
Q.........................................  Industrial Process Cooling
                                             Towers
R.........................................  Gasoline Distribution
S.........................................  Pulp and Paper Industry
T.........................................  Halogenated Solvent Cleaning
U.........................................  Polymers and Resins I
W.........................................  Polymers and Resins II--
                                             Epoxy Resins and Non-Nylon
                                             Polyamides
X.........................................  Secondary Lead Smelting
Y.........................................  Marine Tank Vessel Loading
AA........................................  Phosphoric Acid
BB........................................  Phosphate Fertilizers
CC........................................  Petroleum Refineries
DD........................................  Off-Site Waste and Recovery
EE........................................  Magnetic Tape Manufacturing

[[Page 15690]]

 
GG........................................  Aerospace Manufacturing and
                                             Rework
HH........................................  Oil and Natural Gas
                                             Production
II........................................  Shipbuilding and Ship Repair
JJ........................................  Wood Furniture Manufacturing
KK........................................  Printing and Publishing
                                             Industry
LL........................................  Primary Aluminum Reduction
                                             Plants
OO........................................  Tanks--Level 1
PP........................................  Containers
QQ........................................  Surface Impoundments
RR........................................  Individual Drain Systems
SS........................................  Closed Vent Systems, Control
                                             Devices, Recovery Devices
                                             and Routing to a Fuel Gas
                                             System or a Process
TT........................................  Equipment Leaks--Level 1
UU........................................  Equipment Leaks--Level 2
                                             Standards
VV........................................  Oil-Water Separators and
                                             Organic-Water Separators
WW........................................  Storage Vessels (Tanks)--
                                             Control Level 2
YY........................................  Generic Maximum Achievable
                                             Control Technology
                                             Standards
CCC.......................................  Steel Pickling--HCl Process
                                             Facilities and Hydrochloric
                                             Acid Regeneration
DDD.......................................  Mineral Wool Production
EEE.......................................  Hazardous Waste Combustors
GGG.......................................  Pharmaceuticals Production
HHH.......................................  Natural Gas Transmission and
                                             Storage
III.......................................  Flexible Polyurethane Foam
                                             Production
JJJ.......................................  Polymers and Resins, Group
                                             IV
LLL.......................................  Portland Cement
                                             Manufacturing
MMM.......................................  Pesticide Active Ingredient
                                             Production
NNN.......................................  Wool Fiberglass
                                             Manufacturing
OOO.......................................  Polymer and Resins III--
                                             Amino Resins and Phenolic
                                             Resins
PPP.......................................  Polyether Polyols Production
QQQ.......................................  Primary Copper Smelting
RRR.......................................  Secondary Aluminum
TTT.......................................  Primary Lead Smelting
UUU.......................................  Petroleum Refineries--
                                             Catalytic Cracking,
                                             Catalytic Reforming and
                                             Sulfer Plants
VVV.......................................  Publicly Owned Treatment
                                             Works (POTW)
XXX.......................................  Ferroalloys Production
CCCC......................................  Nutritional Yeast Mfg.
GGGG......................................  Vegetable Oil Production--
                                             Solvent Extraction
HHHH......................................  Wet Formed Fiberglass Mat
                                             Production
SSSS......................................  Surface Coating for Metal
                                             Coil
TTTT......................................  Leather Finishing Operations
UUUU......................................  Cellulose Production
                                             Manufacture
VVVV......................................  Boat Manufacturing
CCCCC.....................................  Coke Ovens: Pushing,
                                             Quenching and Battery
                                             Stacks
------------------------------------------------------------------------

VII. What Is Not Being Delegated?

    As mentioned above, LDEQ has not been delegated the authority for 
the following standards:
    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: Sec.  63.6(g), Approval of Alternative Non-
Opacity Standards; Sec.  63.6(h)(9), Approval of Alternative Opacity 
Standards; Sec.  63.7(e)(2)(ii) and (f), Approval of Major Alternatives 
to Test Methods; Sec.  63.8(f), Approval of Major Alternatives to 
Monitoring; and Sec.  63.10(f), Approval of Major Alternatives to 
Recordkeeping and Reporting. In addition, some MACT standards have 
certain provisions that cannot be delegated to the States [e.g. 40 CFR 
63.106(b)].\1\ Therefore, any MACT standard that EPA is delegating to 
LDEQ that provides that certain authorities cannot be delegated are 
retained by EPA and not delegated. Furthermore, no authorities are 
delegated that require rulemaking in the Federal Register to implement, 
or where Federal overview is the only way to ensure national 
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.
---------------------------------------------------------------------------

    \1\ On June 23, 2003, EPA modified certain NESHAPs to clarify 
which authorities can be delegated to State, local, and tribal 
agencies. 68 FR 37334. However, this delegation is not directly 
affected by these changes, since LDEQ is receiving delegation of the 
part 63 standards that were promulgated by EPA, as amended thorugh 
July 1, 2002.
---------------------------------------------------------------------------

    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 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 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

[[Page 15691]]

(subpart A) of part 63. We are granting LDEQ some of these authorities, 
and retaining others, as explained in sections VI and VII above. In 
addition, EPA may review and disapprove of State determinations and 
subsequently require corrections. (See 40 CFR 63.91(g) and 65 FR 55810, 
55823, September 14, 2000.)
    Furthermore, we retain any authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard.\2\ Also, listed in the footnotes of the part 63 delegation 
table at the end of this rule are the authorities that cannot be 
delegated to any State or local agency which we therefore retain.
---------------------------------------------------------------------------

    \2\ EPA amended several NESHPs to clarify the implementation and 
enforcement authorities within the standards that we may delegate to 
each State, local or tribal agency such as LDEQ. 68 FR 37334 (June 
23, 2003). A complete list of the standards is contained in a copy 
of the proposal available for review at the Dallas Regional Office. 
An electronic copy of the proposal may be obtained from EPA's 
Internet site, http://www.epa.gov/ttn/oarpg/t3pfpr.html. EPA 
believes the changes make all of the standards consistent in 
defining what may not be delegated in actions such as the one we are 
taking today.
---------------------------------------------------------------------------

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. LDEQ must 
enter this information into the AIRS system and update the information 
by September 30 of every year. LDEQ must provide any additional 
compliance related information to EPA, Region 6, Office of Enforcement 
and Compliance Assurance within 45 days of a request under 40 CFR 
63.96(a).
    In receiving delegation for specific General Provisions 
authorities, LDEQ must submit to EPA Region 6 on a semi-annual basis, 
copies of determinations issued under these authorities. For part 63 
standards, these determinations include: Applicability determinations 
(Sec.  63.1); approval/disapprovals of construction and reconstruction 
(Sec.  63.5(e) and (f)); notifications regarding the use of a 
continuous opacity monitoring system (Sec.  63.6(h)(7)(ii)); finding of 
compliance (Sec.  63.6(h)(8)); approval/disapprovals of compliance 
extensions (Sec.  63.6(i)); approvals/disapprovals of minor (Sec.  
63.7(e)(2)(i)) or intermediate (Sec.  63.7(e)(2)(ii) and (f)) 
alternative test methods; approval of shorter sampling times and 
volumes (Sec.  63.7(e)(2)(iii)); waiver of performance testing (Sec.  
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or 
intermediate alternative monitoring methods (Sec.  63.8(f)); approval 
of adjustments to time periods for submitting reports (Sec.  63.9 and 
63.10); and approvals/disapprovals of minor alternatives to 
recordkeeping and reporting (Sec.  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 NSPS and 
NESHAP (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: 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 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).

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 NSPS and NESHAP regulations that LDEQ has 
adopted by reference. The letter must reference the previous up-front 
approval demonstration and reaffirm that it still meets the up-front 
approval criteria. We will respond in writing to the request stating 
that the request for delegation is either granted or denied. If a 
request is approved, the effective date of the delegation will be the 
date of our response letter. A Federal Register will be published to 
inform the public and affected sources of the delegation, indicate 
where source notifications and reports should be sent, and to amend the 
relevant portions of the Code of Federal Regulations showing which NSPS 
and NESHAP standards have been delegated to LDEQ.

XIV. What Is the Relationship Between RCRA and the Hazardous Waste 
Combustor MACT?

    As part of today's rule, we are delegating, under the CAA, 
implementation and enforcement authority for the Hazardous Waste 
Combustor (HWC) MACT (subpart EEE) to LDEQ. Many of the sources subject 
to the HWC MACT are also subject to the RCRA permitting requirements. 
We expect air emissions and related operating requirements found in the 
HWC MACT will be included in part 70 permits issued by LDEQ. However, 
RCRA permits will still be required for all other aspects of the 
combustion unit and the facility that are governed by RCRA (e.g., 
corrective action, general facility standards, other combustor-specific 
concerns such as materials handling, risk-based emissions limits and 
operating requirements, as appropriate and other hazardous waste 
management units).\3\ See the HWC

[[Page 15692]]

MACT rule preamble discussion (64 FR 52828, 52839-52843 (September 30, 
1999)), and the RCRA Site-Specific Risk Assessment Policy for HWC 
Facilities dated June 2000 for more information on the 
interrelationship of the MACT rule with the RCRA Omnibus provision and 
site specific risk assessments.
---------------------------------------------------------------------------

    \3\ EPA promulgated the HWC MACT (40 CFR part 63, subpart EEE) 
under the joint authority of the CAA and RCRA. Before this rule went 
into effect, the air emissions from these sources were primarily 
regulated under the authority of RCRA. See 40 CFR parts 264, 265, 
266, and 270. With the release of HWC MACT, the air emissions are 
now regulated under both CAA and RCRA. Even though both statutes 
give EPA the authority to regulate air emissions, we determined that 
having the emissions standards and permitting requirements in both 
sets of implementing regulations would be duplicative. For this 
reason, using the authority provided by section 1006(b) of RCRA, EPA 
deferred the RCRA requirements for the HWC emission controls to the 
CAA requirements of 40 CFR part 63, subpart EEE. After a facility 
has demonstrated compliance with the HWC MACT, the RCRA standards 
for air emissions from these units will no longer apply, with the 
exception of section 3005(c)(3) of RCRA, which requires that each 
RCRA permit contain the terms and conditions necessary to protect 
human health and the environment. Under this provision of RCRA, if a 
regulatory authority determines that more stringent conditions that 
the HWC MACT are necessary to protect human health and the 
environment for a particular facility, then that regulatory 
authority may impose those conditions in the facility's RCRA permit.
---------------------------------------------------------------------------

XV. 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. In this action, the public is given the 
opportunity to comment on the approval of LDEQ request for delegation 
of authority to implement and enforce certain section 112 standards for 
all sources (both part 70 and non-part 70 sources) which have been 
adopted by reference into Louisiana's state regulations. However, the 
Agency views the approval of these requests as a noncontroversial 
action and anticipates no adverse comments. Therefore, EPA is 
publishing this rule without prior proposal. However, in the ``Proposed 
Rules'' section of today's Federal Register publication, EPA is 
publishing a separate document that will serve as the proposal to 
approve the program and delegation of authority described in this 
action if adverse comments are received. This action will be effective 
May 25, 2004, without further notice unless the Agency receives 
relevant adverse comments by April 26, 2004.
    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.

XVI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state request 
to receive delegation of certain Federal standards, and does not alter 
the relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    In reviewing delegation submissions, EPA's role is to approve 
submissions provided that they meet the criteria of the Clean Air Act. 
In this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a delegation submission for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA to use VCS in place of 
a delegation submission that otherwise satisfies the provisions of the 
Clean Air Act. Thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 25, 2004. 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).)

[[Page 15693]]

List of Subjects

40 CFR Part 60

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

40 CFR Part 61

    Environmental protection, Air pollution control, Arsenic, Benzene, 
Beryllium, Hazardous substances, Mercury, Radon, Reporting, and 
recordkeeping requirements, Uranium, Vinyl chloride.

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 sections 
111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7411 and 
7412.

    Dated: March 9, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
    40 CFR parts 60, 61, and 63 are amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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


0
2. Section 60.4 is amended by revising paragraph (b)(T), and adding 
paragraph (e)(2) to read as follows:


Sec.  60.4  Address.

* * * * *
    (b) * * *
    (T) State of Louisiana: Louisiana Department of Environmental 
Quality, Office of Environmental Assessment, P.O. Box 4314, Baton 
Rouge, LA 70821-4314. For a list of delegated standards for Louisiana 
(excluding Indian country), see paragraph (e)(1) 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, 2002.

PART 61--[AMENDED]

0
1. The authority citation for part 61 continues to read as follows:

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


0
2. Section 61.04 is amended by revising paragraph (b)(T), and adding 
paragraph (c)(6)(ii) to read as follows:


Sec.  61.04  Addresses.

* * * * *
    (b) * * *
    (T) State of Louisiana: Louisiana Department of Environmental 
Quality, Office of Environmental Assessment, P.O. Box 4314, Baton 
Rouge, LA 70821-4314.
* * * * *
    (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, 2002. The 
(X) symbol is used to indicate each subpart that has been delegated.

     Delegation Status for Part 61 Standards--State of Louisiana\1\
------------------------------------------------------------------------
          Subpart                                              LDEQ\2,3\
------------------------------------------------------------------------
A.........................  General Provisions...............          X
C.........................  Beryllium........................          X
D.........................  Beryllium Rocket Motor Firing....          X
E.........................  Mercury..........................          X
F.........................  Vinyl Chloride...................          X
J.........................  Equipment Leaks of Benzene.......          X
L.........................  Benzene Emissions from Coke By-            X
                             Product Recovery Plants.
N.........................  Inorganic Arsenic Emissions from           X
                             Glass Manufacturing Plants.
O.........................  Inorganic Arsenic Emissions from           X
                             Primary Copper Smelters.
P.........................  Inorganic Arsenic Emissions from           X
                             Arsenic Trioxide and Metallic
                             Arsenic Production Facilities.
V.........................  Equipment Leaks..................          X
Y.........................  Benzene Emissions from Benzene             X
                             Storage Vessels.
BB........................  Benzene Emissions from Benzene             X
                             Transfer Operations.
FF........................  Benzene Emissions from Benzene            X
                             Waste Operations.
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
  (LDEQ).
\2\ Authorities which may not be delegated include: Sec.   61.04(b),
  Addresses of State and Local Implementing Agencies; Sec.
  61.12(d)(1), Compliance with Standards and Maintenance Requirements,
  Alternate Means of Emission Limitation; Sec.   61.13(h), Major Change
  to an Emissions Test; Sec.   61.14(g), Major Modifications to
  Monitoring Requirements; Sec.   61.16, Availability of Information
  Procedures; Sec.   61.53(c)(4), List of Approved Design, Maintenance,
  and Housekeeping Practices for Mercury Chlor-Alkali Plants; and all
  authorities identified within specific subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ Federal rules adopted unchanged as of July 1, 2002.

* * * * *

PART 63--[AMENDED]

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

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


0
2. Section 63.99 is amended by adding paragraph (a)(18) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (18) Louisiana.
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Louisiana Department of 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some 
authorities cannot be delegated and are retained by EPA. These include 
certain General Provisions authorities and specific parts of some 
standards. Any amendments made to these rules after this effective date 
are not delegated.

[[Page 15694]]



     Delegation Status for Part 63 Standards--State of Louisiana \1\
------------------------------------------------------------------------
                                                               LDEQ \2,\
          Subpart                    Source category              \3\
------------------------------------------------------------------------
A..........................  General Provisions \2\.........          X
D..........................  Early Reductions...............          X
F..........................  Hazardous Organic NESHAP (HON)--         X
                              Synthetic Organic Chemical
                              Manufacturing Industry (SOCMI).
G..........................  HON--SOCMI Process Vents,                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
                              Copolymers Production.
K..........................  (Reserved).....................
L..........................  Coke Oven Batteries............          X
M..........................  Perchloroethylene Dry Cleaning.          X
N..........................  Chromium Electroplating and              X
                              Chromium Anodizing Tanks.
O..........................  Ethylene Oxide Sterilizers.....          X
P..........................  (Reserved).....................
Q..........................  Industrial Process Cooling               X
                              Towers.
R..........................  Gasoline Distribution..........          X
T..........................  Halogenated Solvent Cleaning...          X
U..........................  Group I Polymers and Resins....          X
V..........................  (Reserved).....................
W..........................  Epoxy Resins Production and Non-         X
                              Nylon Polyamides Production.
X..........................  Secondary Lead Smelting........          X
Y..........................  Marine Tank Vessel Loading.....          X
Z..........................  (Reserved).....................
AA.........................  Phosphoric Acid Manufacturing            X
                              Plants.
BB.........................  Phosphate Fertilizers                    X
                              Production Plants.
CC.........................  Petroleum Refineries...........          X
DD.........................  Off-Site Waste and Recovery              X
                              Operations.
EE.........................  Magnetic Tape Manufacturing....          X
FF.........................  (Reserved).....................
GG.........................  Aerospace Manufacturing and              X
                              Rework Facilities.
HH.........................  Oil and Natural Gas Production           X
                              Facilities.
II.........................  Shipbuilding and Ship Repair             X
                              Facilities.
JJ.........................  Wood Furniture Manufacturing             X
                              Operations.
KK.........................  Printing and Publishing                  X
                              Industry.
LL.........................  Primary Aluminum Reduction               X
                              Plants.
MM.........................  Chemical Recovery Combustion             X
                              Sources at Kraft, Soda,
                              Sulfide, and Stand-Alone
                              Semichemical Pulp Mills.
NN.........................  (Reserved).....................
OO.........................  Tanks--Level 1.................          X
PP.........................  Containers.....................          X
QQ.........................  Surface Impoundments...........          X
RR.........................  Individual Drain Systems.......          X
SS.........................  Closed Vent Systems, Control             X
                              Devices, Recovery Devices and
                              Routing to a Fuel Gas System
                              or a Process.
TT.........................  Equipment Leaks--Control Level           X
                              1.
UU.........................  Equipment Leaks--Control Level           X
                              2 Standards.
VV.........................  Oil-Water Separators and                 X
                              Organic-Water Separators.
WW.........................  Storage Vessels (Tanks)--                X
                              Control Level 2.
XX.........................  (Reserved).....................
YY.........................   Generic Maximum Achievable              X
                              Control Technology Standards.
ZZ-BBB.....................  (Reserved).....................
CCC........................  Steel Pickling--HCl Process              X
                              Facilities and Hydrochloric
                              Acid Regeneration.
DDD........................  Mineral Wool Production........          X
EEE........................  Hazardous Waste Combustors.....          X
FFF........................  (Reserved).....................
GGG........................  Pharmaceuticals Production.....          X
HHH........................  Natural Gas Transmission and             X
                              Storage Facilities.
III........................  Flexible Polyurethane Foam               X
                              Production.
JJJ........................  Group IV Polymers and Resins...          X
KKK........................  (Reserved).....................
LLL........................  Portland Cement Manufacturing..          X
MMM........................  Pesticide Active Ingredient              X
                              Production.
NNN........................  Wool Fiberglass Manufacturing..          X
OOO........................  Amino/Phenolic Resins..........          X
PPP........................  Polyether Polyols Production...          X
QQQ........................  Primary Copper Smelting........          X
RRR........................  Secondary Aluminum Production..          X
SSS........................  (Reserved).....................
TTT........................  Primary Lead Smelting..........          X
UUU........................  Petroleum Refineries--Catalytic          X
                              Cracking Units, Catalytic
                              Reforming Units and Sulfur
                              Recovery Plants.
VVV........................  Publicly Owned Treatment Works           X
                              (POTW).
WWW........................  (Reserved).....................
XXX........................  Ferroalloys Production:                  X
                              Ferromanganese and
                              Silicomanganese.
AAAA.......................  Municipal Solid Waste Landfills
CCCC.......................  Nutritional Yeast Manufacturing          X

[[Page 15695]]

 
GGGG.......................  Solvent Extraction for                   X
                              Vegetable Oil Production.
HHHH.......................  Wet Formed Fiberglass Mat                X
                              Production.
JJJJ.......................  Paper and other Web (Surface
                              Coating).
NNNN.......................  Surface Coating of Large
                              Appliances.
OOOO.......................  Fabric Printing Coating and
                              Dyeing.
QQQQ.......................  Surface Coating of Wood
                              Building Products.
RRRR.......................  Surface Coating of Metal
                              Furniture.
SSSS.......................  Surface Coating for Metal Coil.          X
TTTT.......................  Leather Finishing Operations...          X
UUUU.......................  Cellulose Production                     X
                              Manufacture.
VVVV.......................  Boat Manufacturing.............          X
WWWW.......................  Reinforced Plastic Composites
                              Production.
XXXX.......................  Tire Manufacturing.............
BBBBB......................  Semiconductor Manufacturing....
CCCCC......................  Coke Ovens: Pushing, Quenching           X
                              and Battery Stacks.
FFFFF......................  Integrated Iron and Steel......
JJJJJ......................  Brick and Structural Clay
                              Products Manufacturing.
KKKKK......................  Clay Ceramics Manufacturing....
LLLLL......................  Asphalt Roofing and Processing.
MMMMM......................  Flexible Polyurethane Foam
                              Fabrication Operation.
NNNNN......................  Hydrochloric Acid Production,
                              Fumed Silica Production.
PPPPP......................  Engine Test Facilities.........
QQQQQ......................  Friction Products Manufacturing
SSSSS......................  Refractory Products Manufacture
                              .
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
  (LDEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission 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;
  Sec.   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.
\3\ Federal rules adopted unchanged as of July 1, 2002.

    (ii) Affected sources within Louisiana shall comply with the 
Federal requirements of 40 CFR part 63--subpart S--Pulp and Paper 
Industry, adopted by reference by the Louisiana Department of 
Environmental Quality's (LDEQ), with the exception of the compliance 
date listed in Sec.  63.440(d)(1). The LDEQ has adopted an earlier 
compliance date than the Federal requirement. The earlier compliance 
date is approved by EPA pursuant to Sec.  63.92. Affected sources in 
Louisiana that are subject to the requirements of Subpart S shall meet 
the compliance date established at Louisiana Administrative Code, Title 
33, part III, chapter 51, subchapter C., section 5122, C.2.
* * * * *
[FR Doc. 04-6299 Filed 3-25-04; 8:45 am]
BILLING CODE 6560-50-P