[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19252-19261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8526]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2006-0851; FRL-9137-2]


Delegation of New Source Performance Standards and National 
Emission Standards for Hazardous Air Pollutants for the State of 
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. These regulations apply to certain NSPS 
promulgated by EPA, as amended through July 1, 2008; and certain 
NESHAPs promulgated by EPA, as amended through July 1, 2008. The

[[Page 19253]]

delegation of authority under this action 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 June 14, 2010 without further notice, 
unless EPA receives relevant adverse comment by May 14, 2010.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0851, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: Mr. Guy Donaldson at [email protected]. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand Delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0851. 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 that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Louisiana Department of Environmental Quality, 602 N. Fifth Street, 
Baton Rouge, Louisiana 70802.

FOR FURTHER INFORMATION CONTACT: Kenneth W. Boyce, Air Planning 
Section, (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7259; 
fax number 214-665-7263; e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'' ``us'' and 
``our'' is used refer to EPA.

Table of Contents

I. What Does This Action Do?
II. What Is The Authority For Delegation?
III. What Criteria Must Louisiana's Program Meet To Be Approved?
IV. What Is Being Delegated?
V. What Is Not Being Delegated?
VI. How Will Applicability Determinations Under Section 112 Be Made?
VII. What Authority Does EPA Have?
VIII. What Information Must LDEQ Provide To EPA?
IX. What Is EPA's Oversight Of This Delegation To LDEQ?
X. Should Sources Submit Notices To EPA or LDEQ?
XI. How Will Unchanged Authorities Be Delegated To LDEQ In The 
Future?
XII. Final Action
XIII. 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 these delegations, LDEQ will have the primary 
responsibility to implement and enforce the delegated standards under 
NSPS and NESHAPs.

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 
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.

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

    EPA previously approved LDEQ's program for the delegation of NSPS 
February 22, 1982 (47 FR 07665). The delegation was most recently 
updated on March 26, 2004 (59 FR 15687). This action notifies the 
public that EPA is updating LDEQ's delegation to implement and enforce 
certain additional NSPS. The CAA, as amended, requires under section 
111 that performance standards be set for source categories which in 
the judgment of the Administrator cause or contribute significantly to 
air pollution. The CAA precisely states that the States should have 
primary authority for implementing the NSPS program.
    EPA will approve an air toxics program if we find that:

[[Page 19254]]

    (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. 
Louisiana received its Title V approval on September 12, 1995 (60 FR 
47296), effective October 12, 1995.

IV. What Is Being Delegated?

    On August 14, 2009, EPA received a delegation request update for 
NSPS and NESHAP rules added to the CFR as of July 1, 2008, and certain 
rules issued after July 2008. The most recent update to NESHAP 
Delegation to be approved was approved and covered NESHAP regulations 
issued through July 1, 2004. The last update to the NSPS delegation to 
be approved was approved on March 26, 2004 and covered NSPS regulations 
that had been issued through July 1, 2002. With the exceptions noted 
below, the LDEQ's rules incorporate by reference (IBR) the 
corresponding Federal regulations in 40 CFR parts 60, 61 and 63, into 
the Air Quality regulations, which are applicable in Louisiana that 
have been adopted through July 1, 2008. The Louisiana rules also 
incorporate by reference certain amendments to NSPS rules that were 
adopted after July 1, 2008. These are 40 CFR part 60, Stay of effective 
date of subpart Ja (73 FR 43626), amendments to subpart JJJJ (73 FR 
59175), and amendments to subparts D, Da, Db, and Dc (74 FR 5072). The 
Louisiana rules also IBR certain amendments to part 63 that were 
promulgated after July 1, 2008. These are 40 CFR part 63 withdrawal of 
and revision to subpart M (73 FR 39871), partial withdrawal of direct 
final rule and amendments to subpart EEEE (73 FR 40977), amendments to 
subpart BBBBB (73 FR 42529), subpart XXXXXX (73 FR 43000), and subpart 
YYYYYY (73 FR 78637).
    40 CFR part 61 delegations remain unchanged from the previous 
delegation update which was effective May 25, 2004. LDEQ's request for 
delegation of certain NSPS and NESHAP is 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 the table at end of this Federal Register action titled ``CAA 
Program Delegation Status for Louisiana.'' The effective date of the 
Federal delegation for parts 61 and 63 standards is the effective date 
of this rule.
    Also the delegation of, subpart EEEE, Standards of Performance for 
Other Solid Waste Incineration Units (OSWI) that Commenced Construction 
on or before December 9, 2004, promulgated on December 16, 2005 (70 FR 
74870), remains unchanged as does the LDEQ's plan for emission 
guidelines and compliance times for OSWI units that commenced 
construction on or before December 9, 2004, subpart FFFF, 40 CFR 
60.2980-60.3078 and tables 1-5, 70 FR 74870 (December 16, 2005). Until 
the LDEQ has a mechanism to approve training programs in compliance 
with 40 CFR 60.3014, the LDEQ shall except accreditation approved by 
other States complying with 40 CFR 60.3014. The IBR emission guidelines 
of 40 CFR part 60, and amendments to 40 CFR part 60, are applied to 
applicable units in the State.

V. 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 60, subpart B, Adoption and Submittal of State 
Plans for Designated Facilities and 40 CFR part 60, subpart C, Emission 
Guidelines and Compliance Times, are not included;
     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)). 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

[[Page 19255]]

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.
    40 CFR 63, subpart D, Compliance Extensions for Early Reductions of 
Hazardous Air Pollutants (HAPs), Subpart E, Approval of State Programs 
and Delegation of Federal Authorities and Subpart J, National Emission 
Standards for HAPs for Polyvinyl Chloride and Copolymers Production, 
are not included.
    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.

VI. 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.

VII. What Authority Does EPA Have?

    We retain the right, as provided by CAA section 112(l)(7), to 
enforce any applicable emission standard or requirement under section 
112. EPA also has the authority to make certain decisions under the 
General Provisions (subpart A) of part 63. We are granting LDEQ some of 
these authorities, and retaining others, as explained in sections IV 
and V above. In addition, EPA may review and disapprove of State 
determinations and subsequently require revisions. (See 40 CFR 63.91 
and 65 FR 55837, 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.

VIII. 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 Enforcement Surveillance Branch at the EPA Region 6 office.
    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 the 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)) 
alternative (Sec.  63.7(f)) 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 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, Air Measurements and Quality Group, Emissions Monitoring and 
Analysis Division, Office of Air Quality Planning and Standards, Mail 
Code D205-02, Research Triangle Park, NC 27711, Facsimile telephone 
number: (919) 541-0516.

IX. 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.

X. Should Sources Submit Notices to EPA or LDEQ?

    For the NESHAPS being delegated, all of the information required 
pursuant to the general provisions and the relevant subpart of the 
Federal NESHAP (40 CFR part 63) should be submitted by sources located 
outside of Indian country, directly to the LDEQ at the following 
address: Louisiana Department of Environmental Quality, 602 N. Fifth 
Street, Baton Rouge, Louisiana 70802. The LDEQ is the primary point of 
contact with respect to delegated NESHAPs. Sources do not need to send 
a copy to EPA. EPA Region 6 waives the requirement that notifications 
and reports for delegated standards be submitted to EPA in addition to 
LDEQ in accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii). For 
those standards that are not delegated, sources must continue to submit 
all appropriate information to EPA.

XI. 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 NESHAP regulations that LDEQ has adopted by 
reference. The letter must reference the previous up-front

[[Page 19256]]

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.

XII. 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, 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 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 June 14, 2010 without 
further notice unless the Agency receives relevant adverse comments by 
May 14, 2010.
    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. 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.

XIII. 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a State 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 June 14, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 60

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

[[Page 19257]]

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.

    Dated: February 8, 2010.
Al Armendariz,
Regional Administrator, Region 6.

0
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.

Subpart A--General Provisions

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


Sec.  60.4  Address.

* * * * *
    (b) * * *
* * * * *
    (T) State Louisiana: Louisiana Department of Environmental Quality, 
P.O. Box 4301, Baton Rouge, Louisiana 70821-4301. 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 for Performance for New Residential Wood 
Heaters, as amended in the Federal Register through July 1, 2008.

       Delegation Status for Part 60 Standards--State of Louisiana
------------------------------------------------------------------------
      Subpart                Source category                LDEQ\1\
------------------------------------------------------------------------
A.................  General Provisions..............  Yes.
D.................  Fossil Fueled Steam Generators    Yes.
                     (>250 MM BTU/hr). Including
                     amendments issued January 28,
                     2009. (74 FR 5072).
Da................  Electric Utility Steam            Yes.
                     Generating Units (>250 MM BTU/
                     hr). Including amendments
                     issued January 28, 2009. (74 FR
                     5072).
Db................  Industrial-Commercial-            Yes.
                     Institutional Steam Generating
                     Units (100 to 250 MM BTU/hr).
                     Including amendments issued
                     January 28, 2009. (74 FR 5072).
Dc................  Industrial-Commercial-            Yes.
                     Institutional Small Steam
                     Generating Units (10 to 100 MM
                     BTU/hr). Including amendments
                     issued January 28, 2009. (74 FR
                     5072).
E.................  Incinerators (>50 tons per day).  Yes.
                     Including amendments issued
                     January 28, 2009. (74 FR 5072).
Ea................  Municipal Waste Combustors......  Yes.
Eb................  Large Municipal Waste Combustors  Yes.
Ec................  Hospital/Medical/Infectious       Yes.
                     Waste Incinerators.
F.................  Portland Cement Plants..........  Yes.
G.................  Nitric Acid Plants..............  Yes.
H.................  Sulfuric Acid Plants............  Yes.
I.................  Hot Mix Asphalt Facilities......  Yes.
J.................  Petroleum Refineries............  Yes.
Ja................  Petroleum Refineries (After May   Yes.
                     14, 2007). Including amendments
                     issued July 28, 2008. (73 FR
                     43626).
K.................  Storage Vessels for Petroleum     Yes.
                     Liquids (After 6/11/73 & Before
                     5/19/78).
Ka................  Storage Vessels for Petroleum     Yes.
                     Liquids (After 6/11/73 & Before
                     5/19/78).
Kb................  Volatile Organic Liquid Storage   Yes.
                     Vessels (Including Petroleum
                     Liquid Stg/Vessels) After 7/23/
                     84.
L.................  Secondary Lead Smelters.........  Yes.
M.................  Secondary Brass and Bronze        Yes.
                     Production Plants.
N.................  Primary Emissions from Basic      Yes.
                     Oxygen Process Furnaces
                     (Construction Commenced After
                     June 11, 1973).
Na................  Secondary Emissions from Basic    Yes.
                     Oxygen Process Steelmaking
                     Facilities Construction is
                     Commenced After January 20,
                     1983.
O.................  Sewage Treatment Plants.........  Yes.
P.................  Primary Copper Smelters.........  Yes.
Q.................  Primary Zinc Smelters...........  Yes.
R.................  Primary Lead Smelters...........  Yes.
S.................  Primary Aluminum Reduction        Yes.
                     Plants.
T.................  Phosphate Fertilizer Industry:    Yes.
                     Wet Process Phosphoric Plants.
U.................  Phosphate Fertilizer Industry:    Yes.
                     Superphosphoric Acid Plants.
V.................  Phosphate Fertilizer Industry:    Yes.
                     Diammonium Phosphate Plants.
W.................  Phosphate Fertilizer Industry:    Yes.
                     Triple Superphosphate Plants.
X.................  Phosphate Fertilizer Industry:    Yes.
                     Granular Triple Superphosphate
                     Storage Facilities.
Y.................  Coal Preparation Plants.........  Yes.
Z.................  Ferroalloy Production Facilities  Yes.
AA................  Steel Plants: Electric Arc        Yes.
                     Furnaces After 10/21/74 & On or
                     Before 8/17/83.
AAa...............  Steel Plants: Electric Arc        Yes.
                     Furnaces & Argon-Oxygen
                     Decarburization Vessels After 8/
                     07/83.
BB................  Kraft Pulp Mills................  Yes.
CC................  Glass Manufacturing Plants......  Yes.
DD................  Grain Elevators.................  Yes.
EE................  Surface Coating of Metal          Yes.
                     Furnature.
GG................  Stationary Gas Turbines.........  Yes.
HH................  Lime Manufacturing Plants.......  Yes.
KK................  Lead-Acid Battery Manufacturing   Yes.
                     Plants.
LL................  Metallic Mineral Processing       Yes.
                     Plants.

[[Page 19258]]

 
MM................  Automobile & Light Duty Truck     Yes.
                     Surface Coating Operations.
NN................  Phosphate Manufacturing Plants..  Yes.
PP................  Ammonium Sulfate Manufacture....  Yes.
QQ................  Graphic Arts Industry:            Yes.
                     Publication Rotogravure
                     Printing.
RR................  Pressure Sensitive Tape and       Yes.
                     Label Surface Coating
                     Operations.
SS................  Industrial Surface Coating:       Yes.
                     Large Appliances.
TT................  Metal Coil Surface Coating......  Yes.
UU................  Asphalt Processing and Asphalt    Yes.
                     Roofing Manufacture.
VV................  VOC Equipment Leaks in the SOCMI  Yes.
                     Industry.
VVa...............  VOC Equipment Leaks in the SOCMI  Yes.
                     Industry (After November 7,
                     2006).
XX................  Bulk Gasoline Terminals.........  Yes.
AAA...............  New Residential Wood Heaters....  No
BBB...............  Rubber Tire Manufacturing         Yes.
                     Industry.
DDD...............  Volatile Organic Compound (VOC)   Yes.
                     Emissions from the Polymer
                     Manufacturing Industry.
FFF...............  Flexible Vinyl and Urethane       Yes.
                     Coating and Printing.
GGG...............  VOC Equipment Leaks in Petroleum  Yes.
                     Refineries.
HHH...............  Synthetic Fiber Production......  Yes.
III...............  VOC Emissions from the SOCMI Air  Yes.
                     Oxidation Unit Processes.
JJJ...............  Petroleum Dry Cleaners..........  Yes.
KKK...............  VOC Equipment Leaks From Onshore  Yes.
                     Natural Gas Processing Plants.
LLL...............  Onshore Natural Gas Processing:   Yes.
                     SO2 Emissions.
NNN...............  VOC Emissions from SOCMI          Yes.
                     Distillation Operations.
OOO...............  Nonmetallic Mineral Processing    Yes.
                     Plants.
PPP...............  Wool Fiberglass Insulation        Yes.
                     Manufacturing Plants.
QQQ...............  VOC Emissions From Petroleum      Yes.
                     Refinery Wastewater Systems.
RRR...............  VOC Emissions from SOCMI Reactor  Yes.
                     Processes.
SSS...............  Magnetic Tape Coating Operations  Yes.
TTT...............  Industrial Surface Coating:       Yes.
                     Plastic Parts for Business
                     Machines.
UUU...............  Calciners and Dryers in Mineral   Yes.
                     Industries.
VVV...............  Polymeric Coating of Supporting   Yes.
                     Substrates Facilities.
WWW...............  Municipal Solid Waste Landfills.  Yes.
AAAA..............  Small Municipal Waste Combustion  Yes.
                     Units (Construction is
                     Commenced After 8/30/99 or
                     Modification/Reconstruction is
                     Commenced After 6/06/2001).
CCCC..............  Commercial & Industrial Solid     Yes.
                     Waste Incineration Units
                     (Construction is Commenced
                     After 11/30/1999 or
                     Modification/Reconstruction is
                     Commenced on or After 6/01/
                     2001).
EEEE..............  Other Solid Waste Incineration    Yes.
                     Units (Constructed after 12/09/
                     2004 or Modicatation/
                     Reconstruction is commenced on
                     or after 06/16/2004).
IIII..............  Stationary Compression Ignition   Yes.
                     Internal Combustion Engines.
JJJJ..............  Stationary Spark Ignition         Yes.
                     Internal Combustion Engines.
                     Including amendments issued
                     October 8, 2008. (73 FR 59175).
KKKK..............  Stationary Combustion Turbines    Yes
                     (Construction Commenced After
                     02/18/2005).
------------------------------------------------------------------------
\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, 2008.

PART 61--[AMENDED]

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

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

Subpart A--General Provisions

0
4. Section 61.04 is amended by revising paragraph (b)(T) and by 
revising the text before the table in paragraph (c)(6)(ii) to read as 
follows:


Sec.  61.04  Address.

* * * * *
    (b) * * *
* * * * *
    (T) State of Louisiana: Louisiana Department of Environmental 
Quality, P.O. Box 4301, Baton Rouge, Louisiana 70821-4301.
* * * * *
    (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, 2008. The 
(X) symbol is used to indicate each subpart that has been delegated.
* * * * *

PART 63--[AMENDED]

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

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

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

0
6. Section 63.99 is amended by revising paragraph (a)(18)(i) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
* * * * *
    (18) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Louisiana Department of 
Environmental Quality for all sources. The ``X'' symbol is used to 
indicate each subpart that has been delegated. The delegations are 
subject to all of the conditions and limitations set forth in Federal 
law, regulations, policy, guidance, and determinations. Some 
authorities cannot be delegated and are retained by EPA.

[[Page 19259]]

These include certain General Provisions authorities and specific parts 
of some standards. Any amendments made to these rules after the date of 
adoption are not delegated.

       Delegation Status for Part 63 Standards--State of Louisiana
------------------------------------------------------------------------
      Subpart                Source category               LDEQ \1\
------------------------------------------------------------------------
A.................  General Provisions..............  X
D.................  Early Reductions................  NO
F,G,H & I.........  SOCMI HON.......................  X
J.................  Polyvinyl Chloride & Copolymers   NO \2\
                     Production.
L.................  Coke Oven Batteries.............  X
M.................  Perchloroethylene--Dry Cleaners.  X
N.................  Chromium........................  X
O.................  Ethylene Oxide Sterilization....  X
Q.................  Industrial Process Cooling        X
                     Towers.
R.................  Gasoline Distribution...........  X
S.................  Pulp & Paper MACT I.............  X
T.................  Halogenated Solvent.............  X
U.................  Polymers & Resins/Group I.......  X
W.................  Epoxy Resins and Non-Nylon        X
                     Polyamides.
X.................  Secondary Lead Smelting.........  X
Y.................  Marine Vessel Loading...........  X
AA/BB.............  Phosphoric Acid/Phosphate         X
                     Fertilizers.
CC................  Petroleum Refineries (MACT I)...  X
DD................  Offsite Waste & Recovery........  X
EE................  Magnetic Tape Mfg...............  X
GG................  Aerospace Mfg and Rework........  X
HH................  Oil & Natural Gas Production....  X
II................  Shipbuilding & Ship Repair......  X
JJ................  Wood Furniture Manufacturing....  X
KK................  Printing & Publishing...........  X
LL................  Primary Aluminum Reduction        X
                     Plants.
MM................  Combustion Sources at Kraft,      X
                     Soda, and Sulfite Pulp & Paper
                     Mills.
OO................  Storage Vessels (Tanks)--Control  X
                     Level 1.
PP................  Standards for Containers........  X
QQ................  Standards for Surface             X
                     Impoundments.
RR................  Standards for Individual Drain    X
                     Systems.
SS................  Closed Vent Systems, Control      X
                     Devices, Recovery Devices &
                     Routing to a Fuel Gas System or
                     a Process.
TT................  Equipment Leaks--Control Level 1  X
UU................  Equipment Leaks--Control Level 2  X
VV................  Standards for Oil-Water           X
                     Separators & Organic-Water
                     Separators.
WW................  Storage Vessels (Tanks)--Control  X
                     Level 2.
XX................  Ethylene Manufacturing Process    X
                     Units: Heat Exchange Systems &
                     Waste Operations.
YY................  Acetal Resins...................  X
YY................  Acrylic/Modacrylic Fibers.......  X
YY................  Carbon Black Production.........  X
YY................  Cyanide Chemicals Mfg...........  X
YY................  Ethylene Production.............  X
YY................  Hydrogen Fluoride...............  X
YY................  Polycarbonates Production.......  X
YY................  Spandex Production..............  X
CCC...............  Steel Pickling--HCL Process       X
                     Facilities and Hydrochloric
                     Acid Regeneration Plants.
DDD...............  Standards for Mineral-Wool        X
                     Production.
EEE...............  Standards for Hazardous Waste     X
                     Combustors.
GGG...............  Standards for Pharmaceuticals     X
                     Production.
HHH...............  Standards for Natural Gas         X
                     Transmission & Storage.
III...............  Flexible Polyurethane Foam        X
                     Production.
JJJ...............  Polymers & Resins/Group IV......  X
LLL...............  Portland Cement Manufacturing...  X
MMM...............  Pesticide Active Ingredient       X
                     Production.
NNN...............  Wool Fiberglass.................  X
OOO...............  Polymers & Resins III Amino       X
                     Resins, Phenolic Resins.
PPP...............  Polyether Polyols Production....  X
QQQ...............  Primary Copper Smelting.........  X
RRR...............  Secondary Aluminum Production...  X
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).
XXX...............  Ferroalloys Production..........  X
ZZZ...............  Plywood/Particle Board            NO
                     Manufacturing.
AAAA..............  Municipal Solid Waste Landfills.  X
CCCC..............  Nutritional Yeast Manufacturing.  X
DDDD..............  Plywood & Composite Wood          NO
                     Products.
EEEE..............  Organic Liquids Distribution      X
                     (Non-Gasoline).

[[Page 19260]]

 
FFFF..............  Miscellaneous Organic...........  X
GGGG..............  Solvent Extraction for Vegetable  X
                     Oil Production.
HHHH..............  Wet-Formed Fiberglass Mat         X
                     Production.
IIII..............  Auto & Light Duty Truck (Surface  X
                     Coating).
JJJJ..............  Paper & Other Webs (Surface       X
                     Coating).
KKKK..............  Metal Can (Surface Coating).....  X
MMMM..............  Misc. Metal Parts (Surface        X
                     Coating).
NNNN..............  Large Appliances (Surface         X
                     Coating).
OOOO..............  Fabric Printing, Coating &        X
                     Dyeing (Surface Coating).
PPPP..............  Plastic Parts & Products          X
                     (Surface Coating).
QQQQ..............  Wood Building Products (formerly  X
                     Flat Wood Paneling) (Surface
                     Coating).
RRRR..............  Metal Furniture (Surface          X
                     Coating).
SSSS..............  Metal Coil (Surface Coating)....  X
TTTT..............  Leather-Finishing Operations....  X
UUUU..............  Cellulose Products..............  X
VVVV..............  Boat Manufacturing..............  X
WWWW..............  Reinforced Plastics Composites    X
                     Production.
XXXX..............  Rubber Tire Manufacturing.......  X
YYYY..............  Combustion Turbines.............  X
ZZZZ..............  Reciprocating Internal            X
                     Combustion Engines (RICE).
AAAAA.............  Lime Manufacturing Plants.......  X
BBBBB.............  Semiconductor Manufacturing.....  X
CCCCC.............  Coke Oven; Pushing, Quenching, &  X
                     Battery Stacks.
DDDDD.............  Industrial, Commercial &          NO \2\
                     Institutional Boilers & Process
                     Heaters.
EEEEE.............  Iron & Steel Foundries..........  X
FFFFF.............  Integrated Iron & Steel           X
                     Manufacturing Facilities.
GGGGG.............  Site Remediation................  X
HHHHH.............  Miscellaneous Coating             X
                     Manufacturing.
IIIII.............  Mercury Cell Chlor-Alkali Plants  NO \2\
JJJJJ.............  Brick & Structural Clay Products  NO \2\
                     Manufacturing.
KKKKK.............  Clay Ceramics Manufacturing.....  NO \2\
LLLLL.............  Asphalt Roofing and Processing..  X
MMMMM.............  Flexible Polyurethane Foam        X
                     Fabrication Operation.
NNNNN.............  Hydrochloric Acid Production....  X
PPPPP.............  Engine Test Cells/Stands          X
                     (Combined w/Rocket Testing
                     Facilities).
QQQQQ.............  Friction Products Manufacturing.  X
RRRRR.............  Taconite Ore Processing.........  X
SSSSS.............  Refractory Products               X
                     Manufacturing.
TTTTT.............  Primary Magnesium Refining......  X
YYYYY.............  Electric Arc Furnace Steelmaking  X
                     Facilities.
BBBBBB............  Gasoline Distribution Terminals.  X
CCCCCC............  Gasoline Dispensing Facilities..  X
DDDDDD............  Polyvinyl Chloride and            X
                     Copolymers Production.
EEEEEE............  Primary Copper Smelting.........  X
FFFFFF............  Secondary Copper Smelting.......  X
GGGGGG............  Primary Nonferrous Metals Zinc,   X
                     Cadmium, and Beryllium.
HHHHHH............  Paint Stripping and               X
                     Miscellaneous Surface Coating.
LLLLLL............  Acrylic/Modacrylic Fibor........  X
MMMMMM............  Carbon Black Production.........  X
NNNNNN............  Chromium Compounds..............  X
PPPPPP............  Lead Acid Battery Mfg...........  X
QQQQQQ............  Wood Preserving.................  X
RRRRRR............  Clay Ceramics Mfg...............  X
SSSSSS............  Glass Manufacturing.............  X
TTTTTT............  Secondary Nonferrous Metals       X
                     Processing (Brass, Bronze,
                     Magnesium, & Zinc).
UUUUUU--VVVVVV....  (Reserved).                       ..................
WWWWWW............  Plating and Polishing Operations  X
XXXXXX............  Metal Fabrication & Finishing     X
                     Source Nine Categories.
YYYYYY............  Ferroalloys Production            X
                     Facilities.
ZZZZZZ............  (Reserved).                       ..................
------------------------------------------------------------------------
\1\ Federal Rules Adopted by Louisiana Department of Environmental
  Quality (LDEQ), unchanged as of June 16, 2006.
\2\ Although previously delegated to some States, this standard has been
  vacated and remanded to EPA by the U.S. Court of Appeals for District
  of Columbia Circuit. Therefore, this standard is not delegated at this
  time to any States in Region 6.


[[Page 19261]]

[FR Doc. 2010-8526 Filed 4-13-10; 8:45 am]
BILLING CODE 6560-50-P