[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 74979-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27361]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[R06-OAR-2004-LA-0001; FRL-7847-8]
National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
-----------------------------------------------------------------------
SUMMARY: The Louisiana Department of Environmental Quality (LDEQ) has
submitted updated regulations for receiving delegation of EPA authority
for implementation and enforcement of National Emission Standards for
Hazardous Air Pollutants (NESHAPs) for certain sources (both part 70
and non-part 70 sources). These regulations apply to certain NESHAPs
promulgated by EPA, as amended through July 1, 2003, for 40 CFR part 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 NESHAPs to LDEQ by letter on October
18, 2004.
DATES: This rule is effective on October 18, 2004, without further
notice, unless EPA receives adverse comment by January 13, 2005. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R06-OAR-2004-LA-0001, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. Regional
Material in Edocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
[[Page 74980]]
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6comment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Jeff Robinson at [email protected]. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
section below.
Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at
fax number (214) 665-7263.
Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8 a.m. and 4 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID No. R06-OAR-2004-LA-0001. EPA's policy is that all comments
received will be included in the public file without change, and may be
made available online at http://docket.epa.gov/rmepub/, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information the disclosure of which is restricted by statute. Do not
submit information through Regional Material in EDocket (RME),
regulations.gov, or e-mail if you believe that it is CBI or otherwise
protected from disclosure. The EPA RME website and the federal
regulations.gov are ``anonymous access'' systems, 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 RME or regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the public file and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in the official file which is
available at the Air Permitting Section (6PD-R), Environmental
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. The file will be made available by appointment for public
inspection in the Region 6 FOIA Review Room between the hours of 8:30
a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to
make an appointment. If possible, please make the appointment at least
two working days in advance of your visit. There will be a 15 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, Office of
Environmental Assessment, 602 N. Fifth Street, Baton Rouge, Louisiana
70802.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U.S. EPA, Region 6,
Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue,
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number (214) 665-
7263; or electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. General Information
II. What Does This Action Do?
III. What Is The Authority for Delegation?
IV. What Criteria Must Louisiana's Program Meet To Be Approved?
V. How Did LDEQ Meet the Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be
Made?
IX. What Authority Does EPA Have?
X. What Information Must LDEQ Provide to EPA?
XI. What Is EPA's Oversight of This Delegation to LDEQ?
XII. Should Sources Submit Notices to EPA Or LDEQ?
XIII. How Will Unchanged Authorities be Delegated to LDEQ in the
Future?
XIV. Final Action
XV. Statutory and Executive Order Reviews
I. General Information
A. Tips for Preparing Your Comments
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
B. Submitting Confidential Business Information (CBI)
Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark the part or all of the information that you claim to
be CBI. For CBI information in a disk or CD ROM that you mail to EPA,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
[[Page 74981]]
II. What Does This Action Do?
EPA is taking direct final action to approve the delegation of
certain NESHAPs to LDEQ. With this delegation, LDEQ has the primary
responsibility to implement and enforce the delegated standards.
III. What Is The Authority for Delegation?
Section 112(l) of the CAA and 40 CFR part 63, Subpart E, authorizes
EPA to delegate authority to any state or local agency which submits
adequate regulatory procedures for implementation and enforcement of
emission standards for hazardous air pollutants. The hazardous air
pollutant standards are codified at 40 CFR part 63.
IV. What Criteria Must Louisiana's Program Meet To Be Approved?
EPA previously approved LDEQ's program for the delegation of
certain NESHAP standards in 40 CFR part 63 on March 26, 2004 (69 FR
15687), 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, EPA stated in Section XIII of the March 26, 2004,
delegation (69 FR 15687) that LDEQ will only need to send a letter of
request to EPA Region 6 for future NESHAP delegations where LDEQ has
adopted the part 63 regulations into State rules through incorporation
by reference. The letter must reference the previous up-front approval
demonstration and reaffirm that it still meets the up-front approval
criteria. EPA will respond in writing to the request stating that the
delegation request is either granted or denied. If the request is
approved, the effective date of the delegation will be the date of our
response letter to LDEQ. EPA received LDEQ's delegation request letter
on September 21, 2004, and responded by letter on October 18, 2004,
that the request for delegation was approved.
VI. What Is Being Delegated?
EPA received requests to update the NESHAP delegation on September
21, 2004. LDEQ requested the EPA to update the delegation of authority
for the following:
A. NESHAPs (40 CFR part 63 standards) through July 1, 2003.
LDEQ's request was for delegation of certain 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 51, Subchapter C, section 5122--
Incorporation by Reference of 40 CFR part 63 as it Applies to Major
Sources; and Chapter 53, Subchapter B, section 5311--Incorporation by
Reference of 40 CFR part 63 as it Applies to Area Sources. For the part
63 NESHAPs, this includes the NESHAPs set forth in Table 1 below. The
effective date of the Federal delegation for the part 63 standards
below is the date of EPA's response to LDEQ's delegation request
letter.
Table 1.--40 CFR Part 63 NESHAP for Source Categories
------------------------------------------------------------------------
Subpart Emission standard
------------------------------------------------------------------------
J................................. Polyvinyl Chloride and Copolymers
Production.
XX................................ Ethylene Manufacturing Process
Units: Heat Exchange Systems and
Waste Operations.
AAAA.............................. Municipal Solid Waste Landfills.
JJJJ.............................. Paper and Other Web Coating.
NNNN.............................. Surface Coating of Large Appliances.
OOOO.............................. Printing, Coating, and Dyeing of
Fabrics and Other Textiles.
QQQQ.............................. Surface Coating of Wood Building
Products.
RRRR.............................. Surface Coating of Metal Furniture.
WWWW.............................. Reinforced Plastic Composites
Production.
XXXX.............................. Tire Manufacturing.
BBBBB............................. Semiconductor Manufacturing.
CCCCC............................. Coke Ovens: Pushing, Quenching 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.
PPPPP............................. Engine Test Facilities.
QQQQQ............................. Friction Materials Manufacturing.
SSSSS............................. Refractory Products Manufacturing.
------------------------------------------------------------------------
VII. What Is Not Being Delegated?
EPA cannot delegate to a State any of the Category II Subpart A
authorities set forth in 40 CFR 63.91(g)(2). These include the
following provisions: 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
[[Page 74982]]
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 through
July 1, 2003.
---------------------------------------------------------------------------
All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Louisiana should
be directed to the EPA Region 6 Office.
In addition, this delegation to LDEQ to implement and enforce
certain NESHAPs does not extend to sources or activities located in
Indian country, as defined in 18 U.S.C. 1151. Under this definition,
EPA treats as reservations, trust lands validly set aside for the use
of a Tribe even if the trust lands have not been formally designated as
a reservation. Consistent with previous federal program approvals or
delegations, EPA will continue to implement the NESHAPs in Indian
country because LDEQ has not adequately demonstrated its authority over
sources and activities located within the exterior boundaries of Indian
reservations and other areas in Indian country.
VIII. How Will Applicability Determinations Under Section 112 Be Made?
In approving this delegation, LDEQ will obtain concurrence from EPA
on any matter involving the interpretation of section 112 of the CAA or
40 CFR part 63 to the extent that implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.
IX. What Authority Does EPA Have?
We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under Section
112. EPA also has the authority to make certain decisions under the
General Provisions (Subpart A) of part 63. We are granting LDEQ some of
these authorities, and retaining others, as explained in Sections VI
and VII above. In addition, EPA may review and disapprove of State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard.\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 NESHAPs 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, 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, as applicable.
LDEQ must enter this information into the AIRS system and update the
information by September 30 of every year. LDEQ must provide any
additional compliance related information to EPA, Region 6, Office of
Enforcement and Compliance Assurance within 45 days of a request under
40 CFR 63.96(a).
In receiving delegation for specific General Provisions
authorities, LDEQ must submit to EPA Region 6 on a semi-annual basis,
copies of determinations issued under these authorities. For part 63
standards, these determinations include: applicability determinations
(63.1); approval/disapprovals of construction and reconstruction
[63.5(e) and (f)]; notifications regarding the use of a continuous
opacity monitoring system [63.6(h)(7)(ii)]; finding of compliance
[63.6(h)(8)]; approval/disapprovals of compliance extensions [63.6(i)];
approvals/disapprovals of minor [63.7(e)(2)(i)] or intermediate
[63.7(e)(2)(ii) and (f)] alternative test methods; approval of shorter
sampling times and volumes [63.7(e)(2)(iii)]; waiver of performance
testing [63.7(e)(2)(iv) and (h)(2), (3)]; approvals/disapprovals of
minor or intermediate alternative monitoring methods [63.8(f)];
approval of adjustments to time periods for submitting reports (63.9
and 63.10); and approvals/disapprovals of minor alternatives to
recordkeeping and reporting [63.10(f)].
Additionally, EPA's Emission Measurement Center of the Emissions
Monitoring and Analysis Division must receive copies of any approved
intermediate changes to test methods or monitoring. (Please note that
intermediate changes to test methods must be demonstrated as equivalent
through the procedures set out in EPA method 301.) This information on
approved intermediate changes to test methods and monitoring will be
used to compile a database of decisions that will be accessible to
State and local agencies and EPA Regions for reference in making future
decisions. (For definitions of major, intermediate and minor
alternative test methods or monitoring methods, see 40 CFR 63.90). The
LDEQ should forward these intermediate test methods or monitoring
changes via mail or facsimile to: Chief, Source Categorization Group A,
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone
number: (919) 541-1039.
XI. What Is EPA's Oversight of This Delegation to LDEQ?
EPA must oversee LDEQ's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We will
integrate oversight of the delegated authorities into the existing
mechanisms and resources for oversight currently in place. If, during
oversight, we determine that LDEQ made decisions that decreased the
stringency of the delegated standards, then LDEQ shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient.
XII. Should Sources Submit Notices to EPA or LDEQ?
All of the information required pursuant to the Federal NESHAP (40
CFR part 63) should be submitted by sources located outside of Indian
country, directly to the LDEQ at the following address: Office of
Environmental Services, P.O. Box 4313, Baton Rouge, LA 70821-4313. The
LDEQ is the primary point of contact with respect to delegated NESHAPs.
Sources do not need to send a copy to EPA. EPA Region 6 waives the
requirement that notifications and reports for delegated standards be
submitted to EPA in addition to LDEQ in accordance with 40 CFR
63.9(a)(4)(ii) and 63.10(a)(4)(ii).
XIII. How Will Unchanged Authorities Be Delegated to LDEQ in the
Future?
In the future, LDEQ will only need to send a letter of request to
EPA, Region 6, for those NESHAP regulations that LDEQ has adopted by
reference. The letter must reference the previous up-front approval
demonstration and reaffirm that it still meets the up-front approval
criteria. We will respond in writing to the request stating that the
request for delegation is either granted or denied. If a request is
approved, the
[[Page 74983]]
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 NESHAP standards have been
delegated to LDEQ.
XIV. Final Action
The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of Section 112
standards, as they apply to part 70 sources, on August 24, 1994, for
the proposed interim approval of LDEQ's Title V operating permits
program; and on April 7, 1995, for the proposed final approval of
LDEQ's Title V operating permits program. In EPA's final full approval
of Louisiana's Operating Permits Program (60 FR 47296), the EPA
discussed the public comments on the proposed delegation of the Title V
operating permits program. The public was also given the opportunity to
comment on the delegation of authority to Louisiana for National
Emission Standards for Hazardous Air Pollutants on March 26, 2004 (69
FR 15687 and 69 FR 15755), and received no public comments on the
delegation of authority. In this action, the public is given the
opportunity to comment on the approval of LDEQ's request for delegation
of authority to implement and enforce certain Section 112 standards for
all sources (both part 70 and non-part 70 sources) which have been
adopted by reference into Louisiana's state regulations. However, the
Agency views the approval of these requests as a 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 was effective on
October 18, 2004, without further notice unless the Agency receives
relevant adverse comments by January 14, 2005.
If EPA receives adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect. We will address all public comments in a subsequent
final rule based on the proposed rule. The EPA will not institute a
second comment period on this action. Any parties interested in
commenting must do so at this time. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
XV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose 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 February 14, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Intergovernmental relations, Reporting and recordkeeping
requirements.
[[Page 74984]]
Authority: This action is issued under the authority of Section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: November 24, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 63 is amended as follows:
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 revising paragraph (a)(18)(i) as
follows:
(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.
Delegation Status for Part 63 Standards--State of Louisiana \1\
------------------------------------------------------------------------
Subpart Source Category LDEQ \2,3\
------------------------------------------------------------------------
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, Storage X
Vessels, Transfer Operations and
Wastewater.
H....................... HON--Equipment Leaks.............. X
I....................... HON--Certain Processes Negotiated X
Equipment Leak Regulation.
J....................... Polyvinyl Chloride and Copolymers X
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 Towers. X
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 Production X
Plants.
CC...................... Petroleum Refineries.............. X
DD...................... Off-Site Waste and Recovery X
Operations.
EE...................... Magnetic Tape Manufacturing....... X
FF...................... (Reserved)
GG...................... Aerospace Manufacturing and Rework X
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 Industry.. X
LL...................... Primary Aluminum Reduction Plants. X
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 1.. X
UU...................... Equipment Leaks--Control Level 2 X
Standards.
VV...................... Oil-Water Separators and Organic- X
Water Separators.
WW...................... Storage Vessels (Tanks)--Control X
Level 2.
XX...................... Ethylene Manufacturing Process X
Units: Heat Exchange Systems and
Waste Operations.
YY...................... Generic Maximum Achievable Control X
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
[[Page 74985]]
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... X
CCCC.................... Nutritional Yeast Manufacturing... X
GGGG.................... Solvent Extraction for Vegetable X
Oil Production.
HHHH.................... Wet Formed Fiberglass Mat X
Production.
JJJJ.................... Paper and other Web Coating....... X
NNNN.................... Surface Coating of Large X
Appliances.
OOOO.................... Printing, Coating, and Dyeing of X
Fabrics and Other Textiles.
QQQQ.................... Surface Coating of Wood Building X
Products.
RRRR.................... Surface Coating of Metal Furniture X
SSSS.................... Surface Coating for Metal Coil.... X
TTTT.................... Leather Finishing Operations...... X
UUUU.................... Cellulose Production Manufacture.. X
VVVV.................... Boat Manufacturing................ X
WWWW.................... Reinforced Plastic Composites X
Production.
XXXX.................... Tire Manufacturing................ X
BBBBB................... Semiconductor Manufacturing....... X
CCCCC................... Coke Ovens: Pushing, Quenching and X
Battery Stacks.
FFFFF................... Integrated Iron and Steel......... X
JJJJJ................... Brick and Structural Clay Products X
Manufacturing.
KKKKK................... Clay Ceramics Manufacturing....... X
LLLLL................... Asphalt Roofing and Processing.... X
MMMMM................... Flexible Polyurethane Foam X
Fabrication Operation.
NNNNN................... Hydrochloric Acid Production, X
Fumed Silica Production.
PPPPP................... Engine Test Facilities............ X
QQQQQ................... Friction Products Manufacturing... X
SSSSS................... Refractory Products Manufacturing. X
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
(LDEQ).
\2\ Authorities which may not be delegated include: 63.6(g), Approval of
Alternative Non-Opacity Emission Standards; 63.6(h)(9), Approval of
Alternative Opacity Standards; 63.7(e)(2)(ii) and (f), Approval of
Major Alternatives to Test Methods; 63.8(f), Approval of Major
Alternatives to Monitoring; 6.3.10(f), Approval of Major Alternatives
to Recordkeeping and Reporting; and all authorities identified in the
subparts (e.g., under ``Delegation of Authority'') that cannot be
delegated.
\3\ Federal rules adopted unchanged as of July 1, 2003.
* * * * *
[FR Doc. 04-27361 Filed 12-14-04; 8:45 am]
BILLING CODE 6560-50-P