[Federal Register: March 26, 2004 (Volume 69, Number 59)]
[Rules and Regulations]
[Page 15687-15695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr04-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, and 63
[LA-69-2-7617a; FRL-7638-7]
New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
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SUMMARY: The Louisiana Department of Environmental Quality (LDEQ) has
submitted updated regulations for receiving delegation of EPA authority
for implementation and enforcement of New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants
(NESHAPs) for all sources (both part 70 and non-part 70 sources). These
regulations apply to certain NSPS promulgated by EPA at 40 CFR part 60,
as amended through July 1, 2002; and certain NESHAPs promulgated by
EPA, as amended through July 1, 2002, for both 40 CFR part 61 and 63
standards. The delegation of authority under this notice does not apply
to sources located in Indian Country. EPA is providing notice that it
has approved delegation of certain NSPS to LDEQ, and taking direct
final action to approve the delegation of certain NESHAPs to LDEQ.
DATES: This rule is effective on May 25, 2004, without further notice,
unless EPA receives adverse comment by April 26, 2004. If EPA receives
such comment, EPA will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffery Robinson, U.S. EPA, Region
6, Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue,
Dallas, TX 75202-2733, (214) 665-6435; or electronic mail at
robinson.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What Does This Action Do?
III. What Is The Authority For Delegation?
IV. What Criteria Must Louisiana's Program Meet To Be Approved?
V. How Did LDEQ Meet The Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be
Made?
IX. What Authority Does EPA Have?
X. What Information Must LDEQ Provide To EPA?
XI. What Is EPA's Oversight Of This Delegation To LDEQ?
XII. Should Sources Submit Notices To EPA Or LDEQ?
XIII. How Will Unchanged Authorities Be Delegated To LDEQ In The
Future?
XIV. What Is The Relationship Between RCRA And The Hazardous Waste
Combustor MACT?
XV. Final Action
XVI. Statutory and Executive Order Reviews
I. General Information
A. What Is the Public Rulemaking File?
EPA is committed to ensuring public access to the information that
is used to inform the public of the Agency's decisions regarding the
environment and human health and to ensuring that the public has an
opportunity to participate in the Agency's decision process. The
official public rulemaking file consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. The public rulemaking file does not
include Confidential Business Information (CBI) or other information
for which disclosure is restricted by statute, although such
information is a part of the administrative record for this action. The
public rulemaking file is the collection of materials that is available
for public viewing at the Regional Office. The administrative record is
the collection of material used to inform the public of the Agency's
decision on this rulemaking action.
B. How Can I Get Copies of This Document and Other Related Information?
1. An official public rulemaking file is available for inspection
at the Regional Office. The Regional Office has established an official
public rulemaking file for this action under LA-69-2-7617a. The public
rulemaking file is available for viewing at the Air Permits Section,
U.S. Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. EPA requests that, if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section two working days in advance to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4 p.m. excluding Federal holidays.
2. Copies of the State submittal. Copies of the State submittal are
also available for public inspection during official business hours, by
appointment at the Louisiana Department of Environmental Quality, 602
N. Fifth Street, Baton Rouge, LA 70802.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulation.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
federal rules that are open for comment and have been published in the
Federal Register.
The E Government Act of 2002 states that to ``to the extent
practicable'' agencies shall accept electronic comments and establish
electronic dockets. Also, President Bush's management plan for
government includes a government-wide electronic rulemaking system. The
first phase of the e-Rulemaking initiative was the development of a
Federal portal that displays all Federal Register notices and proposed
rules open for comment. The URL for this site is http://www.regulations.gov.
The site also provides the public with the ability
to submit electronic comments that can then be transferred to the
Agency responsible for the rule.
EPA's policy is to make all comments it receives, whether submitted
electronically or on paper, available for public viewing at the
Regional Office as EPA receives them and without change. However, those
portions of a comment that contain properly identified and claimed CBI
or other information for which disclosure is restricted by statute will
be excluded from the public rulemaking file. The entire comment,
including publicly restricted information, will be included in the
administrative record for this action.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments. If you wish to submit CBI or
information that is otherwise protected by statute, please follow the
instructions in Section I.D, below. Do not use e-mail
[[Page 15688]]
to submit CBI or information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment, and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the public rulemaking file, and may be made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
robinson.jeffrey@epa.gov, Attention ``Public comment on proposed
rulemaking LA-69-2-7617a.'' In contrast to EPA's electronic public
docket, EPA's e-mail system is not an ``anonymous access'' system. If
you send an e-mail comment directly to the Docket without going through
EPA's electronic public docket, EPA's e-mail system automatically
captures your e-mail address. E-mail addresses that are automatically
captured by EPA's e-mail system are included as part of the comment
that is placed in the official public docket, and made available in
EPA's electronic public docket.
ii. Regulations.gov. As an alternative to e-mail, you may submit
comments electronically to EPA by using the Federal web-based portal
that displays all Federal Register notices and proposed rules open for
comment. To use this method, access the Regulations.gov Web site at
http://www.regulations.gov, then select ``Environmental Protection
Agency'' at the top of the page and click on the ``Go'' button. The
list of current EPA actions available for comment will be displayed.
Select the appropriate action and please follow the online instructions
for submitting comments. Unlike EPA's e-mail system, the
Regulations.gov Web site is an ``anonymous'' system, which means EPA
will not know your identity, e-mail address, or other contact
information, unless you provide it in the text of your comments.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section I.C.2,
directly below. These electronic submissions will be accepted in
WordPerfect, Word, or ASCII file format. You should avoid the use of
special characters and any form of encryption.
2. By Mail. Send your comments to: Jeff Robinson, Air Permits
Section (6PD-R), Multimedia Planning and Permitting Division, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. Please include the text ``Public comment on proposed
rulemaking LA-69-2-7617a'' in the subject line of the first page of
your comments.
3. By Hand Delivery or Courier. Deliver your written comments or
comments on a disk or CD ROM to: Jeff Robinson, Air Permits Section
(6PD-R), Multimedia Planning and Permitting Division, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733, Attention ``Public comment on proposed rulemaking LA-
69-2-7617a.'' Such deliveries are only accepted during official hours
of business, which are Monday through Friday, 8:30 a.m. to 4:00 p.m.,
excluding Federal holidays.
D. How Should I Submit CBI to the Agency?
For comments submitted to the Agency by mail or hand delivery, in
either paper or electronic format, you may assert a business
confidentiality claim covering confidential business information (CBI)
included in your comment by clearly marking any part or all of the
information as CBI at the time the comment is submitted to EPA. CBI
should be submitted separately, if possible, to facilitate handling by
EPA. Submit one complete version of the comment that includes the
properly labeled CBI for EPA's official docket and one copy that does
not contain the CBI to be included in the public docket. If you submit
CBI on a disk or CD ROM, mark on the outside of the disk or the CD ROM
that it contains CBI and then identify the CBI within the disk or CD
ROM. Also submit a non-CBI version if possible. Information which is
properly labeled as CBI and submitted by mail or hand delivery will be
disclosed only in accordance with procedures set forth in 40 CFR part
2. For comments submitted by EPA's e-mail system or through
Regulations.gov, no CBI claim may be asserted. Do not submit CBI to
Regulations.gov or via EPA's e-mail system. Any claim of CBI will be
waived for comments received through Regulations.gov or EPA's e-mail
system. For further advice on submitting CBI to the Agency, contact the
person listed in the FOR FURTHER INFORMATION CONTACT section of this
notice.
E. Privacy Notice
It is important to note that the comments you provide to EPA will
be publicly disclosed in a rulemaking docket or on the Internet. The
comments are made available for public viewing as EPA receives them and
without change. Any personal information you choose to include in your
comment will be included in the docket. However, EPA will exclude from
the public docket any information labeled confidential business
information (CBI), copyrighted material or other information restricted
from disclosure by statute.
Comments submitted via Regulations.gov will not collect any
personal information, e-mail addresses, or contact information unless
they are included in the body of the comment. Comments submitted via
Regulations.gov will be submitted anonymously unless you include
personal information in the body of the comment. Please be advised that
EPA cannot contact you for any necessary clarification if technical
difficulties arise unless your contact information is included in the
body of comments submitted through Regulations.gov. However, EPA's e-
mail system is not an anonymous system. E-mail addresses are
automatically captured by EPA's e-mail system and included as part of
your comment that is placed in the public rulemaking docket.
F. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line
[[Page 15689]]
on the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
II. What Does This Action Do?
EPA is providing notice that it is delegating authority for
implementation and enforcement of certain NSPS to LDEQ. EPA is also
taking direct final action to approve the delegation of certain NESHAPs
to LDEQ. With this delegation, LDEQ has the primary responsibility to
implement and enforce the delegated standards.
III. What Is the Authority for Delegation?
Section 111(c)(1) of the Clean Air Act (CAA) authorizes EPA to
delegate authority to any state agency which submits adequate
regulatory procedures for implementation and enforcement of the NSPS
program. The NSPS standards are codified at 40 CFR part 60.
Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes
EPA to delegate authority to any state or local agency which submits
adequate regulatory procedures for implementation and enforcement of
emission standards for hazardous air pollutants. The hazardous air
pollutant standards are codified at 40 CFR parts 61 and 63,
respectively.
IV. What Criteria Must Louisiana's Program Meet To Be Approved?
EPA previously approved LDEQ's program for the delegation of NSPS.
47 FR 07665 (February 22, 1982). This action notifies the public that
EPA is updating LDEQ's delegation to implement and enforce certain
NSPS. As to the NESHAP standards in 40 CFR parts 61 and 63, section
112(l) of the CAA enables EPA to approve State air toxics programs or
rules to operate in place of the Federal air toxics program or rules.
40 CFR part 63, subpart E (subpart E) governs EPA's approval of State
rules or programs under section 112(l).
EPA will approve an air toxics program if we find that:
(1) the State program is ``no less stringent'' than the
corresponding Federal program or rule;
(2) the State has adequate authority and resources to implement the
program;
(3) the schedule for implementation and compliance is sufficiently
expeditious; and
(4) the program otherwise complies with Federal guidance.
In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR
63.91(d)(3) provides that interim or final Title V program approval
will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources.
V. How Did LDEQ Meet the Subpart E Approval Criteria?
As part of its Title V submission, LDEQ stated that it intended to
use the mechanism of incorporation by reference to adopt unchanged
Federal section 112 into its regulations. This applied to both existing
and future standards as they applied to part 70 sources. 59 FR 43797
(August 25, 1994) and 60 FR 17750 (April 7, 1995). On September 12,
1995, EPA promulgated final full approval of the State's operating
permits program effective October 12, 1995. 60 FR 42296. Under 40 CFR
63.91(d)(2), once a state has satisfied up-front approval criteria, it
needs only to reference the previous demonstration and reaffirm that it
still meets the criteria for any subsequent submittals. LDEQ has
affirmed that it still meets the up-front approval criteria.
In addition, Louisiana has requested delegation of a State
requirement to adjust a section 112 rule. The approval of this
adjustment is regulated at 40 CFR 63.92. The LDEQ has adopted an
earlier compliance date and is more stringent than the Federal
requirement at 40 CFR 63.440(d)(1). The LDEQ has met the criteria of 40
CFR 63.91, and the State compliance date adjustment is not ambiguous
with respect to stringency of applicability, level of control,
compliance and enforcement measures, or the compliance date of any
affected source or emission point, and satisfies the requirements at 40
CFR 63.92(b).
VI. What Is Being Delegated?
EPA received requests to update the NSPS and NESHAP delegations on
November 21, 1997, and June 17, 2003. LDEQ requested the EPA to update
the delegation of authority for the following:
A. NSPS (40 CFR part 60 standards) through July 1, 2002;
B. NESHAPs (40 CFR part 61 standards) through July 1, 2002; and
C. NESHAPs (40 CFR part 63 standards) through July 1, 2002.
LDEQ's request was for delegation of certain NSPS and NESHAP for
all sources (both part 70 and non-part 70 sources). The request
includes revisions of the NESHAP standards adopted unchanged into
Louisiana Administrative Code (LAC) Title 33:III, Chapter 30,
Subchapter A, section 3003--Incorporation by Reference 40 CFR part 60;
Chapter 51, Subchapter B, section 5116--Incorporation by Reference of
40 CFR part 61; Chapter 51, Subchapter C, section 5122--Incorporation
by Reference of 40 CFR part 63 as it Applies to Major Sources, except
for the compliance date established in Subpart S--Pulp and Paper
Industry at 40 CFR 63.440(d)(1); and Chapter 53, Subchapter B, section
5311--Incorporation by Reference of 40 CFR part 63 as it Applies to
Area Sources. For NSPS, this revision incorporated all NSPS promulgated
by EPA (except Subpart AAA--Standards of Performance for New
Residential Wood Heaters) as amended in the Federal Register through
July 1, 2002. For the part 61 NESHAPs, this revision included all
NESHAPs promulgated by EPA as amended in the Federal Register through
July 1, 2002, excluding subparts B, H, I, K, Q, R, T, and W. For the
part 63 NESHAPs, this includes the NESHAPs set forth in Table 1 below.
The effective date of the Federal delegation for parts 61 and 63
standards is the effective date of this rule.
Table 1
40 CFR Part 63 NESHAP for Source Categories
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Subpart Emission standard
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A......................................... General Provisions
D......................................... Early Reductions
F......................................... Hazardous Organic NESHAP
(HON)--Synthetic Organic
Chemical Manufacturing
Industry (SOCMI)
G......................................... HON--SOCMI Process Vents,
Storage Vessels, Transfer
Operations and Wastewater
H......................................... HON--Equipment Leaks
I......................................... HON--Certain Processes
Negotiated Equipment Leak
Regulation
J......................................... Polyvinyl Chloride and
Copolymers Production
L......................................... Coke Oven Batteries
M......................................... Perchloroethylene Dry
Cleaning
N......................................... Chromium Electroplating
O......................................... Ethylene Oxide Sterilizers
Q......................................... Industrial Process Cooling
Towers
R......................................... Gasoline Distribution
S......................................... Pulp and Paper Industry
T......................................... Halogenated Solvent Cleaning
U......................................... Polymers and Resins I
W......................................... Polymers and Resins II--
Epoxy Resins and Non-Nylon
Polyamides
X......................................... Secondary Lead Smelting
Y......................................... Marine Tank Vessel Loading
AA........................................ Phosphoric Acid
BB........................................ Phosphate Fertilizers
CC........................................ Petroleum Refineries
DD........................................ Off-Site Waste and Recovery
EE........................................ Magnetic Tape Manufacturing
[[Page 15690]]
GG........................................ Aerospace Manufacturing and
Rework
HH........................................ Oil and Natural Gas
Production
II........................................ Shipbuilding and Ship Repair
JJ........................................ Wood Furniture Manufacturing
KK........................................ Printing and Publishing
Industry
LL........................................ Primary Aluminum Reduction
Plants
OO........................................ Tanks--Level 1
PP........................................ Containers
QQ........................................ Surface Impoundments
RR........................................ Individual Drain Systems
SS........................................ Closed Vent Systems, Control
Devices, Recovery Devices
and Routing to a Fuel Gas
System or a Process
TT........................................ Equipment Leaks--Level 1
UU........................................ Equipment Leaks--Level 2
Standards
VV........................................ Oil-Water Separators and
Organic-Water Separators
WW........................................ Storage Vessels (Tanks)--
Control Level 2
YY........................................ Generic Maximum Achievable
Control Technology
Standards
CCC....................................... Steel Pickling--HCl Process
Facilities and Hydrochloric
Acid Regeneration
DDD....................................... Mineral Wool Production
EEE....................................... Hazardous Waste Combustors
GGG....................................... Pharmaceuticals Production
HHH....................................... Natural Gas Transmission and
Storage
III....................................... Flexible Polyurethane Foam
Production
JJJ....................................... Polymers and Resins, Group
IV
LLL....................................... Portland Cement
Manufacturing
MMM....................................... Pesticide Active Ingredient
Production
NNN....................................... Wool Fiberglass
Manufacturing
OOO....................................... Polymer and Resins III--
Amino Resins and Phenolic
Resins
PPP....................................... Polyether Polyols Production
QQQ....................................... Primary Copper Smelting
RRR....................................... Secondary Aluminum
TTT....................................... Primary Lead Smelting
UUU....................................... Petroleum Refineries--
Catalytic Cracking,
Catalytic Reforming and
Sulfer Plants
VVV....................................... Publicly Owned Treatment
Works (POTW)
XXX....................................... Ferroalloys Production
CCCC...................................... Nutritional Yeast Mfg.
GGGG...................................... Vegetable Oil Production--
Solvent Extraction
HHHH...................................... Wet Formed Fiberglass Mat
Production
SSSS...................................... Surface Coating for Metal
Coil
TTTT...................................... Leather Finishing Operations
UUUU...................................... Cellulose Production
Manufacture
VVVV...................................... Boat Manufacturing
CCCCC..................................... Coke Ovens: Pushing,
Quenching and Battery
Stacks
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VII. What Is Not Being Delegated?
As mentioned above, LDEQ has not been delegated the authority for
the following standards:
40 CFR Part 60, Subpart AAA (Standards of Performance for New
Residential Wood Heaters);
40 CFR Part 61, Subpart B (National Emission Standards for Radon
Emissions from Underground Uranium Mines);
40 CFR Part 61, Subpart H (National Emission Standards for
Emissions of Radionuclides Other Than Radon From Department of Energy
Facilities);
40 CFR Part 61, Subpart I (National Emission Standards for
Radionuclide Emissions from Federal Facilities Other Than Nuclear
Regulatory Commission Licensees and Not Covered by Subpart H);
40 CFR Part 61, Subpart K--(National Emission Standards for
Radionuclide Emissions from Elemental Phosphorus Plants);
40 CFR Part 61, Subpart Q (National Emission Standards for Radon
Emissions from Department of Energy facilities);
40 CFR Part 61, Subpart R (National Emission Standards for Radon
Emissions from Phosphogypsum Stacks);
40 CFR Part 61, Subpart T (National Emission Standards for Radon
Emissions from the Disposal of Uranium Mill Tailings); and
40 CFR Part 61, Subpart W (National Emission Standards for Radon
Emissions from Operating Mill Tailings).
In addition, EPA cannot delegate to a State any of the Category II
Subpart A authorities set forth in 40 CFR 63.91(g)(2). These include
the following provisions: Sec. 63.6(g), Approval of Alternative Non-
Opacity Standards; Sec. 63.6(h)(9), Approval of Alternative Opacity
Standards; Sec. 63.7(e)(2)(ii) and (f), Approval of Major Alternatives
to Test Methods; Sec. 63.8(f), Approval of Major Alternatives to
Monitoring; and Sec. 63.10(f), Approval of Major Alternatives to
Recordkeeping and Reporting. In addition, some MACT standards have
certain provisions that cannot be delegated to the States [e.g. 40 CFR
63.106(b)].\1\ Therefore, any MACT standard that EPA is delegating to
LDEQ that provides that certain authorities cannot be delegated are
retained by EPA and not delegated. Furthermore, no authorities are
delegated that require rulemaking in the Federal Register to implement,
or where Federal overview is the only way to ensure national
consistency in the application of the standards or requirements of CAA
section 112. Finally, section 112(r), the accidental release program
authority, is not being delegated by this approval.
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\1\ On June 23, 2003, EPA modified certain NESHAPs to clarify
which authorities can be delegated to State, local, and tribal
agencies. 68 FR 37334. However, this delegation is not directly
affected by these changes, since LDEQ is receiving delegation of the
part 63 standards that were promulgated by EPA, as amended thorugh
July 1, 2002.
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All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Louisiana should
be directed to the EPA Region 6 Office.
In addition, this delegation to LDEQ to implement and enforce
certain NSPS and NESHAPs does not extend to sources or activities
located in Indian country, as defined in 18 U.S.C. 1151. Under this
definition, EPA treats as reservations, trust lands validly set aside
for the use of a Tribe even if the trust lands have not been formally
designated as a reservation. Consistent with previous federal program
approvals or delegations, EPA will continue to implement the NSPS and
NESHAPs in Indian country because LDEQ has not adequately demonstrated
its authority over sources and activities located within the exterior
boundaries of Indian reservations and other areas in Indian country.
VIII. How Will Applicability Determinations Under Section 112 Be Made?
In approving this delegation, LDEQ will obtain concurrence from EPA
on any matter involving the interpretation of section 112 of the CAA or
40 CFR part 63 to the extent that implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.
IX. What Authority Does EPA Have?
We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under section
112. EPA also has the authority to make certain decisions under the
General Provisions
[[Page 15691]]
(subpart A) of part 63. We are granting LDEQ some of these authorities,
and retaining others, as explained in sections VI and VII above. In
addition, EPA may review and disapprove of State determinations and
subsequently require corrections. (See 40 CFR 63.91(g) and 65 FR 55810,
55823, September 14, 2000.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard.\2\ Also, listed in the footnotes of the part 63 delegation
table at the end of this rule are the authorities that cannot be
delegated to any State or local agency which we therefore retain.
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\2\ EPA amended several NESHPs to clarify the implementation and
enforcement authorities within the standards that we may delegate to
each State, local or tribal agency such as LDEQ. 68 FR 37334 (June
23, 2003). A complete list of the standards is contained in a copy
of the proposal available for review at the Dallas Regional Office.
An electronic copy of the proposal may be obtained from EPA's
Internet site, http://www.epa.gov/ttn/oarpg/t3pfpr.html. EPA
believes the changes make all of the standards consistent in
defining what may not be delegated in actions such as the one we are
taking today.
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X. What Information Must LDEQ Provide to EPA?
In delegating the authority to implement and enforce these rules
and in granting a waiver of EPA notification requirements, we require
LDEQ to input all source information into the Aerometric Information
Retrieval System (AIRS) for both point and area sources. LDEQ must
enter this information into the AIRS system and update the information
by September 30 of every year. LDEQ must provide any additional
compliance related information to EPA, Region 6, Office of Enforcement
and Compliance Assurance within 45 days of a request under 40 CFR
63.96(a).
In receiving delegation for specific General Provisions
authorities, LDEQ must submit to EPA Region 6 on a semi-annual basis,
copies of determinations issued under these authorities. For part 63
standards, these determinations include: Applicability determinations
(Sec. 63.1); approval/disapprovals of construction and reconstruction
(Sec. 63.5(e) and (f)); notifications regarding the use of a
continuous opacity monitoring system (Sec. 63.6(h)(7)(ii)); finding of
compliance (Sec. 63.6(h)(8)); approval/disapprovals of compliance
extensions (Sec. 63.6(i)); approvals/disapprovals of minor (Sec.
63.7(e)(2)(i)) or intermediate (Sec. 63.7(e)(2)(ii) and (f))
alternative test methods; approval of shorter sampling times and
volumes (Sec. 63.7(e)(2)(iii)); waiver of performance testing (Sec.
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or
intermediate alternative monitoring methods (Sec. 63.8(f)); approval
of adjustments to time periods for submitting reports (Sec. 63.9 and
63.10); and approvals/disapprovals of minor alternatives to
recordkeeping and reporting (Sec. 63.10(f)).
Additionally, EPA's Emission Measurement Center of the Emissions
Monitoring and Analysis Division must receive copies of any approved
intermediate changes to test methods or monitoring. (Please note that
intermediate changes to test methods must be demonstrated as equivalent
through the procedures set out in EPA method 301.) This information on
approved intermediate changes to test methods and monitoring will be
used to compile a database of decisions that will be accessible to
State and local agencies and EPA Regions for reference in making future
decisions. (For definitions of major, intermediate and minor
alternative test methods or monitoring methods, see 40 CFR 63.90). The
LDEQ should forward these intermediate test methods or monitoring
changes via mail or facsimile to: Chief, Source Categorization Group A,
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone
number: (919) 541-1039.
XI. What Is EPA's Oversight of This Delegation to LDEQ?
EPA must oversee LDEQ's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We will
integrate oversight of the delegated authorities into the existing
mechanisms and resources for oversight currently in place. If, during
oversight, we determine that LDEQ made decisions that decreased the
stringency of the delegated standards, then LDEQ shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient.
XII. Should Sources Submit Notices to EPA or LDEQ?
All of the information required pursuant to the Federal NSPS and
NESHAP (40 CFR parts 60, 61, and 63) should be submitted by sources
located outside of Indian country, directly to the LDEQ at the
following address: Office of Environmental Services, P. O. Box 4313,
Baton Rouge, LA 70821-4313. The LDEQ is the primary point of contact
with respect to delegated NSPS and NESHAPs. Sources do not need to send
a copy to EPA. EPA Region 6 waives the requirement that notifications
and reports for delegated standards be submitted to EPA in addition to
LDEQ in accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).
XIII. How Will Unchanged Authorities Be Delegated to LDEQ in the
Future?
In the future, LDEQ will only need to send a letter of request to
EPA, Region 6, for those NSPS and NESHAP regulations that LDEQ has
adopted by reference. The letter must reference the previous up-front
approval demonstration and reaffirm that it still meets the up-front
approval criteria. We will respond in writing to the request stating
that the request for delegation is either granted or denied. If a
request is approved, the effective date of the delegation will be the
date of our response letter. A Federal Register will be published to
inform the public and affected sources of the delegation, indicate
where source notifications and reports should be sent, and to amend the
relevant portions of the Code of Federal Regulations showing which NSPS
and NESHAP standards have been delegated to LDEQ.
XIV. What Is the Relationship Between RCRA and the Hazardous Waste
Combustor MACT?
As part of today's rule, we are delegating, under the CAA,
implementation and enforcement authority for the Hazardous Waste
Combustor (HWC) MACT (subpart EEE) to LDEQ. Many of the sources subject
to the HWC MACT are also subject to the RCRA permitting requirements.
We expect air emissions and related operating requirements found in the
HWC MACT will be included in part 70 permits issued by LDEQ. However,
RCRA permits will still be required for all other aspects of the
combustion unit and the facility that are governed by RCRA (e.g.,
corrective action, general facility standards, other combustor-specific
concerns such as materials handling, risk-based emissions limits and
operating requirements, as appropriate and other hazardous waste
management units).\3\ See the HWC
[[Page 15692]]
MACT rule preamble discussion (64 FR 52828, 52839-52843 (September 30,
1999)), and the RCRA Site-Specific Risk Assessment Policy for HWC
Facilities dated June 2000 for more information on the
interrelationship of the MACT rule with the RCRA Omnibus provision and
site specific risk assessments.
---------------------------------------------------------------------------
\3\ EPA promulgated the HWC MACT (40 CFR part 63, subpart EEE)
under the joint authority of the CAA and RCRA. Before this rule went
into effect, the air emissions from these sources were primarily
regulated under the authority of RCRA. See 40 CFR parts 264, 265,
266, and 270. With the release of HWC MACT, the air emissions are
now regulated under both CAA and RCRA. Even though both statutes
give EPA the authority to regulate air emissions, we determined that
having the emissions standards and permitting requirements in both
sets of implementing regulations would be duplicative. For this
reason, using the authority provided by section 1006(b) of RCRA, EPA
deferred the RCRA requirements for the HWC emission controls to the
CAA requirements of 40 CFR part 63, subpart EEE. After a facility
has demonstrated compliance with the HWC MACT, the RCRA standards
for air emissions from these units will no longer apply, with the
exception of section 3005(c)(3) of RCRA, which requires that each
RCRA permit contain the terms and conditions necessary to protect
human health and the environment. Under this provision of RCRA, if a
regulatory authority determines that more stringent conditions that
the HWC MACT are necessary to protect human health and the
environment for a particular facility, then that regulatory
authority may impose those conditions in the facility's RCRA permit.
---------------------------------------------------------------------------
XV. Final Action
The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of section 112
standards, as they apply to part 70 sources, on August 24, 1994, for
the proposed interim approval of LDEQ's Title V operating permits
program; and on April 7, 1995, for the proposed final approval of
LDEQ's Title V operating permits program. In EPA's final full approval
of Louisiana's Operating Permits Program (60 FR 47296), the EPA
discussed the public comments on the proposed delegation of the Title V
operating permits program. In this action, the public is given the
opportunity to comment on the approval of LDEQ request for delegation
of authority to implement and enforce certain section 112 standards for
all sources (both part 70 and non-part 70 sources) which have been
adopted by reference into Louisiana's state regulations. However, the
Agency views the approval of these requests as a noncontroversial
action and anticipates no adverse comments. Therefore, EPA is
publishing this rule without prior proposal. However, in the ``Proposed
Rules'' section of today's Federal Register publication, EPA is
publishing a separate document that will serve as the proposal to
approve the program and delegation of authority described in this
action if adverse comments are received. This action will be effective
May 25, 2004, without further notice unless the Agency receives
relevant adverse comments by April 26, 2004.
If EPA receives adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect. We will address all public comments in a subsequent
final rule based on the proposed rule. The EPA will not institute a
second comment period on this action. Any parties interested in
commenting must do so at this time. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
XVI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state request
to receive delegation of certain Federal standards, and does not alter
the relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
In reviewing delegation submissions, EPA's role is to approve
submissions provided that they meet the criteria of the Clean Air Act.
In this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a delegation submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA to use VCS in place of
a delegation submission that otherwise satisfies the provisions of the
Clean Air Act. Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 25, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
[[Page 15693]]
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 61
Environmental protection, Air pollution control, Arsenic, Benzene,
Beryllium, Hazardous substances, Mercury, Radon, Reporting, and
recordkeeping requirements, Uranium, Vinyl chloride.
40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Intergovernmental relations, Reporting and recordkeeping
requirements.
Authority: This action is issued under the authority of sections
111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7411 and
7412.
Dated: March 9, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
40 CFR parts 60, 61, and 63 are amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 60.4 is amended by revising paragraph (b)(T), and adding
paragraph (e)(2) to read as follows:
Sec. 60.4 Address.
* * * * *
(b) * * *
(T) State of Louisiana: Louisiana Department of Environmental
Quality, Office of Environmental Assessment, P.O. Box 4314, Baton
Rouge, LA 70821-4314. For a list of delegated standards for Louisiana
(excluding Indian country), see paragraph (e)(1) of this section.
* * * * *
(e) * * *
(2) Louisiana. The Louisiana Department of Environmental Quality
has been delegated all part 60 standards promulgated by EPA, except
subpart AAA--Standards of Performance for New Residential Wood Heaters,
as amended in the Federal Register through July 1, 2002.
PART 61--[AMENDED]
0
1. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 61.04 is amended by revising paragraph (b)(T), and adding
paragraph (c)(6)(ii) to read as follows:
Sec. 61.04 Addresses.
* * * * *
(b) * * *
(T) State of Louisiana: Louisiana Department of Environmental
Quality, Office of Environmental Assessment, P.O. Box 4314, Baton
Rouge, LA 70821-4314.
* * * * *
(c) * * *
(6) * * *
(ii) Louisiana. The Louisiana Department of Environmental Quality
(LDEQ) has been delegated the following part 61 standards promulgated
by EPA, as amended in the Federal Register through July 1, 2002. The
(X) symbol is used to indicate each subpart that has been delegated.
Delegation Status for Part 61 Standards--State of Louisiana\1\
------------------------------------------------------------------------
Subpart LDEQ\2,3\
------------------------------------------------------------------------
A......................... General Provisions............... X
C......................... Beryllium........................ X
D......................... Beryllium Rocket Motor Firing.... X
E......................... Mercury.......................... X
F......................... Vinyl Chloride................... X
J......................... Equipment Leaks of Benzene....... X
L......................... Benzene Emissions from Coke By- X
Product Recovery Plants.
N......................... Inorganic Arsenic Emissions from X
Glass Manufacturing Plants.
O......................... Inorganic Arsenic Emissions from X
Primary Copper Smelters.
P......................... Inorganic Arsenic Emissions from X
Arsenic Trioxide and Metallic
Arsenic Production Facilities.
V......................... Equipment Leaks.................. X
Y......................... Benzene Emissions from Benzene X
Storage Vessels.
BB........................ Benzene Emissions from Benzene X
Transfer Operations.
FF........................ Benzene Emissions from Benzene X
Waste Operations.
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
(LDEQ).
\2\ Authorities which may not be delegated include: Sec. 61.04(b),
Addresses of State and Local Implementing Agencies; Sec.
61.12(d)(1), Compliance with Standards and Maintenance Requirements,
Alternate Means of Emission Limitation; Sec. 61.13(h), Major Change
to an Emissions Test; Sec. 61.14(g), Major Modifications to
Monitoring Requirements; Sec. 61.16, Availability of Information
Procedures; Sec. 61.53(c)(4), List of Approved Design, Maintenance,
and Housekeeping Practices for Mercury Chlor-Alkali Plants; and all
authorities identified within specific subparts (e.g., under
``Delegation of Authority'') that cannot be delegated.
\3\ Federal rules adopted unchanged as of July 1, 2002.
* * * * *
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 63.99 is amended by adding paragraph (a)(18) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(18) Louisiana.
(i) The following table lists the specific part 63 standards that
have been delegated unchanged to the Louisiana Department of
Environmental Quality for all sources. The ``X'' symbol is used to
indicate each subpart that has been delegated. The delegations are
subject to all of the conditions and limitations set forth in Federal
law, regulations, policy, guidance, and determinations. Some
authorities cannot be delegated and are retained by EPA. These include
certain General Provisions authorities and specific parts of some
standards. Any amendments made to these rules after this effective date
are not delegated.
[[Page 15694]]
Delegation Status for Part 63 Standards--State of Louisiana \1\
------------------------------------------------------------------------
LDEQ \2,\
Subpart Source category \3\
------------------------------------------------------------------------
A.......................... General Provisions \2\......... X
D.......................... Early Reductions............... X
F.......................... Hazardous Organic NESHAP (HON)-- X
Synthetic Organic Chemical
Manufacturing Industry (SOCMI).
G.......................... HON--SOCMI Process Vents, X
Storage Vessels, Transfer
Operations and Wastewater.
H.......................... HON--Equipment Leaks........... X
I.......................... HON--Certain Processes X
Negotiated Equipment Leak
Regulation.
J.......................... Polyvinyl Chloride and X
Copolymers Production.
K.......................... (Reserved).....................
L.......................... Coke Oven Batteries............ X
M.......................... Perchloroethylene Dry Cleaning. X
N.......................... Chromium Electroplating and X
Chromium Anodizing Tanks.
O.......................... Ethylene Oxide Sterilizers..... X
P.......................... (Reserved).....................
Q.......................... Industrial Process Cooling X
Towers.
R.......................... Gasoline Distribution.......... X
T.......................... Halogenated Solvent Cleaning... X
U.......................... Group I Polymers and Resins.... X
V.......................... (Reserved).....................
W.......................... Epoxy Resins Production and Non- X
Nylon Polyamides Production.
X.......................... Secondary Lead Smelting........ X
Y.......................... Marine Tank Vessel Loading..... X
Z.......................... (Reserved).....................
AA......................... Phosphoric Acid Manufacturing X
Plants.
BB......................... Phosphate Fertilizers X
Production Plants.
CC......................... Petroleum Refineries........... X
DD......................... Off-Site Waste and Recovery X
Operations.
EE......................... Magnetic Tape Manufacturing.... X
FF......................... (Reserved).....................
GG......................... Aerospace Manufacturing and X
Rework Facilities.
HH......................... Oil and Natural Gas Production X
Facilities.
II......................... Shipbuilding and Ship Repair X
Facilities.
JJ......................... Wood Furniture Manufacturing X
Operations.
KK......................... Printing and Publishing X
Industry.
LL......................... Primary Aluminum Reduction X
Plants.
MM......................... Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfide, and Stand-Alone
Semichemical Pulp Mills.
NN......................... (Reserved).....................
OO......................... Tanks--Level 1................. X
PP......................... Containers..................... X
QQ......................... Surface Impoundments........... X
RR......................... Individual Drain Systems....... X
SS......................... Closed Vent Systems, Control X
Devices, Recovery Devices and
Routing to a Fuel Gas System
or a Process.
TT......................... Equipment Leaks--Control Level X
1.
UU......................... Equipment Leaks--Control Level X
2 Standards.
VV......................... Oil-Water Separators and X
Organic-Water Separators.
WW......................... Storage Vessels (Tanks)-- X
Control Level 2.
XX......................... (Reserved).....................
YY......................... Generic Maximum Achievable X
Control Technology Standards.
ZZ-BBB..................... (Reserved).....................
CCC........................ Steel Pickling--HCl Process X
Facilities and Hydrochloric
Acid Regeneration.
DDD........................ Mineral Wool Production........ X
EEE........................ Hazardous Waste Combustors..... X
FFF........................ (Reserved).....................
GGG........................ Pharmaceuticals Production..... X
HHH........................ Natural Gas Transmission and X
Storage Facilities.
III........................ Flexible Polyurethane Foam X
Production.
JJJ........................ Group IV Polymers and Resins... X
KKK........................ (Reserved).....................
LLL........................ Portland Cement Manufacturing.. X
MMM........................ Pesticide Active Ingredient X
Production.
NNN........................ Wool Fiberglass Manufacturing.. X
OOO........................ Amino/Phenolic Resins.......... X
PPP........................ Polyether Polyols Production... X
QQQ........................ Primary Copper Smelting........ X
RRR........................ Secondary Aluminum Production.. X
SSS........................ (Reserved).....................
TTT........................ Primary Lead Smelting.......... X
UUU........................ Petroleum Refineries--Catalytic X
Cracking Units, Catalytic
Reforming Units and Sulfur
Recovery Plants.
VVV........................ Publicly Owned Treatment Works X
(POTW).
http://WWW........................ (Reserved).....................
XXX........................ Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA....................... Municipal Solid Waste Landfills
CCCC....................... Nutritional Yeast Manufacturing X
[[Page 15695]]
GGGG....................... Solvent Extraction for X
Vegetable Oil Production.
HHHH....................... Wet Formed Fiberglass Mat X
Production.
JJJJ....................... Paper and other Web (Surface
Coating).
NNNN....................... Surface Coating of Large
Appliances.
OOOO....................... Fabric Printing Coating and
Dyeing.
QQQQ....................... Surface Coating of Wood
Building Products.
RRRR....................... Surface Coating of Metal
Furniture.
SSSS....................... Surface Coating for Metal Coil. X
TTTT....................... Leather Finishing Operations... X
UUUU....................... Cellulose Production X
Manufacture.
VVVV....................... Boat Manufacturing............. X
Whttp://WWW....................... Reinforced Plastic Composites
Production.
XXXX....................... Tire Manufacturing.............
BBBBB...................... Semiconductor Manufacturing....
CCCCC...................... Coke Ovens: Pushing, Quenching X
and Battery Stacks.
FFFFF...................... Integrated Iron and Steel......
JJJJJ...................... Brick and Structural Clay
Products Manufacturing.
KKKKK...................... Clay Ceramics Manufacturing....
LLLLL...................... Asphalt Roofing and Processing.
MMMMM...................... Flexible Polyurethane Foam
Fabrication Operation.
NNNNN...................... Hydrochloric Acid Production,
Fumed Silica Production.
PPPPP...................... Engine Test Facilities.........
QQQQQ...................... Friction Products Manufacturing
SSSSS...................... Refractory Products Manufacture
.
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
(LDEQ).
\2\ Authorities which may not be delegated include: Sec. 63.6(g),
Approval of Alternative Non-Opacity Emission Standards; Sec.
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring;
Sec. 63.10(f), Approval of Major Alternatives to Recordkeeping and
Reporting; and all authorities identified in the subparts (e.g., under
``Delegation of Authority'') that cannot be delegated.
\3\ Federal rules adopted unchanged as of July 1, 2002.
(ii) Affected sources within Louisiana shall comply with the
Federal requirements of 40 CFR part 63--subpart S--Pulp and Paper
Industry, adopted by reference by the Louisiana Department of
Environmental Quality's (LDEQ), with the exception of the compliance
date listed in Sec. 63.440(d)(1). The LDEQ has adopted an earlier
compliance date than the Federal requirement. The earlier compliance
date is approved by EPA pursuant to Sec. 63.92. Affected sources in
Louisiana that are subject to the requirements of Subpart S shall meet
the compliance date established at Louisiana Administrative Code, Title
33, part III, chapter 51, subchapter C., section 5122, C.2.
* * * * *
[FR Doc. 04-6299 Filed 3-25-04; 8:45 am]
BILLING CODE 6560-50-P