Delegation of EPA's Authority

The U.S. Environmental Protection Agency (EPA) has delegated LDEQ the authority to implement and enforce certain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) promulgated by EPA at 40 CFR 60, 61, and 63.  This delegation applies to both Part 70 and non-Part 70 sources.  See 40 CFR 60.4(b)(T) & (e)(2), 61.04(b)(T) & (c)(6)(ii), and 63.99(a)(18).  The delegation of authority does not extend to sources located in Indian Country.

04-14-10 FR Notice_Delegation of Authority (effective June 14, 2010)

What does this mean?

With respect to delegated NSPS and NESHAPs, LDEQ is the primary point of contact and has the primary responsibility to implement and enforce the federal standards.  All notifications, reports, and other communications required by 40 CFR 60, 61, and 63 should be submitted directly to the LDEQ.  Sources do not need to copy EPA.  EPA Region 6 has waived the requirement that notifications and reports for delegated standards be submitted to EPA in addition to LDEQ pursuant to 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).

Requests to use an alternative test method or monitoring procedure pursuant to 40 CFR 60.13(i), 40 CFR 61.13(h) or 61.14(g), or 40 CFR 63.7(f) or 63.8(f) and where LDEQ has delegation for the applicable subpart, the request should be directed to: 

    • LDEQ
      Office of Environmental Services
      Air Permits Division
      P.O. Box 4313
      Baton Rouge, La. 70821-4313

See “Chart - Where do I send my information?”  to determine the appropiate mailing information.  If the applicable regulation is not addressed in the chart, all correspondence should be sent to the addres above.

Note that LDEQ has the authority to approve only minor and intermediate changes to test methods and monitoring procedures established by 40 CFR 61 & 63.  Definitions of minor, intermediate, and major alternatives to test methods and monitoring.

Also, keep in mind that LDEQ must 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.

Guidance LDEQ uses in evaluating Alternative Monitoring Plans

Authorities not delegated to LDEQ

LDEQ does not have the authority to implement and enforce all federal regulations.  Subparts for which LDEQ does not have delegation include:

Under 40 CFR 60:

Subpart AAA – Standards of Performance for New Residential Wood Heaters 

Under 40 CFR 61:

Subpart B – National Emission Standards for Radon Emissions from Underground Uranium Mines

Subpart H – National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities

Subpart I – National Emission Standards for Radionuclide Emissions from Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H

Subpart K – National Emission Standards for Radionuclide Emissions from Elemental Phosphorus Plants

Subpart Q – National Emission Standards for Radon Emissions from Department of Energy Facilities

Subpart R – National Emission Standards for Radon Emissions from Phosphogypsum Stacks

Subpart T – National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings

Subpart W – National Emission Standards for Radon Emissions from Operating Mill Tailings 

In addition to the above subparts, there are specific portions of the federal regulations for which LDEQ does not have delegation.  These include: 

Under 40 CFR 61:

61.04(b) – Addresses of State and Local Implementing Agencies;

61.12(d)(1) – Compliance with Standards and Maintenance Requirements, Alternate Means of Emission Limitation

61.13(h)(1)(ii) – Major Change to an Emissions Test

61.14(g)(1)(ii) – Major Modifications to Monitoring Requirements

61.16 – Availability of Information Procedures

61.53(c)(4) – List of Approved Design, Maintenance, and Housekeeping Practices for Mercury Chlor-Alkali Plants 

Under 40 CFR 63:

63.6(g) – Approval of Alternative Non-Opacity Emission Standards

63.6(h)(9) – Approval of Alternative Opacity Standards

63.7(e)(2)(ii) & (f) – Approval of Major Alternatives to Test Methods

63.8(f) – Approval of Major Alternatives to Monitoring

63.10(f) – Approval of Major Alternatives to Recordkeeping and Reporting

 Also, certain authorities identified within specific subparts cannot be delegated (e.g., 40 CFR 60.750(b), 63.106(b)).

 

If you are subject to a subpart/provision for which LDEQ does not have delegation, what should you do?

 

All notifications, reports, and other communications required by 40 CFR 60, 61, and 63 should be submitted to:

U.S. EPA Region 6
Director; Air, Pesticides, and Toxics Division
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733Remember that LDEQ should be copied on all correspondence.

With respect to Alternative Test Methods or Monitoring Plans where LDEQ is not delegated, requests should be directed to the Air Enforcement Section (Mail Code 6ENAA) at Region 6.  If LDEQ has incorporated the pertinent subpart by reference (at either LAC 33:III.3003, 5116, 5122, or 5311), approval of both EPA and LDEQ is required.

 

 

 

 

Louisiana Department of Environmental Quality 602 N. Fifth Street Baton Rouge, LA 70802
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