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.
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:
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.
LDEQ does not have the authority to implement and enforce all federal regulations. Subparts for which LDEQ does not have delegation include:
Subpart AAA – Standards of Performance for New Residential Wood Heaters
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
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
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)).