New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Louisiana

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Parts 60, 61, and 63</CFR> <DEPDOC>[EPA-R06-OAR-2010-1054; FRL-12688-02-R6]</DEPDOC> <SUBJECT>New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Louisiana</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation and approval of its program for the implementation and enforcement of certain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and non-part 70 sources), as provided for under previously approved delegation mechanisms. The updated State regulations incorporate by reference certain NSPS and NESHAP promulgated by the Environmental Protection Agency (EPA) at parts 60, 61 and 63, as they existed through July 1, 2021. The EPA is providing notice that it is taking final action to approve the delegation of certain NSPS and NESHAP to LDEQ. The delegation of authority under this action does not apply to sources located in Indian country. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on January 20, 2026. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2010-1054. All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet. Publicly available docket materials are available electronically through <E T="03">https://www.regulations.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Clovis Steib, EPA Region 6 Office, Infrastructure and Ozone Section (ARSI), telephone number: 214-665-7566, email address: <E T="03">steib.clovis@epa.gov.</E> Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document “we,” “us,” and “our” means the EPA. <HD SOURCE="HD1">I. Background</HD> The background for this action is discussed in detail in our June 23, 2025, proposal (90 FR 26482). In that document we proposed to approve updating the delegation of certain NSPS and NESHAP to LDEQ. The delegation will provide LDEQ with the primary responsibility to implement and enforce the delegated standards. During the update of the aforementioned delegations, we identified the need to correct certain subparts that were mistakenly included and/or omitted in the Technical Support Document (TSD) submitted with the proposal for this action and filed in the docket. These corrections are the logical outgrowth from our finalization of the LDEQ's proposed delegations for NSPS and NESHAP. They are now reflected in the respective tables located in the amendatory language section of this action. <HD SOURCE="HD1">II. Response to Comment</HD> EPA received an anonymous public comment. The comment states that administrative practice is required and necessary to achieve goals. We thank the commenter for the comment and note administrative practices were followed for this action. This action finalizes updates to LDEQ's current NSPS and NESHAP delegations, following a proposed action and a public comment period. As such, we are finalizing the NSPS and NESHAP delegations to LDEQ as proposed. <HD SOURCE="HD1">III. Final Action</HD> The EPA is taking final action to approve updates to the delegation of certain NSPS to LDEQ, and to update the Louisiana NESHAP delegation to provide the LDEQ with the authority to implement and enforce certain newly incorporated NESHAP promulgated by the EPA and amendments to existing standards currently delegated, as they existed through July 1, 2021. <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD> Under the CAA, the Administrator has the authority to approve delegation requests that comply with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7411(c) and 7412(1). In reviewing delegation submissions, the EPA's role is to approve State choices, provided that they meet the criteria and objectives of the CAA and of the EPA's implementing regulations. Accordingly, this action merely approves the State's request as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review</HD> This action is not a significant regulatory action as defined in Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore not submitted to the Office of Management and Budget (OMB) for review. <HD SOURCE="HD2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</HD> This action is not an Executive Order 14192 regulatory action because this action is not significant under Executive Order 12866. <HD SOURCE="HD2">C. Paperwork Reduction Act (PRA)</HD> This action does not impose an information collection burden under the PRA (44 U.S.C. 3501 <E T="03">et seq.</E> ) because it does not contain any information collection activities. <HD SOURCE="HD2">D. Regulatory Flexibility Act (RFA)</HD> This action is certified to not have a significant economic impact on a substantial number of small entities under the RFA (5 U.S.C. 601 <E T="03">et seq.</E> ). This action approves the delegation of federal rules as requested by the state agency and will therefore have no net regulatory burden for all directly regulated small entities. <HD SOURCE="HD2">E. Unfunded Mandates Reform Act (UMRA)</HD> This action does not contain an unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any State, local, or tribal governments or the private sector. <HD SOURCE="HD2">F. Executive Order 13132: Federalism</HD> This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). It will 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. <HD SOURCE="HD2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</HD> This final approval to update the delegation of certain NSPS to LDEQ and the approval of LDEQ's request to update their NESHAP delegation will not apply in areas of Indian Country, and therefore has no tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This action will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. This action will not impose substantial direct compliance costs on federally recognized tribal governments because no actions will be required of tribal governments. This action will also not preempt tribal law as no Louisiana tribe implements a regulatory program under the CAA and thus does not have applicable or related tribal laws. <HD SOURCE="HD2">H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</HD> The EPA interprets Executive Order 13045 as applying only to regulatory actions considered significant under section 3(f)(1) of Executive Order 12866 and that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of Executive Order 13045. This action is not subject to Executive Order 13045 because it approves a state action implementing a federal standard. <HD SOURCE="HD2">I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use</HD> This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. <HD SOURCE="HD2">J. National Technology Transfer and Advancement Act (NTTAA)</HD> This rulemaking does not involve technical standards. This action is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. <HD SOURCE="HD2">K. Congressional Review Act (CRA)</HD> This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 17, 2026. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) <LSTSUB> <HD SOURCE="HED">List of Subje ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 48k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━