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

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Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; delegation of authority.

SUMMARY:

The New Mexico Environment Department (NMED) has submitted updated regulations for receiving delegation and approval of a 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 Title V and non-Title V sources). These updated regulations apply to certain NSPS promulgated by the EPA and amended between September 24, 2013 and January 15, 2017; certain NESHAP promulgated by the EPA and amended between January 1, 2011 and January 15, 2017; and other NESHAP promulgated by the EPA and amended between August 30, 2013 and January 15, 2017, as adopted by the NMED. The delegation of authority under this action does not apply to sources located in Bernalillo County, New Mexico, or to sources located in areas defined as Indian Country. The EPA is providing notice that it is updating the delegation of certain NSPS to NMED, and taking final action to approve the delegation of certain NESHAP to NMED.

DATES:

This rule is effective on October 12, 2018.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2016-0091. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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 through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Mr. Rick Barrett (6MM-AP), (214) 665-7227; email: barrett.richard@epa.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean the EPA.

Table of Contents

I. Background

II. Response to Comment

III. What does this action do?

IV. What is the authority for delegation?

V. What criteria must New Mexico's programs meet to be approved?

VI. How did NMED meet the NSPS and NESHAP program approval criteria?

VII. What is being delegated?

VIII. What is not being delegated?

IX. How will statutory and regulatory interpretations be made?

X. What authority does the EPA have?

XI. What information must NMED provide to the EPA?

XII. What is the EPA's oversight role?

XIII. Should sources submit notices to the EPA or NMED?

XIV. How will unchanged authorities be delegated to NMED in the future?

XV. Final Action

XVI. Statutory and Executive Order Reviews

I. Background

On April 13, 2018, EPA published a direct final rule and accompanying proposal approving the updated delegation of authority for implementation and enforcement of NSPS and NESHAPs for all sources (both part 70 and non-part 70 sources) to the NMED. The direct final rule and proposal were published without prior proposal because EPA anticipated no relevant adverse comments. See 83 FR 15964 and 83 FR 16027, respectively. EPA stated in the direct final rule that if we receive relevant adverse comments by May 14, 2018, we would publish a timely withdrawal in the Federal Register, and all public comments received would be addressed in a subsequent final rule based on the proposed rule.

EPA received an adverse comment on May 14, 2018, and accordingly withdrew the direct final rule on June 5, 2018, pursuant to sections 111 and 112 of the CAA. See 83 FR 25936. The comment and our response to that comment follows below.

II. Response to Comment

Comment: EPA received an anonymous adverse comment in response to the proposed rulemaking. The comment includes several personal observations and statements critical of New Mexico's ability to maintain and oversee its air quality programs. The commenter recommends that the proposed update to New Mexico's NESHAP delegation not be approved until EPA investigates the commenter's allegations and New Mexico has addressed the alleged deficiencies. See Docket for the entire comment.

EPA's Response: We thank the commenter for the comment. Section 112(l) of the Act and EPA's implementing regulations at 40 CFR part 63, subpart E primarily govern EPA's actions on State requests for delegation of authority to implement and enforce the NESHAP program. CAA section 112(l)(5)(B) states that EPA shall disapprove a NESHAP program submitted by a State if we find that adequate resources are not available to implement the program. See also 40 CFR 63.91(d)(3)(iii). Several concerns expressed by the commenter relate to the adequacy of resources (including the lack of technically experienced and qualified staff) maintained by the NMED Air Quality Bureau. NMED provided EPA with a response to those comments that included a description of current resources and experience within the Air Quality Bureau. See Docket for NMED's response. In addition, consistent with 40 CFR 63.91(d)(2), New Mexico's delegation update request included a reference to its previous demonstration and a reaffirmation that the up-front approval criteria for delegation are still being met. Based on this information as well as discussions with the Compliance and Enforcement Division and the Criminal Investigation Division within EPA Region 6, we have not identified sufficient information to support the necessary finding for disapproval of the requested NESHAP Start Printed Page 46108delegation update. The remainder of the commenter's concerns (e.g., meeting the requirements of EPA's compliance monitoring plan) relate to matters that are more appropriately addressed as part of our oversight responsibilities. EPA oversees NMED's decisions to ensure the delegated authorities are being adequately implemented and enforced. We integrate oversight of the delegated authorities into the existing mechanisms and resources for oversight currently in place. If, during oversight, we determine that NMED made decisions which decreased the stringency of the delegated standards, then NMED would 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). Our oversight authorities allow us to initiate withdrawal of the program delegation if the corrective actions taken are insufficient.

III. What does this action do?

The EPA is providing notice that it is approving NMED's request updating the delegation for the implementation and enforcement of certain NSPS. The EPA is also taking final action to approve NMED's request updating the delegation of certain NESHAP. With this delegation, NMED has the primary responsibility to implement and enforce the delegated standards. See sections VII and VIII, below, for a discussion of which standards are being delegated and which are not being delegated.

IV. What is the authority for delegation?

Upon the EPA's finding that the procedures submitted by a State for the implementation and enforcement of standards of performance for new sources located in the State are adequate, Section 111(c)(1) of the Clean Air Act (CAA) authorizes the EPA to delegate its authority to implement and enforce such standards. The new source performance standards are codified at 40 CFR part 60.

Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize the EPA to delegate authority for the implementation and enforcement of emission standards for hazardous air pollutants to a State that satisfies the statutory and regulatory requirements in subpart E. The hazardous air pollutant standards are codified at 40 CFR parts 61 and 63.

V. What criteria must New Mexico's programs meet to be approved?

In order to receive delegation of NSPS, a State must develop and submit to the EPA a procedure for implementing and enforcing the NSPS in the state, and their regulations and resources must be adequate for the implementation and enforcement of the NSPS. The EPA initially approved New Mexico's program for the delegation of NSPS on June 6, 1986 (51 FR 20648). The EPA reviewed the laws of the State and the rules and regulations of the New Mexico Environmental Improvement Division (now the NMED) and determined the State's procedures, regulations and resources adequate for the implementation and enforcement of the Federal standards. The NSPS delegation was most recently updated on February 2, 2015 (80 FR 5475). This action notifies the public that the EPA is updating NMED's delegation to implement and enforce certain additional NSPS.

Section 112(l)(5) of the CAA requires the EPA to disapprove any program submitted by a State for the delegation of NESHAP standards if the EPA determines that:

(A) The authorities contained in the program are not adequate to assure compliance by the sources within the State with respect to each applicable standard, regulation, or requirement established under section 112;

(B) adequate authority does not exist, or adequate resources are not available, to implement the program;

(C) the schedule for implementing the program and assuring compliance by affected sources is not sufficiently expeditious; or

(D) the program is otherwise not in compliance with the guidance issued by the EPA under section 112(l)(2) or is not likely to satisfy, in whole or in part, the objectives of the CAA.

In carrying out its responsibilities under section 112(l), the EPA promulgated regulations at 40 CFR part 63, subpart E setting forth criteria for the approval of submitted programs. For example, in order to obtain approval of a program to implement and enforce Federal section 112 rules as promulgated without changes (straight delegation), a State must demonstrate that it meets the criteria of 40 CFR 63.91(d). 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).[1]

The NESHAP delegation was most recently approved on February 2, 2015 (80 FR 5475).

VI. How did NMED meet the NSPS and NESHAP program approval criteria?

As to the NSPS standards in 40 CFR part 60, NMED adopted the Federal standards via incorporation by reference. The NMED regulations are, therefore, at least as stringent as the EPA's rules. See 40 CFR 60.10(a). Also, in the EPA initial approval of NSPS delegation, we determined that the State developed procedures for implementing and enforcing the NSPS in the State, and that the State's regulations and resources are adequate for the implementation and enforcement of the Federal standards. See 51 FR 20648 (June 6, 1986).

As to the NESHAP standards in 40 CFR parts 61 and 63, as part of its Title V submission NMED stated that it intended to use the mechanism of incorporation by reference to adopt unchanged Federal section 112 standards into its regulations. This commitment applied to both existing and future standards as they applied to part 70 sources. The EPA's final interim approval of New Mexico's Title V operating permits program delegated the authority to implement certain NESHAP, effective December 19, 1994 (59 FR 59656). On November 26, 1996, the EPA promulgated final full approval of the State's operating permits program, effective January 27, 1997 (61 FR 60032). These interim and final title V program approvals satisfy the upfront approval criteria of 40 CFR 63.91(d). Under 40 CFR 63.91(d)(2), once a state has satisfied the up-front approval criteria, it needs only to reference the previous demonstration and reaffirm that it still meets the criteria for any subsequent submittals for delegation of the section 112 standards. NMED has affirmed that it still meets the up-front approval criteria. With respect to non-Title V sources, the EPA has previously approved delegation of NESHAP authorities to NMED after finding adequate authorities to implement and enforce the NESHAP for non-Title V sources. See 68 FR 69036 (December 11, 2003).

VII. What is being delegated?

By letter dated January 22, 2016, the EPA received a request from NMED to update its NSPS delegation and NESHAP delegation. With certain exceptions noted in section VIII below, NMED's request included NSPS in 40 CFR part 60, as amended between September 24, 2013 and September 15, 2015; NESHAP in 40 CFR part 61, as Start Printed Page 46109amended between January 1, 2011 and September 15, 2015; and NESHAP in 40 CFR part 63, as amended between August 30, 2013 and September 15, 2015.

By letter dated June 9, 2017, the EPA received a request from NMED to update its NSPS delegation and NESHAP delegation. With certain exceptions noted in section VIII below, NMED's request included NSPS in 40 CFR part 60, as amended between September 15, 2015 and January 15, 2017; NESHAP in 40 CFR part 61, as amended between September 15, 2015 and January 15, 2017; and NESHAP in 40 CFR part 63, as amended between September 15, 2015 and January 15, 2017. This action is being taken in response to NMED's requests noted above.

VIII. What is not being delegated?

All authorities not affirmatively and expressly delegated by this action are not delegated. These include the following part 60, 61 and 63 authorities listed below:

  • 40 CFR part 60, subpart AAA (Standards of Performance for New Residential Wood Heaters);
  • 40 CFR part 60, subpart QQQQ (Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces);
  • 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);
  • 40 CFR part 61, subpart W (National Emission Standards for Radon Emissions From Operating Mill Tailings); and
  • 40 CFR part 63, subpart J (National Emission Standards for Polyvinyl Chloride and Copolymers Production).

In addition, the EPA regulations provide that we cannot delegate to a State any of the Category II authorities set forth in 40 CFR 63.91(g)(2). These include the following provisions: § 63.6(g), Approval of Alternative Non-Opacity 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; and § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting. Also, some Part 61 and Part 63 standards have certain provisions that cannot be delegated to the States. 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, this action does not delegate any authority under section 112(r), the accidental release program.

All inquiries and requests concerning implementation and enforcement of the excluded standards in the State of New Mexico should be directed to the EPA Region 6 Office.

In addition, this delegation to NMED to implement and enforce certain NSPS and NESHAP authorities does not extend to sources or activities located in Indian country, as defined in 18 U.S.C. 1151. Under this definition, the 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, the EPA will continue to implement the NSPS and NESHAP in Indian country because NMED has not submitted information to demonstrate authority over sources and activities located within the exterior boundaries of Indian reservations and other areas in Indian country.

IX. How will statutory and regulatory interpretations be made?

In approving the NSPS delegation, NMED will obtain concurrence from the EPA on any matter involving the interpretation of section 111 of the CAA or 40 CFR part 60 to the extent that implementation or enforcement of these provisions have not been covered by prior EPA determinations or guidance. See 51 FR 20649 (June 6, 1986).

In approving the NESHAP delegation, NMED will obtain concurrence from the EPA on any matter involving the interpretation of section 112 of the CAA or 40 CFR parts 61 and 63 to the extent that implementation or enforcement of these provisions have not been covered by prior EPA determinations or guidance.

X. What authority does the EPA have?

We retain the right, as provided by CAA section 111(c)(2), to enforce any applicable emission standard or requirement under section 111.

We retain the right, as provided by CAA section 112(l)(7) and 40 CFR 63.90(d)(2), to enforce any applicable emission standard or requirement under section 112. In addition, the EPA may enforce any federally approved State rule, requirement, or program under 40 CFR 63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make decisions under the General Provisions (subpart A) of parts 61 and 63. We are delegating to NMED some of these authorities, and retaining others, as explained in sections V and VI above. In addition, the EPA may review and disapprove State determinations and subsequently require corrections. See 40 CFR 63.91(g)(1)(ii). EPA also has the authority to review NMED's implementation and enforcement of approved rules or programs and to withdraw approval if we find inadequate implementation or enforcement. See 40 CFR 63.96.

Furthermore, we retain any authority in an individual emission standard that may not be delegated according to provisions of the standard. Also, listed in footnote 2 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.

Finally, we retain the authorities stated in the original delegation agreement. See 51 FR 20648-20650 (June 6, 1986).

XI. What information must NMED provide to the EPA?

NMED 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, NMED must submit to EPA Region 6, on a semi-annual basis, copies of determinations issued under these authorities. See 40 CFR 63.91(g)(1)(ii). For 40 CFR part 63 standards, these determinations include: Section 63.1, Applicability Determinations; Section 63.6(e), Operation and Maintenance Requirements—Responsibility for Determining Compliance; Section Start Printed Page 4611063.6(f), Compliance with Non-Opacity Standards—Responsibility for Determining Compliance; Section 63.6(h), Compliance with Opacity and Visible Emissions Standards—Responsibility for Determining Compliance; Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans; Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods; Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) Test Plans; Section 63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f), Approval of Intermediate Alternatives to Monitoring; Section 63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports; Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and Reporting; and Section 63.7(a)(4), Extension of Performance Test Deadline.

XII. What is the EPA's oversight role?

The EPA oversees NMED'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 NMED made decisions that decreased the stringency of the delegated standards, then NMED shall be required to take corrective actions and the source(s) affected by the decisions will be notified. See 40 CFR 63.91(g)(1)(ii) and 63.91(b). Our oversight authorities allow us to initiate withdrawal of the program delegation if the corrective actions taken are insufficient.

XIII. Should sources submit notices to the EPA or NMED?

Sources located outside the boundaries of Bernalillo County and outside of Indian country should submit all information required pursuant to the delegated authorities in the Federal NSPS and NESHAP (40 CFR parts 60, 61 and 63) directly to the NMED at the following address: New Mexico Environment Department, P.O. Box 5469, Santa Fe, New Mexico 87502-5469. The NMED is the primary point of contact with respect to delegated NSPS and NESHAP authorities. Sources do not need to send a copy to the EPA. The EPA Region 6 waives the requirement that notifications and reports for delegated authorities be submitted to the EPA in addition to NMED in accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).[2] For those authorities not delegated, sources must continue to submit all appropriate information to the EPA.

XIV. How will unchanged authorities be delegated to NMED in the future?

In the future, NMED will only need to send a letter of request to update their delegation to EPA, Region 6, for those NSPS which they have adopted by reference. The EPA will amend the relevant portions of the Code of Federal Regulations showing which NSPS standards have been delegated to NMED. Also, in the future, NMED will only need to send a letter of request for approval to EPA, Region 6, for those NESHAP regulations that NMED 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. A Federal Register action 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 NMED.

XV. Final Action

We are approving the request by the NMED for the updated delegation of certain NSPS to NMED, and taking final action to approve the delegation of certain NESHAP to NMED, for all sources (both Title V and non-Title V sources). These updated regulations apply to certain NSPS promulgated by the EPA at 40 CFR part 60, as amended between September 24, 2013 and January 15, 2017; certain NESHAP promulgated by the EPA at 40 CFR part 61, as amended between January 1, 2011 and January 15, 2017; and other NESHAP promulgated by the EPA at 40 CFR part 63, as amended between August 30, 2013 and January 15, 2017, as adopted by the NMED (See the amendatory language at the end of this document for the specific standards delegated). The delegation of authority under this action does not apply to sources located in Bernalillo County, New Mexico, or to sources located in areas defined as Indian Country.

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 is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. 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 (Pub. L. 104-4). The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

The delegation is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

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 Start Printed Page 46111responsibilities 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. This action is not subject to the 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 CAA. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 13, 2018. 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)).

Start List of Subjects

List of Subjects

40 CFR Part 60

  • Environmental protection
  • Administrative practice and procedure
  • Air pollution control
  • Intergovernmental relations
  • Reporting and recordkeeping requirements

40 CFR Part 61

  • Environmental protection
  • Administrative practice and procedure
  • Air pollution control
  • Arsenic
  • Benzene
  • Beryllium
  • Hazardous substances
  • Intergovernmental relations
  • Mercury
  • Reporting and recordkeeping requirements
  • Vinyl chloride

40 CFR Part 63

  • Environmental protection
  • Administrative practice and procedure
  • Air pollution control
  • Hazardous substances
  • Intergovernmental relations
  • Reporting and recordkeeping requirements
End List of Subjects Start Authority

Authority: 42 U.S.C. 7401 et seq

End Authority Start Signature

Dated: September 6, 2018.

Wren Stenger,

Director, Multimedia Division, Region 6.

End Signature

40 CFR parts 60, 61, and 63 are amended as follows:

Start Part

PART 60—[AMENDED]

End Part Start Amendment Part

1. The authority citation for part 60 continues to read as follows:

End Amendment Part Start Authority

Authority: 42 U.S.C. 7401 et seq.

End Authority

Subpart A—General Provisions

Start Amendment Part

2. Section 60.4 is amended by revising paragraphs (b)(33) and (e)(1) to read as follows:

End Amendment Part
Address.
* * * * *

(b) * * *

(33) State of New Mexico: New Mexico Environment Department, P.O. Box 5469, Santa Fe, New Mexico 87502-5469. Note: For a list of delegated standards for New Mexico (excluding Bernalillo County and Indian country), see paragraph (e)(1) of this section.

* * * * *

(e) * * *

(1) New Mexico. The New Mexico Environment Department has been delegated all part 60 standards promulgated by the EPA, except subpart AAA—Standards of Performance for New Residential Wood Heaters; and subpart QQQQ—Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces, as amended in the Federal Register through January 15, 2017.

* * * * *
Start Part

PART 61—[AMENDED]

End Part Start Amendment Part

3. The authority citation for part 61 continues to read as follows:

End Amendment Part Start Authority

Authority: 42 U.S.C. 7401 et seq.

End Authority

Subpart A—General Provisions

Start Amendment Part

4. Section 61.04 is amended by revising paragraphs (b)(33) and (c)(6)(iii) to read as follows:

End Amendment Part
Address.

(b) * * *

(33) State of New Mexico: New Mexico Environment Department, P.O. Box 5469, Santa Fe, New Mexico 87502-5469. For a list of delegated standards for New Mexico (excluding Bernalillo County and Indian country), see paragraph (c)(6) of this section.

* * * * *

(c) * * *

(6) * * *

(iii) New Mexico. The New Mexico Environment Department (NMED) has been delegated the following part 61 standards promulgated by the EPA, as amended in the Federal Register through January 15, 2017. 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 and regulations.

Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for New Mexico

[Excluding Bernalillo County and Indian Country]

SubpartSource categoryNMED 1
AGeneral ProvisionsX
BRadon Emissions From Underground Uranium Mines
CBerylliumX
DBeryllium Rocket Motor FiringX
EMercuryX
FVinyl ChlorideX
G(Reserved)
HEmissions of Radionuclides Other Than Radon From Department of Energy Facilities
Start Printed Page 46112
IRadionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H
JEquipment Leaks (Fugitive Emission Sources) of BenzeneX
KRadionuclide Emissions From Elemental Phosphorus Plants
LBenzene Emissions From Coke By-Product Recovery PlantsX
MAsbestosX
NInorganic Arsenic Emissions From Glass Manufacturing PlantsX
OInorganic Arsenic Emissions From Primary Copper SmeltersX
PInorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production FacilitiesX
QRadon Emissions From Department of Energy Facilities
RRadon Emissions From Phosphogypsum Stacks
S(Reserved)
TRadon Emissions From the Disposal of Uranium Mill Tailings
U(Reserved)
VEquipment Leaks (Fugitives Emission Sources)X
WRadon Emissions From Operating Mill Tailings
X(Reserved)
YBenzene Emissions From Benzene Storage VesselsX
Z-AA(Reserved)
BBBenzene Emissions From Benzene Transfer OperationsX
CC-EE(Reserved)
FFBenzene Waste OperationsX
1 Program delegated to New Mexico Environment Department (NMED).
Start Part

PART 63—[AMENDED]

End Part Start Amendment Part

5. The authority citation for part 63 continues to read as follows:

End Amendment Part Start Authority

Authority: 42 U.S.C. 7401 et seq.

End Authority

Subpart E—Approval of State Programs and Delegation of Federal Authorities

Start Amendment Part

6. Section 63.99 is amended by revising paragraph (a)(32)(i) to read as follows:

End Amendment Part
Delegated Federal authorities.

(a) * * *

(32) * * *

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the New Mexico Environment Department 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 and regulations. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after January 15, 2017 are not delegated.

Delegation Status for Part 63 Standards—State of New Mexico

[Excluding Indian Country]

SubpartSource categoryNMED 1 2ABCAQCB 1 3
AGeneral ProvisionsXX
DEarly ReductionsXX
FHazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)XX
GHON—SOCMI Process Vents, Storage Vessels, Transfer Operations and WastewaterXX
HHON—Equipment LeaksXX
IHON—Certain Processes Negotiated Equipment Leak RegulationXX
JPolyvinyl Chloride and Copolymers Production(4)(4)
K(Reserved)
LCoke Oven BatteriesXX
MPerchloroethylene Dry CleaningXX
NChromium Electroplating and Chromium Anodizing TanksXX
OEthylene Oxide SterilizersXX
P(Reserved)
QIndustrial Process Cooling TowersXX
RGasoline DistributionXX
SPulp and Paper IndustryXX
THalogenated Solvent CleaningXX
UGroup I Polymers and ResinsXX
V(Reserved)
WEpoxy Resins Production and Non-Nylon Polyamides ProductionXX
XSecondary Lead SmeltingXX
YMarine Tank Vessel LoadingXX
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Z(Reserved)
AAPhosphoric Acid Manufacturing PlantsXX
BBPhosphate Fertilizers Production PlantsXX
CCPetroleum RefineriesXX
DDOff-Site Waste and Recovery OperationsXX
EEMagnetic Tape ManufacturingXX
FF(Reserved)
GGAerospace Manufacturing and Rework FacilitiesXX
HHOil and Natural Gas Production FacilitiesXX
IIShipbuilding and Ship Repair FacilitiesXX
JJWood Furniture Manufacturing OperationsXX
KKPrinting and Publishing IndustryXX
LLPrimary Aluminum Reduction PlantsXX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp MillsXX
NNWool Fiberglass Manufacturing Area SourcesX
OOTanks-Level 1XX
PPContainersXX
QQSurface ImpoundmentsXX
RRIndividual Drain SystemsXX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXX
TTEquipment Leaks—Control Level 1XX
UUEquipment Leaks—Control Level 2 StandardsXX
VVOil—Water Separators and Organic—Water SeparatorsXX
WWStorage Vessels (Tanks)—Control Level 2XX
XXEthylene Manufacturing Process Units Heat Exchange Systems and Waste OperationsXX
YYGeneric Maximum Achievable Control Technology StandardsXX
ZZ-BBB(Reserved)
CCCSteel Pickling—HCI Process Facilities and Hydrochloric Acid RegenerationXX
DDDMineral Wool ProductionXX
EEEHazardous Waste CombustorsXX
FFF(Reserved)
GGGPharmaceuticals ProductionXX
HHHNatural Gas Transmission and Storage FacilitiesXX
IIIFlexible Polyurethane Foam ProductionXX
JJJGroup IV Polymers and ResinsXX
KKK(Reserved)
LLLPortland Cement ManufacturingXX
MMMPesticide Active Ingredient ProductionXX
NNNWool Fiberglass ManufacturingXX
OOOAmino/Phenolic ResinsXX
PPPPolyether Polyols ProductionXX
QQQPrimary Copper SmeltingXX
RRRSecondary Aluminum ProductionXX
SSS(Reserved)
TTTPrimary Lead SmeltingXX
UUUPetroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery PlantsXX
VVVPublicly Owned Treatment Works (POTW)XX
WWW(Reserved)
XXXFerroalloys Production: Ferromanganese and SilicomanganeseXX
AAAAMunicipal Solid Waste LandfillsXX
CCCCNutritional Yeast ManufacturingXX
DDDDPlywood and Composite Wood ProductsX 5X 5
EEEEOrganic Liquids DistributionXX
FFFFMisc. Organic Chemical Production and Processes (MON)XX
GGGGSolvent Extraction for Vegetable Oil ProductionXX
HHHHWet Formed Fiberglass Mat ProductionXX
IIIIAuto and Light Duty Truck (Surface Coating)XX
JJJJPaper and other Web (Surface Coating)XX
KKKKMetal Can (Surface Coating)XX
MMMMMisc. Metal Parts and Products (Surface Coating)XX
NNNNSurface Coating of Large AppliancesXX
OOOOFabric Printing Coating and DyeingXX
PPPPPlastic Parts (Surface Coating)XX
QQQQSurface Coating of Wood Building ProductsXX
RRRRSurface Coating of Metal FurnitureXX
SSSSSurface Coating for Metal CoilXX
TTTTLeather Finishing OperationsXX
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UUUUCellulose Production ManufactureXX
VVVVBoat ManufacturingXX
WWWWReinforced Plastic Composites ProductionXX
XXXXRubber Tire ManufacturingXX
YYYYCombustion TurbinesXX
ZZZZReciprocating Internal Combustion Engines (RICE)XX
AAAAALime Manufacturing PlantsXX
BBBBBSemiconductor ManufacturingXX
CCCCCCoke Ovens: Pushing, Quenching and Battery StacksXX
DDDDDIndustrial/Commercial/Institutional Boilers and Process HeatersX 6X 6
EEEEEIron FoundriesXX
FFFFFIntegrated Iron and SteelXX
GGGGGSite RemediationXX
HHHHHMiscellaneous Coating ManufacturingXX
IIIIIMercury Cell Chlor-Alkali PlantsXX
JJJJJBrick and Structural Clay Products ManufacturingX 7(7)
KKKKKClay Ceramics ManufacturingX 7(7)
LLLLLAsphalt Roofing and ProcessingXX
MMMMMFlexible Polyurethane Foam Fabrication OperationXX
NNNNNHydrochloric Acid Production, Fumed Silica ProductionXX
OOOOO(Reserved)
PPPPPEngine Test FacilitiesXX
QQQQQFriction Products ManufacturingXX
RRRRRTaconite Iron Ore ProcessingXX
SSSSSRefractory Products ManufactureXX
TTTTTPrimary Magnesium RefiningXX
UUUUUCoal and Oil-Fired Electric Utility Steam Generating UnitsX 8X 8
VVVVV(Reserved)
WWWWWHospital Ethylene Oxide SterilizersXX
XXXXX(Reserved)
YYYYYElectric Arc Furnace Steelmaking Area SourcesXX
ZZZZZIron and Steel Foundries Area SourcesXX
AAAAAA(Reserved)
BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline FacilitiesXX
CCCCCCGasoline Dispensing FacilitiesXX
DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesXX
EEEEEEPrimary Copper Smelting Area SourcesXX
FFFFFFSecondary Copper Smelting Area SourcesXX
GGGGGGPrimary Nonferrous Metals Area Source: Zinc, Cadmium, and BerylliumXX
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesXX
IIIIII(Reserved)
JJJJJJIndustrial, Commercial, and Institutional Boilers Area SourcesXX
KKKKKK(Reserved)
LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesXX
MMMMMMCarbon Black Production Area SourcesXX
NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsXX
OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesXX
PPPPPPLead Acid Battery Manufacturing Area SourcesXX
QQQQQQWood Preserving Area SourcesXX
RRRRRRClay Ceramics Manufacturing Area SourcesXX
SSSSSSGlass Manufacturing Area SourcesXX
TTTTTTSecondary Nonferrous Metals Processing Area SourcesXX
UUUUUU(Reserved)
VVVVVVChemical Manufacturing Area SourcesXX
WWWWWWPlating and Polishing Operations Area SourcesXX
XXXXXXMetal Fabrication and Finishing Area SourcesXX
YYYYYYFerroalloys Production Facilities Area SourcesXX
ZZZZZZAluminum, Copper, and Other Nonferrous Foundries Area SourcesXX
AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing Area SourcesXX
BBBBBBBChemical Preparation Industry Area SourcesXX
CCCCCCCPaints and Allied Products Manufacturing Area SourcesXX
DDDDDDDPrepared Feeds Areas SourcesXX
EEEEEEEGold Mine Ore Processing and Production Area SourcesXX
FFFFFFF—GGGGGGG(Reserved)
HHHHHHHPolyvinyl Chloride and Copolymers Production Major SourcesXX
1 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; § 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.Start Printed Page 46115
2 Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as amended in the Federal Register through January 15, 2017.
3 Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by the EPA, as amended in the Federal Register through September 13, 2013.
4 The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to the EPA by the United States Court of Appeals for the District of Columbia Circuit. See Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is not delegated to NMED or ABCAQCB at this time.
5 This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia Circuit. See 72 FR 61060 (October 29, 2007).
6 Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.
7 Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.
8 Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB has not yet applied for updated delegation of these standards.
* * * * *
End Supplemental Information

Footnotes

1.  Some NESHAP standards do not require a source to obtain a title V permit (e.g., certain area sources that are exempt from the requirement to obtain a title V permit). For these non-title V sources, the EPA believes that the State must assure the EPA that it can implement and enforce the NESHAP for such sources. See 65 FR 55810, 55813 (Sept. 14, 2000).

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2.  This waiver only extends to the submission of copies of notifications and reports; EPA does not waive the requirements in delegated standards that require notifications and reports be submitted to an electronic database (e.g., 40 CFR part 63, subpart HHHHHHH).

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[FR Doc. 2018-19801 Filed 9-11-18; 8:45 am]

BILLING CODE 6560-50-P