[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Rules and Regulations]
[Pages 5475-5483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01190]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, and 63
[EPA-R06-OAR-2007-0488; FRL-9921-77-Region 6]
New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to New Mexico
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule; delegation of authority.
-----------------------------------------------------------------------
SUMMARY: The New Mexico Environment Department (NMED) has submitted
updated regulations for receiving delegation of the Environmental
Protection Agency (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). The delegation of authority under this action
does not apply to sources located in Bernalillo County, New Mexico, or
sources located in Indian Country. EPA is providing notice that it has
approved delegation of certain NSPS to NMED, and taking direct final
action to approve the delegation of certain NESHAPs to NMED.
DATES: This rule is effective on April 3, 2015 without further notice,
unless EPA receives relevant adverse comment by March 4, 2015. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the updated NESHAPs
delegation will not take effect; however, the NSPS delegation will not
be affected by such action.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2007-0488, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Mr. Rick Barrett at [email protected]. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Mail or delivery: Mr. Rick Barrett, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
0488. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information through
http://www.regulations.gov or email, if you believe that it is CBI or
otherwise protected from disclosure. The http://www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you
[[Page 5476]]
provide it in the body of your comment. If you send an email comment
directly to EPA without going through http://www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment along with any disk or CD-ROM submitted. 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. Electronic
files should avoid the use of special characters and any form of
encryption and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at (214) 665-7253.
FOR FURTHER INFORMATION CONTACT: Rick Barrett or Aimee Wilson, U.S.
EPA, Region 6, Multimedia Planning and Permitting Division (6PD), 1445
Ross Avenue, Dallas, TX 75202-2733, telephone (214) 665-7227 or (214)
665-7596; fax number (214) 665-7263; or electronic mail at
[email protected] or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refers to EPA.
Table of Contents
I. What does this action do?
II. What is the authority for delegation?
III. What criteria must New Mexico's programs meet to be approved?
IV. How did NMED meet the approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will applicability determinations be made?
VIII. What authority does EPA have?
IX. What information must NMED provide to EPA?
X. What is EPA's oversight role?
XI. Should sources submit notices to EPA or NMED?
XII. How will unchanged authorities be delegated to NMED in the
future?
XIII. Final Action
XIV. Statutory and Executive Order Reviews
I. What does this action do?
EPA is providing notice that it is delegating authority for
implementation and enforcement of certain NSPS to NMED. EPA is also
taking direct final action to approve the delegation of certain NESHAPs
to NMED. With this delegation, NMED has the primary responsibility to
implement and enforce the delegated standards.
II. 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 an
adequate regulatory program 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.
III. 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. EPA initially approved
New Mexico's program for the delegation of NSPS on June 6, 1986 (51 FR
20648). 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
December 11, 2003 (68 FR 69036). This action notifies the public that
EPA is updating NMED's delegation to implement and enforce certain
additional NSPS.
As to the NESHAP standards in 40 CFR parts 61 and 63, section
112(l)(5) 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 programs or rules under section 112(l).
EPA will approve the State's submittal of a program for
implementation and enforcement of the NESHAPs 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), a State must demonstrate that it meets the approval
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) for part 70 sources (sources required to obtain operating
permits pursuant to Title V of the Clean Air Act).
IV. How did NMED meet the NSPS and NESHAPs 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 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.
EPA's final interim approval of New Mexico's Title V operating permits
program delegated the authority to implement certain NESHAPs, effective
December 19, 1994 (59 FR 59656). On November 26, 1996, 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
[[Page 5477]]
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.
V. What is being delegated?
By letter dated May 2, 2007, EPA received a request from New Mexico
to update NMED's NSPS delegation and NESHAPs delegation. With certain
exceptions noted in section VI below, New Mexico's request included
NSPS in 40 CFR part 60, as amended between September 2, 2002 and
November 30, 2006; NESHAPs in 40 CFR part 61, as amended between
September 2, 2001 and November 30, 2006; and NESHAPs in 40 CFR part 63,
as amended between September 2, 2002 and November 30, 2006.
By letter dated August 27, 2009, EPA received a second request from
New Mexico to update NMED's NSPS delegation and NESHAPs delegation.
With certain exceptions noted in section VI below, New Mexico's request
included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63,
as amended between December 1, 2006 and January 31, 2009.
By letter dated August 31, 2011, EPA received a third request from
New Mexico to update NMED's NSPS delegation and NESHAPs delegation.
With certain exceptions noted in section VI below, New Mexico's request
included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63,
as amended between February 1, 2009 and December 31, 2010.
By letter dated December 16, 2013, EPA received a fourth request
from New Mexico to update NMED's NSPS delegation and NESHAPs
delegation. With certain exceptions noted in section VI below, New
Mexico's request included NSPS in 40 CFR part 60, as amended between
January 1, 2011, and September 23, 2013; and NESHAPs in 40 CFR part 63,
as amended between January 1, 2011 and August 29, 2013.
VI. What is not being delegated?
The following part 60, 61 and 63 authorities listed below are not
delegated. All of the 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.
40 CFR part 60, subpart AAA (Standards of Performance for
New Residential Wood Heaters);
40 CFR part 60, subpart HHHH (Emission Guidelines and
Compliance Times for Coal-Fired Electric Steam Generating Units);
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. Also, some Part 63 standards have certain
provisions that cannot be delegated to the States. Therefore, any Part
63 standard that EPA is delegating to NMED 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.
In addition, this delegation to NMED 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 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.
VII. How will applicability determinations be made?
In approving the NSPS delegation, NMED will obtain concurrence from
EPA on any matter involving the interpretation of section 111 of the
CAA or 40 CFR part 60 to the extent that application, implementation,
administration, 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 NESHAPs delegation, NMED will obtain concurrence
from EPA on any matter involving the interpretation of section 112 of
the CAA or 40 CFR parts 61 and 63 to the extent that application,
implementation, administration, or enforcement of these provisions have
not been covered by prior EPA determinations or guidance.
VIII. What authority does 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), to
enforce any applicable emission standard or requirement under section
112. EPA also has the authority to make certain decisions under the
General Provisions (subpart A) of part 63. We are granting NMED some of
these authorities, and retaining others, as explained in sections V and
VI above. In addition, EPA may review and disapprove State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000, as amended at 70
FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. 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
[[Page 5478]]
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).
IX. What information must NMED provide to EPA?
Under 40 CFR 60.4(b), all notifications under NSPS must be sent to
both EPA and to NMED. Please send notifications and reports to Chief,
Air/Toxics Inspection and Coordination Branch at the EPA Region 6
office.
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. For 40 CFR parts 61 and 63 standards, these determinations
include: Section 63.1, Applicability Determinations; Section 63.6(e),
Operation and Maintenance Requirements--Responsibility for Determining
Compliance; Section 63.6(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; Section 63.7(a)(4),
Extension of Performance Test Deadline.
X. What is EPA's oversight role?
EPA must oversee 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, 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. See 51 FR 20648 (June 6, 1986).
XI. Should sources submit notices to EPA or NMED?
All of the information required pursuant to the Federal NSPS and
NESHAPs (40 CFR parts 60, 61 and 63) should be submitted by sources
located outside the boundaries of Bernalillo County and areas outside
of Indian country, 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 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 NMED, in
accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii). Also, see 51
FR 20648 (June 6, 1986). For those standards that are not delegated,
sources must continue to submit all appropriate information to EPA.
XII. 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. 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 NESHAPs
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.
XIII. 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, May 19, 1994, for the
proposed interim approval of NMED's Title V operating permits program;
and on November 26, 1996, for the proposed final approval of NMED's
Title V operating permits program. In EPA's final full approval of New
Mexico's Operating Permits Program on November 26, 1996, the EPA
discussed the public comments on the proposed final delegation of the
Title V operating permits program. In today's action, the public is
given the opportunity to comment on the approval of NMED's 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 New Mexico'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 NESHAPs delegation of authority described in
this action if adverse comments are received. This action will be
effective April 3, 2015 without further notice unless the Agency
receives relevant adverse comments by March 4, 2015.
If EPA receives relevant adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect with respect to the updated NESHAPs delegation. 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 relevant 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 a relevant adverse
comment.
XIV. 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
[[Page 5479]]
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
(Pub. L. 104-4).
The delegation is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In addition, this rule does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the delegation is not approved to apply in
Indian country located in the State, and the EPA notes that it will not
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 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 April 3, 2015. 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)).
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, Mercury, Intergovernmental relations, 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.
Dated: December 19, 2014.
Ron Curry,
Regional Administrator, Region 6.
For the reasons stated in the preamble, 40 CFR parts 60, 61, and 63
are amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
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)(GG) introductory
text, and revising paragraph (e)(1) to read as follows:
Sec. 60.4 Address.
* * * * *
(b) * * *
(GG) 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 EPA, except subpart
AAA--Standards of Performance for New Residential Wood Heaters; and
subpart HHHH--Emission Guidelines and Compliance Times for Coal-Fired
Electric Steam Generating Units, as amended in the Federal Register
through September 23, 2013.
* * * * *
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
0
3. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
4. Section 61.04 is amended by revising paragraphs (b)(GG) introductory
text and (c)(6)(iii) to read as follows:
Sec. 61.04 Address.
(b) * * *
(GG) State of New Mexico: New Mexico Environment Department, P.O.
Box 5469, Santa Fe, New Mexico
[[Page 5480]]
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 EPA, as
amended in the Federal Register through December 31, 2010. The (X)
symbol is used to indicate each subpart that has been delegated.
Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for New
Mexico
[Excluding Bernalillo County and Indian Country]
----------------------------------------------------------------------------------------------------------------
Subpart Source category NMED \1\
----------------------------------------------------------------------------------------------------------------
A............................................. General Provisions............................. X
B............................................. Radon Emissions From Underground Uranium Mines. ...............
C............................................. Beryllium...................................... X
D............................................. Beryllium Rocket Motor Firing.................. X
E............................................. Mercury........................................ X
F............................................. Vinyl Chloride................................. X
G............................................. (Reserved)..................................... ...............
H............................................. Emissions of Radionuclides Other Than Radon ...............
From Department of Energy Facilities.
I............................................. Radionuclide Emissions From Federal Facilities ...............
Other Than Nuclear Regulatory Commission
Licensees and Not Covered by Subpart H.
J............................................. Equipment Leaks (Fugitive Emission Sources) of X
Benzene.
K............................................. Radionuclide Emissions From Elemental ...............
Phosphorus Plants.
L............................................. Benzene Emissions From Coke By-Product Recovery X
Plants.
M............................................. Asbestos....................................... X
N............................................. Inorganic Arsenic Emissions From Glass X
Manufacturing Plants.
O............................................. Inorganic Arsenic Emissions From Primary Copper X
Smelters.
P............................................. Inorganic Arsenic Emissions From Arsenic X
Trioxide and Metallic Arsenic Production
Facilities.
Q............................................. Radon Emissions From Department of Energy ...............
Facilities.
R............................................. Radon Emissions From Phosphogypsum Stacks...... ...............
S............................................. (Reserved)..................................... ...............
T............................................. Radon Emissions From the Disposal of Uranium ...............
Mill Tailings.
U............................................. (Reserved)..................................... ...............
V............................................. Equipment Leaks (Fugitives Emission Sources)... X
W............................................. Radon Emissions From Operating Mill Tailings... ...............
X............................................. (Reserved)..................................... ...............
Y............................................. Benzene Emissions From Benzene Storage Vessels. X
Z-AA.......................................... (Reserved)..................................... ...............
BB............................................ Benzene Emissions From Benzene Transfer X
Operations.
CC-EE......................................... (Reserved)..................................... ...............
FF............................................ Benzene Waste Operations....................... X
----------------------------------------------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).
* * * * *
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
5. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
6. Section 63.99 is amended by revising paragraph (a)(32)(i) to read as
follows:
Sec. 63.99 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, 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 August 29, 2013, are not
delegated.
Delegation Status for Part 63 Standards--State of New Mexico
[Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
Subpart Source category NMED \1\ \2\ ABCAQCB \1\ \3\
----------------------------------------------------------------------------------------------------------------
A.................................... General Provisions..................... X X
D.................................... Early Reductions....................... X X
F.................................... Hazardous Organic NESHAP (HON)-- X X
Synthetic Organic Chemical
Manufacturing Industry (SOCMI).
G.................................... HON--SOCMI Process Vents, Storage X X
Vessels, Transfer Operations and
Wastewater.
H.................................... HON--Equipment Leaks................... X X
[[Page 5481]]
I.................................... HON--Certain Processes Negotiated X X
Equipment Leak Regulation.
J.................................... Polyvinyl Chloride and Copolymers (\4\) (\4\)
Production.
K.................................... (Reserved)............................. ............... ...............
L.................................... Coke Oven Batteries.................... X X
M.................................... Perchloroethylene Dry Cleaning......... X X
N.................................... Chromium Electroplating and Chromium X X
Anodizing Tanks.
O.................................... Ethylene Oxide Sterilizers............. X X
P.................................... (Reserved)............................. ............... ...............
Q.................................... Industrial Process Cooling Towers...... X X
R.................................... Gasoline Distribution.................. X X
S.................................... Pulp and Paper Industry................ X X
T.................................... Halogenated Solvent Cleaning........... X X
U.................................... Group I Polymers and Resins............ X X
V.................................... (Reserved)............................. ............... ...............
W.................................... Epoxy Resins Production and Non-Nylon X X
Polyamides Production.
X.................................... Secondary Lead Smelting................ X X
Y.................................... Marine Tank Vessel Loading............. X X
Z.................................... (Reserved)............................. ............... ...............
AA................................... Phosphoric Acid Manufacturing Plants... X X
BB................................... Phosphate Fertilizers Production Plants X X
CC................................... Petroleum Refineries................... X X
DD................................... Off-Site Waste and Recovery Operations. X X
EE................................... Magnetic Tape Manufacturing............ X X
FF................................... (Reserved)............................. ............... ...............
GG................................... Aerospace Manufacturing and Rework X X
Facilities.
HH................................... Oil and Natural Gas Production X X
Facilities.
II................................... Shipbuilding and Ship Repair Facilities X X
JJ................................... Wood Furniture Manufacturing Operations X X
KK................................... Printing and Publishing Industry....... X X
LL................................... Primary Aluminum Reduction Plants...... X X
MM................................... Chemical Recovery Combustion Sources at X X
Kraft, Soda, Sulfide, and Stand-Alone
Semichemical Pulp Mills.
NN................................... (Reserved)............................. ............... ...............
OO................................... Tanks-Level 1.......................... X X
PP................................... Containers............................. X X
QQ................................... Surface Impoundments................... X X
RR................................... Individual Drain Systems............... X X
SS................................... Closed Vent Systems, Control Devices, X X
Recovery Devices and Routing to a Fuel
Gas System or a Process.
TT................................... Equipment Leaks--Control Level 1....... X X
UU................................... Equipment Leaks--Control Level 2 X X
Standards.
VV................................... Oil-Water Separators and Organic-Water X X
Separators.
WW................................... Storage Vessels (Tanks)--Control Level X X
2.
XX................................... Ethylene Manufacturing Process Units X ...............
Heat Exchange Systems and Waste
Operations.
YY................................... Generic Maximum Achievable Control X X
Technology Standards.
ZZ-BBB............................... (Reserved)............................. ............... ...............
CCC.................................. Steel Pickling--HCI Process Facilities X X
and Hydrochloric Acid Regeneration.
DDD.................................. Mineral Wool Production................ X X
EEE.................................. Hazardous Waste Combustors............. X X
FFF.................................. (Reserved)............................. ............... ...............
GGG.................................. Pharmaceuticals Production............. X X
HHH.................................. Natural Gas Transmission and Storage X X
Facilities.
III.................................. Flexible Polyurethane Foam Production.. X X
JJJ.................................. Group IV Polymers and Resins........... X X
KKK.................................. (Reserved)............................. ............... ...............
LLL.................................. Portland Cement Manufacturing.......... X X
MMM.................................. Pesticide Active Ingredient Production. X X
NNN.................................. Wool Fiberglass Manufacturing.......... X X
OOO.................................. Amino/Phenolic Resins.................. X X
PPP.................................. Polyether Polyols Production........... X X
QQQ.................................. Primary Copper Smelting................ X X
RRR.................................. Secondary Aluminum Production.......... X X
SSS.................................. (Reserved)............................. ............... ...............
TTT.................................. Primary Lead Smelting.................. X X
UUU.................................. Petroleum Refineries--Catalytic X X
Cracking Units, Catalytic Reforming
Units and Sulfur Recovery Plants.
VVV.................................. Publicly Owned Treatment Works (POTW).. X X
WWW.................................. (Reserved)............................. ............... ...............
XXX.................................. Ferroalloys Production: Ferromanganese X X
and Silicomanganese.
AAAA................................. Municipal Solid Waste Landfills........ X X
[[Page 5482]]
CCCC................................. Nutritional Yeast Manufacturing........ X X
DDDD................................. Plywood and Composite Wood Products.... \5\ X ...............
EEEE................................. Organic Liquids Distribution........... X X
FFFF................................. Misc. Organic Chemical Production and X ...............
Processes (MON).
GGGG................................. Solvent Extraction for Vegetable Oil X X
Production.
HHHH................................. Wet Formed Fiberglass Mat Production... X X
IIII................................. Auto & Light Duty Truck (Surface X ...............
Coating).
JJJJ................................. Paper and other Web (Surface Coating).. X X
KKKK................................. Metal Can (Surface Coating)............ X X
MMMM................................. Misc. Metal Parts and Products (Surface X ...............
Coating).
NNNN................................. Surface Coating of Large Appliances.... X X
OOOO................................. Fabric Printing Coating and Dyeing..... X X
PPPP................................. Plastic Parts (Surface Coating)........ X X
QQQQ................................. Surface Coating of Wood Building X X
Products.
RRRR................................. Surface Coating of Metal Furniture..... X X
SSSS................................. Surface Coating for Metal Coil......... X X
TTTT................................. Leather Finishing Operations........... X X
UUUU................................. Cellulose Production Manufacture....... X X
VVVV................................. Boat Manufacturing..................... X X
WWWW................................. Reinforced Plastic Composites X X
Production.
XXXX................................. Rubber Tire Manufacturing.............. X X
YYYY................................. Combustion Turbines.................... X X
ZZZZ................................. Reciprocating Internal Combustion X ...............
Engines (RICE).
AAAAA................................ Lime Manufacturing Plants.............. X X
BBBBB................................ Semiconductor Manufacturing............ X X
CCCCC................................ Coke Ovens: Pushing, Quenching and X X
Battery Stacks.
DDDDD................................ Industrial/Commercial/Institutional \6\ X ...............
Boilers and Process Heaters.
EEEEE................................ Iron Foundries......................... X X
FFFFF................................ Integrated Iron and Steel.............. X X
GGGGG................................ Site Remediation....................... X X
HHHHH................................ Miscellaneous Coating Manufacturing.... X X
IIIII................................ Mercury Cell Chlor-Alkali Plants....... X X
JJJJJ................................ Brick and Structural Clay Products (\7\) X
Manufacturing.
KKKKK................................ Clay Ceramics Manufacturing............ (\7\) X
LLLLL................................ Asphalt Roofing and Processing......... X X
MMMMM................................ Flexible Polyurethane Foam Fabrication X X
Operation.
NNNNN................................ Hydrochloric Acid Production, Fumed X X
Silica Production.
OOOOO................................ (Reserved)............................. ............... ...............
PPPPP................................ Engine Test Facilities................. X X
QQQQQ................................ Friction Products Manufacturing........ X X
RRRRR................................ Taconite Iron Ore Processing........... X X
SSSSS................................ Refractory Products Manufacture........ X X
TTTTT................................ Primary Magnesium Refining............. X X
UUUUU................................ Coal and Oil-Fired Electric Utility \8\ X ...............
Steam Generating Units.
VVVVV................................ (Reserved)............................. ............... ...............
WWWWW................................ Hospital Ethylene Oxide Sterilizers.... X ...............
XXXXX................................ (Reserved)............................. ............... ...............
YYYYY................................ Electric Arc Furnace Steelmaking Area X ...............
Sources.
ZZZZZ................................ Iron and Steel Foundries Area Sources.. X ...............
AAAAAA............................... (Reserved)............................. ............... ...............
BBBBBB............................... Gasoline Distribution Bulk Terminals, X ...............
Bulk Plants, and Pipeline Facilities.
CCCCCC............................... Gasoline Dispensing Facilities......... X ...............
DDDDDD............................... Polyvinyl Chloride and Copolymers X ...............
Production Area Sources.
EEEEEE............................... Primary Copper Smelting Area Sources... X ...............
FFFFFF............................... Secondary Copper Smelting Area Sources. X ...............
GGGGGG............................... Primary Nonferrous Metals Area Source: X ...............
Zinc, Cadmium, and Beryllium.
HHHHHH............................... Paint Stripping and Miscellaneous X ...............
Surface Coating Operations at Area
Sources.
IIIIII............................... (Reserved)............................. ............... ...............
JJJJJJ............................... Industrial, Commercial, and X ...............
Institutional Boilers Area Sources.
KKKKKK............................... (Reserved)............................. ............... ...............
LLLLLL............................... Acrylic and Modacrylic Fibers X ...............
Production Area Sources.
MMMMMM............................... Carbon Black Production Area Sources... X ...............
NNNNNN............................... Chemical Manufacturing Area Sources: X ...............
Chromium Compounds.
OOOOOO............................... Flexible Polyurethane Foam Production X ...............
and Fabrication Area Sources.
PPPPPP............................... Lead Acid Battery Manufacturing Area X ...............
Sources.
QQQQQQ............................... Wood Preserving Area Sources........... X ...............
RRRRRR............................... Clay Ceramics Manufacturing Area X ...............
Sources.
SSSSSS............................... Glass Manufacturing Area Sources....... X ...............
TTTTTT............................... Secondary Nonferrous Metals Processing X ...............
Area Sources.
UUUUUU............................... (Reserved)............................. ............... ...............
VVVVVV............................... Chemical Manufacturing Area Sources.... X ...............
[[Page 5483]]
WWWWWW............................... Plating and Polishing Operations Area X ...............
Sources.
XXXXXX............................... Metal Fabrication and Finishing Area X ...............
Sources.
YYYYYY............................... Ferroalloys Production Facilities Area X ...............
Sources.
ZZZZZZ............................... Aluminum, Copper, and Other Nonferrous X ...............
Foundries Area Sources.
AAAAAAA.............................. Asphalt Processing and Asphalt Roofing X ...............
Manufacturing Area Sources.
BBBBBBB.............................. Chemical Preparation Industry Area X ...............
Sources.
CCCCCCC.............................. Paints and Allied Products X ...............
Manufacturing Area Sources.
DDDDDDD.............................. Prepared Feeds Areas Sources........... X ...............
EEEEEEE.............................. Gold Mine Ore Processing and Production X ...............
Area Sources.
FFFFFFF--GGGGGGG..................... (Reserved)............................. ............... ...............
HHHHHHH.............................. Polyvinyl Chloride and Copolymers X ...............
Production Major Sources.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended
in the Federal Register through August 29, 2013.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
promulgated by EPA, as amended in the Federal Register through July 1, 2004.
\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 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 DC Court's holding this subpart is not
delegated to NMED or ABCAQCB at this time.
\5\ This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of
Appeals for the District of Columbia Circuit.
\6\ Final rule. See 78 FR 7138 (January 31, 2013).
\7\ This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of
Columbia Circuit on March 13, 2007. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the DC
Court's holding this subpart is not delegated to NMED at this time.
\8\ Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues
on April 24, 2013 (78 FR 24073). Portions of this subpart are in proposed reconsideration pending final action
on June 25, 2013 (78 FR 38001, 2013).
* * * * *
[FR Doc. 2015-01190 Filed 1-30-15; 8:45 am]
BILLING CODE 6560-50-P