Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Environmental Protection Agency 40 CFR Parts 60, 61, and 63
[EPA-R06-OAR-2016-0091; FRL-9982-62—Region 6]
 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.
 FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-7227; email: 
                        *barrett.richard@epa.gov.*


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 
                    ( print page 46108)
                    delegation 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 
                    ( print page 46109)
                    amended 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 
                    ( print page 46110)
                    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; 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 
                    ( print page 46111)
                    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. 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)). 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
 Authority:
                    42 U.S.C. 7401 
                        *et seq* Dated: September 6, 2018. Wren Stenger, Director, Multimedia Division, Region 6.
 40 CFR parts 60, 61, and 63 are amended as follows: PART 60—[AMENDED]
 1.The authority citation for part 60 continues to read as follows: Authority:
                        42 U.S.C. 7401 
                            *et seq.* Subpart A—General Provisions
 2.Section 60.4 is amended by revising paragraphs (b)(33) and (e)(1) to read as follows: § 60.4
  
 (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.
 PART 61—[AMENDED]
 3.The authority citation for part 61 continues to read as follows: Authority:
                        42 U.S.C. 7401 
                            *et seq.* Subpart A—General Provisions
 4.Section 61.04 is amended by revising paragraphs (b)(33) and (c)(6)(iii) to read as follows: § 61.04
  (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]
Subpart
Source category
NMED 1A
General Provisions
XB
Radon Emissions From Underground Uranium MinesC
Beryllium
XD
Beryllium Rocket Motor Firing
XE
Mercury
XF
Vinyl Chloride
XG
(Reserved)H
Emissions of Radionuclides Other Than Radon From Department of Energy Facilities( print page 46112)I
Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart HJ
Equipment Leaks (Fugitive Emission Sources) of Benzene
XK
Radionuclide Emissions From Elemental Phosphorus PlantsL
Benzene Emissions From Coke By-Product Recovery Plants
XM
Asbestos
XN
Inorganic Arsenic Emissions From Glass Manufacturing Plants
XO
Inorganic Arsenic Emissions From Primary Copper Smelters
XP
Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities
XQ
Radon Emissions From Department of Energy FacilitiesR
Radon Emissions From Phosphogypsum StacksS
(Reserved)T
Radon Emissions From the Disposal of Uranium Mill TailingsU
(Reserved)V
Equipment Leaks (Fugitives Emission Sources)
XW
Radon Emissions From Operating Mill TailingsX
(Reserved)Y
Benzene Emissions From Benzene Storage Vessels
XZ-AA
(Reserved)BB
Benzene Emissions From Benzene Transfer Operations
XCC-EE
(Reserved)FF
Benzene Waste Operations
X1
                                 Program delegated to New Mexico Environment Department (NMED).
 PART 63—[AMENDED]
 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
 6.Section 63.99 is amended by revising paragraph (a)(32)(i) to read as follows: § 63.99
  (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]
Subpart
Source category
NMED 
                                    1 2
ABCAQCB 
                                    1 3A
General Provisions
X
XD
Early Reductions
X
XF
Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)
X
XG
HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater
X
XH
HON—Equipment Leaks
X
XI
HON—Certain Processes Negotiated Equipment Leak Regulation
X
XJ
Polyvinyl Chloride and Copolymers Production
(4)
(4)K
(Reserved)L
Coke Oven Batteries
X
XM
Perchloroethylene Dry Cleaning
X
XN
Chromium Electroplating and Chromium Anodizing Tanks
X
XO
Ethylene Oxide Sterilizers
X
XP
(Reserved)Q
Industrial Process Cooling Towers
X
XR
Gasoline Distribution
X
XS
Pulp and Paper Industry
X
XT
Halogenated Solvent Cleaning
X
XU
Group I Polymers and Resins
X
XV
(Reserved)W
Epoxy Resins Production and Non-Nylon Polyamides Production
X
XX
Secondary Lead Smelting
X
XY
Marine Tank Vessel Loading
X
X( print page 46113)Z
(Reserved)AA
Phosphoric Acid Manufacturing Plants
X
XBB
Phosphate Fertilizers Production Plants
X
XCC
Petroleum Refineries
X
XDD
Off-Site Waste and Recovery Operations
X
XEE
Magnetic Tape Manufacturing
X
XFF
(Reserved)GG
Aerospace Manufacturing and Rework Facilities
X
XHH
Oil and Natural Gas Production Facilities
X
XII
Shipbuilding and Ship Repair Facilities
X
XJJ
Wood Furniture Manufacturing Operations
X
XKK
Printing and Publishing Industry
X
XLL
Primary Aluminum Reduction Plants
X
XMM
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills
X
XNN
Wool Fiberglass Manufacturing Area Sources
XOO
Tanks-Level 1
X
XPP
Containers
X
XQQ
Surface Impoundments
X
XRR
Individual Drain Systems
X
XSS
Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
X
XTT
Equipment Leaks—Control Level 1
X
XUU
Equipment Leaks—Control Level 2 Standards
X
XVV
Oil—Water Separators and Organic—Water Separators
X
XWW
Storage Vessels (Tanks)—Control Level 2
X
XXX
Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations
X
XYY
Generic Maximum Achievable Control Technology Standards
X
XZZ-BBB
(Reserved)CCC
Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration
X
XDDD
Mineral Wool Production
X
XEEE
Hazardous Waste Combustors
X
XFFF
(Reserved)GGG
Pharmaceuticals Production
X
XHHH
Natural Gas Transmission and Storage Facilities
X
XIII
Flexible Polyurethane Foam Production
X
XJJJ
Group IV Polymers and Resins
X
XKKK
(Reserved)LLL
Portland Cement Manufacturing
X
XMMM
Pesticide Active Ingredient Production
X
XNNN
Wool Fiberglass Manufacturing
X
XOOO
Amino/Phenolic Resins
X
XPPP
Polyether Polyols Production
X
XQQQ
Primary Copper Smelting
X
XRRR
Secondary Aluminum Production
X
XSSS
(Reserved)TTT
Primary Lead Smelting
X
XUUU
Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants
X
XVVV
Publicly Owned Treatment Works (POTW)
X
XWWW
(Reserved)XXX
Ferroalloys Production: Ferromanganese and Silicomanganese
X
XAAAA
Municipal Solid Waste Landfills
X
XCCCC
Nutritional Yeast Manufacturing
X
XDDDD
Plywood and Composite Wood Products
X 5
X 5EEEE
Organic Liquids Distribution
X
XFFFF
Misc. Organic Chemical Production and Processes (MON)
X
XGGGG
Solvent Extraction for Vegetable Oil Production
X
XHHHH
Wet Formed Fiberglass Mat Production
X
XIIII
Auto and Light Duty Truck (Surface Coating)
X
XJJJJ
Paper and other Web (Surface Coating)
X
XKKKK
Metal Can (Surface Coating)
X
XMMMM
Misc. Metal Parts and Products (Surface Coating)
X
XNNNN
Surface Coating of Large Appliances
X
XOOOO
Fabric Printing Coating and Dyeing
X
XPPPP
Plastic Parts (Surface Coating)
X
XQQQQ
Surface Coating of Wood Building Products
X
XRRRR
Surface Coating of Metal Furniture
X
XSSSS
Surface Coating for Metal Coil
X
XTTTT
Leather Finishing Operations
X
X( print page 46114)UUUU
Cellulose Production Manufacture
X
XVVVV
Boat Manufacturing
X
XWWWW
Reinforced Plastic Composites Production
X
XXXXX
Rubber Tire Manufacturing
X
XYYYY
Combustion Turbines
X
XZZZZ
Reciprocating Internal Combustion Engines (RICE)
X
XAAAAA
Lime Manufacturing Plants
X
XBBBBB
Semiconductor Manufacturing
X
XCCCCC
Coke Ovens: Pushing, Quenching and Battery Stacks
X
XDDDDD
Industrial/Commercial/Institutional Boilers and Process Heaters
X 6
X 6EEEEE
Iron Foundries
X
XFFFFF
Integrated Iron and Steel
X
XGGGGG
Site Remediation
X
XHHHHH
Miscellaneous Coating Manufacturing
X
XIIIII
Mercury Cell Chlor-Alkali Plants
X
XJJJJJ
Brick and Structural Clay Products Manufacturing
X 7
(7)KKKKK
Clay Ceramics Manufacturing
X 7
(7)LLLLL
Asphalt Roofing and Processing
X
XMMMMM
Flexible Polyurethane Foam Fabrication Operation
X
XNNNNN
Hydrochloric Acid Production, Fumed Silica Production
X
XOOOOO
(Reserved)PPPPP
Engine Test Facilities
X
XQQQQQ
Friction Products Manufacturing
X
XRRRRR
Taconite Iron Ore Processing
X
XSSSSS
Refractory Products Manufacture
X
XTTTTT
Primary Magnesium Refining
X
XUUUUU
Coal and Oil-Fired Electric Utility Steam Generating Units
X 8
X 8VVVVV
(Reserved)WWWWW
Hospital Ethylene Oxide Sterilizers
X
XXXXXX
(Reserved)YYYYY
Electric Arc Furnace Steelmaking Area Sources
X
XZZZZZ
Iron and Steel Foundries Area Sources
X
XAAAAAA
(Reserved)BBBBBB
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
X
XCCCCCC
Gasoline Dispensing Facilities
X
XDDDDDD
Polyvinyl Chloride and Copolymers Production Area Sources
X
XEEEEEE
Primary Copper Smelting Area Sources
X
XFFFFFF
Secondary Copper Smelting Area Sources
X
XGGGGGG
Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium
X
XHHHHHH
Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
X
XIIIIII
(Reserved)JJJJJJ
Industrial, Commercial, and Institutional Boilers Area Sources
X
XKKKKKK
(Reserved)LLLLLL
Acrylic and Modacrylic Fibers Production Area Sources
X
XMMMMMM
Carbon Black Production Area Sources
X
XNNNNNN
Chemical Manufacturing Area Sources: Chromium Compounds
X
XOOOOOO
Flexible Polyurethane Foam Production and Fabrication Area Sources
X
XPPPPPP
Lead Acid Battery Manufacturing Area Sources
X
XQQQQQQ
Wood Preserving Area Sources
X
XRRRRRR
Clay Ceramics Manufacturing Area Sources
X
XSSSSSS
Glass Manufacturing Area Sources
X
XTTTTTT
Secondary Nonferrous Metals Processing Area Sources
X
XUUUUUU
(Reserved)VVVVVV
Chemical Manufacturing Area Sources
X
XWWWWWW
Plating and Polishing Operations Area Sources
X
XXXXXXX
Metal Fabrication and Finishing Area Sources
X
XYYYYYY
Ferroalloys Production Facilities Area Sources
X
XZZZZZZ
Aluminum, Copper, and Other Nonferrous Foundries Area Sources
X
XAAAAAAA
Asphalt Processing and Asphalt Roofing Manufacturing Area Sources
X
XBBBBBBB
Chemical Preparation Industry Area Sources
X
XCCCCCCC
Paints and Allied Products Manufacturing Area Sources
X
XDDDDDDD
Prepared Feeds Areas Sources
X
XEEEEEEE
Gold Mine Ore Processing and Production Area Sources
X
XFFFFFFF—GGGGGGG
(Reserved)HHHHHHH
Polyvinyl Chloride and Copolymers Production Major Sources
X
X1
                                 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.
                                ( print 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.


# 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). Back to Citation
 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). Back to Citation


[FR Doc. 2018-19801 Filed 9-11-18; 8:45 am] BILLING CODE 6560-50-P