[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]


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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.

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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:
    <bullet> www.regulations.gov. Follow the online instructions.
    <bullet> Email: Mr. Rick Barrett at <a href="/cdn-cgi/l/email-protection#1c7e7d6e6e796868326e757f747d6e785c796c7d327b736a"><span class="__cf_email__" data-cfemail="62000310100716164c100b010a031006220712034c050d14">[email protected]</span></a>. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#b7d5d6c5c5d2c3c399c5ded4dfd6c5d3f7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="87e5e6f5f5e2f3f3a9f5eee4efe6f5e3c7e2f7e6a9e0e8f1">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#e89f81849b8786c68981858d8da88d9889c68f879e"><span class="__cf_email__" data-cfemail="8bfce2e7f8e4e5a5eae2e6eeeecbeefbeaa5ece4fd">[email protected]</span></a>.

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.
    <bullet> 40 CFR part 60, subpart AAA (Standards of Performance for 
New Residential Wood Heaters);
    <bullet> 40 CFR part 60, subpart HHHH (Emission Guidelines and 
Compliance Times for Coal-Fired Electric Steam Generating Units);
    <bullet> 40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions from Underground Uranium Mines);
    <bullet> 40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
    <bullet> 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);
    <bullet> 40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
    <bullet> 40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions from Department of Energy facilities);
    <bullet> 40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions from Phosphogypsum Stacks);
    <bullet> 40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions from the Disposal of Uranium Mill Tailings); and
    <bullet> 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


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