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 Environmental Protection Agency 40 CFR Parts 60, 61, and 63
[EPA-R06-OAR-2007-1205; FRL9923-05-Region 6]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Direct final rule; delegation of authority.
 SUMMARY: The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) 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 applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.
 DATES: This rule is effective on April 20, 2015 without further notice, unless EPA receives relevant adverse comment by March 23, 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-2007-1205, by one of the following methods: *www.regulations.gov.*
                         Follow the on-line instructions.
                    Email: Mr. Rick Barrett at barrett.richard*@epa.gov.*
                         Please also send a copy by email to the person listed in the 
                        **FOR FURTHER INFORMATION CONTACT**
                         section below.
                    Mail or delivery: Mr. Rick Barrett, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. *Instructions:*
                         Direct your comments to Docket No. EPA-R06-OAR-2007-1205. EPA's policy is that all comments received will be included in the public 
                        ( print page 8800)
                        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 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).
 FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, (214) 665-7227, 
                        *barrett.richard@epa.gov.*
                         To inspect the hard copy materials, please schedule an appointment with Mr. Barrett or Mr. Bill Deese at (214) 665-7253. Table of Contents I. What does this action do? II. What is the authority for delegation? III. What criteria must ABCAQCB's programs meet to be approved? IV. How did ABCAQCB 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 ABCAQCB provide to EPA? X. What is EPA's oversight role? XI. Should sources submit notices to EPA or ABCAQCB? XII. How will unchanged authorities be delegated to ABCAQCB 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 ABCAQCB. EPA is also taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB. With this delegation, ABCAQCB 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. In addition, a state may authorize a local agency to carry out a plan (program) within the local agency's jurisdiction under certain conditions. See 40 CFR 60.26(e). 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 ABCAQCB'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, or in the local agency's jurisdiction as discussed above, and their regulations and resources must be adequate for the implementation and enforcement of the NSPS. EPA initially approved the ABCAQCB program for the delegation of NSPS on December 20, 1989 (54 FR 52031). EPA reviewed the rules and regulations of the ABCAQCB and determined the ABCAQCB's procedures, regulations and resources adequate for the implementation and enforcement of the Federal standards. The NSPS delegation was most recently updated on December 9, 2005 (70 FR 73138). This action notifies the public that EPA is updating ABCAQCB'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 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 Title V operating permits pursuant to the Clean Air Act). IV. How did ABCAQCB meet the approval criteria? As to the NSPS standards in 40 CFR part 60, ABCAQCB adopted the Federal standards via incorporation by reference. The ABCAQCB 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 ABCAQCB developed procedures for implementing and enforcing the NSPS in Bernalillo County, and that ABCAQCB's regulations and resources are adequate for the implementation and enforcement of the Federal standards. See 54 FR 52031 (December 20, 1989). As to the NESHAP standards in 40 CFR parts 61 and 63, as part of its Title V submission ABCAQCB 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 ABCAQCB's Title V operating permits program delegated the authority to implement certain NESHAPs on March 10, 1995 (60 FR 
                        ( print page 8801)
                        13046). On November 26, 1996, EPA promulgated final full approval of the ABCAQCB's operating permits program. (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. ABCAQCB has affirmed that it still meets the up-front approval criteria. V. What is being delegated? By letter dated December 14, 2006, EPA received a request from ABCAQCB to update their NSPS delegation and NESHAPs delegation. With certain exceptions noted in section VI below, ABCAQCB's request included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63, as amended between July 2, 2004 and October 28, 2006. By letter dated January 16, 2009, EPA received a second request from ABCAQCB to update their NSPS delegation and NESHAPs delegation. With certain exceptions noted in section VI below, ABCAQCB's request included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63, as amended between October 29, 2006 and August 1, 2008. By letter dated November 18, 2011, EPA received a third request from ABCAQCB to update their NSPS delegation and NESHAPs delegation. With certain exceptions noted in section VI below, ABCAQCB's request included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63, as amended between August 2, 2008, and August 29, 2011. By letter dated January 15, 2014, EPA received a fourth request from ABCAQCB to update ABCAQCB's NSPS delegation and NESHAPs delegation. With certain exceptions noted in section VI below, ABCAQCB's request included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63, as amended between August 30, 2011, and September 13, 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 for the ABCAQCB should be directed to the EPA Region 6 Office. 40 CFR Part 60, Subpart AAA (Standards of Performance for New Residential Wood Heaters);
                    40 CFR Part 61, Subpart B (National Emission Standards for Radon Emissions from Underground Uranium Mines);
                    40 CFR Part 61, Subpart H (National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities);
                    40 CFR Part 61, Subpart I (National Emission Standards for Radionuclide Emissions from Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H);
                    40 CFR Part 61, Subpart K (National Emission Standards for Radionuclide Emissions from Elemental Phosphorus Plants);
                    40 CFR Part 61, Subpart Q (National Emission Standards for Radon Emissions from Department of Energy facilities);
                    40 CFR Part 61, Subpart R (National Emission Standards for Radon Emissions from Phosphogypsum Stacks);
                    40 CFR Part 61, Subpart T (National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings); and
                    40 CFR Part 61, Subpart W (National Emission Standards for Radon Emissions from Operating Mill Tailings). In addition, EPA cannot delegate to a State or local authority any of the Category II Subpart A 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 63 standards have certain provisions that cannot be delegated to the States. Therefore, any Part 63 standard that EPA is delegating to ABCAQCB 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 ABCAQCB 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 ABCAQCB 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, ABCAQCB 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 54 FR 52031 (December 20, 1989). In approving the NESHAPs delegation, ABCAQCB 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 ABCAQCB some of these authorities, and retaining others, as explained in sections V and VI above. In addition, EPA may review and disapprove determinations by State and local authorities 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 
                        ( print page 8802)
                        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 any State or local agency which we therefore retain. Finally, we retain the authorities stated in the initial notice of delegation of authority. See 54 FR 52031 (December 20, 1989). IX. What information must ABCAQCB provide to EPA? Under 40 CFR 60.4(b), all notifications under NSPS must be sent to both EPA and to ABCAQCB. Please send notifications and reports to Chief, Air/Toxics Inspection and Coordination Branch at the EPA Region 6 office. ABCAQCB 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, ABCAQCB 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 ABCAQCB'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 ABCAQCB made decisions that decreased the stringency of the delegated standards, then ABCAQCB 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. XI. Should sources submit notices to EPA or ABCAQCB? 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 inside the boundaries of Bernalillo County and areas outside of Indian country, directly to the ABCAQCB at the following address: City of Albuquerque, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. The ABCAQCB 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 ABCAQCB, 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 ABCAQCB in the future? In the future, ABCAQCB 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 ABCAQCB. Also, in the future, ABCAQCB will only need to send a letter of request for approval to EPA, Region 6, for those NESHAPs regulations that ABCAQCB 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 ABCAQCB. XIII. Final Action The public was provided the opportunity to comment on the proposed interim approval (60 FR 2570) and direct final interim approval (60 FR 2527) of ABCAQCB's Title V operating permit program, and mechanism for delegation of section 112 standards as they apply to part 70 sources, on January 10, 1995. On March 10, 1995, EPA published an informational notice in the 
                        **Federal Register**
                         informing the public that the direct final interim approval would remain final. (60 FR 13046). In today's action, the public is given the opportunity to comment on the approval of ABCAQCB'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 ABCAQCB's 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 20, 2015 without further notice unless the Agency receives relevant adverse comments by March 23, 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.
                        ( print page 8803) 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 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). 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 20, 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: January 28, 2015. Samuel Coleman, Acting 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
 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 paragraph (e)(3) to read as follows: § 60.4
  
 (e) * * * (3) 
                                *Albuquerque-Bernalillo County Air Quality Control Board.*
                                 The Albuquerque-Bernalillo County Air Quality Control Board has been delegated all part 60 standards promulgated by EPA, except subpart AAA—Standards of Performance for New Residential Wood Heaters, as amended in the 
                                **Federal Register**
                                 through September 13, 2013.
 PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
 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 paragraph (c)(6)(vi) to read as follows: § 61.04
  
 (c) * * * (6) * * * (vi) 
                                *Albuquerque-Bernalillo County, New Mexico.*
                                 The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has been delegated the following part 61 standards promulgated by EPA, as amended in the 
                                **Federal Register**
                                 through September 13, 2013. The (X) symbol is used to indicate each subpart that has been delegated.
                                ( print page 8804) Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for Albuquerque-Bernalillo County Air Quality Control Board
[Excluding Indian Country] 1
Subpart
Source category
ABCAQCBA
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 FacilitiesI
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 Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB).
 PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES
 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 state and local air pollution agencies in New Mexico. 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 September 13, 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 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
X( print page 8805)P
(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
XZ
(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
(Reserved)OO
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
5
                                         X
5
                                         XEEEE
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 & Light Duty Truck (Surface Coating)
X
X( print page 8806)JJJJ
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
XUUUU
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
6
                                         X
6
                                         XEEEEE
Iron and Steel 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
(7
                                        )
(7
                                        )KKKKK
Clay Ceramics Manufacturing
(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
8
                                         X
8
                                         XVVVVV
(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
X( print page 8807)DDDDDDD
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.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 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 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 or ABCAQCB 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).


[FR Doc. 2015-03482 Filed 2-18-15; 8:45 am] BILLING CODE 6560-50-P