

[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Rules and Regulations]               
[Page 73138-73148]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de05-11]                         


[[Page 73138]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[R06-OAR-2005-NM-0005; FRL-8006-2]

 
New Source Performance Standards and National Emission Standards 
for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-
Bernalillo County Air Quality Control Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The Albuquerque-Bernalillo County Air Quality Control Board 
(ABCAQCB) has submitted updated regulations for receiving delegation of 
EPA authority for implementation and enforcement of New Source 
Performance Standards (NSPS) and National Emission Standards for 
Hazardous Air Pollutants (NESHAPs) for all sources. These regulations 
apply to certain NSPS promulgated by EPA, as amended through July 1, 
2004, and certain NESHAPs promulgated by EPA, as amended through July 
1, 2004. The delegation of authority under this notice 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 
has approved 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 February 7, 2006 without further 
notice, unless EPA receives relevant adverse comment by January 9, 
2006. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Regional Materials in 
EDocket (RME) ID No. R06-OAR-2005-NM-0005, by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/, Regional 

Materials in EDocket (RME), EPA's electronic public docket and comment 
system, is EPA's preferred method for receiving comments. Once in the 
system, select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm.
 Please click on ``6PD'' (Multimedia) and select 

``Air'' before submitting comments.
     E-mail: Jeff Robinson at robinson.jeffrey@epa.gov.
     Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at 
fax number 214-665-7263.
     Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
     Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Regional Materials in EDocket 
(RME) ID No. R06-OAR-2005-NM-0005. EPA's policy is that all comments 
received will be included in the public file without change, change and 
may be made available online at http://docket.epa.gov/rmepub/, 

including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information the disclosure of which is restricted by 
statute. Do not submit information through Regional Material in EDocket 
(RME), regulations.gov, or e-mail if you believe that it is CBI or 
otherwise protected from disclosure. The EPA RME Web site and the 
Federal regulations.gov are ``anonymous access'' systems, 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 e-mail comment 
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the 
comment that is placed in the public file 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 and with any disk or CD-ROM you submit. 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, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Materials in EDocket (RME) index at http://docket.epa.gov/rmepub/.
 Although listed in the index, some information is not publicly 

available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in the official file which is 
available at the Air Permitting Section (6PD-R), Environmental 
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. The file will be made available by appointment for public 
inspection in the Region 6 FOIA Review Room between the hours of 8:30 
a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the 
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to 
make an appointment. If possible, please make the appointment at least 
two working days in advance of your visit. There will be a 15 cent per 
page fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The delegation request is also available for public inspection at 
the State Air Agency listed below during official business hours by 
appointment:
    City of Albuquerque, Environmental Health Department, Air Quality 
Division, 11850 Sunset Gardens SW., Albuquerque, New Mexico 87121.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U.S. EPA, Region 6, 
Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue, 
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number 214-665-
7263; or electronic mail at robinson.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. General Information
II. What Does This Action Do?
III. What Is The Authority for Delegation?
IV. What Criteria Must ABCAQCB's Program Meet To Be Approved?
V. How Did ABCAQCB Meet the Approved Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be 
Made?
IX. What Authority Does EPA Have?
X. What Information Must ABCAQCB Provide to EPA?
XI. What Is EPA's Oversight of This Delegation to ABCAQCB?

[[Page 73139]]

XII. Should Sources Submit Notices to EPA or ABCAQCB?
XIII. How Will Unchanged Authorities Be Delegated to ABCAQCB in the 
Future?
XIV. What Is The Relationship Between RCRA and the Hazardous Waste 
Combustor MACT?
XV. Final Action
XVI. Statutory and Executive Order Reviews

I. General Information

A. Tips for Preparing Your Comments

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

B. Submitting Confidential Business Information (CBI)

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark the part or all of the information that you claim to 
be CBI. For CBI information in a disk or CD ROM that you mail to EPA, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

II. What Does This Notice 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. The 
notice also consolidates the table which specifies the part 63 
delegations in New Mexico to the New Mexico Environment Department 
(NMED) and ABCAQCB. The subpart delegations previously made to the NMED 
on February 9, 2004, are not open to public comment. 68 FR 69036 
(December 11, 2003). See Section VI, below, for a complete discussion 
of which standards are being delegated and which are not being 
delegated.

III. 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 
adequate regulatory procedures 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.

IV. What Criteria Must ABCAQCB's Program Meet To Be Approved?

    This notice notifies the public that EPA is updating ABCAQCB's 
delegation to implement and enforce certain NSPS. EPA previously 
approved ABCAQCB's program for the delegation of NSPS. 54 FR 52031 
(December 20, 1989), 57 FR 48563 (October 27, 1992), and 60 FR 52329 
(October 6, 1995). As to the NESHAP standards in Parts 61 and 63, 
Section 112(l) of the CAA enables EPA to approve State and local air 
pollution agencies 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 rules or programs under 
Section 112(l).

A. NSPS Criteria

    EPA will approve an air toxics program if we find that:
    (1) The State program or local air pollution agency is ``no less 
stringent'' than the corresponding Federal program or rule;
    (2) The State or local air pollution agency has adequate authority 
and resources to implement and enforce the program;
    (3) The schedule for implementation and compliance is sufficiently 
expeditious; and
    (4) The program otherwise complies with Federal guidance.

B. NESHAP Criteria

    In order to obtain approval of its program to implement and enforce 
Federal section 112 rules as promulgated without changes (straight 
delegation), only the criteria of 40 CFR 63.91(d) must be met in 
addition to the requirements listed above as NSPS criteria. Section 
63.91(d)(3) provides that interim or final Title V program approval 
will satisfy the criteria of Sec.  63.91(d) for Part 70 sources. EPA 
previously approved ABCAQCB's program for the delegation of NESHAPS in 
40 CFR part 61. 54 FR 52031 (December 20, 1989), 57 FR 48563 (October 
27, 1992), and 60 FR 52329 (October 6, 1995).

V. How Did ABCAQCB Meet the Approval Criteria?

A. NSPS Criteria

    ABCAQCB adopted the Federal requirements via incorporation by 
reference. As a result, the minimum requirement of CAA Section 111, 
that their standard is at least as stringent as EPA's rules, has been 
met. ABCAQCB demonstrated the remaining criteria when EPA previously 
approved ABCAQCB's program for the delegation of NSPS. 54 FR 52031 
(December 20, 1989), 57 FR 48563 (October 27, 1992), and 60 FR 52329 
(October 6, 1995).

B. NESHAP Criteria

    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 into its regulations. This applied to both existing 
and future standards as they applied to Part 70 sources. 60 FR 2527-
2534 (January 10, 1995), EPA approved ABCAQCB's program for receiving 
delegation of existing and future standards when it granted final 
interim approval to ABCAQCB's Title V program. 60 FR 2527-2534 (January 
10, 1995), 60 FR 13046-13047 (March 10, 1995). In addition, on November 
26, 1996, EPA promulgated full approval of Albuquerque-Bernalillo 
County's operating permits program. 61 FR 60032. Under 40 CFR 
63.91(d)(2), once a state or local air pollution agency has satisfied 
up-front approval criteria, it needs only to reference the previous 
demonstration and reaffirm that it still

[[Page 73140]]

meets the criteria for any subsequent submittals. ABCAQCB has affirmed 
that it still meets the up-front approval criteria.

VI. What Is Being Delegated?

    EPA received a request to update the NSPS and NESHAP delegations on 
April 11, 2005. ABCAQCB requested the EPA to update the delegation of 
authority for the following:
    A. NSPS (40 CFR Part 60 standards) through July 1, 2004;
    B. NESHAPs (40 CFR Part 61 standards) through July 1, 2004; and
    C. NESHAPs (40 CFR Part 63 standards) through July 1, 2004.
    ABCAQCB's request was for delegation of certain NSPS and NESHAP for 
all sources (both Part 70 and non-Part 70 sources). The request 
includes revisions of 20.11.63 NMAC, 20.11.64 NMAC, as adopted by the 
Albuquerque-Bernalillo County Air Quality Control Board. For NSPS, this 
revision incorporated all NSPS promulgated by EPA (except Subpart AAA--
Standards of Performance for New Residential Wood Heaters, Subpart 
WWW--Standards of Performance for Muncipal Solid Waste Landfills, and 
Subpart Cc--Emission Guidelines and Compliance Times for Municipal 
Solid Waste Landfills) as amended in the Federal Register through July 
1, 2004. The effective date of the Federal delegation for NSPS under 
Section 111 is the date that this Federal Register is published. For 
the Part 61 NESHAPs, this revision included all NESHAPs promulgated by 
EPA as amended in the Federal Register through July 1, 2004, excluding 
Subparts B, H, I, K, Q, R, T, and W. For the Part 63 NESHAPs, the 
request includes the NESHAPs set forth in Table 1 below. The effective 
date of the Federal delegation for Parts 61 and 63 standards is the 
effective date of this rule.

   Table 1.--40 CFR Part 63 NESHAPs for Source Categories Delegated to
                                 ABCAQCB
------------------------------------------------------------------------
           Subpart                          Source category
------------------------------------------------------------------------
A...........................  General Provisions.
D...........................  Early Reductions.
F...........................  Hazardous Organic NESHAP (HON)--Synthetic
                               Organic Chemical Manufacturing Industry
                               (SOCMI).
G...........................  HON--SOCMI Process Vents, Storage Vessels,
                               Transfer Operations and Wastewater.
H...........................  HON--Equipment Leaks.
I...........................  HON--Certain Processes Negotiated
                               Equipment Leak Regulation.
J...........................  Polyvinyl Chloride and Copolymers
                               Production.
L...........................  Coke Oven Batteries.
M...........................  Perchloroethylene Dry Cleaning.
N...........................  Chromium Electroplating and Chromium
                               Anodizing Tanks.
O...........................  Ethylene Oxide Sterilizers.
Q...........................  Industrial Process Cooling Towers.
R...........................  Gasoline Distribution.
S...........................  Pulp and Paper Industry.
T...........................  Halogenated Solvent Cleaning.
U...........................  Group I Polymers and Resins.
W...........................  Epoxy Resins Production and Non-Nylon
                               Polyamides Production.
X...........................  Secondary Lead Smelting.
Y...........................  Marine Tank Vessel Loading.
AA..........................  Phosphoric Acid Manufacturing Plants.
BB..........................  Phosphate Fertilizers Production Plants.
CC..........................  Petroleum Refineries.
DD..........................  Off-Site Waste and Recovery Operations.
EE..........................  Magnetic Tape Manufacturing.
GG..........................  Aerospace Manufacturing and Rework
                               Facilities.
HH..........................  Oil and Natural Gas Production Facilities.
II..........................  Shipbuilding and Ship Repair Facilities.
JJ..........................  Wood Furniture Manufacturing Operations.
KK..........................  Printing and Publishing Industry.
LL..........................  Primary Aluminum Reduction Plants.
MM..........................  Chemical Recovery Combustion Sources at
                               Kraft, Soda, Sulfide, and Stand-Alone
                               Semichemical Pulp Mills.
OO..........................  Tanks--Level 1.
PP..........................  Containers.
QQ..........................  Surface Impoundments.
RR..........................  Individual Drain Systems.
SS..........................  Closed Vent Systems, Control Devices,
                               Recovery Devices and Routing to a Fuel
                               Gas System or a Process.
TT..........................  Equipment Leaks--Control Level 1.
UU..........................  Equipment Leaks--Control Level 2
                               Standards.
VV..........................  Oil-Water Separators and Organic-Water
                               Separators.
WW..........................  Storage Vessels (Tanks)--Control Level 2.
YY..........................  Generic Maximum Achievable Control
                               Technology Standards.
CCC.........................  Steel Pickling--HCl Process Facilities and
                               Hydrochloric Acid Regeneration Plants.
DDD.........................  Mineral Wool Production.
EEE.........................  Hazardous Waste Combustors.
GGG.........................  Pharmaceuticals Production.
HHH.........................  Natural Gas Transmission and Storage
                               Facilities.
III.........................  Flexible Polyurethane Foam Production.
JJJ.........................  Group IV Polymers and Resins.
LLL.........................  Portland Cement Manufacturing.
MMM.........................  Pesticide Active Ingredient Production.
NNN.........................  Wool Fiberglass Manufacturing.
OOO.........................  Amino/Phenolic Resins.
PPP.........................  Polyether Polyols Production.

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QQQ.........................  Primary Copper Smelting.
RRR.........................  Secondary Aluminum Production.
TTT.........................  Primary Lead Smelting.
UUU.........................  Petroleum Refineries--Catalytic Cracking
                               Units, Catalytic Reforming Units and
                               Sulfur Recovery Plants.
VVV.........................  Publicly Owned Treatment Works (POTW).
XXX.........................  Ferroalloys Production: Ferromanganese and
                               Silicomanganese.
AAAA........................  Municipal Solid Waste Landfills.
CCCC........................  Nutritional Yeast Manufacturing.
EEEE........................  Organic Liquid Distribution.
FFFF........................  Miscellaneous Organic Chemical
                               Manufacturing.
GGGG........................  Solvent Extraction for Vegetable Oil
                               Production.
HHHH........................  Wet Formed Fiberglass Mat Production.
IIII........................  Auto & Light Duty Truck.
JJJJ........................  Paper & Other Web Coating.
KKKK........................  Surface Coating of Metal Cans.
MMMM........................  Surface Coating of Miscellaneous Metal
                               Parts and Products.
NNNN........................  Surface Coating of Large Appliances.
OOOO........................  Printing, Coating, and Dyeing of Fabrics
                               and Other Textiles.
PPPP........................  Plastic Parts.
QQQQ........................  Surface Coating of Wood Building Products.
RRRR........................  Surface Coating of Metal Furniture.
SSSS........................  Surface Coating of Metal Coil.
TTTT........................  Leather Finishing Operations.
UUUU........................  Cellulose Production Manufacture.
VVVV........................  Boat Manufacturing.
Whttp://WWW........................  Reinforced Plastic Composites Production.

XXXX........................  Tire Manufacturing.
YYYY........................  Stationary Combustion Turbines.
ZZZZ........................  Reciprocating Internal Combustion Engines.
AAAAA.......................  Lime Manufacturing Plants.
BBBBB.......................  Semiconductor Manufacturing.
CCCCC.......................  Coke Ovens: Pushing, Quenching and Battery
                               Stacks.
EEEEE.......................  Iron and Steel Foundries.
FFFFF.......................  Integrated Iron and Steel.
GGGGG.......................  Site Remediation.
HHHHH.......................  Miscellaneous Coating Manufacturing.
IIIII.......................  Mercury Cell Chlor-Alkali Plants.
JJJJJ.......................  Brick and Structural Clay Products.
KKKKK.......................  Clay Ceramics Manufacturing.
LLLLL.......................  Asphalt Roofing and Processing.
MMMMM.......................  Flexible Polyurethane Foam Fabrication
                               Operation.
NNNNN.......................  Hydrochloric Acid Production.
PPPPP.......................  Engine Test Cells/Stands.
QQQQQ.......................  Friction Products Manufacturing.
RRRRR.......................  Taconite Iron Ore Processing.
SSSSS.......................  Refractory Products Manufacturing.
TTTTT.......................  Primary Magnesium Refining.
------------------------------------------------------------------------

VII. What Is Not Being Delegated?

    As mentioned above, ABCAQCB has not requested and has not been 
delegated the authority for the following standards:
    40 CFR part 60, Subpart AAA (Standards of Performance for New 
Residential Wood Heaters);
    40 CFR part 60, Subpart WWW, (Standards of Performance for 
Municipal Solid Waste Landfills);
    40 CFR part 60, Subpart Cc, (Emission Guidelines and Compliance 
Times for Municipal Solid Waste Landfills);
    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).
    It should be noted that the ABCAQCB adopted 40 CFR part 63, Subpart 
J (Polyvinyl Chloride and Copolymers Production) unchanged and 
requested delegation of the standard. The standard was vacated and 
remanded to EPA by the United States Court of Appeals for the District 
of Columbia Circuit on June 18, 2004, and EPA's petition for rehearing 
was denied on April 15, 2005.

[[Page 73142]]

Because the Court vacated Subpart J, that standard is not being 
delegated at this time to ABCAQCB.
    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 MACT standards have certain 
provisions that cannot be delegated to the States (e.g., 40 CFR 
63.106(b)). Therefore, any MACT 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.
    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.
    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 adequately 
demonstrated its authority over sources and activities located within 
the exterior boundaries of Indian reservations and other areas in 
Indian country.
    Also, this delegation does not extend to sources or activities 
located outside of Bernalillo County because the Albuquerque-Bernalillo 
County Air Quality Control Board only has jurisdiction to administer 
and enforce provisions of the New Mexico Air Quality Control Act in 
Bernalillo County (excluding Indian country). The Albuquerque-
Bernalillo County Air Quality Control Board and the Albuquerque 
Environmental Health Department was previously delegated the authority 
to implement and enforce certain NSPS and NESHAPs by EPA. See 60 FR 
52329 (October 6, 1995).

VIII. How Will Applicability Determinations Under Section 112 Be Made?

    In approving this delegation, ABCAQCB will obtain concurrence from 
EPA on any matter involving the interpretation of section 112 of the 
CAA or 40 CFR part 63 to the extent that implementation, 
administration, or enforcement of these sections have not been covered 
by EPA determination or guidance.

IX. What Authority Does EPA Have?

    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 VI 
and VII above. In addition, EPA may review and disapprove of State 
determinations and subsequently require corrections. (See 40 CFR 
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
    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 
any State or local agency which we therefore retain.

X. What Information Must ABCAQCB Provide to EPA?

    In delegating the authority to implement and enforce these rules 
and in granting a waiver of EPA notification requirements, we require 
ABCAQCB to input all source information into the Aerometric Information 
Retrieval System (AIRS) for both point and area sources. ABCAQCB must 
enter this information into the AIRS system and update the information 
by September 30 of every year. 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 
Part 63 standards, these determinations include: Applicability 
determinations (Sec.  63.1); approval/disapprovals of construction and 
reconstruction (Sec.  63.5(e) and (f)); notifications regarding the use 
of a continuous opacity monitoring system (Sec.  63.6(h)(7)(ii)); 
finding of compliance (Sec.  63.6(h)(8)); approval/disapprovals of 
compliance extensions (Sec.  63.6(i)); approvals/disapprovals of minor 
(Sec.  63.7(e)(2)(i)) or intermediate (Sec.  63.7(e)(2)(ii) and (f)) 
alternative test methods; approval of shorter sampling times and 
volumes (Sec.  63.7(e)(2)(iii)); waiver of performance testing (Sec.  
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or 
intermediate alternative monitoring methods (Sec.  63.8(f)); approval 
of adjustments to time periods for submitting reports (Sec. Sec.  63.9 
and 63.10); and approvals/disapprovals of minor alternatives to 
recordkeeping and reporting (Sec.  63.10(f)).
    Additionally, EPA's Emission Measurement Center of the Emissions 
Monitoring and Analysis Division must receive copies of any approved 
intermediate changes to test methods or monitoring. (Please note that 
intermediate changes to test methods must be demonstrated as equivalent 
through the procedures set out in EPA method 301.) This information on 
approved intermediate changes to test methods and monitoring will be 
used to compile a database of decisions that will be accessible to 
State and local agencies and EPA Regions for reference in making future 
decisions. (For definitions of major, intermediate and minor 
alternative test methods or monitoring methods, see 40 CFR 63.90). The 
ABCAQCB should forward these intermediate test methods or monitoring 
changes via mail or facsimile to: Chief, Source Categorization Group A, 
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone 
number: (919) 541-1039.

XI. What Is EPA's Oversight of This Delegation to ABCAQCB?

    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

[[Page 73143]]

rule if the corrective actions taken are insufficient.

XII. Should Sources Submit Notices to EPA or ABCAQCB?

    All of the information required pursuant to the Federal NSPS and 
NESHAP (40 CFR parts 60, 61, and 63) should be submitted by sources 
located inside the boundaries of Bernalillo County (excluding Indian 
country), directly to the City of Albuquerque, Environmental Health 
Department, Air Quality Division, P.O. Box 1293, Albuquerque, New 
Mexico 87103. The ABCAQCB c/o the City of Albuquerque, Environmental 
Health Department, Air Quality Division is the primary point of contact 
with respect to delegated NSPS and NESHAPs in Bernalillo County 
(excluding Indian country). 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).

XIII. 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 EPA, Region 6, for those NSPS and NESHAP 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 notice will be published to inform the public and 
affected sources of the delegation, indicating where source 
notifications and reports should be sent, and to amend the relevant 
portions of the Code of Federal Regulations showing which NSPS and 
NESHAP standards have been delegated to ABCAQCB.

XIV. What Is the Relationship Between RCRA and the Hazardous Waste 
Combustor MACT?

    As part of today's rule, we are delegating, under the CAA, 
implementation and enforcement authority for the Hazardous Waste 
Combustor (HWC) MACT (Subpart EEE) to ABCAQCB. Many of the sources 
subject to the HWC MACT are also subject to the RCRA permitting 
requirements. We expect air emissions and related operating 
requirements found in the HWC MACT will be included in part 70 permits 
issued by ABCAQCB. However, RCRA permits will still be required for all 
other aspects of the combustion unit and the facility that are governed 
by RCRA (e.g., corrective action, general facility standards, other 
combustor-specific concerns such as materials handling, risk-based 
emissions limits and operating requirements, as appropriate and other 
hazardous waste management units).\1\ See the HWC MACT rule preamble 
discussion (64 FR 52828, 52839-52843 (September 30, 1999)), and the 
RCRA Site-Specific Risk Assessment Policy for HWC Facilities dated June 
2000 for more information on the interrelationship of the MACT rule 
with the RCRA Omnibus provision and site specific risk assessments.
---------------------------------------------------------------------------

    \1\ EPA promulgated the HWC MACT (40 CFR Part 63, Subpart EEE) 
under the joint authority of the CAA and RCRA. Before this rule went 
into effect, the air emissions from these sources were primarily 
regulated under the authority of RCRA. See 40 CFR Parts 264, 265, 
266, and 270. With the release of HWC MACT, the air emissions are 
now regulated under both CAA and RCRA. Even though both statutes 
give EPA the authority to regulate air emissions, we determined that 
having the emissions standards and permitting requirements in both 
sets of implementing regulations would be duplicative. For this 
reason, using the authority provided by Section 1006(b) of RCRA, EPA 
deferred the RCRA requirements for the HWC emission controls to the 
CAA requirements of 40 CFR Part 63, Subpart EEE. After a facility 
has demonstrated compliance with the HWC MACT, the RCRA standards 
for air emissions from these units will no longer apply, with the 
exception of Section 3005(c)(3) of RCRA, which requires that each 
RCRA permit contain the terms and conditions necessary to protect 
human health and the environment. Under this provision of RCRA, if a 
regulatory authority determines that more stringent conditions than 
the HWC MACT are necessary to protect human health and the 
environment for a particular facility, then that regulatory 
authority may impose those conditions in the facility's RCRA permit.
---------------------------------------------------------------------------

XV. 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 applied to Part 70 sources, on January 10, 1995. The 
proposal was part of EPA's proposed approval of the Albuquerque-
Bernalillo County Air Quality Control Board's Operating Permits 
Program. 60 FR 2527. The EPA did not receive adverse public comments on 
the proposed delegation of Section 112 standards. 60 FR 13046 (March 
10, 1995). In this action, the public is given the opportunity to 
comment on the approval of ABCAQCB 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 
delegation of authority described in this action if adverse comments 
are received. This action will be effective February 7, 2006 without 
further notice unless the Agency receives relevant adverse comments by 
January 9, 2006.
    If EPA receives adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public the rule will 
not take effect. 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 
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 
an adverse comment.

XVI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of

[[Page 73144]]

power and responsibilities between the Federal Government and Indian 
tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000). 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 February 7, 2006. 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, Air pollution control, Administrative 
practice and procedure, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 61

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of Sections 
111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7411 and 
7412.

    Dated: November 29, 2005.
Carl E. Edlund,
Acting Regional Administrator, Region 6.

0
40 CFR parts 60, 61, and 63 are amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 60.4 is amended:
0
A. by adding paragraph (b)(GG)(i) and adding and reserving paragraph 
(b)(GG)(ii); and
0
B. by adding paragraph (e)(3) to read as follows:


Sec.  60.4  Address.

    (b) * * *
    (GG) * * *
    (i) Albuquerque-Bernalillo County Air Quality Control Board, c/o 
Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 
87103.
    (ii) [Reserved.]
* * * * *
    (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; Subpart 
WWW--Standards of Performance for Municipal Solid Waste Landfills; 
Subpart Cc--Emissions Guidelines and Compliance Times for Municipal 
Solid Waste Landfills, as amended in the Federal Register through July 
1, 2004.

PART 61--[AMENDED]

0
1. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 61.04 is amended:
0
A. by adding paragraph (b)(GG)(i) and adding and reserving paragraph 
(b)(GG)(ii); and
0
B. by revising paragraph (c)(6) to read as follows:


Sec.  61.04  Address.

    (b) * * *
    (GG) * * *
    (i) Albuquerque-Bernalillo County Air Quality Control Board, c/o 
Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 
87103.
    (ii) [Reserved.]
* * * * *
    (c) * * *
    (6) The following lists the specific Part 61 standards that have 
been delegated unchanged to the air pollution control agencies in 
Region 6.
    (i) [Reserved.]
    (ii) Louisiana. The Louisiana Department of Environmental Quality 
(LDEQ) has been delegated the following Part 61 standards promulgated 
by EPA, as amended in the Federal Register through July 1, 2002. The 
(X) symbol is used to indicate each subpart that has been delegated.

[[Page 73145]]



     Delegation Status for Part 61 Standards State of Louisiana \1\
------------------------------------------------------------------------
                          Subpart                             LDEQ \2\
------------------------------------------------------------------------
A General Provisions......................................            X
C Beryllium...............................................            X
D Beryllium Rocket Motor Firing...........................            X
E Mercury.................................................            X
J Equipment Leaks of Benzene..............................            X
L Benzene Emissions from Coke By-Product Recovery Plants..            X
M Asbestos................................................            X
N Inorganic Arsenic Emissions from Glass Manufacturing                X
 Plants...................................................
O Inorganic Arsenic Emissions from Primary Copper Smelters            X
P Inorganic Arsenic Emissions from Arsenic Trioxide and               X
 Metallic Arsenic Production Facilities...................
V Equipment Leaks.........................................            X
Y Benzene Emissions from Benzene Storage Vessels..........            X
BB Benzene Emissions from Benzene Transfer Operations.....            X
FF Benzene Emissions from Benzene Waste Operations........           X
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
  (LDEQ).
\2\ Authorities which may not be delegated include: Sec.   61.04(b),
  Addresses of State and Local Implementing Agencies; Sec.
  61.12(d)(1), Compliance with Standards and Maintenance Requirements,
  Alternate Means of Emission Limitation; Sec.   61.13(h), Major Change
  to an Emissions Test; Sec.   61.14(g), Major Modifications to
  Monitoring Requirements; Sec.   61.16, Availability of Information
  Procedures; Sec.   61.53(c)(4), List of Approved Design, Maintenance,
  and Housekeeping Practices for Mercury Chlor-Alkali Plants; and all
  authorities identified within specific subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.

    (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 September 1, 2001. 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] \1\
------------------------------------------------------------------------
            Subpart                   Source category        New Mexico
------------------------------------------------------------------------
A..............................  General Provisions.......            X
B..............................  Radon Emissions From       ............
                                  Underground Uranium
                                  Mines.
C..............................  Beryllium................            X
D..............................  Beryllium Rocket Motor               X
                                  Firing.
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            X
                                  Emission Sources) of
                                  Benzene.
K..............................  Radionuclide Emissions     ............
                                  From Elemental
                                  Phosphorus Plants.
L..............................  Benzene Emissions From               X
                                  Coke By-Product Recovery
                                  Plants.
M..............................  Asbestos.................            X
N..............................  Inorganic Arsenic                    X
                                  Emissions From Glass
                                  Manufacturing Plants.
O..............................  Inorganic Arsenic                    X
                                  Emissions From Primary
                                  Copper Smelters.
P..............................  Inorganic Arsenic                    X
                                  Emissions From Arsenic
                                  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 (Fugitive            X
                                  Emission Sources).
W..............................  Radon Emissions From       ............
                                  Operating Mill Tailings.
X..............................  (Reserved)...............  ............
Y..............................  Benzene Emissions From               X
                                  Benzene Storage Vessels.
Z-AA...........................  (Reserved)...............  ............
BB.............................  Benzene Emissions From               X
                                  Benzene Transfer
                                  Operations.
CC-EE..........................  (Reserved)...............  ............
FF.............................  Benzene Waste Operations.           X
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).

    (iv)-(v) [Reserved.]
    (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 July 1, 2004. The (X) symbol is 
used to indicate each subpart that has been delegated.

[[Page 73146]]



   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          ABCAQCB
------------------------------------------------------------------------
A..............................  General Provisions.......            X
B..............................  Radon Emissions From       ............
                                  Underground Uranium
                                  Mines.
C..............................  Beryllium................            X
D..............................  Beryllium Rocket Motor               X
                                  Firing.
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            X
                                  Emission Sources) of
                                  Benxene.
K..............................  Radionuclide Emissions     ............
                                  From Elemental
                                  Phosphorus Plants.
L..............................  Benzene Emissions From               X
                                  Coke By-Product Recovery
                                  Plants.
M..............................  Asbestos.................            X
N..............................  Inorganic Arsenic                    X
                                  Emissions From Glass
                                  Manufacturing Plants.
O..............................  Inorganic Arsenic                    X
                                  Emissions From Primary
                                  Copper Smelters.
P..............................  Inorganic Arsenic                    X
                                  Emissions From Arsenic
                                  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 (Fugitive            X
                                  Emission Sources).
W..............................  Radon Emissions From       ............
                                  Operating Mill Tailings.
X..............................  (Reserved)...............  ............
Y..............................  Benzene Emissions From               X
                                  Benzene Storage Vessels.
Z-AA...........................  (Reserved)...............  ............
BB.............................  Benzene Emissions From               X
                                  Benzene Transfer
                                  Operations.
CC-EE..........................  (Reserved)...............  ............
FF.............................  Benzene Waste Operations.           X
------------------------------------------------------------------------
\1\ Program delegated to Albuquerque-Bernalillo County Air Quality
  Control Board (ABCAQCB).

PART 63--[AMENDED]

0
1. 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
2. Section 63.99 is amended by revising paragraph (a)(31) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (31) New Mexico.
    (i) The following table lists the delegation status of specific 
part 63 subparts 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.

                          Delegation Status for Part 63 Standards--State of New Mexico
                                           [Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
                                                                                                     ABCAQCB \1\
                   Subpart                                Source category             NMED \1\ \2\       \3\
----------------------------------------------------------------------------------------------------------------
A...........................................  General Provisions \3\................            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
I...........................................  HON--Certain Processes Negotiated                 X             X
                                               Equipment Leak Regulation.
J...........................................  Polyvinyl Chloride and Copolymers             \4\ X         (\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

[[Page 73147]]


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                  X             X
                                               Plants.
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                      X             X
                                               Facilities.
JJ..........................................  Wood Furniture Manufacturing                      X             X
                                               Operations.
KK..........................................  Printing and Publishing Industry......            X             X
LL..........................................  Primary Aluminum Reduction Plants.....            X             X
MM..........................................  Chemical Recovery Combustion Sources    ............            X
                                               at 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..........................................  (Reserved)............................  ............  ............
YY..........................................  Generic Maximum Achievable Control                X             X
                                               Technology Standards.
ZZ-BBB......................................  (Reserved)............................  ............  ............
CCC.........................................  Steel Pickling--HCl 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
http://WWW.........................................  (Reserved)............................  ............  ............

XXX.........................................  Ferroalloys Production: Ferromanganese            X             X
                                               and Silicomanganese.
AAAA........................................  Municipal Solid Waste Landfills.......  ............            X
CCCC........................................  Nutritional Yeast Manufacturing.......            X             X
EEEE........................................  Organic Liquids Distribution..........  ............            X
GGGG........................................  Solvent Extraction for Vegetable Oil              X             X
                                               Production.
HHHH........................................  Wet Formed Fiberglass Mat Production..            X             X
JJJJ........................................  Paper and other Web (Surface Coating).  ............            X
KKKK........................................  Metal Can (Surface Coating)...........  ............            X
NNNN........................................  Surface Coating of Large Appliances...            X             X
OOOO........................................  Fabric Printing Coating and Dyeing....  ............            X
PPPP........................................  Plastic Parts (Surface Coating).......  ............            X
QQQQ........................................  Surface Coating of Wood Building        ............            X
                                               Products.
RRRR........................................  Surface Coating of Metal Furniture....  ............            X
SSSS........................................  Surface Coating for Metal Coil........            X             X
TTTT........................................  Leather Finishing Operations..........            X             X

[[Page 73148]]


UUUU........................................  Cellulose Production Manufacture......            X             X
VVVV........................................  Boat Manufacturing....................            X             X
Whttp://WWW........................................  Reinforced Plastic                      ............            X

                                               CompositesProduction.
XXXX........................................  Tire Manufacturing....................            X             X
YYYY........................................  Combustion Turbines...................  ............            X
AAAAA.......................................  Lime Manufacturing Plants.............  ............            X
BBBBB.......................................  Semiconductor Manufacturing...........  ............            X
CCCCC.......................................  Coke Ovens: Pushing, Quenching and                X             X
                                               Battery Stacks.
DDDDD.......................................  Industrial/Commerical/Institutional     ............  ............
                                               Boilers and Process Heaters.
EEEEE.......................................  Iron Foundries........................  ............            X
FFFFF.......................................  Integrated Iron and Steel.............  ............            X
GGGGG.......................................  Site Remediation......................  ............            X
HHHHH.......................................  Miscellaneous Coating Manufacturing...  ............            X
IIIII.......................................  Mercury Cell Chlor-Alkali Plants......  ............            X
JJJJJ.......................................  Brick and Structural Clay Products      ............            X
                                               Manufacturing.
KKKKK.......................................  Clay Ceramics Manufacturing...........  ............            X
LLLLL.......................................  Asphalt Roofing and Processing........  ............            X
MMMMM.......................................  Flexible Polyurethane Foam Fabrication  ............            X
                                               Operation.
NNNNN.......................................  Hydrochloric Acid Production, Fumed     ............            X
                                               Silica Production.
PPPPP.......................................  Engine Test Facilities................  ............            X
QQQQQ.......................................  Friction Products Manufacturing.......  ............            X
RRRRR.......................................  Taconite Iron Ore Processing..........  ............            X
SSSSS.......................................  Refractory Products Manufacture.......  ............            X
TTTTT.......................................  Primary Magnesium Refining............  ............            X
----------------------------------------------------------------------------------------------------------------
\1\ Authorities that cannot be delegated include 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. In addition, all authorities
  identified in the certain subparts that EPA has designated 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 September 1, 2002.
\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\ This standard was originally delegated to NMED on February 9, 2004. The ABCAQCB has adopted the subpart
  unchanged and applied for delegation of the standard. The standard was vacated and remanded to EPA by the
  United States Court of Appeals for the District of Columbia Circuit on June 18, 2004, and EPA's petition for
  rehearing was denied on April 15, 2005. The standard is not being delegated at this time to ABCAQCB.

* * * * *

[FR Doc. 05-23810 Filed 12-8-05; 8:45 am]

BILLING CODE 6560-50-P
