ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
60,
61,
and
63
[
R06­
OAR­
2005­
NM­
0005;
FRL­
]

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
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
(
both
40
CFR
part
70
and
non­
part
70
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
(
40
CFR
part
61
standards)
and
July
1,
2004
(
40
CFR
part
63
standards).
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
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
2
Register]
without
further
notice,
unless
EPA
receives
relevant
adverse
comment
by
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
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
Website:
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:
00
a.
m.
and
4:
00
p.
m.
weekdays
except
3
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
website
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
4
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
(

6PDR
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.
5
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
Subpart
E
Approval
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?

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
6
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
7
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
8
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
9
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
§
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).
10
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
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
11
(
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
12
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
13
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
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
14
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
WWWW
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
15
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
16
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
17
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.
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:
§
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
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.
18
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
19
determinations
or
guidance.

IX.
What
Authority
Does
EPA
Have?

We
retain
the
right,
as
provided
by
CAA
§
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
20
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
(
63.1);
approval/
disapprovals
of
construction
and
reconstruction
[
63.5(
e)
and
(
f)];
notifications
regarding
the
use
of
a
continuous
opacity
monitoring
system
[
63.6(
h)(
7)(
ii)];
finding
of
compliance
[
63.6(
h)(
8)];
approval/
disapprovals
of
compliance
extensions
[
63.6(
i)];

approvals/
disapprovals
of
minor
[
63.7(
e)(
2)(
i)]
or
intermediate
[
63.7(
e)(
2)(
ii)
and
(
f)]
alternative
test
methods;
approval
of
shorter
sampling
times
and
volumes
[
63.7(
e)(
2)(
iii)];
waiver
of
performance
testing
[
63.7(
e)(
2)(
iv)
and
(
h)(
2),
(
3)];
approvals/
disapprovals
of
minor
or
intermediate
alternative
monitoring
methods
[
63.8(
f)];
approval
of
adjustments
to
time
periods
for
submitting
reports
(
63.9
and
63.10);
and
approvals/
disapprovals
of
minor
alternatives
to
recordkeeping
and
reporting
[
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
21
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
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
22
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
23
1EPA
promulgated
the
HWC
MACT
(
40
CFR
Part
63,
Subpart
EEE)
under
the
joint
authority
of
the
CAA
and
RCRA.
Before
this
rule
went
in
to
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.
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
43
(
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.

XV.
Final
Action
24
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
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice
unless
the
Agency
receives
relevant
adverse
comments
by
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].

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
25
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
(
Public
Law
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
power
and
responsibilities
between
the
Federal
Government
26
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
27
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
[
FEDERAL
REGISTER
OFFICE:
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
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
in
40
CFR
Part
60
Environmental
protection,
Air
pollution
control,
Administrative
practice
and
procedure,

Hazardous
substances,
Intergovernmental
relations,
Reporting
and
recordkeeping
requirements.

List
of
Subjects
in
40
CFR
Part
61
28
Environmental
protection,
Air
pollution
control,
Administrative
practice
and
procedure,

Hazardous
substances,
Intergovernmental
relations,
Reporting
and
recordkeeping
requirements.

List
of
Subjects
in
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
/
s/
Carl
E.
Edlund
Acting
Regional
Administrator
Region
6
29
40
CFR
parts
60,
61,
and
63
are
amended
as
follows:

Part
60
­
[
AMENDED]

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

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

2.
Section
60.4
is
amended
by
revising
paragraph
(
b)(
GG)(
i)
to
read
as
follows:

§
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
3.
Section
60.4
is
amended
by
adding
paragraph
(
e)(
3)
as
follows:

(
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.
30
Part
61
­
[
AMENDED]

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

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

2.
Section
61.04
is
amended
by
revising
paragraph
(
b)(
GG)
to
read
as
follows:

§
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
3.
Section
61.04
is
amended
by
revising
paragraph
(
c)(
6)
as
follows:

(
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)
*****

(
iii)
*****

(
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
31
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.

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
Firing
X
E
Mercury
X
F
Vinyl
Chloride
X
G
(
Reserved)

H
Emissions
of
Radionuclides
Other
Than
Radon
From
Department
of
Energy
Facilities
I
Radionuclide
Emissions
From
Federal
Facilities
Other
Than
Nuclear
Regulatory
Commission
Licensees
and
Not
Covered
by
Subpart
H
J
Equipment
Leaks
(
Fugitive
Emission
Sources)
of
Benxene
X
K
Radionuclide
Emissions
From
Elemental
Phosphorus
Plants
L
Benzene
Emissions
From
Coke
By­
Product
Recovery
Plants
X
M
Asbestos
X
N
Inorganic
Arsenic
Emissions
From
Glass
Manufacturing
Plants
X
O
Inorganic
Arsenic
Emissions
From
Primary
Copper
Smelters
X
P
Inorganic
Arsenic
Emissions
From
Arsenic
Trioxide
and
Metallic
Arsenic
Production
Facilities
X
Q
Radon
Emissions
From
Department
of
Energy
Facilities
R
Radon
Emissions
From
Phosphogypsum
Stacks
32
S
(
Reserved)

T
Radon
Emissions
From
the
Disposal
of
Uranium
Mill
Tailings
U
(
Reserved)

V
Equipment
Leaks
(
Fugitive
Emission
Sources)
X
W
Radon
Emissions
From
Operating
Mill
Tailings
X
(
Reserved)

Y
Benzene
Emissions
From
Benzene
Storage
Vessels
X
Z­
AA
(
Reserved)

BB
Benzene
Emissions
From
Benzene
Transfer
Operations
X
CC­
EE
(
Reserved)

FF
Benzene
Waste
Operations
X
1
Program
delegated
to
Albuquerque­
Bernalillo
County
Air
Quality
Control
Board
(
ABCAQCB)

Part
63
 
[
AMENDED]

1.
The
authority
citation
for
Part
63
continues
to
read
as
follows:

AUTHORITY:
42
U.
S.
C.
7401,
et
seq.

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

(
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..
33
DELEGATION
STATUS
FOR
PART
63
STANDARDS
­
STATE
OF
NEW
MEXICO
(
EXCLUDING
INDIAN
COUNTRY)

SUBPART
SOURCE
CATEGORY
NMED1,2
ABCAQCB1,3
A
General
Provisions3
X
X
D
Early
Reductions
X
X
F
Hazardous
Organic
NESHAP
(
HON)
­
Synthetic
Organic
Chemical
Manufacturing
Industry
(
SOCMI)
X
X
G
HON
­
SOCMI
Process
Vents,
Storage
Vessels,
Transfer
Operations
and
Wastewater
X
X
H
HON
­
Equipment
Leaks
X
X
I
HON
­
Certain
Processes
Negotiated
Equipment
Leak
Regulation
X
X
J
Polyvinyl
Chloride
and
Copolymers
Production
X4
4
K
(
Reserved)

L
Coke
Oven
Batteries
X
X
M
Perchloroethylene
Dry
Cleaning
X
X
N
Chromium
Electroplating
and
Chromium
Anodizing
Tanks
X
X
O
Ethylene
Oxide
Sterilizers
X
X
P
(
Reserved)

Q
Industrial
Process
Cooling
Towers
X
X
R
Gasoline
Distribution
X
X
S
Pulp
and
Paper
Industry
X
X
T
Halogenated
Solvent
Cleaning
X
X
U
Group
I
Polymers
and
Resins
X
X
V
(
Reserved)

W
Epoxy
Resins
Production
and
Non­
Nylon
Polyamides
Production
X
X
X
Secondary
Lead
Smelting
X
X
Y
Marine
Tank
Vessel
Loading
X
X
Z
(
Reserved)

AA
Phosphoric
Acid
Manufacturing
Plants
X
X
BB
Phosphate
Fertilizers
Production
Plants
X
X
CC
Petroleum
Refineries
X
X
34
DD
Off­
Site
Waste
and
Recovery
Operations
X
X
EE
Magnetic
Tape
Manufacturing
X
X
FF
(
Reserved)

GG
Aerospace
Manufacturing
and
Rework
Facilities
X
X
HH
Oil
and
Natural
Gas
Production
Facilities
X
X
II
Shipbuilding
and
Ship
Repair
Facilities
X
X
JJ
Wood
Furniture
Manufacturing
Operations
X
X
KK
Printing
and
Publishing
Industry
X
X
LL
Primary
Aluminum
Reduction
Plants
X
X
MM
Chemical
Recovery
Combustion
Sources
at
Kraft,
Soda,
Sulfide,
and
Stand­
Alone
Semichemical
Pulp
Mills
X
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,
Recovery
Devices
and
Routing
to
a
Fuel
Gas
System
or
a
Process
X
X
TT
Equipment
Leaks
­
Control
Level
1
X
X
UU
Equipment
Leaks
­
Control
Level
2
Standards
X
X
VV
Oil­
Water
Separators
and
Organic­
Water
Separators
X
X
WW
Storage
Vessels
(
Tanks)
­
Control
Level
2
X
X
XX
(
Reserved)

YY
Generic
Maximum
Achievable
Control
Technology
Standards
X
X
ZZ­
BBB
(
Reserved)

CCC
Steel
Pickling
­
HCl
Process
Facilities
and
Hydrochloric
Acid
Regeneration
X
X
DDD
Mineral
Wool
Production
X
X
EEE
Hazardous
Waste
Combustors
X
X
FFF
(
Reserved)

GGG
Pharmaceuticals
Production
X
X
35
HHH
Natural
Gas
Transmission
and
Storage
Facilities
X
X
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
Cracking
Units,
Catalytic
Reforming
Units
and
Sulfur
Recovery
Plants
X
X
VVV
Publicly
Owned
Treatment
Works
(
POTW)
X
X
WWW
(
Reserved)

XXX
Ferroalloys
Production:
Ferromanganese
and
Silicomanganese
X
X
AAAA
Municipal
Solid
Waste
Landfills
X
CCCC
Nutritional
Yeast
Manufacturing
X
X
EEEE
Organic
Liquids
Distribution
X
GGGG
Solvent
Extraction
for
Vegetable
Oil
Production
X
X
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
Products
X
RRRR
Surface
Coating
of
Metal
Furniture
X
36
SSSS
Surface
Coating
for
Metal
Coil
X
X
TTTT
Leather
Finishing
Operations
X
X
UUUU
Cellulose
Production
Manufacture
X
X
VVVV
Boat
Manufacturing
X
X
WWWW
Reinforced
Plastic
Composites
Production
X
XXXX
Tire
Manufacturing
X
X
YYYY
Combustion
Turbines
X
AAAAA
Lime
Manufacturing
Plants
X
BBBBB
Semiconductor
Manufacturing
X
CCCCC
Coke
Ovens:
Pushing,
Quenching
and
Battery
Stacks
X
X
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
Manufacturing
X
KKKKK
Clay
Ceramics
Manufacturing
X
LLLLL
Asphalt
Roofing
and
Processing
X
MMMMM
Flexible
Polyurethane
Foam
Fabrication
Operation
X
NNNNN
Hydrochloric
Acid
Production,
Fumed
Silica
Production
X
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
§
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.
In
addition,
all
authorities
identified
in
the
certain
subparts
that
EPA
has
designated
that
cannot
be
37
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.
