[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15964-15971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07325]



[[Page 15964]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2016-0091; FRL-9975-94--Region 6]


New Source Performance Standards and National Emission Standards 
for Hazardous Air Pollutants; Delegation of Authority to New Mexico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The New Mexico Environment Department (NMED) has submitted 
updated regulations for receiving delegation and approval of a program 
for the implementation and enforcement of certain New Source 
Performance Standards (NSPS) and National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for all sources (both Title V and 
non-Title V sources). These updated regulations apply to certain NSPS 
promulgated by the EPA at part 60, as amended between September 24, 
2013 and January 15, 2017; certain NESHAP promulgated by the EPA at 
part 61, as amended between January 1, 2011 and January 15, 2017; and 
other NESHAP promulgated by the EPA at part 63, as amended between 
August 30, 2013 and January 15, 2017, as adopted by the NMED. The EPA 
is providing notice that it is updating the delegation of certain NSPS 
to NMED, and taking direct final action to approve the delegation of 
certain NESHAP to NMED. The delegation of authority under this action 
does not apply to sources located in Bernalillo County, New Mexico, or 
to sources located in Indian Country.

DATES: This rule is effective on June 12, 2018 without further notice, 
unless the EPA receives relevant adverse comment by May 14, 2018. If 
the EPA receives such comment, the EPA will publish a timely withdrawal 
in the Federal Register informing the public that the updated NESHAP 
delegation will not take effect; however, the NSPS delegation will not 
be affected by such action.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2016-0091, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Rick Barrett, 214-665-
7227, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: [email protected]. To inspect the hard copy 
materials, please schedule an appointment with Mr. Rick Barrett or Mr. 
Bill Deese at (214) 665-7253.

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

Table of Contents

I. What does this action do?
II. What is the authority for delegation?
III. What criteria must New Mexico's programs meet to be approved?
IV. How did NMED meet The NSPS and NESHAP program approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will statutory and regulatory interpretations be made?
VIII. What authority does the EPA have?
IX. What information must NMED provide to the EPA?
X. What is the EPA's oversight role?
XI. Should sources submit notices to the EPA or NMED?
XII. How will unchanged authorities be delegated to NMED in the 
future?
XIII. Final Action
XIV. Statutory and Executive Order Reviews

I. What does this action do?

    The EPA is providing notice that it is approving NMED's request to 
update the delegation for the implementation and enforcement of certain 
NSPS. The EPA is also taking direct final action to approve NMED's 
request updating the delegation of certain NESHAP. With this 
delegation, NMED has the primary responsibility to implement and 
enforce the delegated standards. See sections V and VI, below, for a 
discussion of which standards are being delegated and which are not 
being delegated.

II. What is the authority for delegation?

    Upon the EPA's finding that the procedures submitted by a State for 
the implementation and enforcement of standards of performance for new 
sources located in the State are adequate, Section 111(c)(1) of the 
Clean Air Act (CAA) authorizes the EPA to delegate its authority to 
implement and enforce such standards. The new source performance 
standards are codified at 40 CFR part 60.
    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize 
the EPA to delegate authority for the implementation and enforcement of 
emission standards for hazardous air pollutants to a State that 
satisfies the statutory and regulatory requirements in subpart E. The 
hazardous air pollutant standards are codified at 40 CFR parts 61 and 
63.

III. What criteria must New Mexico's programs meet to be approved?

    In order to receive delegation of NSPS, a State must develop and 
submit to the EPA a procedure for implementing and enforcing the NSPS 
in the state, and their regulations and resources must be adequate for 
the implementation and enforcement of the NSPS. The EPA initially 
approved New Mexico's program for the delegation of NSPS on June 6, 
1986 (51 FR 20648). The EPA reviewed the laws of the State and the 
rules and regulations of the New Mexico Environmental Improvement 
Division (now the NMED) and determined the State's procedures, 
regulations and resources were adequate for the implementation and 
enforcement of the Federal standards. The NSPS delegation was most 
recently updated on February 2, 2015 (80 FR 5475). This action notifies 
the public that the EPA is updating NMED's delegation to implement and 
enforce certain additional NSPS.
    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a State for the delegation of NESHAP standards if 
the EPA determines that:
    (A) The authorities contained in the program are not adequate to 
assure compliance by the sources within the

[[Page 15965]]

State with respect to each applicable standard, regulation, or 
requirement established under section 112;
    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E, setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 rules as promulgated without changes (straight delegation), 
a State must demonstrate that it meets the criteria of 40 CFR 63.91(d). 
Title 40 CFR 63.91(d)(3) provides that interim or final title V program 
approval will satisfy the criteria of 40 CFR 63.91(d).\1\
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    \1\ Some NESHAP standards do not require a source to obtain a 
title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a title V permit). For these non-title V 
sources, the EPA believes that the State must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (Sept. 14, 2000).
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    The NESHAP delegation was most recently approved on February 2, 
2015 (80 FR 5475).

IV. How did NMED meet the NSPS and NESHAP program approval criteria?

    As to the NSPS standards in 40 CFR part 60, NMED adopted the 
Federal standards via incorporation by reference. The NMED regulations 
are, therefore, at least as stringent as the EPA's rules. See 40 CFR 
60.10(a). Also, in the EPA initial approval of NSPS delegation, we 
determined that the State developed procedures for implementing and 
enforcing the NSPS in the State, and that the State's regulations and 
resources are adequate for the implementation and enforcement of the 
Federal standards. See 51 FR 20648 (June 6, 1986).
    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of 
its Title V submission NMED stated that it intended to use the 
mechanism of incorporation by reference to adopt unchanged Federal 
section 112 standards into its regulations. This commitment applied to 
both existing and future standards as they applied to part 70 sources. 
The EPA's final interim approval of New Mexico's Title V operating 
permits program delegated the authority to implement certain NESHAP, 
effective December 19, 1994 (59 FR 59656). On November 26, 1996, the 
EPA promulgated final full approval of the State's operating permits 
program, effective January 27, 1997 (61 FR 60032). These interim and 
final title V program approvals satisfy the upfront approval criteria 
of 40 CFR 63.91(d). Under 40 CFR 63.91(d)(2), once a state has 
satisfied the up-front approval criteria, it needs only to reference 
the previous demonstration and reaffirm that it still meets the 
criteria for any subsequent submittals for delegation of the section 
112 standards. NMED has affirmed that it still meets the up-front 
approval criteria. With respect to non-Title V sources, the EPA has 
previously approved delegation of NESHAP authorities to NMED after 
finding adequate authorities to implement and enforce the NESHAP for 
non-Title V sources. See 68 FR 69036 (December 11, 2003).

V. What is being delegated?

    By letter dated January 22, 2016, the EPA received a request from 
NMED to update its NSPS delegation and NESHAP delegation. With certain 
exceptions noted in section VI below, NMED's request included NSPS in 
40 CFR part 60, as amended between September 24, 2013 and September 15, 
2015; NESHAP in 40 CFR part 61, as amended between January 1, 2011 and 
September 15, 2015; and NESHAP in 40 CFR part 63, as amended between 
August 30, 2013 and September 15, 2015.
    By letter dated June 9, 2017, the EPA received a request from NMED 
to update its NSPS delegation and NESHAP delegation. With certain 
exceptions noted in section VI below, NMED's request included NSPS in 
40 CFR part 60, as amended between September 15, 2015 and January 15, 
2017; NESHAP in 40 CFR part 61, as amended between September 15, 2015 
and January 15, 2017; and NESHAP in 40 CFR part 63, as amended between 
September 15, 2015 and January 15, 2017. This action is being taken in 
response to NMED's requests noted above.

VI. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this 
action are not delegated. These include the following part 60, 61 and 
63 authorities listed below:
     40 CFR part 60, subpart AAA (Standards of Performance for 
New Residential Wood Heaters);
     40 CFR part 60, subpart QQQQ (Standards of Performance for 
New Residential Hydronic Heaters and Forced-Air Furnaces);
     40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions from Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for 
Radionuclide Emissions from Federal Facilities Other Than Nuclear 
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions from Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions from Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions from Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions from the Disposal of Uranium Mill Tailings);
     40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions from Operating Mill Tailings); and
     40 CFR part 63, subpart J (National Emission Standards for 
Polyvinyl Chloride and Copolymers Production).
    In addition, the EPA regulations provide that we cannot delegate to 
a State any of the Category II authorities set forth in 40 CFR 
63.91(g)(2). These include the following provisions: Sec.  63.6(g), 
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9), 
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and 
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f), 
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some part 61 and part 63 standards have certain provisions that cannot 
be delegated to the States. Furthermore, no authorities are delegated 
that require rulemaking in the Federal Register to implement, or where 
Federal overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA section 112. 
Finally, this action does not delegate any authority under section 
112(r), the accidental release program.

[[Page 15966]]

    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 NMED to implement and enforce 
certain NSPS and NESHAP authorities does not extend to sources or 
activities located in Indian country, as defined in 18 U.S.C. 1151. 
Under this definition, the EPA treats as reservations, trust lands 
validly set aside for the use of a Tribe even if the trust lands have 
not been formally designated as a reservation. Consistent with previous 
federal program approvals or delegations, the EPA will continue to 
implement the NSPS and NESHAP in Indian country because NMED has not 
submitted information to demonstrate authority over sources and 
activities located within the exterior boundaries of Indian 
reservations and other areas in Indian country.

VII. How will statutory and regulatory interpretations be made?

    In approving the NSPS delegation, NMED will obtain concurrence from 
the EPA on any matter involving the interpretation of section 111 of 
the CAA or 40 CFR part 60 to the extent that implementation or 
enforcement of these provisions have not been covered by prior EPA 
determinations or guidance. See 51 FR 20649 (June 6, 1986).
    In approving the NESHAP delegation, NMED will obtain concurrence 
from the EPA on any matter involving the interpretation of section 112 
of the CAA or 40 CFR parts 61 and 63 to the extent that implementation 
or enforcement of these provisions have not been covered by prior EPA 
determinations or guidance.

VIII. What authority does the EPA have?

    We retain the right, as provided by CAA section 111(c)(2), to 
enforce any applicable emission standard or requirement under section 
111.
    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement under section 112. In addition, the EPA may enforce any 
federally approved State rule, requirement, or program under 40 CFR 
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make 
decisions under the General Provisions (subpart A) of parts 61 and 63. 
We are delegating to NMED some of these authorities, and retaining 
others, as explained in sections V and VI above. In addition, the EPA 
may review and disapprove State determinations and subsequently require 
corrections. See 40 CFR 63.91(g)(1)(ii). EPA also has the authority to 
review NMED's implementation and enforcement of approved rules or 
programs and to withdraw approval if we find inadequate implementation 
or enforcement. See 40 CFR 63.96.
    Furthermore, we retain any authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Also, listed in footnote 2 of the part 63 delegation table at 
the end of this rule are the authorities that cannot be delegated to 
any State or local agency which we therefore retain.
    Finally, we retain the authorities stated in the original 
delegation agreement. See 51 FR 20648-20650 (June 6, 1986).

IX. What information must NMED provide to the EPA?

    NMED must provide any additional compliance related information to 
EPA, Region 6, Office of Enforcement and Compliance Assurance, within 
45 days of a request under 40 CFR 63.96(a). In receiving delegation for 
specific General Provisions authorities, NMED must submit to EPA Region 
6, on a semi-annual basis, copies of determinations issued under these 
authorities. See 40 CFR 63.91(g)(1)(ii). For 40 CFR part 63 standards, 
these determinations include: Sec.  63.1, Applicability Determinations; 
Sec.  63.6(e), Operation and Maintenance Requirements--Responsibility 
for Determining Compliance; Sec.  63.6(f), Compliance with Non-Opacity 
Standards--Responsibility for Determining Compliance; Sec.  63.6(h), 
Compliance with Opacity and Visible Emissions Standards--Responsibility 
for Determining Compliance; Sec.  63.7(c)(2)(i) and (d), Approval of 
Site-Specific Test Plans; Sec.  63.7(e)(2)(i), Approval of Minor 
Alternatives to Test Methods; Sec.  63.7(e)(2)(ii) and (f), Approval of 
Intermediate Alternatives to Test Methods; Sec.  63.7(e)(2)(iii), 
Approval of Shorter Sampling Times and Volumes When Necessitated by 
Process Variables or Other Factors; Sec.  63.7(e)(2)(iv) and (h)(2) and 
(3), Waiver of Performance Testing; Sec.  63.8(c)(1) and (e)(1), 
Approval of Site-Specific Performance Evaluation (Monitoring) Test 
Plans; Sec.  63.8(f), Approval of Minor Alternatives to Monitoring; 
Sec.  63.8(f), Approval of Intermediate Alternatives to Monitoring; 
Sec. Sec.  63.9 and 63.10, Approval of Adjustments to Time Periods for 
Submitting Reports; Sec.  63.10(f), Approval of Minor Alternatives to 
Recordkeeping and Reporting; Sec.  63.7(a)(4), Extension of Performance 
Test Deadline.

X. What is the EPA's oversight role?

    The EPA oversees NMED's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that NMED made decisions that decreased the 
stringency of the delegated standards, then NMED shall be required to 
take corrective actions and the source(s) affected by the decisions 
will be notified. See 40 CFR 63.91(g)(1)(ii) and (b). We will initiate 
withdrawal of the program or rule if the corrective actions taken are 
insufficient. See 51 FR 20648 (June 6, 1986).

XI. Should sources submit notices to the EPA or NMED?

    Sources located outside the boundaries of Bernalillo County and 
outside of Indian country should submit all of the information required 
pursuant to the delegated authorities in the Federal NSPS and NESHAP 
(40 CFR parts 60, 61 and 63) directly to the NMED at the following 
address: New Mexico Environment Department, 525 Camino de los Marquez, 
Suite I, Santa Fe, New Mexico 87505. The NMED is the primary point of 
contact with respect to delegated NSPS and NESHAP authorities. Sources 
do not need to send a copy to the EPA. The EPA Region 6 waives the 
requirement that notifications and reports for delegated authorities be 
submitted to the EPA in addition to NMED in accordance with 40 CFR 
63.9(a)(4)(ii) and 63.10(a)(4)(ii).\2\ For those authorities not 
delegated, sources must continue to submit all appropriate information 
to the EPA.
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    \2\ This waiver only extends to the submission of copies of 
notifications and reports; EPA does not waive the requirements in 
delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XII. How will unchanged authorities be delegated to NMED in the future?

    In the future, NMED will only need to send a letter of request to 
update their delegation to EPA, Region 6, for those NSPS which they 
have adopted by reference. The EPA will amend the relevant portions of 
the Code of Federal Regulations showing which NSPS standards have been 
delegated to NMED. Also, in the future, NMED will only need to send a 
letter of request for approval to EPA, Region 6, for those NESHAP 
regulations that NMED has adopted by reference. The letter must 
reference the previous up-front approval demonstration and reaffirm 
that it still

[[Page 15967]]

meets the up-front approval criteria. We will respond in writing to the 
request stating that the request for delegation is either granted or 
denied. A Federal Register action will be published to inform the 
public and affected sources of the delegation, indicate where source 
notifications and reports should be sent, and to amend the relevant 
portions of the Code of Federal Regulations showing which NESHAP 
standards have been delegated to NMED.

XIII. Final Action

    The public was provided the opportunity to comment on the proposed 
approval of the program and mechanism for delegation of section 112 
standards, as they apply to part 70 sources, on May 19, 1994, for the 
proposed interim approval of NMED's Title V operating permits program; 
and on November 26, 1996, for the proposed final approval of NMED's 
Title V operating permits program. In the EPA's final full approval of 
New Mexico's Operating Permits Program on November 26, 1996, the EPA 
discussed the public comments on the delegation of the NESHAP 
authorities. In today's action, the public is given the opportunity to 
comment on the approval of NMED's request for delegation of authority 
to implement and enforce certain section 112 standards for all sources 
(both Title V and non-Title V 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 relevant adverse comments. Therefore, the EPA is 
publishing this rule without prior proposal. However, in the proposed 
rules section of this issue of the Federal Register, the EPA is 
publishing a separate document that will serve as the proposal to 
approve the NESHAP delegation described in this action if relevant 
adverse comments are received. This action will be effective June 12, 
2018 without further notice unless we receive relevant adverse comment 
by May 14, 2018.
    If we receive relevant adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public the rule will 
not take effect with respect to the updated NESHAP delegation. We will 
address all public comments in a subsequent final rule based on the 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
Please note that if we receive relevant adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of a relevant adverse 
comment.

XIV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
is not an Executive Order 13771 regulatory action because this action 
is not significant under Executive Order 12866. This action merely 
approves state law as meeting Federal requirements and imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
approves pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). The EPA believes that this action does not 
have disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    The delegation is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state request to receive 
delegation of certain Federal standards, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    In reviewing delegation submissions, EPA's role is to approve 
submissions, provided that they meet the criteria of the Clean Air Act. 
This action is not subject to the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 12, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 60

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

[[Page 15968]]

40 CFR Part 61

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous 
substances, Intergovernmental relations, Mercury, Reporting and 
recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

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

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

    Dated: March 22, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.

    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.


0
2. Section 60.4 is amended by revising paragraphs (b)(33) introductory 
text and (e)(1) to read as follows:


Sec.  60.4  Address.

* * * * *
    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, 525 
Camino de los Marquez, Suite I, Santa Fe, New Mexico, 87505. Note: For 
a list of delegated standards for New Mexico (excluding Bernalillo 
County and Indian country), see paragraph (e)(1) of this section.
* * * * *
    (e) * * *
    (1) New Mexico. The New Mexico Environment Department has been 
delegated all part 60 standards promulgated by the EPA, except subpart 
AAA--Standards of Performance for New Residential Wood Heaters; and 
subpart QQQQ--Standards of Performance for New Residential Hydronic 
Heaters and Forced-Air Furnaces, as amended in the Federal Register 
through January 15, 2017.
* * * * *

PART 61--[AMENDED]

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 by revising paragraphs (b)(33) 
introductory text and (c)(6)(iii) to read as follows:


Sec.  61.04  Address.

* * * * *
    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, 525 
Camino de los Marquez, Suite I, Santa Fe, New Mexico 87505. For a list 
of delegated standards for New Mexico (excluding Bernalillo County and 
Indian country), see paragraph (c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iii) New Mexico. The New Mexico Environment Department (NMED) has 
been delegated the following part 61 standards promulgated by the EPA, 
as amended in the Federal Register through January 15, 2017. The (X) 
symbol is used to indicate each subpart that has been delegated. The 
delegations are subject to all of the conditions and limitations set 
forth in Federal law and regulations.

   Delegation Status for National Emission Standards for Hazardous Air
              Pollutants (Part 61 Standards) for New Mexico
            [Excluding Bernalillo County and Indian Country]
------------------------------------------------------------------------
      Subpart                 Source Category                NMED \1\
------------------------------------------------------------------------
A.................  General Provisions.................               X
B.................  Radon Emissions From Underground     ...............
                     Uranium Mines.
C.................  Beryllium..........................               X
D.................  Beryllium Rocket Motor Firing......               X
E.................  Mercury............................               X
F.................  Vinyl Chloride.....................               X
G.................  (Reserved).........................  ...............
H.................  Emissions of Radionuclides Other     ...............
                     Than Radon From Department of
                     Energy Facilities.
I.................  Radionuclide Emissions From Federal  ...............
                     Facilities Other Than Nuclear
                     Regulatory Commission Licensees
                     and Not Covered by Subpart H..
J.................  Equipment Leaks (Fugitive Emission                X
                     Sources) of Benzene.
K.................  Radionuclide Emissions From          ...............
                     Elemental Phosphorus Plants.
L.................  Benzene Emissions From Coke By-                   X
                     Product Recovery Plants.
M.................  Asbestos...........................               X
N.................  Inorganic Arsenic Emissions From                  X
                     Glass Manufacturing Plants.
O.................  Inorganic Arsenic Emissions From                  X
                     Primary Copper Smelters.
P.................  Inorganic Arsenic Emissions From                  X
                     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 (Fugitives Emission               X
                     Sources).
W.................  Radon Emissions From Operating Mill  ...............
                     Tailings.
X.................  (Reserved).........................  ...............
Y.................  Benzene Emissions From Benzene                    X
                     Storage Vessels.
Z-AA..............  (Reserved).........................  ...............
BB................  Benzene Emissions From Benzene                    X
                     Transfer Operations.
CC-EE.............  (Reserved).........................  ...............
FF................  Benzene Waste Operations...........               X
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).


[[Page 15969]]

* * * * *

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)(32)(i) to read 
as follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (32) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the New Mexico Environment Department 
for all sources. The ``X'' symbol is used to indicate each subpart that 
has been delegated. The delegations are subject to all of the 
conditions and limitations set forth in Federal law and regulations. 
Some authorities cannot be delegated and are retained by the EPA. These 
include certain General Provisions authorities and specific parts of 
some standards. Any amendments made to these rules after January 15, 
2017 are not delegated.

                          Delegation Status for Part 63 Standards--State of New Mexico
                                           [Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
             Subpart                             Source category                  NMED \1\ \2\   ABCAQCB \1\ \3\
----------------------------------------------------------------------------------------------------------------
A...............................  General Provisions..........................               X                X
D...............................  Early Reductions............................               X                X
F...............................  Hazardous Organic NESHAP (HON)--Synthetic                  X                X
                                   Organic Chemical Manufacturing Industry
                                   (SOCMI).
G...............................  HON--SOCMI Process Vents, Storage Vessels,                 X                X
                                   Transfer Operations and Wastewater.
H...............................  HON--Equipment Leaks........................               X                X
I...............................  HON--Certain Processes Negotiated Equipment                X                X
                                   Leak Regulation.
J...............................  Polyvinyl Chloride and Copolymers Production           (\4\)            (\4\)
K...............................  (Reserved)..................................  ...............  ...............
L...............................  Coke Oven Batteries.........................               X                X
M...............................  Perchloroethylene Dry Cleaning..............               X                X
N...............................  Chromium Electroplating and Chromium                       X                X
                                   Anodizing Tanks.
O...............................  Ethylene Oxide Sterilizers..................               X                X
P...............................  (Reserved)..................................  ...............  ...............
Q...............................  Industrial Process Cooling Towers...........               X                X
R...............................  Gasoline Distribution.......................               X                X
S...............................  Pulp and Paper Industry.....................               X                X
T...............................  Halogenated Solvent Cleaning................               X                X
U...............................  Group I Polymers and Resins.................               X                X
V...............................  (Reserved)..................................  ...............  ...............
W...............................  Epoxy Resins Production and Non-Nylon                      X                X
                                   Polyamides Production.
X...............................  Secondary Lead Smelting.....................               X                X
Y...............................  Marine Tank Vessel Loading..................               X                X
Z...............................  (Reserved)..................................  ...............  ...............
AA..............................  Phosphoric Acid Manufacturing Plants........               X                X
BB..............................  Phosphate Fertilizers Production Plants.....               X                X
CC..............................  Petroleum Refineries........................               X                X
DD..............................  Off-Site Waste and Recovery Operations......               X                X
EE..............................  Magnetic Tape Manufacturing.................               X                X
FF..............................  (Reserved)..................................  ...............  ...............
GG..............................  Aerospace Manufacturing and Rework                         X                X
                                   Facilities.
HH..............................  Oil and Natural Gas Production 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                    X                X
                                   Kraft, Soda, Sulfide, and Stand-Alone
                                   Semichemical Pulp Mills.
NN..............................  Wool Fiberglass Manufacturing Area Sources..               X   ...............
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 Standards..               X                X
VV..............................  Oil-Water Separators and Organic-Water                     X                X
                                   Separators.
WW..............................  Storage Vessels (Tanks)--Control Level 2....               X                X
XX..............................  Ethylene Manufacturing Process Units Heat                  X                X
                                   Exchange Systems and Waste Operations.
YY..............................  Generic Maximum Achievable Control                         X                X
                                   Technology Standards.
ZZ-BBB..........................  (Reserved)..................................  ...............  ...............
CCC.............................  Steel Pickling--HCI Process Facilities and                 X                X
                                   Hydrochloric Acid Regeneration.
DDD.............................  Mineral Wool Production.....................               X                X
EEE.............................  Hazardous Waste Combustors..................               X                X

[[Page 15970]]

 
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 Cracking                   X                X
                                   Units, Catalytic Reforming Units and Sulfur
                                   Recovery Plants.
VVV.............................  Publicly Owned Treatment Works (POTW).......               X                X
WWW.............................  (Reserved)..................................  ...............  ...............
XXX.............................  Ferroalloys Production: Ferromanganese and                 X                X
                                   Silicomanganese.
AAAA............................  Municipal Solid Waste Landfills.............               X                X
CCCC............................  Nutritional Yeast Manufacturing.............               X                X
DDDD............................  Plywood and Composite Wood Products.........           X \5\            X \5\
EEEE............................  Organic Liquids Distribution................               X                X
FFFF............................  Misc. Organic Chemical Production and                      X                X
                                   Processes (MON).
GGGG............................  Solvent Extraction for Vegetable Oil                       X                X
                                   Production.
HHHH............................  Wet Formed Fiberglass Mat Production........               X                X
IIII............................  Auto & Light Duty Truck (Surface Coating)...               X                X
JJJJ............................  Paper and other Web (Surface Coating).......               X                X
KKKK............................  Metal Can (Surface Coating).................               X                X
MMMM............................  Misc. Metal Parts and Products (Surface                    X                X
                                   Coating).
NNNN............................  Surface Coating of Large Appliances.........               X                X
OOOO............................  Fabric Printing Coating and Dyeing..........               X                X
PPPP............................  Plastic Parts (Surface Coating).............               X                X
QQQQ............................  Surface Coating of Wood Building Products...               X                X
RRRR............................  Surface Coating of Metal Furniture..........               X                X
SSSS............................  Surface Coating for Metal Coil..............               X                X
TTTT............................  Leather Finishing Operations................               X                X
UUUU............................  Cellulose Production Manufacture............               X                X
VVVV............................  Boat Manufacturing..........................               X                X
WWWW............................  Reinforced Plastic Composites Production....               X                X
XXXX............................  Rubber Tire Manufacturing...................               X                X
YYYY............................  Combustion Turbines.........................               X                X
ZZZZ............................  Reciprocating Internal Combustion Engines                  X                X
                                   (RICE).
AAAAA...........................  Lime Manufacturing Plants...................               X                X
BBBBB...........................  Semiconductor Manufacturing.................               X                X
CCCCC...........................  Coke Ovens: Pushing, Quenching and Battery                 X                X
                                   Stacks.
DDDDD...........................  Industrial/Commercial/Institutional Boilers            X \6\            X \6\
                                   and Process Heaters.
EEEEE...........................  Iron Foundries..............................               X                X
FFFFF...........................  Integrated Iron and Steel...................               X                X
GGGGG...........................  Site Remediation............................               X                X
HHHHH...........................  Miscellaneous Coating Manufacturing.........               X                X
IIIII...........................  Mercury Cell Chlor-Alkali Plants............               X                X
JJJJJ...........................  Brick and Structural Clay Products                     X \7\            (\7\)
                                   Manufacturing.
KKKKK...........................  Clay Ceramics Manufacturing.................           X \7\            (\7\)
LLLLL...........................  Asphalt Roofing and Processing..............               X                X
MMMMM...........................  Flexible Polyurethane Foam Fabrication                     X                X
                                   Operation.
NNNNN...........................  Hydrochloric Acid Production, Fumed Silica                 X                X
                                   Production.
OOOOO...........................  (Reserved)..................................
PPPPP...........................  Engine Test Facilities......................               X                X
QQQQQ...........................  Friction Products Manufacturing.............               X                X
RRRRR...........................  Taconite Iron Ore Processing................               X                X
SSSSS...........................  Refractory Products Manufacture.............               X                X
TTTTT...........................  Primary Magnesium Refining..................               X                X
UUUUU...........................  Coal and Oil-Fired Electric Utility Steam              X \8\            X \8\
                                   Generating Units.
VVVVV...........................  (Reserved)..................................  ...............  ...............
WWWWW...........................  Hospital Ethylene Oxide Sterilizers.........               X                X
XXXXX...........................  (Reserved)..................................  ...............  ...............
YYYYY...........................  Electric Arc Furnace Steelmaking Area                      X                X
                                   Sources.
ZZZZZ...........................  Iron and Steel Foundries Area Sources.......               X                X
AAAAAA..........................  (Reserved)..................................  ...............  ...............

[[Page 15971]]

 
BBBBBB..........................  Gasoline Distribution Bulk Terminals, Bulk                 X                X
                                   Plants, and Pipeline Facilities.
CCCCCC..........................  Gasoline Dispensing Facilities..............               X                X
DDDDDD..........................  Polyvinyl Chloride and Copolymers Production               X                X
                                   Area Sources.
EEEEEE..........................  Primary Copper Smelting Area Sources........               X                X
FFFFFF..........................  Secondary Copper Smelting Area Sources......               X                X
GGGGGG..........................  Primary Nonferrous Metals Area Source: Zinc,               X                X
                                   Cadmium, and Beryllium.
HHHHHH..........................  Paint Stripping and Miscellaneous Surface                  X                X
                                   Coating Operations at Area Sources.
IIIIII..........................  (Reserved)..................................  ...............  ...............
JJJJJJ..........................  Industrial, Commercial, and Institutional                  X                X
                                   Boilers Area Sources.
KKKKKK..........................  (Reserved)..................................  ...............  ...............
LLLLLL..........................  Acrylic and Modacrylic Fibers Production                   X                X
                                   Area Sources.
MMMMMM..........................  Carbon Black Production Area Sources........               X                X
NNNNNN..........................  Chemical Manufacturing Area Sources:                       X                X
                                   Chromium Compounds.
OOOOOO..........................  Flexible Polyurethane Foam Production and                  X                X
                                   Fabrication Area Sources.
PPPPPP..........................  Lead Acid Battery Manufacturing Area Sources               X                X
QQQQQQ..........................  Wood Preserving Area Sources................               X                X
RRRRRR..........................  Clay Ceramics Manufacturing Area Sources....               X                X
SSSSSS..........................  Glass Manufacturing Area Sources............               X                X
TTTTTT..........................  Secondary Nonferrous Metals Processing Area                X                X
                                   Sources.
UUUUUU..........................  (Reserved)..................................  ...............  ...............
VVVVVV..........................  Chemical Manufacturing Area Sources.........               X                X
WWWWWW..........................  Plating and Polishing Operations Area                      X                X
                                   Sources.
XXXXXX..........................  Metal Fabrication and Finishing Area Sources               X                X
YYYYYY..........................  Ferroalloys Production Facilities Area                     X                X
                                   Sources.
ZZZZZZ..........................  Aluminum, Copper, and Other Nonferrous                     X                X
                                   Foundries Area Sources.
AAAAAAA.........................  Asphalt Processing and Asphalt Roofing                     X                X
                                   Manufacturing Area Sources.
BBBBBBB.........................  Chemical Preparation Industry Area Sources..               X                X
CCCCCCC.........................  Paints and Allied Products Manufacturing                   X                X
                                   Area Sources.
DDDDDDD.........................  Prepared Feeds Areas Sources................               X                X
EEEEEEE.........................  Gold Mine Ore Processing and Production Area               X                X
                                   Sources.
FFFFFFF-GGGGGGG.................  (Reserved)..................................  ...............  ...............
HHHHHHH.........................  Polyvinyl Chloride and Copolymers Production               X                X
                                   Major Sources.
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which may not be delegated include: Sec.   63.6(g), Approval of Alternative Non-Opacity Emission
  Standards; Sec.   63.6(h)(9), Approval of Alternative Opacity Standards; Sec.   63.7(e)(2)(ii) and (f),
  Approval of Major Alternatives to Test Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified
  in the subparts (e.g., under ``Delegation of Authority'') that cannot be delegated.
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as
  amended in the Federal Register through January 15, 2017.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
  promulgated by the EPA, as amended in the Federal Register through September 13, 2013.
\4\ The NMED was previously delegated this subpart on February 9, 2004. The ABCAQCB has adopted the subpart
  unchanged and applied for delegation of the standard. The subpart was vacated and remanded to the EPA by the
  United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action
  Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is not
  delegated to NMED or ABCAQCB at this time.
\5\ This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia
  Circuit. See the Federal Register of October 29, 2007.
\6\ Final rule. See the Federal Register of March 21, 2011, as amended at January 31, 2013; November 20, 2015.
\7\ Final promulgated rule adopted by the EPA. See the Federal Register of October 26, 2015. Note that subpart
  KKKKK was amended to correct minor typographical errors. See the Federal Register of December 4, 2015. Note
  that the ABCAQCB has not yet applied for updated delegation of these standards.
\8\ Final Rule. See the Federal Register of February 16, 2012, as amended April 6, 2016. Final Supplemental
  Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units.
  See the Federal Register of April 25, 2016.

* * * * *
[FR Doc. 2018-07325 Filed 4-12-18; 8:45 am]
 BILLING CODE 6560-50-P


