[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Rules and Regulations]
[Pages 46107-46115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19801]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2016-0091; FRL-9982-62--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: Final rule; delegation of authority.

-----------------------------------------------------------------------

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 and amended between September 24, 2013 and 
January 15, 2017; certain NESHAP promulgated by the EPA and amended 
between January 1, 2011 and January 15, 2017; and other NESHAP 
promulgated by the EPA and amended between August 30, 2013 and January 
15, 2017, as adopted by the NMED. The delegation of authority under 
this action does not apply to sources located in Bernalillo County, New 
Mexico, or to sources located in areas defined as Indian Country. The 
EPA is providing notice that it is updating the delegation of certain 
NSPS to NMED, and taking final action to approve the delegation of 
certain NESHAP to NMED.

DATES: This rule is effective on October 12, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0091. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information 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 through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: [email protected].

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

Table of Contents

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

I. Background

    On April 13, 2018, EPA published a direct final rule and 
accompanying proposal approving the updated delegation of authority for 
implementation and enforcement of NSPS and NESHAPs for all sources 
(both part 70 and non-part 70 sources) to the NMED. The direct final 
rule and proposal were published without prior proposal because EPA 
anticipated no relevant adverse comments. See 83 FR 15964 and 83 FR 
16027, respectively. EPA stated in the direct final rule that if we 
receive relevant adverse comments by May 14, 2018, we would publish a 
timely withdrawal in the Federal Register, and all public comments 
received would be addressed in a subsequent final rule based on the 
proposed rule.
    EPA received an adverse comment on May 14, 2018, and accordingly 
withdrew the direct final rule on June 5, 2018, pursuant to sections 
111 and 112 of the CAA. See 83 FR 25936. The comment and our response 
to that comment follows below.

II. Response to Comment

    Comment: EPA received an anonymous adverse comment in response to 
the proposed rulemaking. The comment includes several personal 
observations and statements critical of New Mexico's ability to 
maintain and oversee its air quality programs. The commenter recommends 
that the proposed update to New Mexico's NESHAP delegation not be 
approved until EPA investigates the commenter's allegations and New 
Mexico has addressed the alleged deficiencies. See Docket for the 
entire comment.
    EPA's Response: We thank the commenter for the comment. Section 
112(l) of the Act and EPA's implementing regulations at 40 CFR part 63, 
subpart E primarily govern EPA's actions on State requests for 
delegation of authority to implement and enforce the NESHAP program. 
CAA section 112(l)(5)(B) states that EPA shall disapprove a NESHAP 
program submitted by a State if we find that adequate resources are not 
available to implement the program. See also 40 CFR 63.91(d)(3)(iii). 
Several concerns expressed by the commenter relate to the adequacy of 
resources (including the lack of technically experienced and qualified 
staff) maintained by the NMED Air Quality Bureau. NMED provided EPA 
with a response to those comments that included a description of 
current resources and experience within the Air Quality Bureau. See 
Docket for NMED's response. In addition, consistent with 40 CFR 
63.91(d)(2), New Mexico's delegation update request included a 
reference to its previous demonstration and a reaffirmation that the 
up-front approval criteria for delegation are still being met. Based on 
this information as well as discussions with the Compliance and 
Enforcement Division and the Criminal Investigation Division within EPA 
Region 6, we have not identified sufficient information to support the 
necessary finding for disapproval of the requested NESHAP

[[Page 46108]]

delegation update. The remainder of the commenter's concerns (e.g., 
meeting the requirements of EPA's compliance monitoring plan) relate to 
matters that are more appropriately addressed as part of our oversight 
responsibilities. EPA oversees NMED's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We 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 which decreased the stringency of 
the delegated standards, then NMED would 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). Our oversight authorities allow 
us to initiate withdrawal of the program delegation if the corrective 
actions taken are insufficient.

III. What does this action do?

    The EPA is providing notice that it is approving NMED's request 
updating the delegation for the implementation and enforcement of 
certain NSPS. The EPA is also taking 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 VII and VIII, below, for 
a discussion of which standards are being delegated and which are not 
being delegated.

IV. 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.

V. 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 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 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). 
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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The NESHAP delegation was most recently approved on February 2, 
2015 (80 FR 5475).

VI. 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).

VII. 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 VIII 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

[[Page 46109]]

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 VIII 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.

VIII. 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.
    All 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.

IX. 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.

X. 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).

XI. 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: Section 63.1, Applicability 
Determinations; Section 63.6(e), Operation and Maintenance 
Requirements--Responsibility for Determining Compliance; Section

[[Page 46110]]

63.6(f), Compliance with Non-Opacity Standards--Responsibility for 
Determining Compliance; Section 63.6(h), Compliance with Opacity and 
Visible Emissions Standards--Responsibility for Determining Compliance; 
Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans; 
Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods; 
Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives 
to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling 
Times and Volumes When Necessitated by Process Variables or Other 
Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of 
Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-
Specific Performance Evaluation (Monitoring) Test Plans; Section 
63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f), 
Approval of Intermediate Alternatives to Monitoring; Section 63.9 and 
63.10, Approval of Adjustments to Time Periods for Submitting Reports; 
Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and 
Reporting; and Section 63.7(a)(4), Extension of Performance Test 
Deadline.

XII. 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 63.91(b). Our 
oversight authorities allow us to initiate withdrawal of the program 
delegation if the corrective actions taken are insufficient.

XIII. 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 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, P.O. Box 5469, Santa Fe, 
New Mexico 87502-5469. 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

XIV. 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 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.

XV. Final Action

    We are approving the request by the NMED for the updated delegation 
of certain NSPS to NMED, and taking final action to approve the 
delegation of certain NESHAP to NMED, for all sources (both Title V and 
non-Title V sources). These updated regulations apply to certain NSPS 
promulgated by the EPA at 40 CFR part 60, as amended between September 
24, 2013 and January 15, 2017; certain NESHAP promulgated by the EPA at 
40 CFR part 61, as amended between January 1, 2011 and January 15, 
2017; and other NESHAP promulgated by the EPA at 40 CFR part 63, as 
amended between August 30, 2013 and January 15, 2017, as adopted by the 
NMED (See the amendatory language at the end of this document for the 
specific standards delegated). The delegation of authority under this 
action does not apply to sources located in Bernalillo County, New 
Mexico, or to sources located in areas defined as Indian Country.

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 
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

[[Page 46111]]

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 November 13, 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.

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: September 6, 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.

Subpart A--General Provisions

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


Sec.  60.4  Address.

* * * * *
    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, P.O. 
Box 5469, Santa Fe, New Mexico 87502-5469. Note: For a list of 
delegated standards for New Mexico (excluding Bernalillo County and 
Indian country), see paragraph (e)(1) of this section.
* * * * *
    (e) * * *
    (1) New Mexico. The New Mexico Environment Department has been 
delegated all part 60 standards promulgated by 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
 3. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

0
 4. Section 61.04 is amended by revising paragraphs (b)(33) and 
(c)(6)(iii) to read as follows:


Sec.  61.04  Address.

    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, P.O. 
Box 5469, Santa Fe, New Mexico 87502-5469. For a list of delegated 
standards for New Mexico (excluding Bernalillo County and Indian 
country), see paragraph (c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iii) New Mexico. The New Mexico Environment Department (NMED) has 
been delegated the following part 61 standards promulgated by 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               X
                                  Firing.
E..............................  Mercury...............               X
F..............................  Vinyl Chloride........               X
G..............................  (Reserved)............  ...............
H..............................  Emissions of            ...............
                                  Radionuclides Other
                                  Than Radon From
                                  Department of Energy
                                  Facilities.

[[Page 46112]]

 
I..............................  Radionuclide Emissions  ...............
                                  From Federal
                                  Facilities Other Than
                                  Nuclear Regulatory
                                  Commission Licensees
                                  and Not Covered by
                                  Subpart H.
J..............................  Equipment Leaks                      X
                                  (Fugitive Emission
                                  Sources) of Benzene.
K..............................  Radionuclide Emissions  ...............
                                  From Elemental
                                  Phosphorus Plants.
L..............................  Benzene Emissions From               X
                                  Coke By-Product
                                  Recovery Plants.
M..............................  Asbestos..............               X
N..............................  Inorganic Arsenic                    X
                                  Emissions From Glass
                                  Manufacturing Plants.
O..............................  Inorganic Arsenic                    X
                                  Emissions From
                                  Primary Copper
                                  Smelters.
P..............................  Inorganic Arsenic                    X
                                  Emissions From
                                  Arsenic Trioxide and
                                  Metallic Arsenic
                                  Production Facilities.
Q..............................  Radon Emissions From    ...............
                                  Department of Energy
                                  Facilities.
R..............................  Radon Emissions From    ...............
                                  Phosphogypsum Stacks.
S..............................  (Reserved)............  ...............
T..............................  Radon Emissions From    ...............
                                  the Disposal of
                                  Uranium Mill Tailings.
U..............................  (Reserved)............  ...............
V..............................  Equipment Leaks                      X
                                  (Fugitives Emission
                                  Sources).
W..............................  Radon Emissions From    ...............
                                  Operating Mill
                                  Tailings.
X..............................  (Reserved)............  ...............
Y..............................  Benzene Emissions From               X
                                  Benzene Storage
                                  Vessels.
Z-AA...........................  (Reserved)............  ...............
BB.............................  Benzene Emissions From               X
                                  Benzene Transfer
                                  Operations.
CC-EE..........................  (Reserved)............  ...............
FF.............................  Benzene Waste                        X
                                  Operations.
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).

PART 63--[AMENDED]

0
5. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
 6. Section 63.99 is amended by revising paragraph (a)(32)(i) to read 
as follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (32) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the New Mexico Environment Department 
for all sources. The ``X'' symbol is used to indicate each subpart that 
has been delegated. The delegations are subject to all of the 
conditions and limitations set forth in Federal law 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)--                 X                X
                                             Synthetic Organic Chemical
                                             Manufacturing Industry (SOCMI).
G.........................................  HON--SOCMI Process Vents, Storage                X                X
                                             Vessels, Transfer Operations and
                                             Wastewater.
H.........................................  HON--Equipment Leaks..............               X                X
I.........................................  HON--Certain Processes Negotiated                X                X
                                             Equipment Leak Regulation.
J.........................................  Polyvinyl Chloride and Copolymers            \(4)\            \(4)\
                                             Production.
K.........................................  (Reserved)........................  ...............  ...............
L.........................................  Coke Oven Batteries...............               X                X
M.........................................  Perchloroethylene Dry Cleaning....               X                X
N.........................................  Chromium Electroplating and                      X                X
                                             Chromium 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-                 X                X
                                             Nylon Polyamides Production.
X.........................................  Secondary Lead Smelting...........               X                X
Y.........................................  Marine Tank Vessel Loading........               X                X

[[Page 46113]]

 
Z.........................................  (Reserved)........................  ...............  ...............
AA........................................  Phosphoric Acid Manufacturing                    X                X
                                             Plants.
BB........................................  Phosphate Fertilizers Production                 X                X
                                             Plants.
CC........................................  Petroleum Refineries..............               X                X
DD........................................  Off-Site Waste and Recovery                      X                X
                                             Operations.
EE........................................  Magnetic Tape Manufacturing.......               X                X
FF........................................  (Reserved)........................  ...............  ...............
GG........................................  Aerospace Manufacturing and Rework               X                X
                                             Facilities.
HH........................................  Oil and Natural Gas Production                   X                X
                                             Facilities.
II........................................  Shipbuilding and Ship Repair                     X                X
                                             Facilities.
JJ........................................  Wood Furniture Manufacturing                     X                X
                                             Operations.
KK........................................  Printing and Publishing Industry..               X                X
LL........................................  Primary Aluminum Reduction Plants.               X                X
MM........................................  Chemical Recovery Combustion                     X                X
                                             Sources at Kraft, Soda, Sulfide,
                                             and Stand-Alone Semichemical Pulp
                                             Mills.
NN........................................  Wool Fiberglass Manufacturing Area               X   ...............
                                             Sources.
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                     X                X
                                             Devices, Recovery Devices and
                                             Routing to a Fuel Gas System or a
                                             Process.
TT........................................  Equipment Leaks--Control Level 1..               X                X
UU........................................  Equipment Leaks--Control Level 2                 X                X
                                             Standards.
VV........................................  Oil--Water Separators and Organic--              X                X
                                             Water Separators.
WW........................................  Storage Vessels (Tanks)--Control                 X                X
                                             Level 2.
XX........................................  Ethylene Manufacturing Process                   X                X
                                             Units Heat Exchange Systems and
                                             Waste Operations.
YY........................................  Generic Maximum Achievable Control               X                X
                                             Technology Standards.
ZZ-BBB....................................  (Reserved)........................  ...............  ...............
CCC.......................................  Steel Pickling--HCI Process                      X                X
                                             Facilities and Hydrochloric Acid
                                             Regeneration.
DDD.......................................  Mineral Wool Production...........               X                X
EEE.......................................  Hazardous Waste Combustors........               X                X
FFF.......................................  (Reserved)........................  ...............  ...............
GGG.......................................  Pharmaceuticals Production........               X                X
HHH.......................................  Natural Gas Transmission and                     X                X
                                             Storage Facilities.
III.......................................  Flexible Polyurethane Foam                       X                X
                                             Production.
JJJ.......................................  Group IV Polymers and Resins......               X                X
KKK.......................................  (Reserved)........................  ...............  ...............
LLL.......................................  Portland Cement Manufacturing.....               X                X
MMM.......................................  Pesticide Active Ingredient                      X                X
                                             Production.
NNN.......................................  Wool Fiberglass Manufacturing.....               X                X
OOO.......................................  Amino/Phenolic Resins.............               X                X
PPP.......................................  Polyether Polyols Production......               X                X
QQQ.......................................  Primary Copper Smelting...........               X                X
RRR.......................................  Secondary Aluminum Production.....               X                X
SSS.......................................  (Reserved)........................  ...............  ...............
TTT.......................................  Primary Lead Smelting.............               X                X
UUU.......................................  Petroleum Refineries--Catalytic                  X                X
                                             Cracking Units, Catalytic
                                             Reforming Units and Sulfur
                                             Recovery Plants.
VVV.......................................  Publicly Owned Treatment Works                   X                X
                                             (POTW).
WWW.......................................  (Reserved)........................  ...............  ...............
XXX.......................................  Ferroalloys Production:                          X                X
                                             Ferromanganese and
                                             Silicomanganese.
AAAA......................................  Municipal Solid Waste Landfills...               X                X
CCCC......................................  Nutritional Yeast Manufacturing...               X                X
DDDD......................................  Plywood and Composite Wood                   X \5\            X \5\
                                             Products.
EEEE......................................  Organic Liquids Distribution......               X                X
FFFF......................................  Misc. Organic Chemical Production                X                X
                                             and Processes (MON).
GGGG......................................  Solvent Extraction for Vegetable                 X                X
                                             Oil Production.
HHHH......................................  Wet Formed Fiberglass Mat                        X                X
                                             Production.
IIII......................................  Auto and Light Duty Truck (Surface               X                X
                                             Coating).
JJJJ......................................  Paper and other Web (Surface                     X                X
                                             Coating).
KKKK......................................  Metal Can (Surface Coating).......               X                X
MMMM......................................  Misc. Metal Parts and Products                   X                X
                                             (Surface Coating).
NNNN......................................  Surface Coating of Large                         X                X
                                             Appliances.
OOOO......................................  Fabric Printing Coating and Dyeing               X                X
PPPP......................................  Plastic Parts (Surface Coating)...               X                X
QQQQ......................................  Surface Coating of Wood Building                 X                X
                                             Products.
RRRR......................................  Surface Coating of Metal Furniture               X                X
SSSS......................................  Surface Coating for Metal Coil....               X                X
TTTT......................................  Leather Finishing Operations......               X                X

[[Page 46114]]

 
UUUU......................................  Cellulose Production Manufacture..               X                X
VVVV......................................  Boat Manufacturing................               X                X
WWWW......................................  Reinforced Plastic Composites                    X                X
                                             Production.
XXXX......................................  Rubber Tire Manufacturing.........               X                X
YYYY......................................  Combustion Turbines...............               X                X
ZZZZ......................................  Reciprocating Internal Combustion                X                X
                                             Engines (RICE).
AAAAA.....................................  Lime Manufacturing Plants.........               X                X
BBBBB.....................................  Semiconductor Manufacturing.......               X                X
CCCCC.....................................  Coke Ovens: Pushing, Quenching and               X                X
                                             Battery Stacks.
DDDDD.....................................  Industrial/Commercial/                       X \6\            X \6\
                                             Institutional Boilers and Process
                                             Heaters.
EEEEE.....................................  Iron Foundries....................               X                X
FFFFF.....................................  Integrated Iron and Steel.........               X                X
GGGGG.....................................  Site Remediation..................               X                X
HHHHH.....................................  Miscellaneous Coating                            X                X
                                             Manufacturing.
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                       X                X
                                             Fabrication Operation.
NNNNN.....................................  Hydrochloric Acid Production,                    X                X
                                             Fumed Silica Production.
OOOOO.....................................  (Reserved)........................  ...............  ...............
PPPPP.....................................  Engine Test Facilities............               X                X
QQQQQ.....................................  Friction Products Manufacturing...               X                X
RRRRR.....................................  Taconite Iron Ore Processing......               X                X
SSSSS.....................................  Refractory Products Manufacture...               X                X
TTTTT.....................................  Primary Magnesium Refining........               X                X
UUUUU.....................................  Coal and Oil-Fired Electric                  X \8\            X \8\
                                             Utility Steam Generating Units.
VVVVV.....................................  (Reserved)........................  ...............  ...............
WWWWW.....................................  Hospital Ethylene Oxide                          X                X
                                             Sterilizers.
XXXXX.....................................  (Reserved)........................  ...............  ...............
YYYYY.....................................  Electric Arc Furnace Steelmaking                 X                X
                                             Area Sources.
ZZZZZ.....................................  Iron and Steel Foundries Area                    X                X
                                             Sources.
AAAAAA....................................  (Reserved)........................  ...............  ...............
BBBBBB....................................  Gasoline Distribution Bulk                       X                X
                                             Terminals, Bulk Plants, and
                                             Pipeline Facilities.
CCCCCC....................................  Gasoline Dispensing Facilities....               X                X
DDDDDD....................................  Polyvinyl Chloride and Copolymers                X                X
                                             Production Area Sources.
EEEEEE....................................  Primary Copper Smelting Area                     X                X
                                             Sources.
FFFFFF....................................  Secondary Copper Smelting Area                   X                X
                                             Sources.
GGGGGG....................................  Primary Nonferrous Metals Area                   X                X
                                             Source: Zinc, Cadmium, and
                                             Beryllium.
HHHHHH....................................  Paint Stripping and Miscellaneous                X                X
                                             Surface Coating Operations at
                                             Area Sources.
IIIIII....................................  (Reserved)........................  ...............  ...............
JJJJJJ....................................  Industrial, Commercial, and                      X                X
                                             Institutional Boilers Area
                                             Sources.
KKKKKK....................................  (Reserved)........................  ...............  ...............
LLLLLL....................................  Acrylic and Modacrylic Fibers                    X                X
                                             Production Area Sources.
MMMMMM....................................  Carbon Black Production Area                     X                X
                                             Sources.
NNNNNN....................................  Chemical Manufacturing Area                      X                X
                                             Sources: Chromium Compounds.
OOOOOO....................................  Flexible Polyurethane Foam                       X                X
                                             Production and Fabrication Area
                                             Sources.
PPPPPP....................................  Lead Acid Battery Manufacturing                  X                X
                                             Area Sources.
QQQQQQ....................................  Wood Preserving Area Sources......               X                X
RRRRRR....................................  Clay Ceramics Manufacturing Area                 X                X
                                             Sources.
SSSSSS....................................  Glass Manufacturing Area Sources..               X                X
TTTTTT....................................  Secondary Nonferrous Metals                      X                X
                                             Processing Area Sources.
UUUUUU....................................  (Reserved)........................  ...............  ...............
VVVVVV....................................  Chemical Manufacturing Area                      X                X
                                             Sources.
WWWWWW....................................  Plating and Polishing Operations                 X                X
                                             Area Sources.
XXXXXX....................................  Metal Fabrication and Finishing                  X                X
                                             Area Sources.
YYYYYY....................................  Ferroalloys Production Facilities                X                X
                                             Area Sources.
ZZZZZZ....................................  Aluminum, Copper, and Other                      X                X
                                             Nonferrous Foundries Area Sources.
AAAAAAA...................................  Asphalt Processing and Asphalt                   X                X
                                             Roofing Manufacturing Area
                                             Sources.
BBBBBBB...................................  Chemical Preparation Industry Area               X                X
                                             Sources.
CCCCCCC...................................  Paints and Allied Products                       X                X
                                             Manufacturing Area Sources.
DDDDDDD...................................  Prepared Feeds Areas Sources......               X                X
EEEEEEE...................................  Gold Mine Ore Processing and                     X                X
                                             Production Area Sources.
FFFFFFF--GGGGGGG..........................  (Reserved)........................  ...............  ...............
HHHHHHH...................................  Polyvinyl Chloride and Copolymers                X                X
                                             Production Major Sources.
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which may not be delegated include: Sec.   63.6(g), Approval of Alternative Non-Opacity Emission
  Standards; Sec.   63.6(h)(9), Approval of Alternative Opacity Standards; Sec.   63.7(e)(2)(ii) and (f),
  Approval of Major Alternatives to Test Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified
  in the subparts (e.g., under ``Delegation of Authority'') that cannot be delegated.

[[Page 46115]]

 
\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 (68 FR 69036). 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 72 FR 61060 (October 29, 2007).
\6\ Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November
  20, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.
\7\ Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart
  KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the
  ABCAQCB has not yet applied for updated delegation of these standards.
\8\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental
  Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units.
  See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB has not yet applied for updated delegation of these
  standards.

* * * * *
[FR Doc. 2018-19801 Filed 9-11-18; 8:45 am]
 BILLING CODE 6560-50-P


