80 FR 8799 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-Bernalillo County Air Quality Control Board

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 33 (February 19, 2015)

Page Range		8799-8807
FR Document		2015-03482

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). The delegation of authority under this action applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian Country. EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

Federal Register, Volume 80 Issue 33 (Thursday, February 19, 2015)

[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Rules and Regulations]
[Pages 8799-8807]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-03482]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2007-1205; FRL9923-05-Region 6]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The Albuquerque-Bernalillo County Air Quality Control Board
(ABCAQCB) has submitted updated regulations for receiving delegation of
the Environmental Protection Agency (EPA) authority for implementation
and enforcement of New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAPs) for all
sources (both part 70 and non-part 70 sources). The delegation of
authority under this action applies only to sources located in
Bernalillo County, New Mexico, and does not extend to sources located
in Indian Country. EPA is providing notice that it is updating the
delegation of certain NSPS to ABCAQCB, and taking direct final action
to approve the delegation of certain NESHAPs to ABCAQCB.

DATES: This rule is effective on April 20, 2015 without further notice,
unless EPA receives relevant adverse comment by March 23, 2015. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the updated NESHAPs
delegation will not take effect; however, the NSPS delegation will not
be affected by such action.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2007-1205, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. Rick Barrett at barrett.richard@epa.gov. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Mail or delivery: Mr. Rick Barrett, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
1205. EPA's policy is that all comments received will be included in
the public

[[Page 8800]]

docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information through http://www.regulations.gov or email, if you believe that it is CBI or
otherwise protected from disclosure. The http://www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment along with
any disk or CD-ROM submitted. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, (214) 665-7227,
barrett.richard@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Mr. Barrett or Mr. Bill Deese at (214)
665-7253.

Table of Contents

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

I. What does this action do?

EPA is providing notice that it is delegating authority for
implementation and enforcement of certain NSPS to ABCAQCB. EPA is also
taking direct final action to approve the delegation of certain NESHAPs
to ABCAQCB. With this delegation, ABCAQCB has the primary
responsibility to implement and enforce the delegated standards.

II. What is the authority for delegation?

Section 111(c)(1) of the Clean Air Act (CAA) authorizes EPA to
delegate authority to any state agency which submits adequate
regulatory procedures for implementation and enforcement of the NSPS
program. In addition, a state may authorize a local agency to carry out
a plan (program) within the local agency's jurisdiction under certain
conditions. See 40 CFR 60.26(e). The NSPS standards are codified at 40
CFR part 60.
Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes
EPA to delegate authority to any state or local agency which submits an
adequate regulatory program for implementation and enforcement of
emission standards for hazardous air pollutants. The hazardous air
pollutant standards are codified at 40 CFR parts 61 and 63.

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

In order to receive delegation of NSPS a state must develop and
submit to the EPA a procedure for implementing and enforcing the NSPS
in the state, or in the local agency's jurisdiction as discussed above,
and their regulations and resources must be adequate for the
implementation and enforcement of the NSPS. EPA initially approved the
ABCAQCB program for the delegation of NSPS on December 20, 1989 (54 FR
52031). EPA reviewed the rules and regulations of the ABCAQCB and
determined the ABCAQCB's procedures, regulations and resources adequate
for the implementation and enforcement of the Federal standards. The
NSPS delegation was most recently updated on December 9, 2005 (70 FR
73138). This action notifies the public that EPA is updating ABCAQCB's
delegation to implement and enforce certain additional NSPS.
As to the NESHAP standards in 40 CFR parts 61 and 63, section
112(l)(5) of the CAA enables EPA to approve state air toxics programs
or rules to operate in place of the Federal air toxics program or
rules. 40 CFR part 63, subpart E governs EPA's approval of State
programs or rules under section 112(l).
EPA will approve the State's submittal of a program for
implementation and enforcement of the NESHAPs if we find that:
(1) The State program is ``no less stringent'' than the
corresponding Federal program or rule;
(2) The State has adequate authority and resources to implement the
program;
(3) The schedule for implementation and compliance is sufficiently
expeditious; and
(4) The program otherwise complies with Federal guidance.
In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), a State must demonstrate that it meets the approval
criteria of 40 CFR 63.91(d). 40 CFR 63.91(d)(3) provides that interim
or final Title V program approval will satisfy the criteria of 40 CFR
63.91(d) for part 70 sources (sources required to obtain Title V
operating permits pursuant to the Clean Air Act).

IV. How did ABCAQCB meet the approval criteria?

As to the NSPS standards in 40 CFR part 60, ABCAQCB adopted the
Federal standards via incorporation by reference. The ABCAQCB
regulations are, therefore, at least as stringent as EPA's rules. See
40 CFR 60.10(a). Also, in the EPA initial approval of NSPS delegation,
we determined that ABCAQCB developed procedures for implementing and
enforcing the NSPS in Bernalillo County, and that ABCAQCB's regulations
and resources are adequate for the implementation and enforcement of
the Federal standards. See 54 FR 52031 (December 20, 1989).
As to the NESHAP standards in 40 CFR parts 61 and 63, as part of
its Title V submission ABCAQCB stated that it intended to use the
mechanism of incorporation by reference to adopt unchanged Federal
section 112 standards into its regulations. This commitment applied to
both existing and future standards as they applied to part 70 sources.
EPA's final interim approval of ABCAQCB's Title V operating permits
program delegated the authority to implement certain NESHAPs on March
10, 1995 (60 FR

[[Page 8801]]

13046). On November 26, 1996, EPA promulgated final full approval of
the ABCAQCB's operating permits program. (61 FR 60032). These interim
and final title V program approvals satisfy the upfront approval
criteria of 40 CFR 63.91(d). Under 40 CFR 63.91(d)(2), once a state has
satisfied the up-front approval criteria, it needs only to reference
the previous demonstration and reaffirm that it still meets the
criteria for any subsequent submittals for delegation of the section
112 standards. ABCAQCB has affirmed that it still meets the up-front
approval criteria.

V. What is being delegated?

By letter dated December 14, 2006, EPA received a request from
ABCAQCB to update their NSPS delegation and NESHAPs delegation. With
certain exceptions noted in section VI below, ABCAQCB's request
included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63,
as amended between July 2, 2004 and October 28, 2006.
By letter dated January 16, 2009, EPA received a second request
from ABCAQCB to update their NSPS delegation and NESHAPs delegation.
With certain exceptions noted in section VI below, ABCAQCB's request
included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63,
as amended between October 29, 2006 and August 1, 2008.
By letter dated November 18, 2011, EPA received a third request
from ABCAQCB to update their NSPS delegation and NESHAPs delegation.
With certain exceptions noted in section VI below, ABCAQCB's request
included NSPS in 40 CFR part 60, and NESHAPs in 40 CFR parts 61 and 63,
as amended between August 2, 2008, and August 29, 2011.
By letter dated January 15, 2014, EPA received a fourth request
from ABCAQCB to update ABCAQCB's NSPS delegation and NESHAPs
delegation. With certain exceptions noted in section VI below,
ABCAQCB's request included NSPS in 40 CFR part 60, and NESHAPs in 40
CFR parts 61 and 63, as amended between August 30, 2011, and September
13, 2013.

VI. What is not being delegated?

The following part 60, 61 and 63 authorities listed below are not
delegated. All of the inquiries and requests concerning implementation
and enforcement of the excluded standards for the ABCAQCB should be
directed to the EPA Region 6 Office.
40 CFR Part 60, Subpart AAA (Standards of Performance for
New Residential Wood Heaters);
40 CFR Part 61, Subpart B (National Emission Standards for
Radon Emissions from Underground Uranium Mines);
40 CFR Part 61, Subpart H (National Emission Standards for
Emissions of Radionuclides Other Than Radon From Department of Energy
Facilities);
40 CFR Part 61, Subpart I (National Emission Standards for
Radionuclide Emissions from Federal Facilities Other Than Nuclear
Regulatory Commission Licensees and Not Covered by Subpart H);
40 CFR Part 61, Subpart K (National Emission Standards for
Radionuclide Emissions from Elemental Phosphorus Plants);
40 CFR Part 61, Subpart Q (National Emission Standards for
Radon Emissions from Department of Energy facilities);
40 CFR Part 61, Subpart R (National Emission Standards for
Radon Emissions from Phosphogypsum Stacks);
40 CFR Part 61, Subpart T (National Emission Standards for
Radon Emissions from the Disposal of Uranium Mill Tailings); and
40 CFR Part 61, Subpart W (National Emission Standards for
Radon Emissions from Operating Mill Tailings).
In addition, EPA cannot delegate to a State or local authority any
of the Category II Subpart A authorities set forth in 40 CFR
63.91(g)(2). These include the following provisions: 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 63 standards have certain provisions that cannot be delegated
to the States. Therefore, any Part 63 standard that EPA is delegating
to ABCAQCB that provides that certain authorities cannot be delegated
are retained by EPA and not delegated. Furthermore, no authorities are
delegated that require rulemaking in the Federal Register to implement,
or where Federal overview is the only way to ensure national
consistency in the application of the standards or requirements of CAA
section 112. Finally, section 112(r), the accidental release program
authority, is not being delegated by this approval.
In addition, this delegation to ABCAQCB to implement and enforce
certain NSPS and NESHAPs does not extend to sources or activities
located in Indian country, as defined in 18 U.S.C. 1151. Under this
definition, EPA treats as reservations, trust lands validly set aside
for the use of a Tribe even if the trust lands have not been formally
designated as a reservation. Consistent with previous federal program
approvals or delegations, EPA will continue to implement the NSPS and
NESHAPs in Indian country because ABCAQCB has not submitted information
to demonstrate authority over sources and activities located within the
exterior boundaries of Indian reservations and other areas in Indian
country.

VII. How will applicability determinations be made?

In approving the NSPS delegation, ABCAQCB will obtain concurrence
from EPA on any matter involving the interpretation of section 111 of
the CAA or 40 CFR part 60 to the extent that application,
implementation, administration, or enforcement of these provisions have
not been covered by prior EPA determinations or guidance. See 54 FR
52031 (December 20, 1989).
In approving the NESHAPs delegation, ABCAQCB will obtain
concurrence from EPA on any matter involving the interpretation of
section 112 of the CAA or 40 CFR parts 61 and 63 to the extent that
application, implementation, administration, or enforcement of these
provisions have not been covered by prior EPA determinations or
guidance.

VIII. What authority does EPA have?

We retain the right, as provided by CAA section 111(c)(2), to
enforce any applicable emission standard or requirement under section
111.
We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under section
112. EPA also has the authority to make certain decisions under the
General Provisions (subpart A) of part 63. We are granting ABCAQCB some
of these authorities, and retaining others, as explained in sections V
and VI above. In addition, EPA may review and disapprove determinations
by State and local authorities and subsequently require corrections.
(See 40 CFR 63.91(g) and 65 FR 55810, 55823, September 14, 2000, as
amended at 70 FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to

[[Page 8802]]

provisions of the standard. Also, listed in the footnotes of the part
63 delegation table at the end of this rule are the authorities that
cannot be delegated to any State or local agency which we therefore
retain.
Finally, we retain the authorities stated in the initial notice of
delegation of authority. See 54 FR 52031 (December 20, 1989).

IX. What information must ABCAQCB provide to EPA?

Under 40 CFR 60.4(b), all notifications under NSPS must be sent to
both EPA and to ABCAQCB. Please send notifications and reports to
Chief, Air/Toxics Inspection and Coordination Branch at the EPA Region
6 office.
ABCAQCB must provide any additional compliance related information
to EPA, Region 6, Office of Enforcement and Compliance Assurance,
within 45 days of a request under 40 CFR 63.96(a). In receiving
delegation for specific General Provisions authorities, ABCAQCB must
submit to EPA Region 6, on a semi-annual basis, copies of
determinations issued under these authorities. For 40 CFR parts 61 and
63 standards, these determinations include: Section 63.1, Applicability
Determinations; Section 63.6(e), Operation and Maintenance
Requirements--Responsibility for Determining Compliance; Section
63.6(f), Compliance with Non-Opacity Standards--Responsibility for
Determining Compliance; Section 63.6(h), Compliance with Opacity and
Visible Emissions Standards--Responsibility for Determining Compliance;
Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans;
Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods;
Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives
to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling
Times and Volumes When Necessitated by Process Variables or Other
Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of
Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-
Specific Performance Evaluation (Monitoring) Test Plans; Section
63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f),
Approval of Intermediate Alternatives to Monitoring; Section 63.9 and
63.10, Approval of Adjustments to Time Periods for Submitting Reports;
Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and
Reporting; Section 63.7(a)(4), Extension of Performance Test Deadline.

X. What is EPA's oversight role?

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

XI. Should sources submit notices to EPA or ABCAQCB?

All of the information required pursuant to the Federal NSPS and
NESHAPs (40 CFR parts 60, 61 and 63) should be submitted by sources
located inside the boundaries of Bernalillo County and areas outside of
Indian country, directly to the ABCAQCB at the following address: City
of Albuquerque, Albuquerque Environmental Health Department, P.O. Box
1293, Albuquerque, NM 87103. The ABCAQCB is the primary point of
contact with respect to delegated NSPS and NESHAPs. Sources do not need
to send a copy to EPA. EPA Region 6 waives the requirement that
notifications and reports for delegated standards be submitted to EPA
in addition to ABCAQCB, in accordance with 40 CFR 63.9(a)(4)(ii) and
63.10(a)(4)(ii). Also, see 51 FR 20648 (June 6, 1986). For those
standards that are not delegated, sources must continue to submit all
appropriate information to EPA.

XII. How will unchanged authorities be delegated to ABCAQCB in the
future?

In the future, ABCAQCB will only need to send a letter of request
to update their delegation to EPA, Region 6, for those NSPS which they
have adopted by reference. EPA will amend the relevant portions of the
Code of Federal Regulations showing which NSPS standards have been
delegated to ABCAQCB. Also, in the future, ABCAQCB will only need to
send a letter of request for approval to EPA, Region 6, for those
NESHAPs regulations that ABCAQCB has adopted by reference. The letter
must reference the previous up-front approval demonstration and
reaffirm that it still meets the up-front approval criteria. We will
respond in writing to the request stating that the request for
delegation is either granted or denied. A Federal Register action will
be published to inform the public and affected sources of the
delegation, indicate where source notifications and reports should be
sent, and to amend the relevant portions of the Code of Federal
Regulations showing which NESHAP standards have been delegated to
ABCAQCB.

XIII. Final Action

The public was provided the opportunity to comment on the proposed
interim approval (60 FR 2570) and direct final interim approval (60 FR
2527) of ABCAQCB's Title V operating permit program, and mechanism for
delegation of section 112 standards as they apply to part 70 sources,
on January 10, 1995. On March 10, 1995, EPA published an informational
notice in the Federal Register informing the public that the direct
final interim approval would remain final. (60 FR 13046). In today's
action, the public is given the opportunity to comment on the approval
of ABCAQCB's request for delegation of authority to implement and
enforce certain section 112 standards for all sources (both part 70 and
non-part 70 sources) which have been adopted by reference into
ABCAQCB's regulations. However, the Agency views the approval of these
requests as a noncontroversial action and anticipates no adverse
comments. Therefore, EPA is publishing this rule without prior
proposal. However, in the ``Proposed Rules'' section of today's Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the program and NESHAPs delegation of
authority described in this action if adverse comments are received.
This action will be effective April 20, 2015 without further notice
unless the Agency receives relevant adverse comments by March 23, 2015.
If EPA receives relevant adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect with respect to the updated NESHAPs delegation. We will
address all public comments in a subsequent final rule based on the
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. Please note that if we receive relevant adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of a relevant adverse
comment.

[[Page 8803]]

XIV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the delegation is not approved to apply in Indian country
located in the State, and the EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
This action also does not have Federalism implications because it does
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state request to receive delegation of
certain Federal standards, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing delegation submissions, EPA's role is to approve
submissions, provided that they meet the criteria of the Clean Air Act.
In this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a delegation submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA to use VCS in place of
a delegation submission that otherwise satisfies the provisions of the
Clean Air Act. Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 20, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 60

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

40 CFR Part 61

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

40 CFR Part 63

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

Dated: January 28, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.

For the reasons stated in the preamble, 40 CFR parts 60, 61, and 63
are amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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 paragraph (e)(3) to read as
follows:

Sec. 60.4 Address.

* * * * *
(e) * * *
(3) Albuquerque-Bernalillo County Air Quality Control Board. The
Albuquerque-Bernalillo County Air Quality Control Board has been
delegated all part 60 standards promulgated by EPA, except subpart
AAA--Standards of Performance for New Residential Wood Heaters, as
amended in the Federal Register through September 13, 2013.

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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 paragraph (c)(6)(vi) to read as
follows:

Sec. 61.04 Address.

* * * * *
(c) * * *
(6) * * *
(vi) Albuquerque-Bernalillo County, New Mexico. The Albuquerque-
Bernalillo County Air Quality Control Board (ABCAQCB) has been
delegated the following part 61 standards promulgated by EPA, as
amended in the Federal Register through September 13, 2013. The (X)
symbol is used to indicate each subpart that has been delegated.

[[Page 8804]]

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

* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

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 state and local air pollution agencies
in New Mexico. The ``X'' symbol is used to indicate each subpart that
has been delegated. The delegations are subject to all of the
conditions and limitations set forth in Federal law, regulations,
policy, guidance, and determinations. Some authorities cannot be
delegated and are retained by EPA. These include certain General
Provisions authorities and specific parts of some standards. Any
amendments made to these rules after September 13, 2013, are not
delegated.

Delegation Status for Part 63 Standards--State of New Mexico
[Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
Subpart Source category NMED 1 2 ABCAQCB 1 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

[[Page 8805]]

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
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........................................ (Reserved)........................ ............... ...............
OO........................................ Tanks-Level 1..................... X X
PP........................................ Containers........................ X X
QQ........................................ Surface Impoundments.............. X X
RR........................................ Individual Drain Systems.......... X X
SS........................................ Closed Vent Systems, Control 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 \5\ X \5\ X
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 & Light Duty Truck (Surface X X
Coating).

[[Page 8806]]

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
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/ \6\ X \6\ X
Institutional Boilers and Process
Heaters.
EEEEE..................................... Iron and Steel 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 (\7\) (\7\)
Manufacturing.
KKKKK..................................... Clay Ceramics Manufacturing....... (\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 \8\ X \8\ X
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.

[[Page 8807]]

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.
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended
in the Federal Register through August 29, 2013.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
promulgated by EPA, as amended in the Federal Register through September 13, 2013.
\4\ The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted
the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to EPA
by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental
Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the DC Court's holding this subpart is not
delegated to NMED or ABCAQCB at this time.
\5\ This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of
Appeals for the District of Columbia Circuit.
\6\ Final rule. See 78 FR 7138 (January 31, 2013).
\7\ This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of
Columbia Circuit on March 13, 2007. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the DC
Court's holding this subpart is not delegated to NMED or ABCAQCB at this time.
\8\ Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues
on April 24, 2013 (78 FR 24073). Portions of this subpart are in proposed reconsideration pending final action
on June 25, 2013 (78 FR 38001).

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

Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8799

Subpart G—Control Strategy CFR part 51, subpart A. The detail of the ENVIRONMENTAL PROTECTION
emissions inventory shall be consistent AGENCY
■ 10. In § 51.122: with the data elements required by 40
■ a. Revise paragraphs (a), (c)(1)(i), CFR part 51, subpart A. When 40 CFR Parts 60, 61, and 63
(c)(2), (c)(3), (f), and (g). submitting a formal NOX Budget
■ b. Remove and reserve paragraph (d).
[EPA–R06–OAR–2007–1205; FRL9923–05–
Emissions Report and associated data, Region 6]
The revisions read as follows:
states shall notify the appropriate EPA
§ 51.122 Emissions reporting Regional Office. New Source Performance Standards
requirements for SIP revisions relating to and National Emission Standards for
budgets for NOX emissions. Subpart X—Provisions for Hazardous Air Pollutants; Delegation
(a) As used in this section, words and Implementation of 8-hour Ozone of Authority to Albuquerque-Bernalillo
terms shall have the meanings set forth National Ambient Air Quality Standard County Air Quality Control Board
in § 51.50. In addition, the following AGENCY: Environmental Protection
terms shall apply to this section: ■ 11. In § 51.900, add paragraph (v) to Agency (EPA).
(1) Ozone season emissions means read as follows: ACTION: Direct final rule; delegation of
emissions during the period from May
authority.
1 through September 30 of a year. § 51.900 Definitions.
(2) Summer day emissions means an * * * * * SUMMARY: The Albuquerque-Bernalillo
average day’s emissions for a typical County Air Quality Control Board
summer work weekday. The state will (v) Summer day emissions means an
average day’s emissions for a typical (ABCAQCB) has submitted updated
select the particular month(s) in regulations for receiving delegation of
summer and the day(s) in the work summer work weekday. The state will
the Environmental Protection Agency
week to be represented. select the particular month(s) in
(EPA) authority for implementation and
* * * * * summer and the day(s) in the work enforcement of New Source
(c) * * * week to be represented. The selection of Performance Standards (NSPS) and
(1) * * * conditions should be coordinated with National Emission Standards for
(i) The state must report to EPA the conditions assumed in the Hazardous Air Pollutants (NESHAPs)
emissions data from all NOX sources development of RFP plans, ROP plans for all sources (both part 70 and non-
within the state for which the state and demonstrations, and/or emissions part 70 sources). The delegation of
specified control measures in its SIP budgets for transportation conformity, to authority under this action applies only
submission under § 51.121(g), including allow comparability of daily emission to sources located in Bernalillo County,
all sources for which the state has estimates. New Mexico, and does not extend to
adopted measures that differ from the sources located in Indian Country. EPA
measures incorporated into the baseline ■ 12. Revise § 51.915 to read as follows:
is providing notice that it is updating
inventory for the year 2007 that the state § 51.915 What emissions inventory the delegation of certain NSPS to
developed in accordance with requirements apply under the 8-hour ABCAQCB, and taking direct final
§ 51.121(g).The state must also report to NAAQS? action to approve the delegation of
EPA ozone season emissions of NOX certain NESHAPs to ABCAQCB.
and summer day emissions of NOX from For each nonattainment area subject
DATES: This rule is effective on April 20,
any point, nonpoint, onroad mobile, or to subpart 2 in accordance with
§ 51.903, the emissions inventory 2015 without further notice, unless EPA
nonroad mobile source for which the receives relevant adverse comment by
state specified control measures in its requirements in sections 182(a)(1) and
March 23, 2015. If EPA receives such
SIP submission under § 51.121(g). 182(a)(3) of the Act shall apply, and
comment, EPA will publish a timely
* * * * * such SIP shall be due no later 2 years withdrawal in the Federal Register
(2) For the 3-year cycle reporting, after designation. For each informing the public that the updated
each plan must provide for triennial nonattainment area subject only to title NESHAPs delegation will not take
(i.e., every third year) reporting of NOX I, part D, subpart 1 of the Act in effect; however, the NSPS delegation
emissions data from all sources within accordance with § 51.902(b), the will not be affected by such action.
the state. The state must also report to emissions inventory requirement in ADDRESSES: Submit your comments,
EPA ozone season emissions of NOX section 172(c)(3) of the Act shall apply, identified by Docket ID No. EPA–R06–
and summer day emissions of NOX from and an emission inventory SIP shall be OAR–2007–1205, by one of the
all point sources, nonpoint sources, due no later 3 years after designation. following methods:
onroad mobile sources, and nonroad The state must report to the EPA • www.regulations.gov. Follow the
mobile sources. summer day emissions of NOX and VOC on-line instructions.
(3) The data availability requirements from all point sources, nonpoint • Email: Mr. Rick Barrett at
in § 51.116 must be followed for all data sources, onroad mobile sources, and barrett.richard@epa.gov. Please also
submitted to meet the requirements of nonroad mobile sources. The state shall send a copy by email to the person
paragraphs (c)(1) and (2) of this section. report emissions as point sources listed in the FOR FURTHER INFORMATION
(d) [Reserved] according to the point source emissions CONTACT section below.
* * * * * thresholds of the Air Emissions • Mail or delivery: Mr. Rick Barrett,
(f) Reporting schedules. Data Reporting Rule (AERR), 40 CFR part 51, Air Permits Section (6PD–R),
rljohnson on DSK3VPTVN1PROD with RULES

collection is to begin during the ozone subpart A. The detail of the emissions Environmental Protection Agency, 1445
season 1 year prior to the state’s NOX Ross Avenue, Suite 1200, Dallas, Texas
inventory shall be consistent with the
SIP Call compliance date. 75202–2733.
(g) The state shall report emissions as data elements required by 40 CFR part Instructions: Direct your comments to
point sources according to the point 51, subpart A. Docket No. EPA–R06–OAR–2007–1205.
source emissions thresholds of the Air [FR Doc. 2015–03470 Filed 2–18–15; 8:45 am] EPA’s policy is that all comments
Emissions Reporting Rule (AERR), 40 BILLING CODE 6560–50–P received will be included in the public

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8800 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations

docket without change and may be VIII. What authority does EPA have? As to the NESHAP standards in 40
made available online at http:// IX. What information must ABCAQCB CFR parts 61 and 63, section 112(l)(5) of
www.regulations.gov, including any provide to EPA? the CAA enables EPA to approve state
X. What is EPA’s oversight role?
personal information provided, unless air toxics programs or rules to operate
XI. Should sources submit notices to EPA or
the comment includes information ABCAQCB? in place of the Federal air toxics
claimed to be Confidential Business XII. How will unchanged authorities be program or rules. 40 CFR part 63,
Information (CBI) or other information delegated to ABCAQCB in the future? subpart E governs EPA’s approval of
whose disclosure is restricted by statute. XIII. Final Action State programs or rules under section
Do not submit information through XIV. Statutory and Executive Order Reviews 112(l).
http://www.regulations.gov or email, if EPA will approve the State’s
I. What does this action do?
you believe that it is CBI or otherwise submittal of a program for
protected from disclosure. The http:// EPA is providing notice that it is implementation and enforcement of the
www.regulations.gov Web site is an delegating authority for implementation NESHAPs if we find that:
‘‘anonymous access’’ system, which and enforcement of certain NSPS to (1) The State program is ‘‘no less
means EPA will not know your identity ABCAQCB. EPA is also taking direct stringent’’ than the corresponding
or contact information unless you final action to approve the delegation of Federal program or rule;
provide it in the body of your comment. certain NESHAPs to ABCAQCB. With (2) The State has adequate authority
If you send an email comment directly this delegation, ABCAQCB has the and resources to implement the
to EPA without going through http:// primary responsibility to implement program;
www.regulations.gov, your email and enforce the delegated standards. (3) The schedule for implementation
address will be automatically captured and compliance is sufficiently
II. What is the authority for delegation?
and included as part of the comment expeditious; and
Section 111(c)(1) of the Clean Air Act (4) The program otherwise complies
that is placed in the public docket and
(CAA) authorizes EPA to delegate with Federal guidance.
made available on the Internet. If you
authority to any state agency which In order to obtain approval of its
submit an electronic comment, EPA
submits adequate regulatory procedures program to implement and enforce
recommends that you include your
for implementation and enforcement of Federal section 112 rules as
name and other contact information in
the NSPS program. In addition, a state promulgated without changes (straight
the body of your comment along with
may authorize a local agency to carry delegation), a State must demonstrate
any disk or CD–ROM submitted. If EPA
out a plan (program) within the local that it meets the approval criteria of 40
cannot read your comment due to
agency’s jurisdiction under certain CFR 63.91(d). 40 CFR 63.91(d)(3)
technical difficulties and cannot contact
conditions. See 40 CFR 60.26(e). The provides that interim or final Title V
you for clarification, EPA may not be
NSPS standards are codified at 40 CFR program approval will satisfy the
able to consider your comment.
part 60. criteria of 40 CFR 63.91(d) for part 70
Electronic files should avoid the use of Section 112(l) of the CAA and 40 CFR sources (sources required to obtain Title
special characters and any form of part 63, subpart E, authorizes EPA to V operating permits pursuant to the
encryption and be free of any defects or delegate authority to any state or local Clean Air Act).
viruses. For additional information agency which submits an adequate
about EPA’s public docket, visit the EPA regulatory program for implementation IV. How did ABCAQCB meet the
Docket Center homepage at http:// and enforcement of emission standards approval criteria?
www.epa.gov/epahome/dockets.htm. for hazardous air pollutants. The As to the NSPS standards in 40 CFR
Docket: The index to the docket for hazardous air pollutant standards are part 60, ABCAQCB adopted the Federal
this action is available electronically at codified at 40 CFR parts 61 and 63. standards via incorporation by
www.regulations.gov and in hard copy reference. The ABCAQCB regulations
at EPA Region 6, 1445 Ross Avenue, III. What criteria must ABCAQCB’s are, therefore, at least as stringent as
Suite 700, Dallas, Texas. While all programs meet to be approved? EPA’s rules. See 40 CFR 60.10(a). Also,
documents in the docket are listed in In order to receive delegation of NSPS in the EPA initial approval of NSPS
the index, some information may be a state must develop and submit to the delegation, we determined that
publicly available only at the hard copy EPA a procedure for implementing and ABCAQCB developed procedures for
location (e.g., copyrighted material), and enforcing the NSPS in the state, or in implementing and enforcing the NSPS
some may not be publicly available at the local agency’s jurisdiction as in Bernalillo County, and that
either location (e.g., CBI). discussed above, and their regulations ABCAQCB’s regulations and resources
FOR FURTHER INFORMATION CONTACT: Mr. and resources must be adequate for the are adequate for the implementation and
Rick Barrett, (214) 665–7227, implementation and enforcement of the enforcement of the Federal standards.
barrett.richard@epa.gov. To inspect the NSPS. EPA initially approved the See 54 FR 52031 (December 20, 1989).
hard copy materials, please schedule an ABCAQCB program for the delegation of As to the NESHAP standards in 40
appointment with Mr. Barrett or Mr. Bill NSPS on December 20, 1989 (54 FR CFR parts 61 and 63, as part of its Title
Deese at (214) 665–7253. 52031). EPA reviewed the rules and V submission ABCAQCB stated that it
regulations of the ABCAQCB and intended to use the mechanism of
Table of Contents
determined the ABCAQCB’s procedures, incorporation by reference to adopt
I. What does this action do? regulations and resources adequate for unchanged Federal section 112
II. What is the authority for delegation? the implementation and enforcement of standards into its regulations. This
III. What criteria must ABCAQCB’s programs
rljohnson on DSK3VPTVN1PROD with RULES

the Federal standards. The NSPS commitment applied to both existing
meet to be approved? delegation was most recently updated and future standards as they applied to
IV. How did ABCAQCB Meet the approval
criteria?
on December 9, 2005 (70 FR 73138). part 70 sources. EPA’s final interim
V. What is being delegated? This action notifies the public that EPA approval of ABCAQCB’s Title V
VI. What is not being delegated? is updating ABCAQCB’s delegation to operating permits program delegated the
VII. How will applicability determinations be implement and enforce certain authority to implement certain
made? additional NSPS. NESHAPs on March 10, 1995 (60 FR

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13046). On November 26, 1996, EPA • 40 CFR Part 60, Subpart AAA In addition, this delegation to
promulgated final full approval of the (Standards of Performance for New ABCAQCB to implement and enforce
ABCAQCB’s operating permits program. Residential Wood Heaters); certain NSPS and NESHAPs does not
(61 FR 60032). These interim and final • 40 CFR Part 61, Subpart B (National extend to sources or activities located in
title V program approvals satisfy the Emission Standards for Radon Indian country, as defined in 18 U.S.C.
upfront approval criteria of 40 CFR Emissions from Underground Uranium 1151. Under this definition, EPA treats
63.91(d). Under 40 CFR 63.91(d)(2), Mines); as reservations, trust lands validly set
once a state has satisfied the up-front • 40 CFR Part 61, Subpart H (National aside for the use of a Tribe even if the
approval criteria, it needs only to Emission Standards for Emissions of trust lands have not been formally
reference the previous demonstration Radionuclides Other Than Radon From designated as a reservation. Consistent
and reaffirm that it still meets the Department of Energy Facilities); with previous federal program
criteria for any subsequent submittals • 40 CFR Part 61, Subpart I (National approvals or delegations, EPA will
for delegation of the section 112 Emission Standards for Radionuclide continue to implement the NSPS and
standards. ABCAQCB has affirmed that Emissions from Federal Facilities Other NESHAPs in Indian country because
it still meets the up-front approval Than Nuclear Regulatory Commission ABCAQCB has not submitted
criteria. Licensees and Not Covered by Subpart information to demonstrate authority
H); over sources and activities located
V. What is being delegated? within the exterior boundaries of Indian
• 40 CFR Part 61, Subpart K (National
By letter dated December 14, 2006, Emission Standards for Radionuclide reservations and other areas in Indian
EPA received a request from ABCAQCB Emissions from Elemental Phosphorus country.
to update their NSPS delegation and Plants); VII. How will applicability
NESHAPs delegation. With certain • 40 CFR Part 61, Subpart Q (National determinations be made?
exceptions noted in section VI below, Emission Standards for Radon
In approving the NSPS delegation,
ABCAQCB’s request included NSPS in Emissions from Department of Energy
ABCAQCB will obtain concurrence from
40 CFR part 60, and NESHAPs in 40 facilities);
EPA on any matter involving the
CFR parts 61 and 63, as amended • 40 CFR Part 61, Subpart R (National
interpretation of section 111 of the CAA
between July 2, 2004 and October 28, Emission Standards for Radon
or 40 CFR part 60 to the extent that
2006. Emissions from Phosphogypsum
application, implementation,
By letter dated January 16, 2009, EPA Stacks);
administration, or enforcement of these
received a second request from • 40 CFR Part 61, Subpart T (National
provisions have not been covered by
ABCAQCB to update their NSPS Emission Standards for Radon
prior EPA determinations or guidance.
delegation and NESHAPs delegation. Emissions from the Disposal of Uranium
See 54 FR 52031 (December 20, 1989).
With certain exceptions noted in section Mill Tailings); and In approving the NESHAPs
VI below, ABCAQCB’s request included • 40 CFR Part 61, Subpart W delegation, ABCAQCB will obtain
NSPS in 40 CFR part 60, and NESHAPs (National Emission Standards for Radon concurrence from EPA on any matter
in 40 CFR parts 61 and 63, as amended Emissions from Operating Mill involving the interpretation of section
between October 29, 2006 and August 1, Tailings). 112 of the CAA or 40 CFR parts 61 and
2008. In addition, EPA cannot delegate to a 63 to the extent that application,
State or local authority any of the implementation, administration, or
By letter dated November 18, 2011,
Category II Subpart A authorities set enforcement of these provisions have
EPA received a third request from
forth in 40 CFR 63.91(g)(2). These not been covered by prior EPA
ABCAQCB to update their NSPS
include the following provisions: determinations or guidance.
delegation and NESHAPs delegation.
§ 63.6(g), Approval of Alternative Non-
With certain exceptions noted in section VIII. What authority does EPA have?
Opacity Standards; § 63.6(h)(9),
VI below, ABCAQCB’s request included
Approval of Alternative Opacity We retain the right, as provided by
NSPS in 40 CFR part 60, and NESHAPs
Standards; § 63.7(e)(2)(ii) and (f), CAA section 111(c)(2), to enforce any
in 40 CFR parts 61 and 63, as amended
Approval of Major Alternatives to Test applicable emission standard or
between August 2, 2008, and August 29,
Methods; § 63.8(f), Approval of Major requirement under section 111.
2011.
Alternatives to Monitoring; and We retain the right, as provided by
By letter dated January 15, 2014, EPA § 63.10(f), Approval of Major CAA section 112(l)(7), to enforce any
received a fourth request from Alternatives to Recordkeeping and applicable emission standard or
ABCAQCB to update ABCAQCB’s NSPS Reporting. Also, some Part 63 standards requirement under section 112. EPA
delegation and NESHAPs delegation. have certain provisions that cannot be also has the authority to make certain
With certain exceptions noted in section delegated to the States. Therefore, any decisions under the General Provisions
VI below, ABCAQCB’s request included Part 63 standard that EPA is delegating (subpart A) of part 63. We are granting
NSPS in 40 CFR part 60, and NESHAPs to ABCAQCB that provides that certain ABCAQCB some of these authorities,
in 40 CFR parts 61 and 63, as amended authorities cannot be delegated are and retaining others, as explained in
between August 30, 2011, and retained by EPA and not delegated. sections V and VI above. In addition,
September 13, 2013. Furthermore, no authorities are EPA may review and disapprove
VI. What is not being delegated? delegated that require rulemaking in the determinations by State and local
Federal Register to implement, or where authorities and subsequently require
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The following part 60, 61 and 63 Federal overview is the only way to corrections. (See 40 CFR 63.91(g) and 65
authorities listed below are not ensure national consistency in the FR 55810, 55823, September 14, 2000,
delegated. All of the inquiries and application of the standards or as amended at 70 FR 59887, October 13,
requests concerning implementation requirements of CAA section 112. 2005; 72 FR 27443, May 16, 2007.)
and enforcement of the excluded Finally, section 112(r), the accidental Furthermore, we retain any authority
standards for the ABCAQCB should be release program authority, is not being in an individual emission standard that
directed to the EPA Region 6 Office. delegated by this approval. may not be delegated according to

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8802 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations

provisions of the standard. Also, listed X. What is EPA’s oversight role? stating that the request for delegation is
in the footnotes of the part 63 delegation EPA must oversee ABCAQCB’s either granted or denied. A Federal
table at the end of this rule are the decisions to ensure the delegated Register action will be published to
authorities that cannot be delegated to authorities are being adequately inform the public and affected sources
any State or local agency which we implemented and enforced. We will of the delegation, indicate where source
therefore retain. notifications and reports should be sent,
integrate oversight of the delegated
and to amend the relevant portions of
Finally, we retain the authorities authorities into the existing mechanisms
the Code of Federal Regulations
stated in the initial notice of delegation and resources for oversight currently in
showing which NESHAP standards have
of authority. See 54 FR 52031 place. If, during oversight, we determine
been delegated to ABCAQCB.
(December 20, 1989). that ABCAQCB made decisions that
decreased the stringency of the XIII. Final Action
IX. What information must ABCAQCB delegated standards, then ABCAQCB The public was provided the
provide to EPA? shall be required to take corrective opportunity to comment on the
actions and the source(s) affected by the proposed interim approval (60 FR 2570)
Under 40 CFR 60.4(b), all
decisions will be notified, as required and direct final interim approval (60 FR
notifications under NSPS must be sent
by 40 CFR 63.91(g)(1)(ii). We will 2527) of ABCAQCB’s Title V operating
to both EPA and to ABCAQCB. Please
initiate withdrawal of the program or permit program, and mechanism for
send notifications and reports to Chief,
rule if the corrective actions taken are delegation of section 112 standards as
Air/Toxics Inspection and Coordination insufficient.
Branch at the EPA Region 6 office. they apply to part 70 sources, on
XI. Should sources submit notices to January 10, 1995. On March 10, 1995,
ABCAQCB must provide any EPA published an informational notice
additional compliance related EPA or ABCAQCB?
in the Federal Register informing the
information to EPA, Region 6, Office of All of the information required public that the direct final interim
Enforcement and Compliance pursuant to the Federal NSPS and approval would remain final. (60 FR
Assurance, within 45 days of a request NESHAPs (40 CFR parts 60, 61 and 63) 13046). In today’s action, the public is
under 40 CFR 63.96(a). In receiving should be submitted by sources located given the opportunity to comment on
delegation for specific General inside the boundaries of Bernalillo the approval of ABCAQCB’s request for
Provisions authorities, ABCAQCB must County and areas outside of Indian delegation of authority to implement
submit to EPA Region 6, on a semi- country, directly to the ABCAQCB at the and enforce certain section 112
annual basis, copies of determinations following address: City of Albuquerque, standards for all sources (both part 70
issued under these authorities. For 40 Albuquerque Environmental Health and non-part 70 sources) which have
CFR parts 61 and 63 standards, these Department, P.O. Box 1293, been adopted by reference into
determinations include: Section 63.1, Albuquerque, NM 87103. The ABCAQCB’s regulations. However, the
Applicability Determinations; Section ABCAQCB is the primary point of Agency views the approval of these
63.6(e), Operation and Maintenance contact with respect to delegated NSPS requests as a noncontroversial action
Requirements—Responsibility for and NESHAPs. Sources do not need to and anticipates no adverse comments.
Determining Compliance; Section send a copy to EPA. EPA Region 6 Therefore, EPA is publishing this rule
63.6(f), Compliance with Non-Opacity waives the requirement that without prior proposal. However, in the
Standards—Responsibility for notifications and reports for delegated ‘‘Proposed Rules’’ section of today’s
Determining Compliance; Section standards be submitted to EPA in Federal Register publication, EPA is
63.6(h), Compliance with Opacity and addition to ABCAQCB, in accordance publishing a separate document that
Visible Emissions Standards— with 40 CFR 63.9(a)(4)(ii) and will serve as the proposal to approve the
Responsibility for Determining 63.10(a)(4)(ii). Also, see 51 FR 20648 program and NESHAPs delegation of
(June 6, 1986). For those standards that authority described in this action if
Compliance; Sections 63.7(c)(2)(i) and
are not delegated, sources must adverse comments are received. This
(d), Approval of Site-Specific Test
continue to submit all appropriate action will be effective April 20, 2015
Plans; Section 63.7(e)(2)(i), Approval of
information to EPA. without further notice unless the
Minor Alternatives to Test Methods;
Agency receives relevant adverse
Section 63.7(e)(2)(ii) and (f), Approval XII. How will unchanged authorities be
comments by March 23, 2015.
of Intermediate Alternatives to Test delegated to ABCAQCB in the future?
If EPA receives relevant adverse
Methods; Section 63.7(e)(iii), Approval In the future, ABCAQCB will only comments, we will publish a timely
of Shorter Sampling Times and Volumes need to send a letter of request to update withdrawal in the Federal Register
When Necessitated by Process Variables their delegation to EPA, Region 6, for informing the public the rule will not
or Other Factors; Sections 63.7(e)(2)(iv), those NSPS which they have adopted by take effect with respect to the updated
(h)(2), and (h)(3), Waiver of Performance reference. EPA will amend the relevant NESHAPs delegation. We will address
Testing; Sections 63.8(c)(1) and (e)(1), portions of the Code of Federal all public comments in a subsequent
Approval of Site-Specific Performance Regulations showing which NSPS final rule based on the proposed rule.
Evaluation (Monitoring) Test Plans; standards have been delegated to The EPA will not institute a second
Section 63.8(f), Approval of Minor ABCAQCB. Also, in the future, comment period on this action. Any
Alternatives to Monitoring; Section ABCAQCB will only need to send a parties interested in commenting must
63.8(f), Approval of Intermediate letter of request for approval to EPA, do so at this time. Please note that if we
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Alternatives to Monitoring; Section 63.9 Region 6, for those NESHAPs receive relevant adverse comment on an
and 63.10, Approval of Adjustments to regulations that ABCAQCB has adopted amendment, paragraph, or section of
Time Periods for Submitting Reports; by reference. The letter must reference this rule and if that provision may be
Section 63.10(f), Approval of Minor the previous up-front approval severed from the remainder of the rule,
Alternatives to Recordkeeping and demonstration and reaffirm that it still we may adopt as final those provisions
Reporting; Section 63.7(a)(4), Extension meets the up-front approval criteria. We of the rule that are not the subject of a
of Performance Test Deadline. will respond in writing to the request relevant adverse comment.

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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8803

XIV. Statutory and Executive Order to disapprove a delegation submission 40 CFR Part 63
Reviews for failure to use VCS. It would thus be Environmental protection,
Under Executive Order 12866 (58 FR inconsistent with applicable law for Administrative practice and procedure,
51735, October 4, 1993), this action is EPA to use VCS in place of a delegation Air pollution control, Hazardous
not a ‘‘significant regulatory action’’ and submission that otherwise satisfies the substances, Intergovernmental relations,
therefore is not subject to review by the provisions of the Clean Air Act. Thus, Reporting and recordkeeping
Office of Management and Budget. For the requirements of section 12(d) of the requirements.
this reason, this action is also not National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. Dated: January 28, 2015.
subject to Executive Order 13211,
272 note) do not apply. This rule does Samuel Coleman,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply, not impose an information collection Acting Regional Administrator, Region 6.
Distribution, or Use’’ (66 FR 28355, May burden under the provisions of the For the reasons stated in the
22, 2001). This action merely approves Paperwork Reduction Act of 1995 (44 preamble, 40 CFR parts 60, 61, and 63
state law as meeting Federal U.S.C. 3501 et seq.). are amended as follows:
requirements and imposes no additional The Congressional Review Act, 5
requirements beyond those imposed by U.S.C. 801 et seq., as added by the Small PART 60—STANDARDS OF
state law. Accordingly, the Business Regulatory Enforcement PERFORMANCE FOR NEW
Administrator certifies that this rule Fairness Act of 1996, generally provides STATIONARY SOURCES
will not have a significant economic that before a rule may take effect, the
impact on a substantial number of small agency promulgating the rule must ■ 1. The authority citation for part 60
entities under the Regulatory Flexibility submit a rule report, which includes a continues to read as follows:
Act (5 U.S.C. 601 et seq.). Because this copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq.
rule approves pre-existing requirements Congress and to the Comptroller General
under state law and does not impose of the United States. EPA will submit a Subpart A—General Provisions
any additional enforceable duty beyond report containing this rule and other
that required by state law, it does not required information to the U.S. Senate, ■ 2. Section 60.4 is amended by revising
contain any unfunded mandate or the U.S. House of Representatives, and paragraph (e)(3) to read as follows:
significantly or uniquely affect small the Comptroller General of the United § 60.4 Address.
governments, as described in the States prior to publication of the rule in
Unfunded Mandates Reform Act of 1995 * * * * *
the Federal Register. A major rule
(Pub. L. 104–4). (e) * * *
cannot take effect until 60 days after it
In addition, this rule does not have (3) Albuquerque-Bernalillo County Air
is published in the Federal Register.
tribal implications as specified by Quality Control Board. The
This action is not a ‘‘major rule’’ as
Executive Order 13175 (65 FR 67249, Albuquerque-Bernalillo County Air
defined by 5 U.S.C. 804(2).
November 9, 2000), because the Quality Control Board has been
Under section 307(b)(1) of the Clean delegated all part 60 standards
delegation is not approved to apply in Air Act, petitions for judicial review of
Indian country located in the State, and promulgated by EPA, except subpart
this action must be filed in the United AAA—Standards of Performance for
the EPA notes that it will not impose States Court of Appeals for the
substantial direct costs on tribal New Residential Wood Heaters, as
appropriate circuit by April 20, 2015. amended in the Federal Register
governments or preempt tribal law. This Filing a petition for reconsideration by
action also does not have Federalism through September 13, 2013.
the Administrator of this final rule does
implications because it does not have not affect the finality of this rule for the
substantial direct effects on the states, PART 61—NATIONAL EMISSION
purposes of judicial review nor does it STANDARDS FOR HAZARDOUS AIR
on the relationship between the national extend the time within which a petition
government and the states, or on the POLLUTANTS
for judicial review may be filed, and
distribution of power and shall not postpone the effectiveness of ■ 3. The authority citation for part 61
responsibilities among the various such rule or action. This action may not continues to read as follows:
levels of government, as specified in be challenged later in proceedings to
Executive Order 13132 (64 FR 43255, Authority: 42 U.S.C. 7401 et seq.
enforce its requirements. (See section
August 10, 1999). This action merely 307(b)(2)). Subpart A—General Provisions
approves a state request to receive
delegation of certain Federal standards, List of Subjects ■ 4. Section 61.04 is amended by
and does not alter the relationship or 40 CFR Part 60 revising paragraph (c)(6)(vi) to read as
the distribution of power and follows:
responsibilities established in the Clean Environmental protection,
Air Act. This rule also is not subject to Administrative practice and procedure, § 61.04 Address.
Executive Order 13045 ‘‘Protection of Air pollution control, Intergovernmental * * * * *
Children from Environmental Health relations, Reporting and recordkeeping (c) * * *
Risks and Safety Risks’’ (62 FR 19885, requirements. (6) * * *
April 23, 1997), because it is not (vi) Albuquerque-Bernalillo County,
40 CFR Part 61
economically significant. New Mexico. The Albuquerque-
In reviewing delegation submissions, Environmental protection, Bernalillo County Air Quality Control
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EPA’s role is to approve submissions, Administrative practice and procedure, Board (ABCAQCB) has been delegated
provided that they meet the criteria of Air pollution control, Arsenic, Benzene, the following part 61 standards
the Clean Air Act. In this context, in the Beryllium, Hazardous substances, promulgated by EPA, as amended in the
absence of a prior existing requirement Mercury, Intergovernmental relations, Federal Register through September 13,
for the state to use voluntary consensus Reporting and recordkeeping 2013. The (X) symbol is used to indicate
standards (VCS), EPA has no authority requirements, Vinyl chloride. each subpart that has been delegated.

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8804 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations

DELEGATION STATUS FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (PART 61 STANDARDS)
FOR ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
[Excluding Indian Country] 1

Subpart Source category ABCAQCB

A .......................... General Provisions ............................................................................................................................................. X
B .......................... Radon Emissions From Underground Uranium Mines ...................................................................................... ........................
C .......................... Beryllium ............................................................................................................................................................ X
D .......................... Beryllium Rocket Motor Firing ........................................................................................................................... X
E .......................... Mercury .............................................................................................................................................................. X
F .......................... Vinyl Chloride ..................................................................................................................................................... X
G .......................... (Reserved) ......................................................................................................................................................... ........................
H .......................... Emissions of Radionuclides Other Than Radon From Department of Energy Facilities .................................. ........................
I ........................... Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees ........................
and Not Covered by Subpart H.
J .......................... Equipment Leaks (Fugitive Emission Sources) of Benzene ............................................................................. X
K .......................... Radionuclide Emissions From Elemental Phosphorus Plants .......................................................................... ........................
L .......................... Benzene Emissions From Coke By-Product Recovery Plants .......................................................................... X
M ......................... Asbestos ............................................................................................................................................................ X
N .......................... Inorganic Arsenic Emissions From Glass Manufacturing Plants ...................................................................... X
O .......................... Inorganic Arsenic Emissions From Primary Copper Smelters .......................................................................... X
P .......................... Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities ..................... X
Q .......................... Radon Emissions From Department of Energy Facilities ................................................................................. ........................
R .......................... Radon Emissions From Phosphogypsum Stacks ............................................................................................. ........................
S .......................... (Reserved) ......................................................................................................................................................... ........................
T .......................... Radon Emissions From the Disposal of Uranium Mill Tailings ......................................................................... ........................
U .......................... (Reserved) ......................................................................................................................................................... ........................
V .......................... Equipment Leaks (Fugitives Emission Sources) ............................................................................................... X
W ......................... Radon Emissions From Operating Mill Tailings ................................................................................................ ........................
X .......................... (Reserved) ......................................................................................................................................................... ........................
Y .......................... Benzene Emissions From Benzene Storage Vessels ....................................................................................... X
Z–AA ................... (Reserved) ......................................................................................................................................................... ........................
BB ........................ Benzene Emissions From Benzene Transfer Operations ................................................................................. X
CC–EE ................ (Reserved) ......................................................................................................................................................... ........................
FF ........................ Benzene Waste Operations ............................................................................................................................... X
1 Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB).

* * * * * Subpart E—Approval of State local air pollution agencies in New
Programs and Delegation of Federal Mexico. The ‘‘X’’ symbol is used to
PART 63—NATIONAL EMISSION Authorities indicate each subpart that has been
STANDARDS FOR HAZARDOUS AIR delegated. The delegations are subject to
POLLUTANTS FOR SOURCE ■ 6. Section 63.99 is amended by all of the conditions and limitations set
CATEGORIES revising paragraph (a)(32)(i) to read as forth in Federal law, regulations, policy,
follows: guidance, and determinations. Some
■ 5. The authority citation for part 63 § 63.99 Delegated Federal authorities. authorities cannot be delegated and are
continues to read as follows: (a) * * * retained by EPA. These include certain
Authority: 42 U.S.C. 7401 et seq. (32) * * * General Provisions authorities and
(i) The following table lists the specific parts of some standards. Any
specific part 63 standards that have amendments made to these rules after
been delegated unchanged to state and September 13, 2013, are not delegated.

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF NEW MEXICO
[Excluding Indian Country]

Subpart Source category NMED 1 2 ABCAQCB 1 3

A ..................................... General Provisions ...................................................................................................... X X
D .................................... Early Reductions ......................................................................................................... X X
F ..................................... Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing X X
Industry (SOCMI).
G .................................... HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Waste- X X
water.
H .................................... HON—Equipment Leaks ............................................................................................. X X
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I ...................................... HON—Certain Processes Negotiated Equipment Leak Regulation ........................... X X
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 Anodizing Tanks ........................................ X X
O .................................... Ethylene Oxide Sterilizers ........................................................................................... X X

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8806 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF NEW MEXICO—Continued
[Excluding Indian Country]

Subpart Source category NMED 1 2 ABCAQCB 1 3

JJJJ ................................ Paper and other Web (Surface Coating) .................................................................... X X
KKKK ............................. Metal Can (Surface Coating) ...................................................................................... X X
MMMM ........................... Misc. Metal Parts and Products (Surface Coating) .................................................... X X
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 (RICE) ................................................... X X
AAAAA ........................... Lime Manufacturing Plants .......................................................................................... X X
BBBBB ........................... Semiconductor Manufacturing ..................................................................................... X X
CCCCC .......................... Coke Ovens: Pushing, Quenching and Battery Stacks .............................................. X X
DDDDD .......................... Industrial/Commercial/Institutional Boilers and Process Heaters ............................... 6X 6X

EEEEE ........................... Iron and Steel 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 Manufacturing ..................................................... ( 7) (7 )
KKKKK ........................... Clay Ceramics Manufacturing ..................................................................................... ( 7) (7 )
LLLLL ............................. Asphalt Roofing and Processing ................................................................................. X X
MMMMM ........................ Flexible Polyurethane Foam Fabrication Operation ................................................... X X
NNNNN .......................... Hydrochloric Acid Production, Fumed Silica Production ............................................ X X
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 Generating Units ........................................ 8X 8X

VVVVV ........................... (Reserved) ................................................................................................................... ........................ ........................
WWWWW ...................... Hospital Ethylene Oxide Sterilizers ............................................................................. X X
XXXXX ........................... (Reserved) ................................................................................................................... ........................ ........................
YYYYY ........................... Electric Arc Furnace Steelmaking Area Sources ........................................................ X X
ZZZZZ ............................ Iron and Steel Foundries Area Sources ..................................................................... X X
AAAAAA ......................... (Reserved) ................................................................................................................... ........................ ........................
BBBBBB ......................... Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities ................ X X
CCCCCC ....................... Gasoline Dispensing Facilities .................................................................................... X X
DDDDDD ....................... Polyvinyl Chloride and Copolymers Production Area Sources ................................... X X
EEEEEE ......................... Primary Copper Smelting Area Sources ..................................................................... X X
FFFFFF .......................... Secondary Copper Smelting Area Sources ................................................................ X X
GGGGGG ...................... Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium ................. X X
HHHHHH ....................... Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources .... X X
IIIIII ................................. (Reserved) ................................................................................................................... ........................ ........................
JJJJJJ ............................ Industrial, Commercial, and Institutional Boilers Area Sources .................................. X X
KKKKKK ......................... (Reserved) ................................................................................................................... ........................ ........................
LLLLLL ........................... Acrylic and Modacrylic Fibers Production Area Sources ............................................ X X
MMMMMM ..................... Carbon Black Production Area Sources ..................................................................... X X
NNNNNN ....................... Chemical Manufacturing Area Sources: Chromium Compounds ............................... X X
OOOOOO ...................... Flexible Polyurethane Foam Production and Fabrication Area Sources .................... X X
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 Sources .......................................... X X
UUUUUU ....................... (Reserved) ................................................................................................................... ........................ ........................
rljohnson on DSK3VPTVN1PROD with RULES

VVVVVV ......................... Chemical Manufacturing Area Sources ...................................................................... X X
WWWWWW ................... Plating and Polishing Operations Area Sources ......................................................... X X
XXXXXX ......................... Metal Fabrication and Finishing Area Sources ........................................................... X X
YYYYYY ......................... Ferroalloys Production Facilities Area Sources .......................................................... X X
ZZZZZZ .......................... Aluminum, Copper, and Other Nonferrous Foundries Area Sources ......................... X X
AAAAAAA ...................... Asphalt Processing and Asphalt Roofing Manufacturing Area Sources .................... X X
BBBBBBB ...................... Chemical Preparation Industry Area Sources ............................................................. X X
CCCCCCC ..................... Paints and Allied Products Manufacturing Area Sources ........................................... X X

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Document Created: 2018-02-16 11:12:28
Document Modified: 2018-02-16 11:12:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule; delegation of authority.
Dates		This rule is effective on April 20, 2015 without further notice, unless EPA receives relevant adverse comment by March 23, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will not take effect; however, the NSPS delegation will not be affected by such action.
Contact		Mr. Rick Barrett, (214) 665-7227, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Barrett or Mr. Bill Deese at (214) 665-7253.
FR Citation		80 FR 8799
CFR Citation		40 CFR 60 40 CFR 61 40 CFR 63
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Intergovernmental Relations; Reporting and Recordkeeping Requirements; Arsenic; Benzene; Beryllium; Hazardous Substances; Mercury and Vinyl Chloride