83 FR 46107 - New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to New Mexico

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 177 (September 12, 2018)

Page Range		46107-46115
FR Document		2018-19801
The New Mexico Environment Department (NMED) has submitted updated regulations for receiving delegation and approval of a program for the implementation and enforcement of certain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both Title V and non-Title V sources). These updated regulations apply to certain NSPS promulgated by the EPA and amended between September 24, 2013 and January 15, 2017; certain NESHAP promulgated by the EPA and amended between January 1, 2011 and January 15, 2017; and other NESHAP promulgated by the EPA and amended between August 30, 2013 and January 15, 2017, as adopted by the NMED. The delegation of authority under this action does not apply to sources located in Bernalillo County, New Mexico, or to sources located in areas defined as Indian Country. The EPA is providing notice that it is updating the delegation of certain NSPS to NMED, and taking final action to approve the delegation of certain NESHAP to NMED.
Federal Register, Volume 83 Issue 177 (Wednesday, September 12, 2018)
[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Rules and Regulations]
[Pages 46107-46115]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19801]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2016-0091; FRL-9982-62--Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delegation of authority.

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

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

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0091. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

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

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

Table of Contents

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

I. Background

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

II. Response to Comment

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

[[Page 46108]]

delegation update. The remainder of the commenter's concerns (e.g., 
meeting the requirements of EPA's compliance monitoring plan) relate to 
matters that are more appropriately addressed as part of our oversight 
responsibilities. EPA oversees NMED's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We integrate 
oversight of the delegated authorities into the existing mechanisms and 
resources for oversight currently in place. If, during oversight, we 
determine that NMED made decisions which decreased the stringency of 
the delegated standards, then NMED would be required to take corrective 
actions and the source(s) affected by the decisions will be notified, 
as required by 40 CFR 63.91(g)(1)(ii). Our oversight authorities allow 
us to initiate withdrawal of the program delegation if the corrective 
actions taken are insufficient.

III. What does this action do?

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

IV. What is the authority for delegation?

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

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

    In order to receive delegation of NSPS, a State must develop and 
submit to the EPA a procedure for implementing and enforcing the NSPS 
in the state, and their regulations and resources must be adequate for 
the implementation and enforcement of the NSPS. The EPA initially 
approved New Mexico's program for the delegation of NSPS on June 6, 
1986 (51 FR 20648). The EPA reviewed the laws of the State and the 
rules and regulations of the New Mexico Environmental Improvement 
Division (now the NMED) and determined the State's procedures, 
regulations and resources adequate for the implementation and 
enforcement of the Federal standards. The NSPS delegation was most 
recently updated on February 2, 2015 (80 FR 5475). This action notifies 
the public that the EPA is updating NMED's delegation to implement and 
enforce certain additional NSPS.
    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a State for the delegation of NESHAP standards if 
the EPA determines that:
    (A) The authorities contained in the program are not adequate to 
assure compliance by the sources within the State with respect to each 
applicable standard, regulation, or requirement established under 
section 112;
    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 rules as promulgated without changes (straight delegation), 
a State must demonstrate that it meets the criteria of 40 CFR 63.91(d). 
40 CFR 63.91(d)(3) provides that interim or final title V program 
approval will satisfy the criteria of 40 CFR 63.91(d).\1\
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    \1\ Some NESHAP standards do not require a source to obtain a 
title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a title V permit). For these non-title V 
sources, the EPA believes that the State must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (Sept. 14, 2000).
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    The NESHAP delegation was most recently approved on February 2, 
2015 (80 FR 5475).

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

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

VII. What is being delegated?

    By letter dated January 22, 2016, the EPA received a request from 
NMED to update its NSPS delegation and NESHAP delegation. With certain 
exceptions noted in section VIII below, NMED's request included NSPS in 
40 CFR part 60, as amended between September 24, 2013 and September 15, 
2015; NESHAP in 40 CFR part 61, as

[[Page 46109]]

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

VIII. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this 
action are not delegated. These include the following part 60, 61 and 
63 authorities listed below:
     40 CFR part 60, subpart AAA (Standards of Performance for 
New Residential Wood Heaters);
     40 CFR part 60, subpart QQQQ (Standards of Performance for 
New Residential Hydronic Heaters and Forced-Air Furnaces);
     40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions From Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for 
Radionuclide Emissions From Federal Facilities Other Than Nuclear 
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions From Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions From Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions From Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions From the Disposal of Uranium Mill Tailings);
     40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions From Operating Mill Tailings); and
     40 CFR part 63, subpart J (National Emission Standards for 
Polyvinyl Chloride and Copolymers Production).
    In addition, the EPA regulations provide that we cannot delegate to 
a State any of the Category II authorities set forth in 40 CFR 
63.91(g)(2). These include the following provisions: Sec.  63.6(g), 
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9), 
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and 
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f), 
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some Part 61 and Part 63 standards have certain provisions that cannot 
be delegated to the States. Furthermore, no authorities are delegated 
that require rulemaking in the Federal Register to implement, or where 
Federal overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA section 112. 
Finally, this action does not delegate any authority under section 
112(r), the accidental release program.
    All inquiries and requests concerning implementation and 
enforcement of the excluded standards in the State of New Mexico should 
be directed to the EPA Region 6 Office.
    In addition, this delegation to NMED to implement and enforce 
certain NSPS and NESHAP authorities does not extend to sources or 
activities located in Indian country, as defined in 18 U.S.C. 1151. 
Under this definition, the EPA treats as reservations, trust lands 
validly set aside for the use of a Tribe even if the trust lands have 
not been formally designated as a reservation. Consistent with previous 
Federal program approvals or delegations, the EPA will continue to 
implement the NSPS and NESHAP in Indian country because NMED has not 
submitted information to demonstrate authority over sources and 
activities located within the exterior boundaries of Indian 
reservations and other areas in Indian country.

IX. How will statutory and regulatory interpretations be made?

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

X. What authority does the EPA have?

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

XI. What information must NMED provide to the EPA?

    NMED must provide any additional compliance related information to 
EPA, Region 6, Office of Enforcement and Compliance Assurance, within 
45 days of a request under 40 CFR 63.96(a). In receiving delegation for 
specific General Provisions authorities, NMED must submit to EPA Region 
6, on a semi-annual basis, copies of determinations issued under these 
authorities. See 40 CFR 63.91(g)(1)(ii). For 40 CFR part 63 standards, 
these determinations include: Section 63.1, Applicability 
Determinations; Section 63.6(e), Operation and Maintenance 
Requirements--Responsibility for Determining Compliance; Section

[[Page 46110]]

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

XII. What is the EPA's oversight role?

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

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

    Sources located outside the boundaries of Bernalillo County and 
outside of Indian country should submit all information required 
pursuant to the delegated authorities in the Federal NSPS and NESHAP 
(40 CFR parts 60, 61 and 63) directly to the NMED at the following 
address: New Mexico Environment Department, P.O. Box 5469, Santa Fe, 
New Mexico 87502-5469. The NMED is the primary point of contact with 
respect to delegated NSPS and NESHAP authorities. Sources do not need 
to send a copy to the EPA. The EPA Region 6 waives the requirement that 
notifications and reports for delegated authorities be submitted to the 
EPA in addition to NMED in accordance with 40 CFR 63.9(a)(4)(ii) and 
63.10(a)(4)(ii).\2\ For those authorities not delegated, sources must 
continue to submit all appropriate information to the EPA.
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    \2\ This waiver only extends to the submission of copies of 
notifications and reports; EPA does not waive the requirements in 
delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XIV. How will unchanged authorities be delegated to NMED in the future?

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

XV. Final Action

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

XVI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
is not an Executive Order 13771 regulatory action because this action 
is not significant under Executive Order 12866. This action merely 
approves state law as meeting Federal requirements and imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
approves pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). The EPA believes that this action does not 
have disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    The delegation is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state request to receive 
delegation of certain Federal standards, and does not alter the 
relationship or the distribution of power and

[[Page 46111]]

responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing delegation submissions, EPA's role is to approve 
submissions, provided that they meet the criteria of the Clean Air Act. 
This action is not subject to the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 13, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 60

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

40 CFR Part 61

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

40 CFR Part 63

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

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

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

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

PART 60--[AMENDED]

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

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

Subpart A--General Provisions

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


Sec.  60.4  Address.

* * * * *
    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, P.O. 
Box 5469, Santa Fe, New Mexico 87502-5469. Note: For a list of 
delegated standards for New Mexico (excluding Bernalillo County and 
Indian country), see paragraph (e)(1) of this section.
* * * * *
    (e) * * *
    (1) New Mexico. The New Mexico Environment Department has been 
delegated all part 60 standards promulgated by the EPA, except subpart 
AAA--Standards of Performance for New Residential Wood Heaters; and 
subpart QQQQ--Standards of Performance for New Residential Hydronic 
Heaters and Forced-Air Furnaces, as amended in the Federal Register 
through January 15, 2017.
* * * * *

PART 61--[AMENDED]

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

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

Subpart A--General Provisions

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


Sec.  61.04  Address.

    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, P.O. 
Box 5469, Santa Fe, New Mexico 87502-5469. For a list of delegated 
standards for New Mexico (excluding Bernalillo County and Indian 
country), see paragraph (c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iii) New Mexico. The New Mexico Environment Department (NMED) has 
been delegated the following part 61 standards promulgated by the EPA, 
as amended in the Federal Register through January 15, 2017. The (X) 
symbol is used to indicate each subpart that has been delegated. The 
delegations are subject to all of the conditions and limitations set 
forth in Federal law and regulations.

   Delegation Status for National Emission Standards for Hazardous Air
              Pollutants (Part 61 Standards) for New Mexico
            [Excluding Bernalillo County and Indian Country]
------------------------------------------------------------------------
            Subpart                  Source category         NMED \1\
------------------------------------------------------------------------
A..............................  General Provisions....               X
B..............................  Radon Emissions From    ...............
                                  Underground Uranium
                                  Mines.
C..............................  Beryllium.............               X
D..............................  Beryllium Rocket Motor               X
                                  Firing.
E..............................  Mercury...............               X
F..............................  Vinyl Chloride........               X
G..............................  (Reserved)............  ...............
H..............................  Emissions of            ...............
                                  Radionuclides Other
                                  Than Radon From
                                  Department of Energy
                                  Facilities.

[[Page 46112]]

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

PART 63--[AMENDED]

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

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

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

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


Sec.  63.99  Delegated Federal authorities.

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

                          Delegation Status for Part 63 Standards--State of New Mexico
                                           [Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
                  Subpart                             Source category               NMED 1 2       ABCAQCB 1 3
----------------------------------------------------------------------------------------------------------------
A.........................................  General Provisions................               X                X
D.........................................  Early Reductions..................               X                X
F.........................................  Hazardous Organic NESHAP (HON)--                 X                X
                                             Synthetic Organic Chemical
                                             Manufacturing Industry (SOCMI).
G.........................................  HON--SOCMI Process Vents, Storage                X                X
                                             Vessels, Transfer Operations and
                                             Wastewater.
H.........................................  HON--Equipment Leaks..............               X                X
I.........................................  HON--Certain Processes Negotiated                X                X
                                             Equipment Leak Regulation.
J.........................................  Polyvinyl Chloride and Copolymers            \(4)\            \(4)\
                                             Production.
K.........................................  (Reserved)........................  ...............  ...............
L.........................................  Coke Oven Batteries...............               X                X
M.........................................  Perchloroethylene Dry Cleaning....               X                X
N.........................................  Chromium Electroplating and                      X                X
                                             Chromium Anodizing Tanks.
O.........................................  Ethylene Oxide Sterilizers........               X                X
P.........................................  (Reserved)........................  ...............  ...............
Q.........................................  Industrial Process Cooling Towers.               X                X
R.........................................  Gasoline Distribution.............               X                X
S.........................................  Pulp and Paper Industry...........               X                X
T.........................................  Halogenated Solvent Cleaning......               X                X
U.........................................  Group I Polymers and Resins.......               X                X
V.........................................  (Reserved)........................  ...............  ...............
W.........................................  Epoxy Resins Production and Non-                 X                X
                                             Nylon Polyamides Production.
X.........................................  Secondary Lead Smelting...........               X                X
Y.........................................  Marine Tank Vessel Loading........               X                X

[[Page 46113]]

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

[[Page 46114]]

 
UUUU......................................  Cellulose Production Manufacture..               X                X
VVVV......................................  Boat Manufacturing................               X                X
WWWW......................................  Reinforced Plastic Composites                    X                X
                                             Production.
XXXX......................................  Rubber Tire Manufacturing.........               X                X
YYYY......................................  Combustion Turbines...............               X                X
ZZZZ......................................  Reciprocating Internal Combustion                X                X
                                             Engines (RICE).
AAAAA.....................................  Lime Manufacturing Plants.........               X                X
BBBBB.....................................  Semiconductor Manufacturing.......               X                X
CCCCC.....................................  Coke Ovens: Pushing, Quenching and               X                X
                                             Battery Stacks.
DDDDD.....................................  Industrial/Commercial/                       X \6\            X \6\
                                             Institutional Boilers and Process
                                             Heaters.
EEEEE.....................................  Iron Foundries....................               X                X
FFFFF.....................................  Integrated Iron and Steel.........               X                X
GGGGG.....................................  Site Remediation..................               X                X
HHHHH.....................................  Miscellaneous Coating                            X                X
                                             Manufacturing.
IIIII.....................................  Mercury Cell Chlor-Alkali Plants..               X                X
JJJJJ.....................................  Brick and Structural Clay Products           X \7\            \(7)\
                                             Manufacturing.
KKKKK.....................................  Clay Ceramics Manufacturing.......           X \7\            \(7)\
LLLLL.....................................  Asphalt Roofing and Processing....               X                X
MMMMM.....................................  Flexible Polyurethane Foam                       X                X
                                             Fabrication Operation.
NNNNN.....................................  Hydrochloric Acid Production,                    X                X
                                             Fumed Silica Production.
OOOOO.....................................  (Reserved)........................  ...............  ...............
PPPPP.....................................  Engine Test Facilities............               X                X
QQQQQ.....................................  Friction Products Manufacturing...               X                X
RRRRR.....................................  Taconite Iron Ore Processing......               X                X
SSSSS.....................................  Refractory Products Manufacture...               X                X
TTTTT.....................................  Primary Magnesium Refining........               X                X
UUUUU.....................................  Coal and Oil-Fired Electric                  X \8\            X \8\
                                             Utility Steam Generating Units.
VVVVV.....................................  (Reserved)........................  ...............  ...............
WWWWW.....................................  Hospital Ethylene Oxide                          X                X
                                             Sterilizers.
XXXXX.....................................  (Reserved)........................  ...............  ...............
YYYYY.....................................  Electric Arc Furnace Steelmaking                 X                X
                                             Area Sources.
ZZZZZ.....................................  Iron and Steel Foundries Area                    X                X
                                             Sources.
AAAAAA....................................  (Reserved)........................  ...............  ...............
BBBBBB....................................  Gasoline Distribution Bulk                       X                X
                                             Terminals, Bulk Plants, and
                                             Pipeline Facilities.
CCCCCC....................................  Gasoline Dispensing Facilities....               X                X
DDDDDD....................................  Polyvinyl Chloride and Copolymers                X                X
                                             Production Area Sources.
EEEEEE....................................  Primary Copper Smelting Area                     X                X
                                             Sources.
FFFFFF....................................  Secondary Copper Smelting Area                   X                X
                                             Sources.
GGGGGG....................................  Primary Nonferrous Metals Area                   X                X
                                             Source: Zinc, Cadmium, and
                                             Beryllium.
HHHHHH....................................  Paint Stripping and Miscellaneous                X                X
                                             Surface Coating Operations at
                                             Area Sources.
IIIIII....................................  (Reserved)........................  ...............  ...............
JJJJJJ....................................  Industrial, Commercial, and                      X                X
                                             Institutional Boilers Area
                                             Sources.
KKKKKK....................................  (Reserved)........................  ...............  ...............
LLLLLL....................................  Acrylic and Modacrylic Fibers                    X                X
                                             Production Area Sources.
MMMMMM....................................  Carbon Black Production Area                     X                X
                                             Sources.
NNNNNN....................................  Chemical Manufacturing Area                      X                X
                                             Sources: Chromium Compounds.
OOOOOO....................................  Flexible Polyurethane Foam                       X                X
                                             Production and Fabrication Area
                                             Sources.
PPPPPP....................................  Lead Acid Battery Manufacturing                  X                X
                                             Area Sources.
QQQQQQ....................................  Wood Preserving Area Sources......               X                X
RRRRRR....................................  Clay Ceramics Manufacturing Area                 X                X
                                             Sources.
SSSSSS....................................  Glass Manufacturing Area Sources..               X                X
TTTTTT....................................  Secondary Nonferrous Metals                      X                X
                                             Processing Area Sources.
UUUUUU....................................  (Reserved)........................  ...............  ...............
VVVVVV....................................  Chemical Manufacturing Area                      X                X
                                             Sources.
WWWWWW....................................  Plating and Polishing Operations                 X                X
                                             Area Sources.
XXXXXX....................................  Metal Fabrication and Finishing                  X                X
                                             Area Sources.
YYYYYY....................................  Ferroalloys Production Facilities                X                X
                                             Area Sources.
ZZZZZZ....................................  Aluminum, Copper, and Other                      X                X
                                             Nonferrous Foundries Area Sources.
AAAAAAA...................................  Asphalt Processing and Asphalt                   X                X
                                             Roofing Manufacturing Area
                                             Sources.
BBBBBBB...................................  Chemical Preparation Industry Area               X                X
                                             Sources.
CCCCCCC...................................  Paints and Allied Products                       X                X
                                             Manufacturing Area Sources.
DDDDDDD...................................  Prepared Feeds Areas Sources......               X                X
EEEEEEE...................................  Gold Mine Ore Processing and                     X                X
                                             Production Area Sources.
FFFFFFF--GGGGGGG..........................  (Reserved)........................  ...............  ...............
HHHHHHH...................................  Polyvinyl Chloride and Copolymers                X                X
                                             Production Major Sources.
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which may not be delegated include: Sec.   63.6(g), Approval of Alternative Non-Opacity Emission
  Standards; Sec.   63.6(h)(9), Approval of Alternative Opacity Standards; Sec.   63.7(e)(2)(ii) and (f),
  Approval of Major Alternatives to Test Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified
  in the subparts (e.g., under ``Delegation of Authority'') that cannot be delegated.

[[Page 46115]]

 
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as
  amended in the Federal Register through January 15, 2017.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
  promulgated by the EPA, as amended in the Federal Register through September 13, 2013.
\4\ The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted
  the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to the
  EPA by the United States Court of Appeals for the District of Columbia Circuit. See Mossville Environmental
  Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is
  not delegated to NMED or ABCAQCB at this time.
\5\ This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia
  Circuit. See 72 FR 61060 (October 29, 2007).
\6\ Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November
  20, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.
\7\ Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart
  KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the
  ABCAQCB has not yet applied for updated delegation of these standards.
\8\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental
  Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units.
  See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB has not yet applied for updated delegation of these
  standards.

* * * * *
[FR Doc. 2018-19801 Filed 9-11-18; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 46107

Act (42 U.S.C. 4321 et seq.). Therefore, EPA is providing notice that it is 15964 and 83 FR 16027, respectively.
neither an environmental assessment updating the delegation of certain NSPS EPA stated in the direct final rule that
nor an environmental impact statement to NMED, and taking final action to if we receive relevant adverse comments
is required. approve the delegation of certain by May 14, 2018, we would publish a
NESHAP to NMED. timely withdrawal in the Federal
IV. Paperwork Reduction Act of 1995 Register, and all public comments
DATES: This rule is effective on October
This final rule contains no collection 12, 2018. received would be addressed in a
of information. Therefore, clearance by ADDRESSES: The EPA has established a subsequent final rule based on the
the Office of Management and Budget docket for this action under Docket ID proposed rule.
under the Paperwork Reduction Act of No. EPA–R06–OAR–2016–0091. All EPA received an adverse comment on
1995 is not required. documents in the docket are listed on May 14, 2018, and accordingly
the http://www.regulations.gov website. withdrew the direct final rule on June
List of Subjects in 21 CFR Part 110 5, 2018, pursuant to sections 111 and
Although listed in the index, some
Food packaging, Foods. 112 of the CAA. See 83 FR 25936. The
information is not publicly available,
■ Therefore, in FR Rule Doc. No. 2015– comment and our response to that
e.g., Confidential Business Information
21920, published September 17, 2015, at comment follows below.
or other information whose disclosure is
80 FR 55908–56168, amendatory restricted by statute. Certain other II. Response to Comment
instruction 13 in the third column on material, such as copyrighted material,
page 56144 is withdrawn. Comment: EPA received an
is not placed on the internet and will be anonymous adverse comment in
Dated: September 7, 2018. publicly available only in hard copy response to the proposed rulemaking.
Scott Gottlieb, form. Publicly available docket The comment includes several personal
Commissioner of Food and Drugs. materials are available either observations and statements critical of
[FR Doc. 2018–19855 Filed 9–11–18; 8:45 am] electronically through http:// New Mexico’s ability to maintain and
BILLING CODE 4164–01–P
www.regulations.gov or in hard copy at oversee its air quality programs. The
the EPA Region 6, 1445 Ross Avenue, commenter recommends that the
Suite 700, Dallas, Texas 75202–2733. proposed update to New Mexico’s
FOR FURTHER INFORMATION CONTACT: Mr. NESHAP delegation not be approved
ENVIRONMENTAL PROTECTION
AGENCY Rick Barrett (6MM–AP), (214) 665–7227; until EPA investigates the commenter’s
email: barrett.richard@epa.gov. allegations and New Mexico has
40 CFR Parts 60, 61, and 63 SUPPLEMENTARY INFORMATION: addressed the alleged deficiencies. See
Throughout this document whenever Docket for the entire comment.
[EPA–R06–OAR–2016–0091; FRL–9982– EPA’s Response: We thank the
62—Region 6]
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. commenter for the comment. Section
New Source Performance Standards 112(l) of the Act and EPA’s
Table of Contents implementing regulations at 40 CFR part
and National Emission Standards for
Hazardous Air Pollutants; Delegation I. Background
63, subpart E primarily govern EPA’s
of Authority to New Mexico II. Response to Comment actions on State requests for delegation
III. What does this action do? of authority to implement and enforce
AGENCY: Environmental Protection IV. What is the authority for delegation? the NESHAP program. CAA section
Agency (EPA). V. What criteria must New Mexico’s 112(l)(5)(B) states that EPA shall
ACTION: Final rule; delegation of programs meet to be approved? disapprove a NESHAP program
VI. How did NMED meet the NSPS and submitted by a State if we find that
authority. NESHAP program approval criteria? adequate resources are not available to
SUMMARY: The New Mexico VII. What is being delegated?
implement the program. See also 40
VIII. What is not being delegated?
Environment Department (NMED) has IX. How will statutory and regulatory CFR 63.91(d)(3)(iii). Several concerns
submitted updated regulations for interpretations be made? expressed by the commenter relate to
receiving delegation and approval of a X. What authority does the EPA have? the adequacy of resources (including the
program for the implementation and XI. What information must NMED provide to lack of technically experienced and
enforcement of certain New Source the EPA? qualified staff) maintained by the NMED
Performance Standards (NSPS) and XII. What is the EPA’s oversight role? Air Quality Bureau. NMED provided
National Emission Standards for XIII. Should sources submit notices to the EPA with a response to those comments
Hazardous Air Pollutants (NESHAP) for EPA or NMED? that included a description of current
XIV. How will unchanged authorities be
all sources (both Title V and non-Title delegated to NMED in the future?
resources and experience within the Air
V sources). These updated regulations XV. Final Action Quality Bureau. See Docket for NMED’s
apply to certain NSPS promulgated by XVI. Statutory and Executive Order Reviews response. In addition, consistent with
the EPA and amended between 40 CFR 63.91(d)(2), New Mexico’s
September 24, 2013 and January 15, I. Background delegation update request included a
2017; certain NESHAP promulgated by On April 13, 2018, EPA published a reference to its previous demonstration
the EPA and amended between January direct final rule and accompanying and a reaffirmation that the up-front
1, 2011 and January 15, 2017; and other proposal approving the updated approval criteria for delegation are still
NESHAP promulgated by the EPA and delegation of authority for being met. Based on this information as
amended between August 30, 2013 and implementation and enforcement of well as discussions with the
daltland on DSKBBV9HB2PROD with RULES

January 15, 2017, as adopted by the NSPS and NESHAPs for all sources Compliance and Enforcement Division
NMED. The delegation of authority (both part 70 and non-part 70 sources) and the Criminal Investigation Division
under this action does not apply to to the NMED. The direct final rule and within EPA Region 6, we have not
sources located in Bernalillo County, proposal were published without prior identified sufficient information to
New Mexico, or to sources located in proposal because EPA anticipated no support the necessary finding for
areas defined as Indian Country. The relevant adverse comments. See 83 FR disapproval of the requested NESHAP

VerDate Sep<11>2014 16:01 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1
46108 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations

delegation update. The remainder of the implementing and enforcing the NSPS The NESHAP delegation was most
commenter’s concerns (e.g., meeting the in the state, and their regulations and recently approved on February 2, 2015
requirements of EPA’s compliance resources must be adequate for the (80 FR 5475).
monitoring plan) relate to matters that implementation and enforcement of the
VI. How did NMED meet the NSPS and
are more appropriately addressed as NSPS. The EPA initially approved New
NESHAP program approval criteria?
part of our oversight responsibilities. Mexico’s program for the delegation of
EPA oversees NMED’s decisions to NSPS on June 6, 1986 (51 FR 20648). As to the NSPS standards in 40 CFR
ensure the delegated authorities are The EPA reviewed the laws of the State part 60, NMED adopted the Federal
being adequately implemented and and the rules and regulations of the New standards via incorporation by
enforced. We integrate oversight of the Mexico Environmental Improvement reference. The NMED regulations are,
delegated authorities into the existing Division (now the NMED) and therefore, at least as stringent as the
mechanisms and resources for oversight determined the State’s procedures, EPA’s rules. See 40 CFR 60.10(a). Also,
currently in place. If, during oversight, regulations and resources adequate for in the EPA initial approval of NSPS
we determine that NMED made the implementation and enforcement of delegation, we determined that the State
decisions which decreased the the Federal standards. The NSPS developed procedures for implementing
stringency of the delegated standards, delegation was most recently updated and enforcing the NSPS in the State,
then NMED would be required to take on February 2, 2015 (80 FR 5475). This and that the State’s regulations and
corrective actions and the source(s) action notifies the public that the EPA resources are adequate for the
affected by the decisions will be is updating NMED’s delegation to implementation and enforcement of the
notified, as required by 40 CFR implement and enforce certain Federal standards. See 51 FR 20648
63.91(g)(1)(ii). Our oversight authorities additional NSPS. (June 6, 1986).
allow us to initiate withdrawal of the As to the NESHAP standards in 40
Section 112(l)(5) of the CAA requires CFR parts 61 and 63, as part of its Title
program delegation if the corrective the EPA to disapprove any program
actions taken are insufficient. V submission NMED stated that it
submitted by a State for the delegation intended to use the mechanism of
III. What does this action do? of NESHAP standards if the EPA incorporation by reference to adopt
The EPA is providing notice that it is determines that: unchanged Federal section 112
approving NMED’s request updating the (A) The authorities contained in the standards into its regulations. This
delegation for the implementation and program are not adequate to assure commitment applied to both existing
enforcement of certain NSPS. The EPA compliance by the sources within the and future standards as they applied to
is also taking final action to approve State with respect to each applicable part 70 sources. The EPA’s final interim
NMED’s request updating the delegation standard, regulation, or requirement approval of New Mexico’s Title V
of certain NESHAP. With this established under section 112; operating permits program delegated the
delegation, NMED has the primary (B) adequate authority does not exist, authority to implement certain
responsibility to implement and enforce or adequate resources are not available, NESHAP, effective December 19, 1994
the delegated standards. See sections VII to implement the program; (59 FR 59656). On November 26, 1996,
and VIII, below, for a discussion of the EPA promulgated final full approval
(C) the schedule for implementing the of the State’s operating permits program,
which standards are being delegated program and assuring compliance by
and which are not being delegated. effective January 27, 1997 (61 FR
affected sources is not sufficiently 60032). These interim and final title V
IV. What is the authority for expeditious; or program approvals satisfy the upfront
delegation? (D) the program is otherwise not in approval criteria of 40 CFR 63.91(d).
Upon the EPA’s finding that the compliance with the guidance issued by Under 40 CFR 63.91(d)(2), once a state
procedures submitted by a State for the the EPA under section 112(l)(2) or is not has satisfied the up-front approval
implementation and enforcement of likely to satisfy, in whole or in part, the criteria, it needs only to reference the
standards of performance for new objectives of the CAA. previous demonstration and reaffirm
sources located in the State are In carrying out its responsibilities that it still meets the criteria for any
adequate, Section 111(c)(1) of the Clean under section 112(l), the EPA subsequent submittals for delegation of
Air Act (CAA) authorizes the EPA to promulgated regulations at 40 CFR part the section 112 standards. NMED has
delegate its authority to implement and 63, subpart E setting forth criteria for the affirmed that it still meets the up-front
enforce such standards. The new source approval of submitted programs. For approval criteria. With respect to non-
performance standards are codified at example, in order to obtain approval of Title V sources, the EPA has previously
40 CFR part 60. a program to implement and enforce approved delegation of NESHAP
Section 112(l) of the CAA and 40 CFR Federal section 112 rules as authorities to NMED after finding
part 63, subpart E, authorize the EPA to promulgated without changes (straight adequate authorities to implement and
delegate authority for the delegation), a State must demonstrate enforce the NESHAP for non-Title V
implementation and enforcement of that it meets the criteria of 40 CFR sources. See 68 FR 69036 (December 11,
emission standards for hazardous air 63.91(d). 40 CFR 63.91(d)(3) provides 2003).
pollutants to a State that satisfies the that interim or final title V program VII. What is being delegated?
statutory and regulatory requirements in approval will satisfy the criteria of 40
subpart E. The hazardous air pollutant CFR 63.91(d).1 By letter dated January 22, 2016, the
standards are codified at 40 CFR parts EPA received a request from NMED to
update its NSPS delegation and
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61 and 63. 1 Some NESHAP standards do not require a

source to obtain a title V permit (e.g., certain area NESHAP delegation. With certain
V. What criteria must New Mexico’s sources that are exempt from the requirement to exceptions noted in section VIII below,
programs meet to be approved? obtain a title V permit). For these non-title V NMED’s request included NSPS in 40
sources, the EPA believes that the State must assure
In order to receive delegation of the EPA that it can implement and enforce the
CFR part 60, as amended between
NSPS, a State must develop and submit NESHAP for such sources. See 65 FR 55810, 55813 September 24, 2013 and September 15,
to the EPA a procedure for (Sept. 14, 2000). 2015; NESHAP in 40 CFR part 61, as

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amended between January 1, 2011 and • 40 CFR part 63, subpart J (National interpretation of section 112 of the CAA
September 15, 2015; and NESHAP in 40 Emission Standards for Polyvinyl or 40 CFR parts 61 and 63 to the extent
CFR part 63, as amended between Chloride and Copolymers Production). that implementation or enforcement of
August 30, 2013 and September 15, In addition, the EPA regulations these provisions have not been covered
2015. provide that we cannot delegate to a by prior EPA determinations or
By letter dated June 9, 2017, the EPA State any of the Category II authorities guidance.
received a request from NMED to update set forth in 40 CFR 63.91(g)(2). These
include the following provisions: X. What authority does the EPA have?
its NSPS delegation and NESHAP
delegation. With certain exceptions § 63.6(g), Approval of Alternative Non- We retain the right, as provided by
noted in section VIII below, NMED’s Opacity Standards; § 63.6(h)(9), CAA section 111(c)(2), to enforce any
request included NSPS in 40 CFR part Approval of Alternative Opacity applicable emission standard or
60, as amended between September 15, Standards; § 63.7(e)(2)(ii) and (f), requirement under section 111.
2015 and January 15, 2017; NESHAP in Approval of Major Alternatives to Test We retain the right, as provided by
40 CFR part 61, as amended between Methods; § 63.8(f), Approval of Major CAA section 112(l)(7) and 40 CFR
September 15, 2015 and January 15, Alternatives to Monitoring; and 63.90(d)(2), to enforce any applicable
2017; and NESHAP in 40 CFR part 63, § 63.10(f), Approval of Major emission standard or requirement under
as amended between September 15, Alternatives to Recordkeeping and section 112. In addition, the EPA may
Reporting. Also, some Part 61 and Part enforce any federally approved State
2015 and January 15, 2017. This action
63 standards have certain provisions rule, requirement, or program under 40
is being taken in response to NMED’s
that cannot be delegated to the States. CFR 63.90(e) and 63.91(c)(1)(i). The EPA
requests noted above.
Furthermore, no authorities are also has the authority to make decisions
VIII. What is not being delegated? delegated that require rulemaking in the under the General Provisions (subpart
All authorities not affirmatively and Federal Register to implement, or where A) of parts 61 and 63. We are delegating
expressly delegated by this action are Federal overview is the only way to to NMED some of these authorities, and
not delegated. These include the ensure national consistency in the retaining others, as explained in
following part 60, 61 and 63 authorities application of the standards or sections V and VI above. In addition, the
listed below: requirements of CAA section 112. EPA may review and disapprove State
• 40 CFR part 60, subpart AAA Finally, this action does not delegate determinations and subsequently
(Standards of Performance for New any authority under section 112(r), the require corrections. See 40 CFR
Residential Wood Heaters); accidental release program. 63.91(g)(1)(ii). EPA also has the
All inquiries and requests concerning authority to review NMED’s
• 40 CFR part 60, subpart QQQQ
implementation and enforcement of the implementation and enforcement of
(Standards of Performance for New
excluded standards in the State of New approved rules or programs and to
Residential Hydronic Heaters and
Mexico should be directed to the EPA withdraw approval if we find
Forced-Air Furnaces);
Region 6 Office. inadequate implementation or
• 40 CFR part 61, subpart B (National In addition, this delegation to NMED enforcement. See 40 CFR 63.96.
Emission Standards for Radon to implement and enforce certain NSPS Furthermore, we retain any authority
Emissions From Underground Uranium and NESHAP authorities does not in an individual emission standard that
Mines); extend to sources or activities located in may not be delegated according to
• 40 CFR part 61, subpart H (National Indian country, as defined in 18 U.S.C. provisions of the standard. Also, listed
Emission Standards for Emissions of 1151. Under this definition, the EPA in footnote 2 of the part 63 delegation
Radionuclides Other Than Radon From treats as reservations, trust lands validly table at the end of this rule are the
Department of Energy Facilities); set aside for the use of a Tribe even if authorities that cannot be delegated to
• 40 CFR part 61, subpart I (National the trust lands have not been formally any State or local agency which we
Emission Standards for Radionuclide designated as a reservation. Consistent therefore retain.
Emissions From Federal Facilities Other with previous Federal program Finally, we retain the authorities
Than Nuclear Regulatory Commission approvals or delegations, the EPA will stated in the original delegation
Licensees and Not Covered by Subpart continue to implement the NSPS and agreement. See 51 FR 20648–20650
H); NESHAP in Indian country because (June 6, 1986).
• 40 CFR part 61, subpart K (National NMED has not submitted information to
Emission Standards for Radionuclide XI. What information must NMED
demonstrate authority over sources and provide to the EPA?
Emissions From Elemental Phosphorus activities located within the exterior
Plants); boundaries of Indian reservations and NMED must provide any additional
• 40 CFR part 61, subpart Q (National other areas in Indian country. compliance related information to EPA,
Emission Standards for Radon Region 6, Office of Enforcement and
Emissions From Department of Energy IX. How will statutory and regulatory Compliance Assurance, within 45 days
facilities); interpretations be made? of a request under 40 CFR 63.96(a). In
• 40 CFR part 61, subpart R (National In approving the NSPS delegation, receiving delegation for specific General
Emission Standards for Radon NMED will obtain concurrence from the Provisions authorities, NMED must
Emissions From Phosphogypsum EPA on any matter involving the submit to EPA Region 6, on a semi-
Stacks); interpretation of section 111 of the CAA annual basis, copies of determinations
• 40 CFR part 61, subpart T (National or 40 CFR part 60 to the extent that issued under these authorities. See 40
Emission Standards for Radon CFR 63.91(g)(1)(ii). For 40 CFR part 63
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implementation or enforcement of these
Emissions From the Disposal of provisions have not been covered by standards, these determinations include:
Uranium Mill Tailings); prior EPA determinations or guidance. Section 63.1, Applicability
• 40 CFR part 61, subpart W (National See 51 FR 20649 (June 6, 1986). Determinations; Section 63.6(e),
Emission Standards for Radon In approving the NESHAP delegation, Operation and Maintenance
Emissions From Operating Mill NMED will obtain concurrence from the Requirements—Responsibility for
Tailings); and EPA on any matter involving the Determining Compliance; Section

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63.6(f), Compliance with Non-Opacity delegated authorities be submitted to New Mexico, or to sources located in
Standards—Responsibility for the EPA in addition to NMED in areas defined as Indian Country.
Determining Compliance; Section accordance with 40 CFR 63.9(a)(4)(ii)
XVI. Statutory and Executive Order
63.6(h), Compliance with Opacity and and 63.10(a)(4)(ii).2 For those
Reviews
Visible Emissions Standards— authorities not delegated, sources must
Responsibility for Determining continue to submit all appropriate Under Executive Order 12866 (58 FR
Compliance; Sections 63.7(c)(2)(i) and information to the EPA. 51735, October 4, 1993), this action is
(d), Approval of Site-Specific Test not a ‘‘significant regulatory action’’ and
Plans; Section 63.7(e)(2)(i), Approval of XIV. How will unchanged authorities therefore is not subject to review by the
Minor Alternatives to Test Methods; be delegated to NMED in the future? Office of Management and Budget. For
Section 63.7(e)(2)(ii) and (f), Approval In the future, NMED will only need to this reason, this action is also not
of Intermediate Alternatives to Test send a letter of request to update their subject to Executive Order 13211,
Methods; Section 63.7(e)(iii), Approval delegation to EPA, Region 6, for those ‘‘Actions Concerning Regulations That
of Shorter Sampling Times and Volumes NSPS which they have adopted by Significantly Affect Energy Supply,
When Necessitated by Process Variables reference. The EPA will amend the Distribution, or Use’’ (66 FR 28355, May
or Other Factors; Sections 63.7(e)(2)(iv), relevant portions of the Code of Federal 22, 2001). This action is not an
(h)(2), and (h)(3), Waiver of Performance Regulations showing which NSPS Executive Order 13771 regulatory action
Testing; Sections 63.8(c)(1) and (e)(1), standards have been delegated to because this action is not significant
Approval of Site-Specific Performance NMED. Also, in the future, NMED will under Executive Order 12866. This
Evaluation (Monitoring) Test Plans; only need to send a letter of request for action merely approves state law as
Section 63.8(f), Approval of Minor approval to EPA, Region 6, for those meeting Federal requirements and
Alternatives to Monitoring; Section NESHAP regulations that NMED has imposes no additional requirements
63.8(f), Approval of Intermediate adopted by reference. The letter must beyond those imposed by state law.
Alternatives to Monitoring; Section 63.9 Accordingly, the Administrator certifies
reference the previous up-front approval
and 63.10, Approval of Adjustments to that this rule will not have a significant
demonstration and reaffirm that it still
Time Periods for Submitting Reports; economic impact on a substantial
meets the up-front approval criteria. We
Section 63.10(f), Approval of Minor number of small entities under the
will respond in writing to the request
Alternatives to Recordkeeping and Regulatory Flexibility Act (5 U.S.C. 601
stating that the request for delegation is
Reporting; and Section 63.7(a)(4), et seq.). Because this rule approves pre-
either granted or denied. A Federal
Extension of Performance Test Deadline. existing requirements under state law
Register action will be published to
and does not impose any additional
XII. What is the EPA’s oversight role? inform the public and affected sources
enforceable duty beyond that required
of the delegation, indicate where source
The EPA oversees NMED’s decisions by state law, it does not contain any
notifications and reports should be sent, unfunded mandate or significantly or
to ensure the delegated authorities are
being adequately implemented and and to amend the relevant portions of uniquely affect small governments, as
enforced. We will integrate oversight of the Code of Federal Regulations described in the Unfunded Mandates
the delegated authorities into the showing which NESHAP standards have Reform Act of 1995 (Pub. L. 104–4). The
existing mechanisms and resources for been delegated to NMED. EPA believes that this action does not
oversight currently in place. If, during XV. Final Action have disproportionately high and
oversight, we determine that NMED adverse human health or environmental
made decisions that decreased the We are approving the request by the effects on minority populations, low-
stringency of the delegated standards, NMED for the updated delegation of income populations and/or indigenous
then NMED shall be required to take certain NSPS to NMED, and taking final peoples, as specified in Executive Order
corrective actions and the source(s) action to approve the delegation of 12898 (59 FR 7629, February 16, 1994).
affected by the decisions will be certain NESHAP to NMED, for all The delegation is not approved to
notified. See 40 CFR 63.91(g)(1)(ii) and sources (both Title V and non-Title V apply on any Indian reservation land or
63.91(b). Our oversight authorities allow sources). These updated regulations in any other area where the EPA or an
us to initiate withdrawal of the program apply to certain NSPS promulgated by Indian tribe has demonstrated that a
delegation if the corrective actions taken the EPA at 40 CFR part 60, as amended tribe has jurisdiction. In those areas of
are insufficient. between September 24, 2013 and Indian country, the rule does not have
January 15, 2017; certain NESHAP tribal implications as specified by
XIII. Should sources submit notices to promulgated by the EPA at 40 CFR part Executive Order 13175 (65 FR 67249,
the EPA or NMED? 61, as amended between January 1, 2011 November 9, 2000), nor will it impose
Sources located outside the and January 15, 2017; and other substantial direct costs on tribal
boundaries of Bernalillo County and NESHAP promulgated by the EPA at 40 governments or preempt tribal law.
outside of Indian country should submit CFR part 63, as amended between This action also does not have
all information required pursuant to the August 30, 2013 and January 15, 2017, Federalism implications because it does
delegated authorities in the Federal as adopted by the NMED (See the not have substantial direct effects on the
NSPS and NESHAP (40 CFR parts 60, 61 amendatory language at the end of this States, on the relationship between the
and 63) directly to the NMED at the document for the specific standards national government and the States, or
following address: New Mexico delegated). The delegation of authority on the distribution of power and
Environment Department, P.O. Box under this action does not apply to responsibilities among the various
5469, Santa Fe, New Mexico 87502– sources located in Bernalillo County, levels of government, as specified in
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5469. The NMED is the primary point of Executive Order 13132 (64 FR 43255,
contact with respect to delegated NSPS 2 This waiver only extends to the submission of August 10, 1999). This action merely
and NESHAP authorities. Sources do copies of notifications and reports; EPA does not approves a state request to receive
waive the requirements in delegated standards that
not need to send a copy to the EPA. The require notifications and reports be submitted to an
delegation of certain Federal standards,
EPA Region 6 waives the requirement electronic database (e.g., 40 CFR part 63, subpart and does not alter the relationship or
that notifications and reports for HHHHHHH). the distribution of power and

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responsibilities established in the Clean be challenged later in proceedings to delegated standards for New Mexico
Air Act. This rule also is not subject to enforce its requirements. (See section (excluding Bernalillo County and Indian
Executive Order 13045 ‘‘Protection of 307(b)(2)). country), see paragraph (e)(1) of this
Children from Environmental Health section.
List of Subjects
Risks and Safety Risks’’ (62 FR 19885, * * * * *
April 23, 1997), because it is not 40 CFR Part 60 (e) * * *
economically significant. Environmental protection, (1) New Mexico. The New Mexico
In reviewing delegation submissions, Administrative practice and procedure, Environment Department has been
EPA’s role is to approve submissions, Air pollution control, Intergovernmental delegated all part 60 standards
provided that they meet the criteria of relations, Reporting and recordkeeping promulgated by the EPA, except subpart
the Clean Air Act. This action is not requirements. AAA—Standards of Performance for
subject to the requirements of Section New Residential Wood Heaters; and
12(d) of the National Technology 40 CFR Part 61 subpart QQQQ—Standards of
Transfer and Advancement Act of 1995 Environmental protection, Performance for New Residential
(15 U.S.C. 272 note) because application Administrative practice and procedure, Hydronic Heaters and Forced-Air
of those requirements would be Air pollution control, Arsenic, Benzene, Furnaces, as amended in the Federal
inconsistent with the CAA. This rule Beryllium, Hazardous substances, Register through January 15, 2017.
does not impose an information Intergovernmental relations, Mercury, * * * * *
collection burden under the provisions Reporting and recordkeeping
of the Paperwork Reduction Act of 1995 requirements, Vinyl chloride. PART 61—[AMENDED]
(44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 40 CFR Part 63 ■ 3. The authority citation for part 61
U.S.C. 801 et seq., as added by the Small Environmental protection, continues to read as follows:
Business Regulatory Enforcement Administrative practice and procedure, Authority: 42 U.S.C. 7401 et seq.
Fairness Act of 1996, generally provides Air pollution control, Hazardous
that before a rule may take effect, the substances, Intergovernmental relations, Subpart A—General Provisions
agency promulgating the rule must Reporting and recordkeeping
submit a rule report, which includes a requirements. ■ 4. Section 61.04 is amended by
copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq revising paragraphs (b)(33) and (c)(6)(iii)
Congress and to the Comptroller General to read as follows:
Dated: September 6, 2018.
of the United States. EPA will submit a
Wren Stenger, § 61.04 Address.
report containing this rule and other
required information to the U.S. Senate, Director, Multimedia Division, Region 6. (b) * * *
the U.S. House of Representatives, and 40 CFR parts 60, 61, and 63 are (33) State of New Mexico: New
the Comptroller General of the United amended as follows: Mexico Environment Department, P.O.
States prior to publication of the rule in Box 5469, Santa Fe, New Mexico
the Federal Register. A major rule PART 60—[AMENDED] 87502–5469. For a list of delegated
cannot take effect until 60 days after it standards for New Mexico (excluding
■ 1. The authority citation for part 60 Bernalillo County and Indian country),
is published in the Federal Register.
continues to read as follows: see paragraph (c)(6) of this section.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). Authority: 42 U.S.C. 7401 et seq. * * * * *
Under section 307(b)(1) of the CAA, (c) * * *
petitions for judicial review of this Subpart A—General Provisions (6) * * *
action must be filed in the United States ■ 2. Section 60.4 is amended by revising (iii) New Mexico. The New Mexico
Court of Appeals for the appropriate paragraphs (b)(33) and (e)(1) to read as Environment Department (NMED) has
circuit by November 13, 2018. Filing a follows: been delegated the following part 61
petition for reconsideration by the standards promulgated by the EPA, as
Administrator of this final rule does not § 60.4 Address. amended in the Federal Register
affect the finality of this rule for the * * * * * through January 15, 2017. The (X)
purposes of judicial review nor does it (b) * * * symbol is used to indicate each subpart
extend the time within which a petition (33) State of New Mexico: New that has been delegated. The delegations
for judicial review may be filed, and Mexico Environment Department, P.O. are subject to all of the conditions and
shall not postpone the effectiveness of Box 5469, Santa Fe, New Mexico limitations set forth in Federal law and
such rule or action. This action may not 87502–5469. Note: For a list of regulations.

DELEGATION STATUS FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (PART 61 STANDARDS)
FOR NEW MEXICO
[Excluding Bernalillo County and Indian Country]

Subpart Source category NMED 1

A ..................................... General Provisions .................................................................................................................................. X
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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 ....................... ........................

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

Subpart Source category NMED 1 2 ABCAQCB 1 3

Z ............................... (Reserved) ........................................................................................................................ ........................ ........................
AA ............................. Phosphoric Acid Manufacturing Plants ............................................................................. X X
BB ............................. Phosphate Fertilizers Production Plants .......................................................................... X X
CC ............................ Petroleum Refineries ........................................................................................................ X X
DD ............................ Off-Site Waste and Recovery Operations ........................................................................ X X
EE ............................. Magnetic Tape Manufacturing .......................................................................................... X X
FF ............................. (Reserved) ........................................................................................................................ ........................ ........................
GG ............................ Aerospace Manufacturing and Rework Facilities ............................................................. X X
HH ............................ Oil and Natural Gas Production Facilities ........................................................................ X X
II ................................ Shipbuilding and Ship Repair Facilities ............................................................................ X X
JJ .............................. Wood Furniture Manufacturing Operations ...................................................................... X X
KK ............................. Printing and Publishing Industry ....................................................................................... X X
LL .............................. Primary Aluminum Reduction Plants ................................................................................ X X
MM ............................ Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone X X
Semichemical Pulp Mills.
NN ............................ Wool Fiberglass Manufacturing Area Sources ................................................................. X ........................
OO ............................ Tanks-Level 1 ................................................................................................................... X X
PP ............................. Containers ......................................................................................................................... X X
QQ ............................ Surface Impoundments ..................................................................................................... X X
RR ............................ Individual Drain Systems .................................................................................................. X X
SS ............................. Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas X X
System or a Process.
TT ............................. Equipment Leaks—Control Level 1 .................................................................................. X X
UU ............................ Equipment Leaks—Control Level 2 Standards ................................................................ X X
VV ............................. Oil—Water Separators and Organic—Water Separators ................................................. X X
WW ........................... Storage Vessels (Tanks)—Control Level 2 ...................................................................... X X
XX ............................. Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Oper- X X
ations.
YY ............................. Generic Maximum Achievable Control Technology Standards ........................................ X X
ZZ–BBB .................... (Reserved) ........................................................................................................................ ........................ ........................
CCC .......................... Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration .................. X X
DDD .......................... Mineral Wool Production .................................................................................................. X X
EEE .......................... Hazardous Waste Combustors ......................................................................................... X X
FFF ........................... (Reserved) ........................................................................................................................ ........................ ........................
GGG ......................... Pharmaceuticals Production ............................................................................................. X X
HHH .......................... Natural Gas Transmission and Storage Facilities ............................................................ X X
III ............................... Flexible Polyurethane Foam Production .......................................................................... X X
JJJ ............................ Group IV Polymers and Resins ........................................................................................ X X
KKK .......................... (Reserved) ........................................................................................................................ ........................ ........................
LLL ............................ Portland Cement Manufacturing ....................................................................................... X X
MMM ......................... Pesticide Active Ingredient Production ............................................................................. X X
NNN .......................... Wool Fiberglass Manufacturing ........................................................................................ X X
OOO ......................... Amino/Phenolic Resins ..................................................................................................... X X
PPP .......................... Polyether Polyols Production ............................................................................................ X X
QQQ ......................... Primary Copper Smelting ................................................................................................. X X
RRR .......................... Secondary Aluminum Production ..................................................................................... X X
SSS .......................... (Reserved) ........................................................................................................................ ........................ ........................
TTT ........................... Primary Lead Smelting ..................................................................................................... X X
UUU .......................... Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur X X
Recovery Plants.
VVV .......................... Publicly Owned Treatment Works (POTW) ...................................................................... X X
WWW ....................... (Reserved) ........................................................................................................................ ........................ ........................
XXX .......................... Ferroalloys Production: Ferromanganese and Silicomanganese .................................... X X
AAAA ........................ Municipal Solid Waste Landfills ........................................................................................ X X
CCCC ....................... Nutritional Yeast Manufacturing ....................................................................................... X X
DDDD ....................... Plywood and Composite Wood Products ......................................................................... X5 X5
EEEE ........................ Organic Liquids Distribution .............................................................................................. X X
FFFF ......................... Misc. Organic Chemical Production and Processes (MON) ............................................ X X
GGGG ...................... Solvent Extraction for Vegetable Oil Production .............................................................. X X
HHHH ....................... Wet Formed Fiberglass Mat Production ........................................................................... X X
IIII .............................. Auto and Light Duty Truck (Surface Coating) .................................................................. X X
JJJJ .......................... Paper and other Web (Surface Coating) .......................................................................... X X
KKKK ........................ Metal Can (Surface Coating) ............................................................................................ X X
MMMM ...................... Misc. Metal Parts and Products (Surface Coating) .......................................................... X X
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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

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46114 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / 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

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 ..................................... X6 X6
EEEEE ...................... Iron Foundries ................................................................................................................... X X
FFFFF ....................... Integrated Iron and Steel .................................................................................................. X X
GGGGG .................... Site Remediation .............................................................................................................. X X
HHHHH ..................... Miscellaneous Coating Manufacturing .............................................................................. X X
IIIII ............................. Mercury Cell Chlor-Alkali Plants ....................................................................................... X X
JJJJJ ......................... Brick and Structural Clay Products Manufacturing .......................................................... X7 (7)

KKKKK ...................... Clay Ceramics Manufacturing .......................................................................................... X7 (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 ............................................. X8 X8
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) ........................................................................................................................ ........................ ........................
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
DDDDDDD ............... Prepared Feeds Areas Sources ....................................................................................... X X
EEEEEEE ................. Gold Mine Ore Processing and Production Area Sources .............................................. X X
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FFFFFFF— (Reserved) ........................................................................................................................ ........................ ........................
GGGGGGG.
HHHHHHH ............... Polyvinyl Chloride and Copolymers Production Major Sources ....................................... X X
1 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of
Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to
Monitoring; § 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.

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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 46115
2 Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as amended in the Federal
Register through January 15, 2017.
3 Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by the EPA, as
amended in the Federal Register through September 13, 2013.
4 The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted the subpart unchanged
and applied for delegation of the standard. The subpart was vacated and remanded to the EPA by the United States Court of Appeals for the
District of Columbia Circuit. See Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court’s
holding this subpart is not delegated to NMED or ABCAQCB at this time.
5 This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia Circuit. See 72 FR 61060 (Octo-
ber 29, 2007).
6 Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015). Note that the
ABCAQCB has not yet applied for updated delegation of these standards.
7 Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to cor-
rect minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the ABCAQCB has not yet applied for updated delegation of
these standards.
8 Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental Finding that it is appropriate
and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB
has not yet applied for updated delegation of these standards.

* * * * * Environmental Protection Agency gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfr
[FR Doc. 2018–19801 Filed 9–11–18; 8:45 am] Docket Center (EPA/DC), West William browse/Title40/40tab_02.tpl.
BILLING CODE 6560–50–P Jefferson Clinton Bldg., Rm. 3334, 1301
C. How can I file an objection or hearing
Constitution Ave. NW, Washington, DC
request?
20460–0001. The Public Reading Room
ENVIRONMENTAL PROTECTION is open from 8:30 a.m. to 4:30 p.m., Under FFDCA section 408(g), 21
AGENCY Monday through Friday, excluding legal U.S.C. 346a(g), any person may file an
holidays. The telephone number for the objection to any aspect of this regulation
40 CFR Part 180 Public Reading Room is (202) 566–1744, and may also request a hearing on those
[EPA–HQ–OPP–2017–0705; FRL–9982–22] and the telephone number for the OPP objections. You must file your objection
Docket is (703) 305–5805. Please review or request a hearing on this regulation
Metschnikowia Fructicola Strain the visitor instructions and additional in accordance with the instructions
NRRLY–27328; Exemption From the information about the docket available provided in 40 CFR part 178. To ensure
Requirement of a Tolerance at http://www.epa.gov/dockets. proper receipt by EPA, you must
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: identify docket ID EPA–HQ–OPP–2017–
Agency (EPA). Robert McNally, Biopesticides and 0705 in the subject line on the first page
Pollution Prevention Division (7511P), of your submission. All objections and
ACTION: Final rule.
Office of Pesticide Programs, requests for a hearing must be in
SUMMARY: This regulation establishes an Environmental Protection Agency, 1200 writing, and must be received by the
exemption from the requirement of a Pennsylvania Ave. NW, Washington, DC Hearing Clerk on or before November
tolerance for residues of Metschnikowia 20460–0001; main telephone number: 13, 2018. Addresses for mail and hand
fructicola strain NRRL Y–27328 in or on (703) 305–7090; email address: delivery of objections and hearing
the stone fruit group (group 12–12); the BPPDFRNotices@epa.gov. requests are provided in 40 CFR
small fruit vine climbing subgroup, SUPPLEMENTARY INFORMATION: 178.25(b).
except fuzzy kiwifruit (subgroup 13– In addition to filing an objection or
07F); and the low growing berry I. General Information hearing request with the Hearing Clerk
subgroup (subgroup 13–07G) when used A. Does this action apply to me? as described in 40 CFR part 178, please
in accordance with label directions and submit a copy of the filing (excluding
good agricultural practices. Interregional You may be potentially affected by any Confidential Business Information
Research Project Number 4 (IR–4) this action if you are an agricultural (CBI)) for inclusion in the public docket.
submitted a petition to EPA under the producer, food manufacturer, or Information not marked confidential
Federal Food, Drug, and Cosmetic Act pesticide manufacturer. The following pursuant to 40 CFR part 2 may be
(FFDCA), requesting an exemption from list of North American Industrial disclosed publicly by EPA without prior
the requirement of a tolerance. This Classification System (NAICS) codes is notice. Submit the non-CBI copy of your
regulation eliminates the need to not intended to be exhaustive, but rather objection or hearing request, identified
establish a maximum permissible level provides a guide to help readers by docket ID number EPA–HQ–OPP–
for residues of Metschnikowia fructicola determine whether this document 2017–0705, by one of the following
strain NRRL Y–27328 under FFDCA. applies to them. Potentially affected methods:
DATES: This regulation is effective
entities may include: • Federal eRulemaking Portal: http://
• Crop production (NAICS code 111).
September 12, 2018. Objections and • Animal production (NAICS code www.regulations.gov. Follow the online
requests for hearings must be received 112). instructions for submitting comments.
on or before November 13, 2018, and • Food manufacturing (NAICS code Do not submit electronically any
must be filed in accordance with the 311). information you consider to be CBI or
instructions provided in 40 CFR part • Pesticide manufacturing (NAICS other information whose disclosure is
178 (see also Unit I.C. of the code 32532). restricted by statute.
SUPPLEMENTARY INFORMATION). • Mail: OPP Docket, Environmental
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ADDRESSES: The docket for this action, B. How can I get electronic access to Protection Agency Docket Center (EPA/
identified by docket identification (ID) other related information? DC), (28221T), 1200 Pennsylvania Ave.
EPA–HQ–OPP–2017–0705, is available You may access a frequently updated NW, Washington, DC 20460–0001.
at http://www.regulations.gov or at the electronic version of 40 CFR part 180 • Hand Delivery: To make special
Office of Pesticide Programs Regulatory through the Government Printing arrangements for hand delivery or
Public Docket (OPP Docket) in the Office’s e-CFR site at http://www.ecfr. delivery of boxed information, please

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Document Created: 2018-09-12 02:07:08
Document Modified: 2018-09-12 02:07:08
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		Final rule; delegation of authority.
Dates		This rule is effective on October 12, 2018.
Contact		Mr. Rick Barrett (6MM-AP), (214) 665- 7227; email: [email protected]
FR Citation		83 FR 46107
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