[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Rules and Regulations]
[Pages 52331-52332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24876]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 61

[FRL-5310-8]


Approval of Delegation of Authority to the State of New Mexico 
for New Source Performance Standards (NSPS) and National Emission 
Standards for Hazardous Air Pollutants (NESHAP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority

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SUMMARY: The EPA announces the delegation of authority to the State of 
New Mexico to implement and enforce the New Source Performance 
Standards (NSPS) and National Emission Standards for Hazardous Air 
Pollutants (NESHAP). The provisions of full authority apply to all of 
the NSPS and NESHAP promulgated by the EPA from November 15, 1992, 
through February 1, 1995. Partial authority covers all new and amended 
standards promulgated after these dates, except as follows. The 
delegation of authority, under this notice, does not apply to: (1) The 
sources located in Bernalillo County, New Mexico; (2) the sources 
located on Indian lands as specified in the delegation agreement and in 
this notice; (3) the standards of performance for new residential wood 
heaters (subpart AAA) under 40 CFR part 60; and (4) the NESHAP 
radionuclide standards specified under 40 CFR part 61.

EFFECTIVE DATE: October 6, 1995.

ADDRESSES: The New Mexico Environment Department's request and 
delegation agreement may be obtained by writing to one of the following 
addresses:

Mr. Thomas H. Diggs, Chief, Air Planning Section (6PD-L), U.S. 
Environmental Protection Agency, 1445 Ross Avenue, suite 1200, Dallas, 
TX 75202, telephone: (214) 665-7214.
Ms. Cecilia Williams, Chief, Air Quality Bureau, New Mexico Environment 
Department (NMED), Harold Runnels Building, room So. 2100, 1190 St. 
Francis Drive, Santa Fe, NM 87502, telephone: (505) 827-0042.

FOR FURTHER INFORMATION CONTACT: Mr. Ken Boyce, Air Planning Section 
(6PD-L), U.S. Environmental Protection Agency, 1445 Ross Avenue, Suite 
1200, Dallas, Texas 75202, telephone: (214) 665-7259.

SUPPLEMENTARY INFORMATION: The Clean Air Act Amendments (CAAA) of 1990 
required the U. S. Environmental Protection Agency (EPA) to make 
significant changes to its approach to delegation of section 112 
requirements. Prior to the 1990 Amendments to the CAA, delegation of 
section 112 requirements could occur without the need for a rulemaking 
by the EPA. However, new section 112(l) of the Act requires the EPA to 
approve, through rulemaking, a program for delegation which includes 
delegation of Federal requirements incorporated by reference. In an 
April 4, 1994, letter from Mr. Stan Meiburg, Director, Air, Pesticides 
& Toxics Division to Ms. Judith Espinosa, Secretary, New Mexico 
Environment Department, the EPA explained this procedural mechanism for 
delegation of section 112 requirements, and NMED's response, dated 
April 28, 1994, satisfactorily explained the State's course of action. 
Based on this correspondence, the Title V Federal Register notice (see 
59 FR 59656-59660, November 18, 1994) outlined the State's plans to 
continue to incorporate by reference the Federal section 112 
requirements regarding hazardous air pollutants into the New Mexico Air 
Quality Control Regulations, and stated that the NMED's request for 
approval of the part 70 program is also a request for approval of a 
program for delegation of unchanged section 112 standards. Based on 
approval of NMED's procedural mechanism for adopting Federal section 
112 standards through incorporation by reference into the State's Part 
70 Operating Permit Program, the EPA can continue to update the State's 
delegation of section 112 standards along with the update of section 
111 NSPS. In the future, the effective date of the delegation for 
unchanged Federal standards under section 112 will be the effective 
date of the State's rule after its adoption. The effective date of the 
Federal delegation for NSPS under section 111 will continue to be, as 
has been the case in the past, the EPA's letter of approval of the 
State's request for the NSPS delegation update.
    Sections 111(c) and 112(l)(1) of the Clean Air Act allow the 
Administrator of the EPA to delegate the EPA's authority to any State 
or local agency which can submit adequate regulatory procedures for 
implementation and enforcement of the NSPS and NESHAP programs. 
Authority for the NSPS and NESHAP programs were delegated to the State 
of New Mexico (except for sources located in Bernalillo County and on 
Indian lands) on March 15, 1985.
    The State requested the EPA to update the delegation of authority 
to the State for the NSPS and the NESHAP programs from November 15, 
1992, through February 1, 1995. The State's request includes a revision 
of Air Quality Control Regulations (AQCR) 20 NMAC 2.77 (NSPS) and 2.78 
(NESHAP) as adopted by the New Mexico Environmental Improvement Board. 
AQCR's 20 NMAC 2.77 and 2.78 incorporate the Federal NSPS and NESHAP by 
reference through February 1, 1995.
    The EPA reviewed the NMED requests, AQCR's and all other 
information submitted by the NMED, to support the delegation of these 
programs. The EPA has determined that the State has adequate authority 
and effective procedures for implementing and enforcing the NSPS and 
NESHAP programs. Therefore, the EPA is delegating full authority to the 
State from November 15, 1992, through February 1, 1995, for NSPS and 
for NESHAP, and authority for the technical and administrative review 
of new or amended NSPS and NESHAP promulgated by the EPA, subject to 
conditions and limitations of the original delegation agreement dated 
March 15, 1985. It is important to note that no delegation authority is 
granted to the NMED for Bernalillo County and Indian lands. Also, no 
authority is delegated to the State for 40 CFR part 60, subpart AAA, 
Standards of Performance for New Residential Wood Heaters, and for 40 
CFR part 61 for the radionuclide NESHAP's. Specifically, the subparts 
for which delegation is excluded are subpart B (National Emission 
Standards for Radon-222 Emissions from Underground Uranium Mines), 
subpart H (National Emission Standards for Radionuclide Emissions from 
Department of Energy Facilities), subpart I (National Emission 
Standards for Radionuclide Emissions from Facilities Licensed by the 
Nuclear Regulatory Commission and Federal Facilities not covered by 
subpart H), 

[[Page 52332]]
subpart K (National Emission Standards for Radionuclide Emissions from 
Elemental Phosphorus Plants), subpart Q (National Emission Standards 
for Radon Emissions from Department of Energy facilities), subpart R 
(National Emission Standards for Radon Emissions from Phosphogypsum 
Stacks), subpart T (National Emission Standards for Radon Emissions 
from the Disposal of Uranium Mill Tailings), and subpart W (National 
Emission Standards for Radon-222 Emissions from Licensed Uranium Mill 
Tailings).
    Today's notice informs the public that the EPA is updating the 
delegation of full authority for the State to implement and enforce the 
NSPS and NESHAP promulgated by the EPA from November 15, 1992, through 
February 1, 1995. Authority for technical and administrative review is 
delegated for the new and amended standards after November 15, 1993. 
All of the information required pursuant to the Federal NSPS and NESHAP 
(40 CFR part 60 and 40 CFR part 61) should be submitted by sources 
located outside the boundaries of Bernalillo County and in areas 
outside of Indian lands, directly to the NMED, Harold Runnels Building, 
Room So. 2100, St. Francis Drive, Santa Fe, New Mexico 87502. 
Albuquerque/Bernalillo County is excluded from this action because this 
area is granted delegation authority under AQCR's 30 NSPS and 31 NESHAP 
to the City of Albuquerque's Environmental Health Department. Sources 
located on Indian lands in the State of New Mexico should submit 
required information to the EPA Region 6 office at the address given in 
this notice. All of the inquiries and requests concerning 
implementation and enforcement of the excluded standards under 40 CFR 
part 60, subpart AAA and 40 CFR part 61, subparts B, H, I, R, T, and W, 
in the State of New Mexico should be directed to the EPA Region 6 
Office.
    The Office of Management and Budget has exempted this information 
notice from requirements of section 6 of Executive Order 12866.
    This delegation is issued under the authority of sections 111(c) 
and 112(l)(1) of the Clean Air Act, as amended (42 U.S.C. 7411(C) and 
7412(D)).

List of Subjects

40 CFR Part 60

    Air pollution control, Aluminum, Ammonium sulfate plants, Cement 
industry, Coal, Copper, Electric power plants, Fossil-Fuel steam 
generators, Glass and glass products, Grain, Iron, Lead, Metals, Motor 
vehicles, Nitric acid plants, Paper and paper industry, Petroleum 
phosphate, Fertilizer, Sewage disposal, Steel, Sulfuric acid plants, 
Waste treatment and disposal of zinc.

40 CFR Part 61

    Air pollution control, Asbestos, Benzene, Beryllium, Hazardous 
materials, Mercury, Vinyl chloride.

    Dated: September 21, 1995.
Russell Rhoades,
Acting Regional Administrator.
[FR Doc. 95-24876 Filed 10-5-95; 8:45 am]
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