[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Rules and Regulations]
[Pages 52329-52331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24877]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 61

[FRL-5310-9]


1993/1994 Updates for Delegation of Authority to Bernalillo 
County (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 
Albuquerque-Bernalillo County Air Quality Control Board (``the Board'') 
and the Albuquerque Environmental Health Department (AEHD) to implement 
and enforce the NSPS and NESHAP in Bernalillo County (New Mexico), 
including the City of Albuquerque. The provisions of full authority 
apply to all of the NSPS and NESHAP promulgated by the EPA through June 
10, 1992 and August 31, 1993, for NSPS and June 3, 1992 and June 25, 
1993, for NESHAP, and authority covers all new and amended standards 
promulgated after those dates. However, the delegation of authority, 
under this notice, does not apply to the sources located on Indian 
lands within the boundaries of Bernalillo County as specified in the 
delegation agreement and in this notice. Also, this delegation of 
authority is not applicable to the NESHAP radionuclide standards 
specified under 40 CFR part 61.

EFFECTIVE DATE: October 6, 1995.

ADDRESSES: The AEHD'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, Texas 75202, telephone: 
(214) 665-7214; Mr. Steve Walker, Manager, Air Pollution Control 
Division, Albuquerque Environmental Health Department, The City of 
Albuquerque, P.O. Box 1293, Albuquerque, New Mexico 87103, telephone: 
(505) 768-2624.

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

SUPPLEMENTARY INFORMATION: 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.
    The New Mexico Air Quality Control Act (NMAQCA) allows, by 
ordinance, ``A'' class counties and any municipality within an ``A'' 
class county to create a municipal, county, or joint air quality board 
to administer and enforce the provisions of the NMAQCA. The City of 
Albuquerque and Bernalillo 

[[Page 52330]]
County have jointly established the ``Albuquerque-Bernalillo County Air 
Quality Control Board'' (herein called ``the Board'') for 
administration and enforcement of NMAQCA because Bernalillo County is 
an ``A'' class county. Under the NMAQCA, the AEHD is the administrative 
and enforcement agency of the Board. The AEHD has established a program 
for the local administration and enforcement of the NMAQCA in 
Bernalillo County, in lieu of the New Mexico Environment Department 
(the State agency). Authority for the NSPS and NESHAP programs were 
delegated to the State of New Mexico (except for sources located in 
Bernalillo County and Indian lands) on March 15, 1985.
    The Clean Air Act Amendments (CAAA) of 1990 required the EPA to 
make significant changes to the approach to delegation of section 112 
requirements. Prior to the 1990 Amendments to the Clean Air Act (CAA), 
delegation of section 112 requirements could occur without the need for 
a rulemaking by EPA. However, the 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. The Title V Federal Register notice dated 
January 10, 1995, (pages 2531-2532) outlined the City's plans to 
continue to incorporate by reference the Federal section 112 
requirements regarding hazardous air pollutants, into the City of 
Albuquerque/County of Bernalillo Air Quality Control Board Regulations 
and stated that the City'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 the procedural mechanism of the City of 
Albuquerque/County of Bernalillo for adoption of the Federal section 
112 standards by incorporation by reference in the City's part 70 
Operating Permit Program, the EPA can continue to update by letter the 
City's delegation of section 112 standards along with the update of the 
section 111 NSPS standards. 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 by the Air 
Quality Control Board. The effective date of the Federal delegation for 
NSPS standards under section 111 will continue to be, as has been the 
case in the past, the EPA letter of approval of the City's request for 
the NSPS delegation update.
    On July 22, 1993, former Governor Bruce King and on June 6, 1995, 
the Director, AEHD, requested the EPA to update the delegation of 
authority to the AEHD for the NSPS and the NESHAP programs through June 
10, 1992, and August 31, 1993, for NSPS and June 3, 1992, and June 25, 
1993, for NESHAP. The AEHD also requested delegation of authority for 
the technical and administrative review of new or amended NSPS and 
NESHAP promulgated by the EPA after June 10, 1992, and August 31, 1993, 
for NSPS and June 3, 1992 and June 25, 1993, for NESHAP. The AEHD's 
request included:
    (1) Air Quality Control Regulations (AQCR) 30 (NSPS) and 31 
(NESHAP), (2) legal authority provided in Joint Air Quality Control 
Board Ordinances Article XVI and No. 88-45, and (3) the commitments for 
implementation and enforcement of the programs as documented in the 
July 22, 1993, Governor's letter and the AEHD Director's letter dated 
June 6, 1995. AQCR's 30 and 31 incorporate the Federal NSPS and NESHAP 
by reference through June 10, 1992, and August 31, 1993, for NSPS and 
June 3, 1992, and June 25, 1993, for NESHAP.
    The EPA reviewed the AEHD Director's request, AQCR's 30 and 31, and 
all other information submitted by the AEHD, including its request for 
implementation of the delegation of these programs. The EPA has 
determined that the Board and the AEHD have adequate authority and 
effective procedures for implementing and enforcing the NSPS and NESHAP 
programs in Bernalillo County. Therefore, the EPA is delegating full 
authority to the Board and the AEHD through June 10, 1992, and August 
31, 1993, for NSPS and June 3, 1992, and June 25, 1993, for NESHAP, and 
authority for the technical and administrative review of new or amended 
NSPS and NESHAP promulgated by the EPA after June 10, 1992, and August 
31, 1993, for NSPS and June 3, 1992 and June 25, 1993, for NESHAP, 
subject to conditions and limitations of the delegation agreement dated 
December 8, 1989. It is important to note that no delegation authority 
is granted to the Board or AEHD for sources located on Indian lands 
within the boundaries of Bernalillo County. Also, no authority is 
delegated to the AEHD 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), 
subpart K--(National Emission Standards for Radionuclide Emissions from 
Elemental Phosphorus Plants), 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 has delegated full 
authority to the AEHD for implementation and enforcement of the NSPS 
and NESHAP promulgated by the EPA through June 10, 1992, and August 31, 
1993, for NSPS and June 3, 1992, and June 25, 1993, for NESHAP, and 
authority is delegated for the new and amended standards after that 
date. All of the required information, pursuant to the Federal NSPS and 
NESHAP (40 CFR part 60 and 40 CFR part 61) by sources located within 
the boundaries of Bernalillo County and in areas outside of Indian 
lands, should be submitted directly to the Albuquerque Environmental 
Health Department, the City of Albuquerque, P.O. Box 1293, Albuquerque, 
New Mexico 87103. Sources located on Indian lands in the State of New 
Mexico, including Bernalillo County, should apply to the EPA Region 6 
office at the address given in this notice. The sources located in the 
State of New Mexico, other than those areas specified above, should 
submit all of the required information to Chief, Air Quality Bureau, 
New Mexico Environment Department, 1190 St. Francis Drive, Santa Fe, 
New Mexico 87503. 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, subpart 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 the requirements of section 6 of Executive Order 12866.
    This delegation is issued under the authority of section 111(c) and 
112(l)(1) of the Clean Air Act, as amended (42 U.S.C. 7411(C) and 
7412(D)). 

[[Page 52331]]


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, and 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. 95-24877 Filed 10-5-95; 8:45 am]
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