[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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