[Federal Register Volume 63, Number 24 (Thursday, February 5, 1998)]
[Rules and Regulations]
[Pages 5891-5892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2879]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 61
[FRL-5962-4]
Standards of Performance for New Stationary Sources and National
Emission Standards for Hazardous Air Pollutants: Approval of Delegation
of Authority to New Mexico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority.
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SUMMARY: The EPA is approving 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 April 1, 1996, through
July 1, 1997. Partial authority covers all new and amended standards
promulgated after these dates. The delegation of authority, under this
document, does not apply to: the sources located in Bernalillo County,
New Mexico; the sources located on Indian lands as specified in the
delegation agreement and in this notice; the standards of performance
for new residential wood heaters (subpart AAA) under 40 CFR part 60;
and NESHAP radionuclide standards specified under 40 CFR part 61.
EFFECTIVE DATE: February 5, 1998.
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), Environmental
Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, TX 75202,
telephone: (214) 665-7214.
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), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202, telephone: (214) 665-7259.
SUPPLEMENTARY INFORMATION: Section 301, in conjunction with sections
110, 111(c)(1) and 112(l)(1) of the Clean Air Act (the Act), authorize
the EPA to delegate authority to implement and enforce the standards
set out in 40 CFR part 60, New Source Performance Standards and 40 CFR
part 61, National Emission Standards for Hazardous Air Pollutants.
Authority for the NSPS and NESHAP programs was 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 NESHAP programs from April 1, 1996,
through July 1, 1997. The State's request includes a revision of Air
Quality Control Regulations (AQCR) 20 NMAC 2.77 and 20 NMAC 2.78 as
adopted by the New Mexico Environmental Improvement Board. These
revisions incorporated the Federal NSPS and NESHAP by reference through
July 1, 1997. The effective date of the Federal delegation for NSPS
under section 111 will continue to be the EPA's letter of approval of
the State's request for the NSPS delegation update.
The title V Federal Register (FR) document (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
[[Page 5892]]
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. The effective date of the delegation for unchanged Federal
standards under section 112 is the effective date of the State's rule
after its adoption. In this case, the effective date is June 19, 1996.
Since review of the pertinent New Mexico laws, rules, and
regulations showed them to be adequate for the implementation and
enforcement of the aforementioned category of NSPS and NESHAP, EPA is
delegating full authority to the State for NSPS and NESHAP standards
promulgated from April 1, 1996, through July 1, 1997, 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), subpart K--(National
Emission Standards for Radionuclide Emissions from Elemental Phosphorus
Plants), subpart R (National Emission Standards for Radon Emissions
from Phosphogypsum Stacks), and subpart W (National Emission Standards
for Radon-222 Emissions from Licensed Uranium Mill Tailings).
All of the information required pursuant to the Federal NSPS and
NESHAP (40 CFR parts 60 and 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 30 NSPS and 31 NESHAP to the
City of Albuquerque's Environmental Health Department. In regards to
Indian land, the President established in 1983 a Federal Indian Policy
which emphasized the principle of Indian ``self-government,'' and
direct dealing with Indian Nations on a ``government-to-government''
basis. Sources located on Indian lands in the State of New Mexico
should submit required information to 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,
K, R, 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.
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996. EPA submitted 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
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 60
Air pollution control, Aluminum, Ammonium sulfate plants, Cement
industry, Coal, Copper, Electric power plants, Fertilizer, Fossil-fuel
steam generators, Glass and glass products, Grain, Iron, Lead, Metals,
Motor vehicles, Nitric acid plants, Paper and paper industry, Petroleum
phosphate, Sewage disposal, Steel, Sulfuric acid plants, Waste
treatment and disposal of Zinc.
List of Subjects in 40 CFR Part 61
Air pollution control, Asbestos, Benzene, Beryllium, Hazardous
materials, Mercury, Vinyl chloride.
Authority: This document is issued under the authority of
sections 101, 111, 112 and 301 of the Clean Air Act, as amended (42
U.S.C. 7401, 7411, 7412 and 7601).
Dated: January 27, 1998.
Van P. Kozak,
Acting Regional Administrator, Region VI.
[FR Doc. 98-2879 Filed 2-4-98; 8:45 am]
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