[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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