[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57739-57746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17063]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2019-0615; FRL-10013-04-Region 6]


New Source Performance Standards and National Emission Standards 
for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-
Bernalillo County Air Quality Control Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The Albuquerque-Bernalillo County Air Quality Control Board 
(ABCAQCB) has submitted updated regulations for receiving delegation 
and approval of a program for the implementation and enforcement of 
certain New Source Performance Standards (NSPS) and National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for all sources (both 
Title V and non-Title V sources). These updated regulations apply to 
certain NSPS promulgated by the EPA, as amended between September 14, 
2013, and January 23, 2017; certain NESHAP promulgated by the EPA, as 
amended between September 14, 2013, and January 23, 2017; and other 
NESHAP promulgated by the EPA, as amended between September 14, 2013, 
and January 23, 2017, as adopted by the ABCAQCB. The EPA is providing 
notice that it is updating the delegation of certain NSPS to ABCAQCB 
and taking final action to approve the delegation of certain NESHAP to 
ABCAQCB. The delegation of authority under this action does not apply 
to sources located in areas defined as Indian Country.

DATES: This rule is effective on December 15, 2020 without further 
notice, unless the EPA receives relevant adverse comment by October 16, 
2020. If the EPA receives such comment, the EPA will publish a timely 
withdrawal in the Federal Register informing the public that the 
updated NESHAP delegation will not take effect; however, the NSPS 
delegation will not be affected by such action.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2019-0615, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Rick Barrett, (214) 665-
7227; email: [email protected]. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., 
copyrighted material or CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, EPA Region 6 Office, 
Air Permits Section, 214-665-7227; email: [email protected]. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Region 6 office will be closed to the public to reduce the risk of 
transmitting COVID-19. We encourage the public to submit comments via 
https://www.regulations.gov, as there will be a delay in processing 
mail and no courier or hand deliveries will be accepted. Please call or 
email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

Table of Contents

I. What does this action do?
II. What is the authority for delegation?
III. What criteria must ABCAQCB's programs meet to be approved?
IV. How did ABCAQCB meet the NSPS and NESHAP program approval 
criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will statutory and regulatory interpretations be made?
VIII. What authority does the EPA have?
IX. What information must ABCAQCB provide to the EPA?
X. What is the EPA's oversight role?
XI. Should sources submit notices to the EPA or ABCAQCB?
XII. How will unchanged authorities be delegated to ABCAQCB in the 
future?
XIII. Final Action
XIV. Statutory and Executive Order Reviews

I. What does this action do?

    The EPA is providing notice that it is updating the delegation for 
the implementation and enforcement of certain NSPS. The EPA is also 
taking direct final action to approve the delegation of certain NESHAP 
to ABCAQCB. With this delegation, ABCAQCB has the primary 
responsibility to implement and enforce the delegated standards. See 
sections VII and VIII, below, for a discussion of which standards are 
being delegated and which are not being delegated.

II. What is the authority for delegation?

    Upon the EPA's finding that the procedures submitted by a state or 
local agency for the implementation and enforcement of standards of 
performance for new sources located in the state or local agency are 
adequate, Section 111(c)(1) of the Clean Air Act (CAA) authorizes the 
EPA to delegate its authority to implement and enforce such standards. 
The NSPS are codified at 40 CFR part 60.
    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize 
the EPA to delegate authority for the implementation and enforcement of 
NESHAP to a state or local agency that satisfies the statutory and 
regulatory requirements in subpart E. The NESHAP are codified at 40 CFR 
parts 61 and 63.

III. What criteria must ABCAQCB's programs meet to be approved?

    In order to receive delegation of NSPS, a state must develop and 
submit to the EPA a procedure for implementing and enforcing the NSPS 
in the state, or in the local agency's jurisdiction as discussed above, 
and their regulations and resources must be adequate for the 
implementation and enforcement of the NSPS. The EPA initially approved 
ABCAQCB's program for the delegation of NSPS on December 20, 1989 (54 
FR 52031). The EPA reviewed the rules and regulations of the ABCAQCB 
and determined ABCAQCB's procedures, regulations and resources adequate 
for the implementation and enforcement of the Federal standards. The 
NSPS delegation was most recently updated on February 19, 2015 (80 FR 
8799). This action notifies the public that the EPA is updating 
ABCAQCB's delegation to

[[Page 57740]]

implement and enforce certain additional NSPS since the last update.
    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a state for the delegation of NESHAP if the EPA 
determines that:
    (A) The authorities contained in the program are not adequate to 
assure compliance by the sources within the state with respect to each 
applicable standard, regulation, or requirement established under 
section 112;
    (B) Adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) The schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) The program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 rules as promulgated without changes (straight delegation), 
a state must demonstrate that it meets the criteria of 40 CFR 63.91(d). 
40 CFR 63.91(d)(3) provides that interim or final Title V program 
approval will satisfy the criteria of 40 CFR 63.91(d).\1\
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    \1\ Some NESHAP do not require a source to obtain a Title V 
permit (e.g., certain area sources that are exempt from the 
requirement to obtain a Title V permit). For these non-Title V 
sources, the EPA believes that the state must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (Sept. 14, 2000).
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    The NESHAP delegation for ABCAQCB, as it applies to both Title V 
and non-Title V sources, was most recently approved on February 19, 
2015 (80 FR 8799).

IV. How did ABCAQCB meet the NSPS and NESHAP program approval criteria?

    As to the NSPS in 40 CFR part 60, ABCAQCB adopted the Federal 
standards via incorporation by reference into State regulations. The 
ABCAQCB regulations are, therefore, at least as stringent as the EPA's 
rules. See 40 CFR 60.10(a). Also, in the EPA initial approval of NSPS 
delegation, we determined that the State developed procedures for 
implementing and enforcing the NSPS in the State, and that the State's 
regulations and resources are adequate for the implementation and 
enforcement of the Federal standards. See 54 FR 52031 (December 20, 
1989).
    As to the NESHAP in 40 CFR parts 61 and 63, ABCAQCB's Title V 
program submission dated April 4, 1994, stated that it intended to use 
the mechanism of incorporation by reference to adopt unchanged Federal 
section 112 standards into its regulations. See 60 FR 2527 (January 10, 
1995). This commitment applied to both existing and future standards as 
they applied to part 70 sources. The EPA's final interim approval of 
ABCAQCB's Title V operating permits program delegated the authority to 
implement certain NESHAP. See 60 FR 13046 (March 10, 1995). On November 
26, 1996, the EPA promulgated final full approval of ABCAQCB's 
operating permits program, effective January 27, 1997 (61 FR 60032). 
These interim and final Title V program approvals satisfy the upfront 
approval criteria of 40 CFR 63.91(d). Under 40 CFR 63.91(d)(2), once a 
state has satisfied the up-front approval criteria, it needs only to 
reference the previous demonstration and reaffirm that it still meets 
the criteria for any subsequent submittals for delegation of the 
section 112 standards. As stated in its May 24, 2017, submittal, 
ABCAQCB has affirmed that it still meets the up-front approval 
criteria. With respect to non-Title V sources, the EPA has previously 
approved delegation of NESHAP authorities to ABCAQCB after finding 
adequate authorities to implement and enforce the NESHAP for non-Title 
V sources. See 70 FR 73138 (December 9, 2005).

V. What is being delegated?

    By letter dated May 24, 2017, the EPA received a request from 
ABCAQCB to update its NSPS delegation and NESHAP delegation. With 
certain exceptions noted in section VI below, ABCAQCB's request 
includes certain NSPS promulgated by the EPA at 40 CFR part 60, as 
amended between September 13, 2013, and January 23, 2017; certain 
NESHAP promulgated by the EPA at 40 CFR part 61, as amended between 
September 13, 2013, and January 23, 2017; and other NESHAP promulgated 
by the EPA at 40 CFR part 63, as amended between September 13, 2013, 
and January 23, 2017, as adopted by the ABCAQCB.

VI. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this 
action are not delegated. These include the following part 60, 61 and 
63 authorities listed below:
     40 CFR part 60, subpart AAA (Standards of Performance for 
New Residential Wood Heaters);
     40 CFR part 60, subpart QQQQ (Standards of Performance for 
New Residential Hydronic Heaters and Forced-Air Furnaces);
     40 CFR part 61, subpart B (National Emission Standards for 
Radon Emissions From Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for 
Emissions of Radionuclides Other Than Radon From Department of Energy 
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for 
Radionuclide Emissions From Federal Facilities Other Than Nuclear 
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for 
Radionuclide Emissions From Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for 
Radon Emissions From Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for 
Radon Emissions From Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for 
Radon Emissions From the Disposal of Uranium Mill Tailings);
     40 CFR part 61, subpart W (National Emission Standards for 
Radon Emissions From Operating Mill Tailings).
    In addition, the EPA regulations provide that we cannot delegate to 
a state any of the Category II authorities set forth in 40 CFR 
63.91(g)(2). These include the following provisions: Sec.  63.6(g), 
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9), 
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and 
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f), 
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some Part 61 and Part 63 standards have certain provisions that cannot 
be delegated to the states. Furthermore, no authorities are delegated 
that require rulemaking in the Federal Register to implement, or where 
Federal overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA section 112. 
Finally, this action does not delegate any authority under section 
112(r), the accidental release program.

[[Page 57741]]

    All inquiries and requests concerning implementation and 
enforcement of the excluded standards in Albuquerque-Bernalillo County 
should be directed to the EPA Region 6 Office.
    In addition, this delegation to ABCAQCB to implement and enforce 
certain NSPS and NESHAP authorities does not extend to sources or 
activities located in Indian country, as defined in 18 U.S.C. 1151.

VII. How will statutory and regulatory interpretations be made?

    In approving the NSPS delegation, ABCAQCB will obtain concurrence 
from the EPA on any matter involving the interpretation of section 111 
of the CAA or 40 CFR part 60 to the extent that implementation or 
enforcement of these provisions have not been covered by prior EPA 
determinations or guidance. See FR 52031 (December 20, 1989).
    In approving the NESHAP delegation, ABCAQCB will obtain concurrence 
from the EPA on any matter involving the interpretation of section 112 
of the CAA or 40 CFR parts 61 and 63 to the extent that implementation 
or enforcement of these provisions have not been covered by prior EPA 
determinations or guidance.

VIII. What authority does the EPA have?

    The EPA retains the right, as provided by CAA section 111(c)(2), to 
enforce any applicable emission standard or requirement under section 
111.
    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement under section 112. In addition, the EPA may enforce any 
federally approved state rule, requirement, or program under 40 CFR 
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make 
certain decisions under the General Provisions (subpart A) of parts 61 
and 63. We are delegating ABCAQCB some of these authorities, and 
retaining others, as explained in sections V and VI above. In addition, 
the EPA may review and disapprove determinations made by state and 
local authorities and subsequently require corrections. See 40 CFR 
63.91(g)(1)(ii). EPA also has the authority to review ACBAQCB's 
implementation and enforcement of approved rules or programs and to 
withdraw approval if we find inadequate implementation or enforcement. 
See 40 CFR 63.96.
    Furthermore, the EPA retains any authority in an individual 
emission standard that may not be delegated according to provisions of 
the standard. Also, listed in footnote 2 of the part 63 delegation 
table at the end of this rule are the authorities that cannot be 
delegated to any state or local agency which we therefore retain.
    Finally, the EPA retains the authorities stated in the initial 
notice of delegation of authority. See 54 FR 52031 (December 20, 1989).

IX. What information must ABCAQCB provide to the EPA?

    ABCAQCB must provide any additional compliance related information 
to the EPA, Region 6, Office of Enforcement and Compliance Assurance, 
within 45 days of a request under 40 CFR 63.96(a). In receiving 
delegation for specific General Provisions authorities, ABCAQCB must 
submit to EPA Region 6, on a semi-annual basis, copies of 
determinations issued under these authorities. See 40 CFR 
63.91(g)(1)(ii). For 40 CFR part 63 standards, these determinations 
include: Section 63.1, Applicability Determinations; Section 63.6(e), 
Operation and Maintenance Requirements--Responsibility for Determining 
Compliance; Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance; Section 63.6(h), Compliance 
with Opacity and Visible Emissions Standards--Responsibility for 
Determining Compliance; Sections 63.7(c)(2)(i) and (d), Approval of 
Site-Specific Test Plans; Section 63.7(e)(2)(i), Approval of Minor 
Alternatives to Test Methods; Section 63.7(e)(2)(ii) and (f), Approval 
of Intermediate Alternatives to Test Methods; Section 63.7(e)(iii), 
Approval of Shorter Sampling Times and Volumes When Necessitated by 
Process Variables or Other Factors; Sections 63.7(e)(2)(iv), (h)(2), 
and (h)(3), Waiver of Performance Testing; Sections 63.8(c)(1) and 
(e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) 
Test Plans; Section 63.8(f), Approval of Minor Alternatives to 
Monitoring; Section 63.8(f), Approval of Intermediate Alternatives to 
Monitoring; Section 63.9 and 63.10, Approval of Adjustments to Time 
Periods for Submitting Reports; Section 63.10(f), Approval of Minor 
Alternatives to Recordkeeping and Reporting; and Section 63.7(a)(4), 
Extension of Performance Test Deadline.

X. What is the EPA's oversight role?

    The EPA oversees the ABCAQCB's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that the ABCAQCB made decisions that decreased 
the stringency of the delegated standards, then the ABCAQCB shall be 
required to take corrective actions and the source(s) affected by the 
decisions will be notified. See 40 CFR 63.91(g)(1)(ii) and 63.91(b). 
Our oversight authorities allow us to initiate withdrawal of the 
program delegation if the corrective actions taken are insufficient. 
See 51 FR 20648 (June 6, 1986).

XI. Should sources submit notices to the EPA or ABCAQCB?

    All the information required pursuant to the Federal NSPS and 
NESHAP (40 CFR parts 60, 61 and 63) should be submitted by sources 
located inside the boundaries of Bernalillo County and areas outside of 
Indian country directly to the ABCAQCB at the following address: City 
of Albuquerque, Albuquerque Environmental Health Department, P.O. Box 
1293, Albuquerque, New Mexico 87103. The ABCAQCB is the primary point 
of contact with respect to delegated NSPS and NESHAP authorities. 
Sources do not need to send a copy to the EPA. The EPA Region 6 waives 
the requirement that copies of notifications and reports for delegated 
authorities be submitted to the EPA in addition to ABCAQCB in 
accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).\2\ For those 
authorities not delegated, sources must continue to submit all 
appropriate information to the EPA.
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    \2\ This waiver only extends to the submission of copies of 
notifications and reports; EPA does not waive the requirements in 
delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XII. How will unchanged authorities be delegated to ABCAQCB in the 
future?

    In the future, ABCAQCB will only need to send a letter of request 
to update their delegation to EPA, Region 6, for those NSPS which they 
have adopted by reference. The EPA will amend the relevant portions of 
the Code of Federal Regulations showing which NSPS standards have been 
delegated to ABCAQCB. Also, in the future, ABCAQCB will only need to 
send a letter of request for approval to EPA, Region 6, for those 
NESHAP regulations that ABCAQCB has adopted by reference. The letter 
must reference the previous up-front approval demonstration and 
reaffirm that it still meets the up-front approval criteria. We will 
respond in writing to the request stating that the request for 
delegation is either granted or denied. A Federal Register action will 
be published to

[[Page 57742]]

inform the public and affected sources of the delegation, indicate 
where source notifications and reports should be sent, and to amend the 
relevant portions of the Code of Federal Regulations showing which 
NESHAP standards have been delegated to ABCAQCB.

XIII. Final Action

    The public was provided the opportunity to comment on the proposed 
interim approval (60 FR 2570) and direct final interim approval (60 FR 
2527) of ABCAQCB's Title V operating permit program, and mechanism for 
delegation of section 112 standards as they apply to part 70 sources, 
on January 10, 1995. On March 10, 1995, EPA published an informational 
notice in the Federal Register informing the public that the direct 
final interim approval would remain final. (60 FR 13046). In today's 
action, the public is given the opportunity to comment on the approval 
of ABCAQCB's request for delegation of authority to implement and 
enforce certain section 112 standards for all sources (both part 70 and 
non-part 70 sources) which have been adopted by reference into 
ABCAQCB's regulations. However, the Agency views the approval of these 
requests as a noncontroversial action and anticipates no adverse 
comments. Therefore, EPA is publishing this rule without prior 
proposal. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the program and NESHAPs delegation of 
authority described in this action if adverse comments are received. 
This action will be effective December 15, 2020 without further notice 
unless the Agency receives relevant adverse comments by December 15, 
2020.
    If the EPA receives relevant adverse comments, we will publish a 
timely withdrawal in the Federal Register informing the public the rule 
will not take effect with respect to the updated NESHAPs delegation. We 
will address all public comments in a subsequent final rule based on 
the proposed rule. The EPA will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. Please note that if we receive relevant adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of a relevant adverse 
comment.

XIV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
is not an Executive Order 13771 regulatory action because this action 
is not significant under Executive Order 12866. This action merely 
approves state law as meeting Federal requirements and imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
approves pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). The EPA believes that this action does not 
have disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the delegation is not approved to apply in Indian country 
located in the State, and the EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.
    This action also does not have federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state request to receive 
delegation of certain Federal standards and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    In reviewing delegation submissions, EPA's role is to approve 
submissions, provided that they meet the criteria of the Clean Air Act. 
This action is not subject to the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 16, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See CAA section 307(b)(2).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 61

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous 
substances, Mercury, Intergovernmental relations,

[[Page 57743]]

Reporting and recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 30, 2020.
David Garcia,
Director, Air & Radiation Division, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR parts 60, 61, and 63 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
2. Section 60.4 is amended by revising paragraph (e)(3) to read as 
follows:


Sec.  60.4  Address.

* * * * *
    (e) * * *
    (3) Albuquerque-Bernalillo County Air Quality Control Board. The 
Albuquerque-Bernalillo County Air Quality Control Board has been 
delegated all part 60 standards promulgated by the EPA, except subpart 
AAA of this part and subpart QQQQ of this part as amended through 
January 23, 2017.

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

0
3. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
4. Section 61.04 is amended by revising paragraph (c)(6)(vi) to read as 
follows:


Sec.  61.04  Address.

* * * * *
    (c) * * *
    (6) * * *
    (vi) Albuquerque-Bernalillo County, New Mexico. The Albuquerque-
Bernalillo County Air Quality Control Board (ABCAQCB) has been 
delegated the following part 61 standards promulgated by EPA, as 
amended through January 23, 2017. The (X) symbol is used to indicate 
each subpart that has been delegated.

     Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for
                             Albuquerque-Bernalillo County Air Quality Control Board
                                         [Excluding Indian country] \1\
----------------------------------------------------------------------------------------------------------------
               Subpart                                     Source category                           ABCAQCB
----------------------------------------------------------------------------------------------------------------
A...................................  General Provisions.......................................               X
B...................................  Radon Emissions From Underground Uranium Mines...........
C...................................  Beryllium................................................               X
D...................................  Beryllium Rocket Motor Firing............................               X
E...................................  Mercury..................................................               X
F...................................  Vinyl Chloride...........................................               X
G...................................  (Reserved)...............................................
H...................................  Emissions of Radionuclides Other Than Radon From
                                       Department of Energy Facilities.
I...................................  Radionuclide Emissions From Federal Facilities Other Than
                                       Nuclear Regulatory Commission Licensees and Not Covered
                                       by Subpart H.
J...................................  Equipment Leaks (Fugitive Emission Sources) of Benzene...               X
K...................................  Radionuclide Emissions From Elemental Phosphorus Plants..
L...................................  Benzene Emissions From Coke By-Product Recovery Plants...               X
M...................................  Asbestos.................................................               X
N...................................  Inorganic Arsenic Emissions From Glass Manufacturing                    X
                                       Plants.
O...................................  Inorganic Arsenic Emissions From Primary Copper Smelters.               X
P...................................  Inorganic Arsenic Emissions From Arsenic Trioxide and                   X
                                       Metallic Arsenic Production Facilities.
Q...................................  Radon Emissions From Department of Energy Facilities.....
R...................................  Radon Emissions From Phosphogypsum Stacks................
S...................................  (Reserved)...............................................
T...................................  Radon Emissions From the Disposal of Uranium Mill
                                       Tailings.
U...................................  (Reserved)...............................................
V...................................  Equipment Leaks (Fugitives Emission Sources).............               X
W...................................  Radon Emissions From Operating Mill Tailings.............
X...................................  (Reserved)...............................................
Y...................................  Benzene Emissions From Benzene Storage Vessels...........               X
Z-AA................................  (Reserved)...............................................
BB..................................  Benzene Emissions From Benzene Transfer Operations.......               X
CC-EE...............................  (Reserved)...............................................
FF..................................  Benzene Waste Operations.................................               X
----------------------------------------------------------------------------------------------------------------
\1\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB).


[[Page 57744]]

* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
5. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
6. Section 63.99 is amended by revising paragraph (a)(32)(i) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (32) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to State and local air pollution agencies 
in New Mexico. The ``X'' symbol is used to indicate each subpart that 
has been delegated. The delegations are subject to all of the 
conditions and limitations set forth in Federal law and regulations. 
Some authorities cannot be delegated and are retained by the EPA. These 
include certain General Provisions authorities and specific parts of 
some standards. Any amendments made to these rules after January 23, 
2017 are not delegated.

                                     Delegation Status for Part 63 Standards
                                           [Excluding Indian country]
----------------------------------------------------------------------------------------------------------------
               Subpart                             Source category                  NMED 1 2       ABCAQCB 1 3
----------------------------------------------------------------------------------------------------------------
A....................................  General Provisions.....................               X                X
D....................................  Early Reductions.......................               X                X
F....................................  Hazardous Organic NESHAP (HON)--                      X                X
                                        Synthetic Organic Chemical
                                        Manufacturing Industry (SOCMI).
G....................................  HON--SOCMI Process Vents, Storage                     X                X
                                        Vessels, Transfer Operations and
                                        Wastewater.
H....................................  HON--Equipment Leaks...................               X                X
I....................................  HON--Certain Processes Negotiated                     X                X
                                        Equipment Leak Regulation.
J....................................  Polyvinyl Chloride and Copolymers                   (4)              (4)
                                        Production.
K....................................  (Reserved).............................
L....................................  Coke Oven Batteries....................               X                X
M....................................  Perchloroethylene Dry Cleaning.........               X                X
N....................................  Chromium Electroplating and Chromium                  X                X
                                        Anodizing Tanks.
O....................................  Ethylene Oxide Sterilizers.............               X                X
P....................................  (Reserved).............................
Q....................................  Industrial Process Cooling Towers......               X                X
R....................................  Gasoline Distribution..................               X                X
S....................................  Pulp and Paper Industry................               X                X
T....................................  Halogenated Solvent Cleaning...........               X                X
U....................................  Group I Polymers and Resins............               X                X
V....................................  (Reserved).............................
W....................................  Epoxy Resins Production and Non-Nylon                 X                X
                                        Polyamides Production.
X....................................  Secondary Lead Smelting................               X                X
Y....................................  Marine Tank Vessel Loading.............               X                X
Z....................................  (Reserved).............................
AA...................................  Phosphoric Acid Manufacturing Plants...               X                X
BB...................................  Phosphate Fertilizers Production Plants               X                X
CC...................................  Petroleum Refineries...................               X                X
DD...................................  Off-Site Waste and Recovery Operations.               X                X
EE...................................  Magnetic Tape Manufacturing............               X                X
FF...................................  (Reserved).............................
GG...................................  Aerospace Manufacturing and Rework                    X                X
                                        Facilities.
HH...................................  Oil and Natural Gas Production                        X                X
                                        Facilities.
II...................................  Shipbuilding and Ship Repair Facilities               X                X
JJ...................................  Wood Furniture Manufacturing Operations               X                X
KK...................................  Printing and Publishing Industry.......               X                X
LL...................................  Primary Aluminum Reduction Plants......               X                X
MM...................................  Chemical Recovery Combustion Sources at               X                X
                                        Kraft, Soda, Sulfide, and Stand-Alone
                                        Semichemical Pulp Mills.
NN...................................  Wool Fiberglass Manufacturing Area                    X                X
                                        Sources.
OO...................................  Tanks--Level 1.........................               X                X
PP...................................  Containers.............................               X                X
QQ...................................  Surface Impoundments...................               X                X
RR...................................  Individual Drain Systems...............               X                X
SS...................................  Closed Vent Systems, Control Devices,                 X                X
                                        Recovery Devices and Routing to a Fuel
                                        Gas System or a Process.
TT...................................  Equipment Leaks--Control Level 1.......               X                X
UU...................................  Equipment Leaks--Control Level 2                      X                X
                                        Standards.
VV...................................  Oil--Water Separators and Organic--                   X                X
                                        Water Separators.
WW...................................  Storage Vessels (Tanks)--Control Level                X                X
                                        2.
XX...................................  Ethylene Manufacturing Process Units                  X                X
                                        Heat Exchange Systems and Waste
                                        Operations.
YY...................................  Generic Maximum Achievable Control                    X                X
                                        Technology Standards.
ZZ-BBB...............................  (Reserved).............................
CCC..................................  Steel Pickling--HCI Process Facilities                X                X
                                        and Hydrochloric Acid Regeneration.
DDD..................................  Mineral Wool Production................               X                X
EEE..................................  Hazardous Waste Combustors.............               X                X

[[Page 57745]]

 
FFF..................................  (Reserved).............................
GGG..................................  Pharmaceuticals Production.............               X                X
HHH..................................  Natural Gas Transmission and Storage                  X                X
                                        Facilities.
III..................................  Flexible Polyurethane Foam Production..               X                X
JJJ..................................  Group IV Polymers and Resins...........               X                X
KKK..................................  (Reserved).............................
LLL..................................  Portland Cement Manufacturing..........               X                X
MMM..................................  Pesticide Active Ingredient Production.               X                X
NNN..................................  Wool Fiberglass Manufacturing..........               X                X
OOO..................................  Amino/Phenolic Resins..................               X                X
PPP..................................  Polyether Polyols Production...........               X                X
QQQ..................................  Primary Copper Smelting................               X                X
RRR..................................  Secondary Aluminum Production..........               X                X
SSS..................................  (Reserved).............................
TTT..................................  Primary Lead Smelting..................               X                X
UUU..................................  Petroleum Refineries--Catalytic                       X                X
                                        Cracking Units, Catalytic Reforming
                                        Units and Sulfur Recovery Plants.
VVV..................................  Publicly Owned Treatment Works (POTW)..               X                X
WWW..................................  (Reserved).............................
XXX..................................  Ferroalloys Production: Ferromanganese                X                X
                                        and Silicomanganese.
AAAA.................................  Municipal Solid Waste Landfills........               X                X
CCCC.................................  Nutritional Yeast Manufacturing........               X                X
DDDD.................................  Plywood and Composite Wood Products....           \5\ X            \5\ X
EEEE.................................  Organic Liquids Distribution...........               X                X
FFFF.................................  Misc. Organic Chemical Production and                 X                X
                                        Processes (MON).
GGGG.................................  Solvent Extraction for Vegetable Oil                  X                X
                                        Production.
HHHH.................................  Wet Formed Fiberglass Mat Production...               X                X
IIII.................................  Auto and Light Duty Truck (Surface                    X                X
                                        Coating).
JJJJ.................................  Paper and other Web (Surface Coating)..               X                X
KKKK.................................  Metal Can (Surface Coating)............               X                X
MMMM.................................  Misc. Metal Parts and Products (Surface               X                X
                                        Coating).
NNNN.................................  Surface Coating of Large Appliances....               X                X
OOOO.................................  Fabric Printing Coating and Dyeing.....               X                X
PPPP.................................  Plastic Parts (Surface Coating)........               X                X
QQQQ.................................  Surface Coating of Wood Building                      X                X
                                        Products.
RRRR.................................  Surface Coating of Metal Furniture.....               X                X
SSSS.................................  Surface Coating for Metal Coil.........               X                X
TTTT.................................  Leather Finishing Operations...........               X                X
UUUU.................................  Cellulose Production Manufacture.......               X                X
VVVV.................................  Boat Manufacturing.....................               X                X
WWWW.................................  Reinforced Plastic Composites                         X                X
                                        Production.
XXXX.................................  Rubber Tire Manufacturing..............               X                X
YYYY.................................  Combustion Turbines....................               X                X
ZZZZ.................................  Reciprocating Internal Combustion                     X                X
                                        Engines (RICE).
AAAAA................................  Lime Manufacturing Plants..............               X                X
BBBBB................................  Semiconductor Manufacturing............               X                X
CCCCC................................  Coke Ovens: Pushing, Quenching and                    X                X
                                        Battery Stacks.
DDDDD................................  Industrial/Commercial/Institutional               \6\ X            \6\ X
                                        Boilers and Process Heaters.
EEEEE................................  Iron Foundries.........................               X                X
FFFFF................................  Integrated Iron and Steel..............               X                X
GGGGG................................  Site Remediation.......................               X                X
HHHHH................................  Miscellaneous Coating Manufacturing....               X                X
IIIII................................  Mercury Cell Chlor-Alkali Plants.......               X                X
JJJJJ................................  Brick and Structural Clay Products                \7\ X            \7\ X
                                        Manufacturing.
KKKKK................................  Clay Ceramics Manufacturing............           \7\ X            \7\ X
LLLLL................................  Asphalt Roofing and Processing.........               X                X
MMMMM................................  Flexible Polyurethane Foam Fabrication                X                X
                                        Operation.
NNNNN................................  Hydrochloric Acid Production, Fumed                   X                X
                                        Silica Production.
OOOOO................................  (Reserved).............................
PPPPP................................  Engine Test Facilities.................               X                X
QQQQQ................................  Friction Products Manufacturing........               X                X
RRRRR................................  Taconite Iron Ore Processing...........               X                X
SSSSS................................  Refractory Products Manufacture........               X                X
TTTTT................................  Primary Magnesium Refining.............               X                X
UUUUU................................  Coal and Oil-Fired Electric Utility               \8\ X            \8\ X
                                        Steam Generating Units.
VVVVV................................  (Reserved).............................
WWWWW................................  Hospital Ethylene Oxide Sterilizers....               X                X
XXXXX................................  (Reserved).............................
YYYYY................................  Electric Arc Furnace Steelmaking Area                 X                X
                                        Sources.
ZZZZZ................................  Iron and Steel Foundries Area Sources..               X                X
AAAAAA...............................  (Reserved).............................

[[Page 57746]]

 
BBBBBB...............................  Gasoline Distribution Bulk Terminals,                 X                X
                                        Bulk Plants, and Pipeline Facilities.
CCCCCC...............................  Gasoline Dispensing Facilities.........               X                X
DDDDDD...............................  Polyvinyl Chloride and Copolymers                     X                X
                                        Production Area Sources.
EEEEEE...............................  Primary Copper Smelting Area Sources...               X                X
FFFFFF...............................  Secondary Copper Smelting Area Sources.               X                X
GGGGGG...............................  Primary Nonferrous Metals Area Source:                X                X
                                        Zinc, Cadmium, and Beryllium.
HHHHHH...............................  Paint Stripping and Miscellaneous                     X                X
                                        Surface Coating Operations at Area
                                        Sources.
IIIIII...............................  (Reserved).............................
JJJJJJ...............................  Industrial, Commercial, and                           X                X
                                        Institutional Boilers Area Sources.
KKKKKK...............................  (Reserved).............................
LLLLLL...............................  Acrylic and Modacrylic Fibers                         X                X
                                        Production Area Sources.
MMMMMM...............................  Carbon Black Production Area Sources...               X                X
NNNNNN...............................  Chemical Manufacturing Area Sources:                  X                X
                                        Chromium Compounds.
OOOOOO...............................  Flexible Polyurethane Foam Production                 X                X
                                        and Fabrication Area Sources.
PPPPPP...............................  Lead Acid Battery Manufacturing Area                  X                X
                                        Sources.
QQQQQQ...............................  Wood Preserving Area Sources...........               X                X
RRRRRR...............................  Clay Ceramics Manufacturing Area                      X                X
                                        Sources.
SSSSSS...............................  Glass Manufacturing Area Sources.......               X                X
TTTTTT...............................  Secondary Nonferrous Metals Processing                X                X
                                        Area Sources.
UUUUUU...............................  (Reserved).............................
VVVVVV...............................  Chemical Manufacturing Area Sources....               X                X
WWWWWW...............................  Plating and Polishing Operations Area                 X                X
                                        Sources.
XXXXXX...............................  Metal Fabrication and Finishing Area                  X                X
                                        Sources.
YYYYYY...............................  Ferroalloys Production Facilities Area                X                X
                                        Sources.
ZZZZZZ...............................  Aluminum, Copper, and Other Nonferrous                X                X
                                        Foundries Area Sources.
AAAAAAA..............................  Asphalt Processing and Asphalt Roofing                X                X
                                        Manufacturing Area Sources.
BBBBBBB..............................  Chemical Preparation Industry Area                    X                X
                                        Sources.
CCCCCCC..............................  Paints and Allied Products                            X                X
                                        Manufacturing Area Sources.
DDDDDDD..............................  Prepared Feeds Areas Sources...........               X                X
EEEEEEE..............................  Gold Mine Ore Processing and Production               X                X
                                        Area Sources.
FFFFFFF-GGGGGGG......................  (Reserved).............................
HHHHHHH..............................  Polyvinyl Chloride and Copolymers                     X                X
                                        Production Major Sources.
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which may not be delegated include: Sec.   63.6(g), Approval of Alternative Non-Opacity Emission
  Standards; Sec.   63.6(h)(9), Approval of Alternative Opacity Standards; Sec.   63.7(e)(2)(ii) and (f),
  Approval of Major Alternatives to Test Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified
  in the subparts (e.g., under ``Delegation of Authority'') that cannot be delegated.
\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as
  amended in the Federal Register through January 15, 2017.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
  promulgated by the EPA, as amended in the Federal Register through January 23, 2017.
\4\ The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted
  the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to the
  EPA by the United States Court of Appeals for the District of Columbia Circuit. See Mossville Environmental
  Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is
  not delegated to NMED or ABCAQCB at this time.
\5\ This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia
  Circuit. See 72 FR 61060 (October 29, 2007).
\6\ Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November
  20, 2015).
\7\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart
  KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015).
\8\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental
  Finding that it is appropriate and necessary to regulate HAP emissions from Coal-and Oil-fired EUSGU Units.
  See 81 FR 24420 (April 25, 2016).

* * * * *
[FR Doc. 2020-17063 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P