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/ 2003
/ December
/ Thursday, December 11, 2003
[Federal Register: December 11, 2003 (Volume 68, Number 238)]
[Rules and Regulations]
[Page 69036-69046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de03-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, and 63
[NM-40-2-7445a; FRL-7598-8]
New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to New Mexico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
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SUMMARY: The New Mexico Environment Department (NMED) has submitted
updated regulations for receiving delegation of EPA authority for
implementation and enforcement of New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants
(NESHAPs) for all sources (both part 70 and non-part 70 sources). These
regulations apply to certain NSPS promulgated by EPA, as amended
through September 1, 2002, and certain NESHAPs promulgated by EPA, as
amended through September 1, 2001 and September 1, 2002. The delegation
of authority under this notice does not apply to sources located in
Bernalillo County, New Mexico, or sources located in Indian Country.
EPA is providing notice that it has approved delegation of certain NSPS
to NMED, and taking direct final action to approve the delegation of
certain NESHAPs to NMED.
DATES: This rule is effective on February 9, 2004 without further
notice, unless EPA receives adverse comment by January 12, 2004. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in
[[Page 69037]]
the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffery Robinson, U.S. EPA, Region
6, Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue,
Dallas, TX 75202-2733, (214) 665-6435; or electronic mail at robinson.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What Does This Action Do?
III. What Is The Authority For Delegation?
IV. What Criteria Must New Mexico's Program Meet To Be Approved?
V. How Did NMED Meet The Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be
Made?
IX. What Authority Does EPA Have?
X. What Information Must NMED Provide To EPA?
XI. What Is EPA's Oversight Of This Delegation To NMED?
XII. Should Sources Submit Notices To EPA Or NMED?
XIII. How Will Unchanged Authorities Be Delegated To NMED In The
Future?
XIV. What Is The Relationship Between RCRA And The Hazardous Waste
Combustor MACT?
XV. Final Action
XVI. Statutory and Executive Order Reviews
I. General Information
A. What Is the Public Rulemaking File?
EPA is committed to ensuring public access to the information that
is used to inform the public of the Agency's decisions regarding the
environment and human health and to ensuring that the public has an
opportunity to participate in the Agency's decision process. The
official public rulemaking file consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. The public rulemaking file does not
include Confidential Business Information (CBI) or other information
for which disclosure is restricted by statute, although such
information is a part of the administrative record for this action. The
public rulemaking file is the collection of materials that is available
for public viewing at the Regional Office. The administrative record is
the collection of material used to inform the public of the Agency's
decision on this rulemaking action.
B. How Can I Get Copies of This Document and Other Related Information?
1. An official public rulemaking file is available for inspection
at the Regional Office. The Regional Office has established an official
public rulemaking file for this action under NM-40-2-7445a. The public
rulemaking file is available for viewing at the Air Permits Section,
U.S. Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. EPA requests that, if at all possible, you
contact the person listed in the For Further Information Contact
section two working days in advance to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4 p.m. excluding Federal holidays.
2. Copies of the State submittal. Copies of the State submittal are
also available for public inspection during official business hours, by
appointment at the New Mexico Environment Department, Air Quality
Bureau, 1190 St. Francis Drive, Santa Fe, New Mexico 87502.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulation.gov web site located at http://www.regulations.gov
where you can find, review, and submit comments on
federal rules that are open for comment and have been published in the
Federal Register.
The E Government Act of 2002 states that to ``to the extent
practicable'' agencies shall accept electronic comments and establish
electronic dockets. Also, President Bush's management plan for
government includes a government-wide electronic rulemaking system. The
first phase of the e-Rulemaking initiative was the development a
Federal portal that displays all Federal Register notices and proposed
rules open for comment. The URL for this site is http://www.regulations.gov.
The site also provides the public with the ability
to submit electronic comments that can then be transferred to the
Agency responsible for the rule.
EPA's policy is to make all comments it receives, whether submitted
electronically or on paper, available for public viewing at the
Regional Office as EPA receives them and without change. However, those
portions of a comment that contain properly identified and claimed CBI
or other information for which disclosure is restricted by statute will
be excluded from the public rulemaking file. The entire comment,
including publicly restricted information, will be included in the
administrative record for this action.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments. If you wish to submit CBI or
information that is otherwise protected by statute, please follow the
instructions in section I.D, below. Do not use e-mail to submit CBI or
information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment, and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the public rulemaking file, and may be made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to robinson.jeffrey@epa.gov, Attention ``Public comment on proposed
rulemaking NM-40-2-7445a.'' In contrast to EPA's electronic public
docket, EPA's e-mail system is not an ``anonymous access'' system. If
you send an e-mail comment directly to the Docket without going through
EPA's electronic public docket, EPA's e-mail system automatically
captures your e-mail address. E-mail addresses that are automatically
captured by EPA's e-mail system are included as part of the comment
that is placed in the official
[[Page 69038]]
public docket, and made available in EPA's electronic public docket.
ii. Regulations.gov. As an alternative to email, you may submit
comments electronically to EPA by using the Federal web-based portal
that displays all Federal Register notices and proposed rules open for
comment. To use this method, access the Regulations.gov Web site at
http://www.regulations.gov, then select ``Environmental Protection
Agency'' at the top of the page and click on the ``Go'' button. The
list of current EPA actions available for comment will be displayed.
Select the appropriate action and please follow the online instructions
for submitting comments. Unlike EPA's email system, the Regulations.gov
Web site is an ``anonymous'' system, which means EPA will not know your
identity, e-mail address, or other contact information, unless you
provide it in the text of your comments.
iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in section I.C.2,
directly below. These electronic submissions will be accepted in
WordPerfect, Word, or ASCII file format. You should avoid the use of
special characters and any form of encryption.
2. By Mail. Send your comments to: Jeff Robinson, Air Permits
Section (6PD-R), Multimedia Planning and Permitting Division, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. Please include the text ``Public comment on proposed
rulemaking NM-40-2-7445a'' in the subject line of the first page of
your comments.
3. By Hand Delivery or Courier. Deliver your written comments or
comments on a disk or CD-ROM to: Jeff Robinson, Air Permits Section
(6PD-R), Multimedia Planning and Permitting Division, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733, Attention ``Public comment on proposed rulemaking NM-
40-2-7445a.'' Such deliveries are only accepted during official hours
of business, which are Monday through Friday, 8:30 a.m. to 4 p.m.,
excluding Federal holidays.
D. How Should I Submit CBI to the Agency?
For comments submitted to the Agency by mail or hand delivery, in
either paper or electronic format, you may assert a business
confidentiality claim covering confidential business information (CBI)
included in your comment by clearly marking any part or all of the
information as CBI at the time the comment is submitted to EPA. CBI
should be submitted separately, if possible, to facilitate handling by
EPA. Submit one complete version of the comment that includes the
properly labeled CBI for EPA's official docket and one copy that does
not contain the CBI to be included in the public docket. If you submit
CBI on a disk or CD-ROM, mark on the outside of the disk or the CD-ROM
that it contains CBI and then identify the CBI within the disk or CD-
ROM. Also submit a non-CBI version if possible. Information which is
properly labeled as CBI and submitted by mail or hand delivery will be
disclosed only in accordance with procedures set forth in 40 CFR part
2. For comments submitted by EPA's e-mail system or through
Regulations.gov, no CBI claim may be asserted. Do not submit CBI to
Regulations.gov or via EPA's e-mail system. Any claim of CBI will be
waived for comments received through Regulations.gov or EPA's e-mail
system. For further advice on submitting CBI to the Agency, contact the
person listed in the FOR FURTHER INFORMATION CONTACT section of this
notice.
E. Privacy Notice
It is important to note that the comments you provide to EPA will
be publicly disclosed in a rulemaking docket or on the Internet. The
comments are made available for public viewing as EPA receives them and
without change. Any personal information you choose to include in your
comment will be included in the docket. However, EPA will exclude from
the public docket any information labeled confidential business
information (CBI), copyrighted material or other information restricted
from disclosure by statute.
Comments submitted via Regulations.gov will not collect any
personal information, e-mail addresses, or contact information unless
they are included in the body of the comment. Comments submitted via
Regulations.gov will be submitted anonymously unless you include
personal information in the body of the comment. Please be advised that
EPA cannot contact you for any necessary clarification if technical
difficulties arise unless your contact information is included in the
body of comments submitted through Regulations.gov. However, EPA's e-
mail system is not an anonymous system. E-mail addresses are
automatically captured by EPA's e-mail system and included as part of
your comment that is placed in the public rulemaking docket.
F. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
II. What Does This Action Do?
EPA is providing notice that it is delegating authority for
implementation and enforcement of certain NSPS to NMED. EPA is also
taking direct final action to approve the delegation of certain NESHAPs
to NMED. With this delegation, NMED has the primary responsibility to
implement and enforce the delegated standards.
III. What Is the Authority for Delegation?
Section 111(c)(1) of the Clean Air Act (CAA) authorizes EPA to
delegate authority to any state agency which submits adequate
regulatory procedures for implementation and enforcement of the NSPS
program. The NSPS standards are codified at 40 CFR part 60.
Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes
EPA to delegate authority to any state or local agency which submits
adequate regulatory procedures for implementation and enforcement of
emission standards for hazardous air pollutants. The hazardous air
pollutant standards are codified at 40 CFR parts 61 and 63.
IV. What Criteria Must New Mexico's Program Meet To Be Approved?
EPA previously approved NMED's program for the delegation of NSPS.
51 FR 20648 (June 6, 1986). This notice notifies the public that EPA is
updating NMED's delegation to implement and enforce certain NSPS. As to
the NESHAP standards in parts 61 and 63,
[[Page 69039]]
section 112(l) of the CAA enables EPA to approve State air toxics
programs or rules to operate in place of the Federal air toxics program
or rules. 40 CFR part 63, subpart E (Subpart E) governs EPA's approval
of State rules or programs under section 112(l).
EPA will approve an air toxics program if we find that:
(1) The State program is ``no less stringent'' than the
corresponding Federal program or rule;
(2) The State has adequate authority and resources to implement and
enforce the program;
(3) The schedule for implementation and compliance is sufficiently
expeditious; and
(4) The program otherwise complies with Federal guidance.
In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), only the criteria of 40 CFR 63.91(d) must be met. Section
63.91(d)(3) provides that interim or final Title V program approval
will satisfy the criteria of Sec. 63.91(d) for part 70 sources.
V. How Did NMED Meet the Subpart E Approval Criteria?
As part of its Title V submission, NMED stated that it intended to
use the mechanism of incorporation by reference to adopt unchanged
Federal section 112 into its regulations. This applied to both existing
and future standards as they applied to part 70 sources. 59 FR 26158,
26160-26161 (May 19, 1994). EPA approved NMED's program for receiving
delegation of existing and future standards when it granted final
interim approval to NMED's Title V program. 59 FR 59656, 59658 & 56960.
In addition, on November 26, 1996, EPA promulgated full approval of the
State's operating permits program as administered by NMED. 61 FR 60032.
Under 40 CFR 63.91(d)(2), once a state has satisfied up-front approval
criteria, it needs only to reference the previous demonstration and
reaffirm that it still meets the criteria for any subsequent
submittals. NMED has affirmed that it still meets the up-front approval
criteria.
VI. What Is Being Delegated?
EPA received requests to update the NSPS and NESHAP delegations on
November 13, 1998, August 16, 1999, April 25, 2002, and May 23, 2003.
NMED requested the EPA to update the delegation of authority for the
following:
A. NSPS (40 CFR part 60 standards) from July 2, 1997, through
September 1, 2002;
B. NESHAPs (40 CFR part 61 standards) from July 2, 1997 through
September 1, 2001; and
C. NESHAPs (40 CFR part 63 standards) from December 19, 1994
(effective date of final interim approval of NMED's Title V program).
NMED's request was for delegation of certain NSPS and NESHAP for
all sources (both part 70 and non-part 70 sources). The request
includes revisions of 20 NMAC 2.77, 20 NMAC 2.78, and 20 NMAC 2.82 as
adopted by the New Mexico Environmental Improvement Board. For NSPS,
this revision incorporated all NSPS promulgated by EPA (except subpart
AAA--Standards of Performance for New Residential Wood Heaters) as
amended in the Federal Register through September 1, 2002. The
effective date of the Federal delegation for NSPS under section 111 is
the date that this Federal Register is published. For the part 61
NESHAPs, this revision included all NESHAPs promulgated by EPA as
amended in the Federal Register through September 1, 2001, excluding
Subparts B, H, I, K, Q, R, T, and W. For the part 63 NESHAPs, this
includes the NESHAPs set forth in Table 1 below. The effective date of
the Federal delegation for parts 61 and 63 standards is the effective
date of this rule.
Table 1.--40 CFR Part 63 NESHAPs for Source Categories Delegated to NMED
------------------------------------------------------------------------
Subpart Source category
------------------------------------------------------------------------
A...................................... General Provisions.
D...................................... Early Reductions.
F...................................... Hazardous Organic NESHAP (HON)--
Synthetic Organic Chemical
Manufacturing Industry
(SOCMI).
G...................................... HON--SOCMI Process Vents,
Storage Vessels, Transfer
Operations and Wastewater.
H...................................... HON--Equipment Leaks.
I...................................... HON--Certain Processes
Negotiated Equipment Leak
Regulation.
J...................................... Polyvinyl Chloride and
Copolymers Production.
L...................................... Coke Oven Batteries.
M...................................... Perchloroethylene Dry Cleaning.
N...................................... Chromium Electroplating and
Chromium Anodizing Tanks.
O...................................... Ethylene Oxide Sterilizers.
Q...................................... Industrial Process Cooling
Towers.
R...................................... Gasoline Distribution.
S...................................... Pulp and Paper Industry.
T...................................... Halogenated Solvent Cleaning.
U...................................... Group I Polymers and Resins.
W...................................... Epoxy Resins Production and Non-
Nylon Polyamides Production.
X...................................... Secondary Lead Smelting.
Y...................................... Marine Tank Vessel Loading.
AA..................................... Phosphoric Acid Manufacturing
Plants.
BB..................................... Phosphate Fertilizers
Production Plants.
CC..................................... Petroleum Refineries.
DD..................................... Off-Site Waste and Recovery
Operations.
EE..................................... Magnetic Tape Manufacturing.
GG..................................... Aerospace Manufacturing and
Rework Facilities.
HH..................................... Oil and Natural Gas Production
Facilities.
II..................................... Shipbuilding and Ship Repair
Facilities.
JJ..................................... Wood Furniture Manufacturing
Operations.
KK..................................... Printing and Publishing
Industry.
LL..................................... Primary Aluminum Reduction
Plants.
MM..................................... Chemical Recovery Combustion
Sources at Kraft, Soda,
Sulfide, and Stand-Alone
Semichemical Pulp Mills.
OO..................................... Tanks--Level 1.
PP..................................... Containers.
[[Page 69040]]
QQ..................................... Surface Impoundments.
RR..................................... Individual Drain Systems.
SS..................................... Closed Vent Systems, Control
Devices, Recovery Devices and
Routing to a Fuel Gas System
or a Process.
TT..................................... Equipment Leaks--Control Level
1.
UU..................................... Equipment Leaks--Control Level
2 Standards.
VV..................................... Oil-Water Separators and
Organic-Water Separators.
WW..................................... Storage Vessels (Tanks)--
Control Level 2.
YY..................................... Generic Maximum Achievable
Control Technology Standards.
CCC.................................... Steel Pickling--HCl Process
Facilities and Hydrochloric
Acid Regeneration Plants.
DDD.................................... Mineral Wool Production.
EEE.................................... Hazardous Waste Combustors.
GGG.................................... Pharmaceuticals Production.
HHH.................................... Natural Gas Transmission and
Storage Facilities.
III.................................... Flexible Polyurethane Foam
Production.
JJJ.................................... Group IV Polymers and Resins.
LLL.................................... Portland Cement Manufacturing.
MMM.................................... Pesticide Active Ingredient
Production.
NNN.................................... Wool Fiberglass Manufacturing.
OOO.................................... Amino/Phenolic Resins.
PPP.................................... Polyether Polyols Production.
QQQ.................................... Primary Copper Smelting.
RRR.................................... Secondary Aluminum Production.
TTT.................................... Primary Lead Smelting.
UUU.................................... Petroleum Refineries--Catalytic
Cracking Units, Catalytic
Reforming Units and Sulfur
Recovery Plants.
VVV.................................... Publicly Owned Treatment Works
(POTW).
XXX.................................... Ferroalloys Production:
Ferromanganese and
Silicomanganese.
CCCC................................... Nutritional Yeast
Manufacturing.
GGGG................................... Solvent Extraction for
Vegetable Oil Production.
HHHH................................... Wet Formed Fiberglass Mat
Production.
NNNN................................... Surface Coating of Large
Appliances.
SSSS................................... Surface Coating of Metal Coil.
TTTT................................... Leather Finishing Operations.
UUUU................................... Cellulose Production
Manufacture.
VVVV................................... Boat Manufacturing.
XXXX................................... Tire Manufacturing.
CCCCC.................................. Coke Ovens: Pushing, Quenching
and Battery Stacks.
------------------------------------------------------------------------
VII. What Is Not Being Delegated?
As mentioned above, NMED has not been delegated the authority for
the following standards:
40 CFR part 60, subpart AAA (Standards of Performance for New
Residential Wood Heaters);
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); and
40 CFR part 61, subpart W (National Emission Standards for Radon
Emissions from Operating Mill Tailings).
In addition, EPA cannot delegate to a State any of the Category II
Subpart A 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. In addition, some MACT standards have
certain provisions that cannot be delegated to the States [e.g. 40 CFR
63.106(b)].\1\ Therefore, any MACT standard that EPA is delegating to
NMED that provides that certain authorities cannot be delegated are
retained by EPA and not delegated. 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, section 112(r), the accidental release program
authority, is not being delegated by this approval.
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\1\ On June 23, 2003, EPA modified certain NESHAPs to clarify
which authorities can be delegated to State, local, and tribal
agencies. 68 FR 37334. However, this delegation is not directly
affected by these changes, since NMED is receiving delegation of the
part 63 standards that were promulgated by EPA, as amended through
September 1, 2002.
---------------------------------------------------------------------------
All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of New Mexico should
be directed to the EPA Region 6 Office.
In addition, this delegation to NMED to implement and enforce
certain NSPS
[[Page 69041]]
and NESHAPs does not extend to sources or activities located in Indian
country, as defined in 18 U.S.C. 1151. Under this definition, EPA
treats as reservations, trust lands validly set aside for the use of a
Tribe even if the trust lands have not been formally designated as a
reservation. Consistent with previous Federal program approvals or
delegations, EPA will continue to implement the NSPS and NESHAPs in
Indian country because NMED has not adequately demonstrated its
authority over sources and activities located within the exterior
boundaries of Indian reservations and other areas in Indian country.
Also, this delegation does not extend to sources or activities
located in Bernalillo County because the Albuquerque/Bernalillo County
Air Quality Control Board and the Albuquerque Environmental Health
Department have jurisdiction to administer and enforce provisions of
the New Mexico Air Quality Control Act in Bernalillo County (excluding
Indian country). The Albuquerque/Bernalillo County Air Quality Control
Board and the Albuquerque Environmental Health Department have been
delegated the authority to implement and enforce certain NSPS and
NESHAPs by EPA. See 60 FR 52329 (October 6, 1995).
VIII. How Will Applicability Determinations Under Section 112 Be Made?
In approving this delegation, NMED will obtain concurrence from EPA
on any matter involving the interpretation of section 112 of the CAA or
40 CFR part 63 to the extent that implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.
IX. What Authority Does EPA Have?
We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under section
112. EPA also has the authority to make certain decisions under the
General Provisions (subpart A) of part 63. We are granting NMED some of
these authorities, and retaining others, as explained in sections VI
and VII above. In addition, EPA may review and disapprove of State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in the footnotes 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.
X. What Information Must NMED Provide to EPA?
In delegating the authority to implement and enforce these rules
and in granting a waiver of EPA notification requirements, we require
NMED to input all source information into the Aerometric Information
Retrieval System (AIRS) for both point and area sources. NMED must
enter this information into the AIRS system and update the information
by September 30 of every year. NMED must provide any additional
compliance related information to 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, NMED must submit to EPA Region 6 on a semi-annual basis,
copies of determinations issued under these authorities. For part 63
standards, these determinations include: applicability determinations
(Sec. 63.1); approvals/disapprovals of construction and reconstruction
(Sec. 63.5(e) and (f)); notifications regarding the use of a
continuous opacity monitoring system (Sec. 63.6(h)(7)(ii)); finding of
compliance (Sec. 63.6(h)(8)); approvals/disapprovals of compliance
extensions (Sec. 63.6(i)); approvals/disapprovals of minor (Sec.
63.7(e)(2)(i)) or intermediate (Sec. 63.7(e)(2)(ii) and (f))
alternative test methods; approval of shorter sampling times and
volumes (Sec. 63.7(e)(2)(iii)); waiver of performance testing (Sec.
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or
intermediate alternative monitoring methods (Sec. 63.8(f)); approval
of adjustments to time periods for submitting reports (Sec. Sec. 63.9
and 63.10); and approvals/disapprovals of minor alternatives to
recordkeeping and reporting (Sec. 63.10(f)).
Additionally, EPA's Emission Measurement Center of the Emissions
Monitoring and Analysis Division must receive copies of any approved
intermediate changes to test methods or monitoring. (Please note that
intermediate changes to test methods must be demonstrated as equivalent
through the procedures set out in EPA method 301.) This information on
approved intermediate changes to test methods and monitoring will be
used to compile a database of decisions that will be accessible to
State and local agencies and EPA Regions for reference in making future
decisions. (For definitions of major, intermediate and minor
alternative test methods or monitoring methods, see 40 CFR 63.90.) The
NMED should forward these intermediate test methods or monitoring
changes via mail or facsimile to: Chief, Source Categorization Group A,
EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone
number: (919) 541-1039.
XI. What Is EPA's Oversight of This Delegation to NMED?
EPA must oversee NMED'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 NMED made decisions that decreased the
stringency of the delegated standards, then NMED shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient.
XII. Should Sources Submit Notices to EPA or NMED?
All of the information required pursuant to the Federal NSPS and
NESHAP (40 CFR parts 60, 61, and 63) should be submitted by sources
located outside the boundaries of Bernalillo County and areas outside
of Indian country, directly to the NMED at the following address:
Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, New Mexico
87502. The NMED is the primary point of contact with respect to
delegated NSPS and NESHAPs. Sources do not need to send a copy to EPA.
EPA Region 6 waives the requirement that notifications and reports for
delegated standards be submitted to EPA in addition to NMED in
accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).
XIII. How Will Unchanged Authorities Be Delegated to NMED in the
Future?
In the future, NMED will only need to send a letter of request to
EPA, Region 6, for those NSPS and NESHAP regulations that NMED 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. If a
request is approved, the effective date of the delegation will be the
date of our response letter. A Federal Register
[[Page 69042]]
notice will be published to inform the public and affected sources of
the delegation, indicating where source notifications and reports
should be sent, and to amend the relevant portions of the Code of
Federal Regulations showing which NSPS and NESHAP standards have been
delegated to NMED.
XIV. What Is the Relationship Between RCRA and the Hazardous Waste
Combustor MACT?
As part of today's rule, we are delegating, under the CAA,
implementation and enforcement authority for the Hazardous Waste
Combustor (HWC) MACT (subpart EEE) to NMED. Many of the sources subject
to the HWC MACT are also subject to the RCRA permitting requirements.
We expect air emissions and related operating requirements found in the
HWC MACT will be included in part 70 permits issued by NMED. However,
RCRA permits will still be required for all other aspects of the
combustion unit and the facility that are governed by RCRA (e.g.,
corrective action, general facility standards, other combustor-specific
concerns such as materials handling, risk-based emissions limits and
operating requirements, as appropriate and other hazardous waste
management units).\2\ See the HWC MACT rule preamble discussion (64 FR
52828, 52839-52843 (September 30, 1999)), and the RCRA Site-Specific
Risk Assessment Policy for HWC Facilities dated June 2000 for more
information on the interrelationship of the MACT rule with the RCRA
Omnibus provision and site specific risk assessments.
---------------------------------------------------------------------------
\2\ EPA promulgated the HWC MACT (40 CFR part 63, subpart EEE)
under the joint authority of the CAA and RCRA. Before this rule went
in to effect, the air emissions from these sources were primarily
regulated under the authority of RCRA. See 40 CFR parts 264, 265,
266, and 270. With the release of HWC MACT, the air emissions are
now regulated under both CAA and RCRA. Even though both statutes
give EPA the authority to regulate air emissions, we determined that
having the emissions standards and permitting requirements in both
sets of implementing regulations would be duplicative. For this
reason, using the authority provided by section 1006(b) of RCRA, EPA
deferred the RCRA requirements for the HWC emission controls to the
CAA requirements of 40 CFR part 63, Subpart EEE. After a facility
has demonstrated compliance with the HWC MACT, the RCRA standards
for air emissions from these units will no longer apply, with the
exception of section 3005(c)(3) of RCRA, which requires that each
RCRA permit contain the terms and conditions necessary to protect
human health and the environment. Under this provision of RCRA, if a
regulatory authority determines that more stringent conditions than
the HWC MACT are necessary to protect human health and the
environment for a particular facility, then that regulatory
authority may impose those conditions in the facility's RCRA permit.
---------------------------------------------------------------------------
XV. Final Action
The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of section 112
standards, as applied to part 70 sources, on May 19, 1994. The proposal
was part of EPA's proposed approval of New Mexico's Operating Permits
Program. 59 FR at 26160. The EPA did not receive any public comments on
the proposed delegation of section 112 standards. 59 FR 59656 (November
18, 1994). In this action, the public is given the opportunity to
comment on the approval of NMED 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 New Mexico's state 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
delegation of authority described in this action if adverse comments
are received. This action will be effective February 9, 2004 without
further notice unless the Agency receives relevant adverse comments by
January 12, 2004.
If EPA receives adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect. 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
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
an adverse comment.
XVI. 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
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 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). 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.
In this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a delegation submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA to use VCS in place of
a delegation submission that otherwise satisfies the provisions of the
Clean Air Act. Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.
This rule does not impose an information collection burden under
the
[[Page 69043]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 9, 2004. 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 section 307(b)(2).)
List of Subjects
40 CFR Part 60
Environmental protection, Air pollution control, Administrative
practice and procedure, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 61
Environmental protection, Air pollution control, Administrative
practice and procedure, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Air pollution control, Administrative
practice and procedure, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
111 and 112 of the Clean Air Act, as amended, 42 U.S.C. 7411 and
7412.
Dated: November 26, 2003.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
0
40 CFR parts 60, 61, and 63 are amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 60.4 is amended by revising paragraph (b)(GG) and adding
paragraph (e) to read as follows:
Sec. 60.4 Address
(b) * * *
* * * * *
(GG) State of New Mexico: New Mexico Environment Department, 1190
St. Francis Drive, P.O. Box 26110, Santa Fe, New Mexico 87502. Note:
For a list of delegated standards for New Mexico (excluding Bernalillo
County and Indian country), see paragraph (e)(1) of this section.
* * * * *
(e) The following lists the specific part 60 standards that have
been delegated unchanged to the air pollution control agencies in
Region 6.
(1) New Mexico. The New Mexico Environment Department has been
delegated all part 60 standards promulgated by EPA, except subpart
AAA--Standards of Performance for New Residential Wood Heaters, as
amended in the Federal Register through September 1, 2002.
PART 61--[AMENDED]
0
3. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 61.04 is amended by revising paragraph (b)(GG) and adding
paragraph (c)(6) to read as follows:
Sec. 61.04 Address.
(b) * * *
* * * * *
(GG) State of New Mexico: New Mexico Environment Department, 1190
St. Francis Drive, P.O. Box 26110, Santa Fe, New Mexico 87502. For a
list of delegated standards for New Mexico (excluding Bernalillo County
and Indian country), see paragraph (c)(6) of this section.
* * * * *
(c) * * *
* * * * *
(6) The following lists the specific part 61 standards that have
been delegated unchanged to the air pollution control agencies in
Region 6.
(i)-(ii). [Reserved]
(iii) New Mexico. The New Mexico Environment Department (NMED) has
been delegated the following part 61 standards promulgated by EPA, as
amended in the Federal Register through September 1, 2001. 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 New Mexico (Excluding Bernalillo
County and Indian Country)\1\
------------------------------------------------------------------------
Subpart Source category New Mexico
------------------------------------------------------------------------
A.............................. General Provisions....... X
B.............................. Radon Emissions From
Underground Uranium
Mines.
C.............................. Beryllium................ X
D.............................. Beryllium Rocket Motor X
Firing.
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 X
Emission Sources) of
Benzene.
K.............................. Radionuclide Emissions
From Elemental
Phosphorus Plants.
L.............................. Benzene Emissions From X
Coke By-Product Recovery
Plants.
M.............................. Asbestos................. X
N.............................. Inorganic Arsenic X
Emissions From Glass
Manufacturing Plants.
O.............................. Inorganic Arsenic X
Emissions From Primary
Copper Smelters.
[[Page 69044]]
P.............................. Inorganic Arsenic X
Emissions From Arsenic
Trioxide and 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 (Fugitive X
Emission Sources).
W.............................. Radon Emissions From
Operating Mill Tailings.
X.............................. (Reserved)...............
Y.............................. Benzene Emissions From X
Benzene Storage Vessels.
Z-AA........................... (Reserved)...............
BB............................. Benzene Emissions From X
Benzene Transfer
Operations.
CC-EE.......................... (Reserved)...............
FF............................. Benzene Waste Operations. X
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).
(iv)-(vi). [Reserved]
PART 63--[AMENDED]
0
5. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
6. Section 63.99 is amended by adding paragraph (a)(31) to read as
follows:
(a) * * *
* * * * *
(31) New Mexico.
(i) The following table lists the specific part 63 standards
promulgated by EPA, that have been delegated unchanged to the New
Mexico Environment Department for all sources (both part 70 and non-
part 70 sources). The delegation applies to the following part 63
standards promulgated by EPA, as amended in the Federal Register
through September 1, 2002. The (X) symbol is used to indicate each
subpart that has been delegated.
Delegation Status for Part 63 Standards--New Mexico (Excluding
Bernalillo County and Indian Country) \1\
------------------------------------------------------------------------
Subpart Source category New Mexico
------------------------------------------------------------------------
A.............................. General Provisions \2\... X
D.............................. Early Reductions......... X
F.............................. Hazardous Organic NESHAP X
(HON)--Synthetic Organic
Chemical Manufacturing
Industry (SOCMI).
G.............................. HON--SOCMI Process Vents, X
Storage Vessels,
Transfer Operations and
Wastewater.
H.............................. HON--Equipment Leaks..... X
I.............................. HON--Certain Processes X
Negotiated Equipment
Leak Regulation.
J.............................. Polyvinyl Chloride and X
Copolymers Production.
K.............................. (Reserved)............... ............
L.............................. Coke Oven Batteries...... X
M.............................. Perchloroethylene Dry X
Cleaning.
N.............................. Chromium Electroplating X
and Chromium Anodizing
Tanks.
O.............................. Ethylene Oxide X
Sterilizers.
P.............................. (Reserved)............... ............
Q.............................. Industrial Process X
Cooling Towers.
R.............................. Gasoline Distribution.... X
S.............................. Pulp and Paper Industry.. X
T.............................. Halogenated Solvent X
Cleaning.
U.............................. Group I Polymers and X
Resins.
V.............................. (Reserved)............... ............
W.............................. Epoxy Resins Production X
and Non-Nylon Polyamides
Production.
X.............................. Secondary Lead Smelting.. X
Y.............................. Marine Tank Vessel X
Loading.
Z.............................. (Reserved)............... ............
AA............................. Phosphoric Acid X
Manufacturing Plants.
BB............................. Phosphate Fertilizers X
Production Plants.
CC............................. Petroleum Refineries..... X
DD............................. Off-Site Waste and X
Recovery Operations.
EE............................. Magnetic Tape X
Manufacturing.
FF............................. (Reserved)............... ............
GG............................. Aerospace Manufacturing X
and Rework Facilities.
HH............................. Oil and Natural Gas X
Production Facilities.
II............................. Shipbuilding and Ship X
Repair Facilities.
JJ............................. Wood Furniture X
Manufacturing Operations.
KK............................. Printing and Publishing X
Industry.
LL............................. Primary Aluminum X
Reduction Plants.
MM............................. Chemical Recovery ............
Combustion Sources at
Kraft, Soda, Sulfide,
and Stand-Alone
Semichemical Pulp Mills.
[[Page 69045]]
NN............................. (Reserved)............... ............
OO............................. Tanks--Level 1........... X
PP............................. Containers............... X
QQ............................. Surface Impoundments..... X
RR............................. Individual Drain Systems. X
SS............................. Closed Vent Systems, X
Control Devices,
Recovery Devices and
Routing to a Fuel Gas
System or a Process.
TT............................. Equipment Leaks--Control X
Level 1.
UU............................. Equipment Leaks--Control X
Level 2 Standards.
VV............................. Oil-Water Separators and X
Organic-Water Separators.
WW............................. Storage Vessels (Tanks)-- X
Control Level 2.
XX............................. (Reserved)............... ............
YY............................. Generic Maximum X
Achievable Control
Technology Standards.
ZZ-BBB......................... (Reserved)............... ............
CCC............................ Steel Pickling--HCl X
Process Facilities and
Hydrochloric Acid
Regeneration.
DDD............................ Mineral Wool Production.. X
EEE............................ Hazardous Waste X
Combustors.
FFF............................ (Reserved)............... ............
GGG............................ Pharmaceuticals X
Production.
HHH............................ Natural Gas Transmission X
and Storage Facilities.
III............................ Flexible Polyurethane X
Foam Production.
JJJ............................ Group IV Polymers and X
Resins.
KKK............................ (Reserved)............... ............
LLL............................ Portland Cement X
Manufacturing.
MMM............................ Pesticide Active X
Ingredient Production.
NNN............................ Wool Fiberglass X
Manufacturing.
OOO............................ Amino/Phenolic Resins.... X
PPP............................ Polyether Polyols X
Production.
QQQ............................ Primary Copper Smelting.. X
RRR............................ Secondary Aluminum X
Production.
SSS............................ (Reserved)............... ............
TTT............................ Primary Lead Smelting.... X
UUU............................ Petroleum Refineries-- X
Catalytic Cracking
Units, Catalytic
Reforming Units and
Sulfur Recovery Plants.
VVV............................ Publicly Owned Treatment X
Works (POTW).
http://WWW............................ (Reserved)............... ............
XXX............................ Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA........................... Municipal Solid Waste ............
Landfills.
CCCC........................... Nutritional Yeast X
Manufacturing.
EEEE........................... Organic Liquids ............
Distribution.
GGGG........................... Solvent Extraction for X
Vegetable Oil Production.
HHHH........................... Wet Formed Fiberglass Mat X
Production.
JJJJ........................... Paper and other Web ............
(Surface Coating).
KKKK........................... Metal Can (Surface ............
Coating).
NNNN........................... Surface Coating of Large X
Appliances.
OOOO........................... Fabric Printing Coating ............
and Dyeing.
PPPP........................... Plastic Parts (Surface ............
Coating).
QQQQ........................... Surface Coating of Wood ............
Building Products.
RRRR........................... Surface Coating of Metal ............
Furniture.
SSSS........................... Surface Coating for Metal X
Coil.
TTTT........................... Leather Finishing X
Operations.
UUUU........................... Cellulose Production X
Manufacture.
VVVV........................... Boat Manufacturing....... X
Whttp://WWW........................... Reinforced Plastic ............
Composites Production.
XXXX........................... Tire Manufacturing....... X
YYYY........................... Combustion Turbines...... ............
BBBBB.......................... Semiconductor ............
Manufacturing.
CCCCC.......................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
EEEEE.......................... Iron Foundries........... ............
FFFFF.......................... Integrated Iron and Steel ............
GGGGG.......................... Site Remediation......... ............
HHHHH.......................... Miscellaneous Coating ............
Manufacturing.
IIIII.......................... Mercury Cell Chlor-Alkali ............
Plants.
JJJJJ.......................... Brick and Structural Clay ............
Products Manufacturing.
KKKKK.......................... Clay Ceramics ............
Manufacturing.
LLLLL.......................... Asphalt Roofing and ............
Processing.
MMMMM.......................... Flexible Polyurethane ............
Foam Fabrication
Operation.
NNNNN.......................... Hydrochloric Acid ............
Production, Fumed Silica
Production.
PPPPP.......................... Engine Test Facilities... ............
QQQQQ.......................... Friction Products ............
Manufacturing.
RRRRR.......................... Taconite Iron Ore ............
Processing.
SSSSS.......................... Refractory Products ............
Manufacture.
[[Page 69046]]
TTTTT.......................... Primary Magnesium ............
Refining.
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).
\2\ Authorities that cannot be delegated include 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. In
addition, all authorities identified in the certain subparts that EPA
has designated that cannot be delegated.
[FR Doc. 03-30710 Filed 12-10-03; 8:45 am]
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