CAA Program Delegation Status for New Mexico — NSPS Part 60

SubpartDescriptionNMED4ABCAQCB5Non-Delegable Authorities
AGeneral ProvisionsYesYes
See Note 1 for NSPS Part 60, for explanation of delegation authorities, as well as the following specific references:
§ 60.4(b) Addresses of State and Local Implementing Agencies
§§ 60.8(b)(2), 60.8(b)(3) (partial limitation) Approval of "Major Change to Test Methods". (Note: Any references to the authority in section 60.8(b) are reminders of the provisions of section 60.8 and are not separate authorities which can be delegated.)​
§ 60.9 - Availability of Information Procedure for EPA - not applicable to State/local agencies.
§ 60.11(b) (partial limitation) Approval of ‘‘Major Change to Test Methods’’--alternative to ‘‘Method 9’’ test method.
§§ 60.11(e)(7), 60.11(e)(8) Approval of Alternative Opacity Standard.
§ 60.13(a) (partial limitation) Approval of ‘‘Major Change to Monitoring’’-specification of continuous monitoring systems requirements.
§ 60.13(d)(2) (partial limitation) Approval of ‘‘Major Change to Monitoring’’-continuous opacity monitoring systems.
§ 60.13(g)(1) Approval of installation of fewer monitoring systems when one affected facility/source vents through more than one point (this is a major change to monitoring).
§ 60.13(i) (partial limitation) Approval of ‘‘Major Change to Monitoring’’.
AASteel Plants: Electric Arc Furnaces After 10/21/74 & On or Before 8/17/83YesYes
AAAASmall Municipal Waste Combustion Units (Construction is Commenced After 8/30/99 or Modification/Reconstruction is Commenced After 6/06/2001)YesYes
AAaSteel Plants: Electric Arc Furnaces& Argon-Oxygen Decarburization Vessels After 8/07/83YesYes
BBKraft Pulp MillsYesYes
BBBRubber Tire Manufacturing IndustryYesYes
CCGlass Manufacturing PlantsYesYes
CCCCCommercial & Industrial Solid Waste Incineration Units (Construction is Commenced After 11/30/1999 or Modification/Reconstruction is Commenced on or After 6/01/2001)YesYes
DFossil Fueled Steam Generators (>250 MM BTU/hr)YesYes
DDGrain ElevatorsYesYes
DDDVolatile Organic Compound (VOC) Emissions from the Polymer Manufacturing IndustryYesYes
DaElectric Utility Steam Generating Units (>250 MM BTU/hr)YesYes
60.45a Approval of emerging technology.
DbIndustrial-Commercial-Institutional Steam Generating Units (100 to 250 MM BTU/hr)YesYes
DcIndustrial-Commercial-Institutional Small Steam Generating Units (10 to 100 MM BTU/hr)YesYes
EIncinerators (> 50 tons per day)YesYes
EESurface Coating of Metal FurnatureYesYes
EEEEOther Solid Waste Incineration Units (Constructed after 12/09/2004 or Modicatation/Reconstruction is commenced on or after 06/16/2004)YesYes
EaMunicipal Waste CombustorsYesYes
EbLarge Municipal Waste CombustorsYesYes
EcHospital/Medical/Infectious Waste IncineratorsYesYes
FPortland Cement PlantsYesYes
FFFFlexible Vinyl and Urethane Coating & PrintingYesYes
GNitric Acid PlantsYesYes
GGStationary Gas TurbinesYesYes
GGGVOC Equipment Leaks in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006YesYes
HSulfuric Acid PlantsYesYes
HHLime Manufacturing PlantsYesYes
HHHSynthetic Fiber Production FacilitiesYesYes
IHot Mix Asphalt FacilitiesYesYes
IIIVOC Emissions from the SOCMI Air Oxidation Unit ProcessesYesYes
IIIIStationary Compression Ignition Internal Combustion EnginesYesYes
JPetroleum RefineriesYesYes

Note:  Proposed Petroleum Refinery Sector Risk and Technology Review and NSPS June 30, 2014 Proposed Rule with additional emission control requirements for storage tanks, flares and coking units at petroleum refineries...EPA extended Final Rule Signature Date to September 30, 2015.

JJJPetroleum Dry CleanersYesYes
JJJJStationary Spark Ignition Internal Combustion EnginesYesYes
JaPetroleum Refineries for which Construction, Reconstruction, or Modification Commenced After May 14, 2007YesYes

Note:  Proposed Petroleum Refinery Sector Risk and Technology Review and NSPS June 30, 2014 Proposed Rule with additional emission control requirements for storage tanks, flares and coking units at petroleum refineries...EPA extended Final Rule Signature Date to September 30, 2015.

KStorage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)YesYes
KKLead-Acid Battery Manufacturing PlantsYesYes
KKKVOC Equipment Leaks From Onshore Natural Gas Processing PlantsYesYes
KKKKStationary Combustion Turbines (Construction Commenced After 02/18/2005)YesYes
KaStorage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)YesYes
KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Stg/Vessels) After 7/23/84YesYes
LSecondary Lead SmeltersYesYes
LLMetallic Mineral Processing PlantsYesYes
LLLOnshore Natural Gas Processing: SO2 EmissionsYesYes
LLLLNew Sewage Sludge Incineration UnitsYesYes
MSecondary Brass and Bronze Production PlantsYesYes
MMAutomobile & Light Duty Truck Surface Coating OperationsYesYes
NPrimary Emissions from Basic Oxygen Process Furnaces (Construction Commenced After June 11, 1973)YesYes
NNPhosphate Manufacturing PlantsYesYes
NNNVOC Emissions from SOCMI Distillation OperationsYesYes
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Notes

#Comments
1

Any authority that is not delegable by statute, or specified as non-delegable in a subpart directly, is not delegated - this would include any specific requirements that are specified as not delegable in the General Provisions (Subpart A) and individual Subparts.  EPA guidance permits delegation to a State or local agency of all the EPA Administrator's authorities under 40 CFR Part 60 except those that require rulemaking to implement, that affect the stringency of the standard, or where national oversight is the only way to ensure national consistency.  Statute non-delegable authorities include the following:

CAA Section 111(h)(3) Equivalency Determinations - Approval of alternatives to design, equipment, work practice or operational standard [e.g., 40 CFR 60.114(a) and 60.302(d)(3)] is accomplished through the rulemaking process and is adopted as a change to the individual subpart.  This authority may not be delegated.

CAA Section 111(j) Innovative Technology Waivers - Innovative technology waivers must b e adopted as site-specific amendments to the individual subpart.  The authority to grant waivers is not delegated.  However, agencies may be delegated the authority to enforce any waivers granted by EPA.

4

The New Mexico Environment Department (NMED) has been delegated all Part 60 standards promulgated by EPA, as amended in the Federal Register through January 15, 2017, except as specifically limited in the rule itself (see footnote 1 above) and excluding the following: Subpart AAA Standards of Performance for New Residential Wood Heaters and Subpart QQQQ Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces.

5

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has been delegated all Part 60 standards promulgated by EPA, as amended in the Federal Register through September 13, 2013, except as specifically limited in the rule itself (see footnote 1 above) and excluding the following: Subpart AAA Standards of Performance for New Residential Wood Heaters.

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