NSPS Part 60 New Mexico

Subpart	Description	NMED⁴	ABCAQCB⁵	Non-Delegable Authorities
A	General Provisions	Yes	Yes	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’’.
AA	Steel Plants: Electric Arc Furnaces After 10/21/74 & On or Before 8/17/83	Yes	Yes
AAAA	Small Municipal Waste Combustion Units (Construction is Commenced After 8/30/99 or Modification/Reconstruction is Commenced After 6/06/2001)	Yes	Yes
AAa	Steel Plants: Electric Arc Furnaces& Argon-Oxygen Decarburization Vessels After 8/07/83	Yes	Yes
BB	Kraft Pulp Mills	Yes	Yes
BBB	Rubber Tire Manufacturing Industry	Yes	Yes
CC	Glass Manufacturing Plants	Yes	Yes
CCCC	Commercial & Industrial Solid Waste Incineration Units (Construction is Commenced After 11/30/1999 or Modification/Reconstruction is Commenced on or After 6/01/2001)	Yes	Yes
D	Fossil Fueled Steam Generators (>250 MM BTU/hr)	Yes	Yes
DD	Grain Elevators	Yes	Yes
DDD	Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry	Yes	Yes
Da	Electric Utility Steam Generating Units (>250 MM BTU/hr)	Yes	Yes	60.45a Approval of emerging technology.
Db	Industrial-Commercial-Institutional Steam Generating Units (100 to 250 MM BTU/hr)	Yes	Yes
Dc	Industrial-Commercial-Institutional Small Steam Generating Units (10 to 100 MM BTU/hr)	Yes	Yes
E	Incinerators (> 50 tons per day)	Yes	Yes
EE	Surface Coating of Metal Furnature	Yes	Yes
EEEE	Other Solid Waste Incineration Units (Constructed after 12/09/2004 or Modicatation/Reconstruction is commenced on or after 06/16/2004)	Yes	Yes
Ea	Municipal Waste Combustors	Yes	Yes
Eb	Large Municipal Waste Combustors	Yes	Yes
Ec	Hospital/Medical/Infectious Waste Incinerators	Yes	Yes
F	Portland Cement Plants	Yes	Yes
FFF	Flexible Vinyl and Urethane Coating & Printing	Yes	Yes
G	Nitric Acid Plants	Yes	Yes
GG	Stationary Gas Turbines	Yes	Yes
GGG	VOC Equipment Leaks in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006	Yes	Yes
H	Sulfuric Acid Plants	Yes	Yes
HH	Lime Manufacturing Plants	Yes	Yes
HHH	Synthetic Fiber Production Facilities	Yes	Yes
I	Hot Mix Asphalt Facilities	Yes	Yes
III	VOC Emissions from the SOCMI Air Oxidation Unit Processes	Yes	Yes
IIII	Stationary Compression Ignition Internal Combustion Engines	Yes	Yes
J	Petroleum Refineries	Yes	Yes	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.
JJJ	Petroleum Dry Cleaners	Yes	Yes
JJJJ	Stationary Spark Ignition Internal Combustion Engines	Yes	Yes
Ja	Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After May 14, 2007	Yes	Yes	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.
K	Storage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)	Yes	Yes
KK	Lead-Acid Battery Manufacturing Plants	Yes	Yes
KKK	VOC Equipment Leaks From Onshore Natural Gas Processing Plants	Yes	Yes
KKKK	Stationary Combustion Turbines (Construction Commenced After 02/18/2005)	Yes	Yes
Ka	Storage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)	Yes	Yes
Kb	Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Stg/Vessels) After 7/23/84	Yes	Yes
L	Secondary Lead Smelters	Yes	Yes
LL	Metallic Mineral Processing Plants	Yes	Yes
LLL	Onshore Natural Gas Processing: SO2 Emissions	Yes	Yes
LLLL	New Sewage Sludge Incineration Units	Yes	Yes
M	Secondary Brass and Bronze Production Plants	Yes	Yes
MM	Automobile & Light Duty Truck Surface Coating Operations	Yes	Yes
N	Primary Emissions from Basic Oxygen Process Furnaces (Construction Commenced After June 11, 1973)	Yes	Yes
NN	Phosphate Manufacturing Plants	Yes	Yes
NNN	VOC Emissions from SOCMI Distillation Operations	Yes	Yes

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#	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.

Comments

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.

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.

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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CAA Program Delegation Status for New Mexico — NSPS Part 60

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