NESHAP Part 61 New Mexico

Subpart	Description	NMED⁴	ABCAQCB⁵	Non-Delegable Authorities
A	General Provisions	Yes	Yes	See Note 1 for NESHAP Part 61, for explanation of delegation authorities, as well as the following specific references: § 61.04(b) Addresses of State and Local Implementing Agencies § 61.11 Waiver of Compliance {not listed under 40 CFR 61.04(c)(ii)} § 61.12(d)(1) Compliance with Standard and Maintenance Requirements, Alternate Means of Emission Limitation § 61.13(h)(1)(ii) Major Changes to an Emission Test §§ 61.14(d) and (g)(1)(ii) Major Modifications to Monitoring Requirements § 61.16 Availability of Information Procedures
BB	Benzene (Transfer Operations)	Yes	Yes
C	Beryllium	Yes	Yes
D	Beryllium (Rocket Motor Firing)	Yes	Yes
E	Mercury	Yes	Yes	61.53(c)(4) List of approved Design, Maintenance, and Housekeeping Practices for Mercury Chlor-Alkali Plants.
F	Vinyl Chloride	Yes	Yes
FF	Benzene (Wastewater Operations)	Yes	Yes
J	Benzene (Equipment Leaks Fugitives)	Yes	Yes
L	Benzene (Coke By-Product Plants)	Yes	Yes
M	Asbestos	Yes	Yes	Comment - the state/local health departments usually have the delegated authority for abatement/demolition activities.
N	Inorganic Arsenic (Glass Manufac.)	Yes	Yes
O	Inorganic Arsenic (Prim. Copper Smelt.)	Yes	Yes
P	Inorganic Arsenic	Yes	Yes
V	Fugitive Emissions of Volatile Hazardous Air Pollutants (i.e., VHAPs)	Yes	Yes
Y	Benzene (Storage Vessels)	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. The original authority on which the Part 61 NESHAP delegations were based [CAA section 112(d)(1)] was removed in the 1990 CAA Amendments and replaced by CAA section 112(l). Since Part 63 Subpart E now implements CAA section 112(l), any revisions to existing Part 61 delegations would follow Part 63 Subpart E; authorities which may not be delegated include the following Part 63 General Provisions (Subpart A): §63.6(g) Approval of Alternative Non-Opacity Emission Standards §63.6(h)(9) Approval of Alternative Opacity Standards §63.7(3)(2)(ii) and (f) Approval of Major Alternatives to Test Methods §63.8(f) Approval of Major Alternatives to Monitoring §63.10(f) Approval of Major Alternatives to Recordkeeping and Reporting
4	The New Mexico Environment Department (NMED) has been delegated those Part 61 standards promulgated by EPA, as amended in the Federal Register through January 15, 2017, with the exception of the following Subparts pertaining to emission standards for certain Radionuclides: B, H, I, K, Q, R, T, and W.
5	The Albuquerque-Bernalillo County Air Quality Control Board has been delegated those Part 61 standards promulgated by EPA, as amended in the Federal Register through September 13, 2013, with the exception of the following Subparts pertaining to emission standards for certain Radionuclides: B, H, I, K, Q, R, T, and W.