Approval and Promulgation of Implementation Plans; Albuquerque/Bernalillo County, NM; Interstate Transport of Pollution, 68447-68448 [2010-28003]
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Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010–28119 Filed 11–5–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–1119; FRL–9221–4]
Approval and Promulgation of
Implementation Plans; Albuquerque/
Bernalillo County, NM; Interstate
Transport of Pollution
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is approving a
revision to the Albuquerque/Bernalillo
County, New Mexico State
Implementation Plan (SIP) to address
the ‘‘good neighbor’’ provisions of the
Clean Air Act (CAA) section
110(a)(2)(D)(i), for the 1997 ozone and
the 1997 fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS) as it applies to Albuquerque/
Bernalillo County. The revision
addresses one element of CAA section
110(a)(2)(D)(i), which pertains to
prohibiting air pollutant emissions from
within a state to significantly contribute
to nonattainment of the ozone and PM2.5
NAAQS in any state. The Albuquerque/
Bernalillo Air Quality Control Board
(AQCB) is responsible for the portion of
the New Mexico SIP that applies in
Bernalillo County, which encompasses
the City of Albuquerque. This
rulemaking action is being taken under
section 110 of the CAA.
DATES: This final rule will be effective
December 8, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2007–1119. All documents in the docket
are listed at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:34 Nov 05, 2010
Jkt 223001
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
between the hours of 8:30 a.m. and
4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT:
Emad Shahin, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–6717; fax number
(214) 665–7263; e-mail address
shahin.emad@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the
EPA.
Outline:
I. What action Is EPA taking?
II. What is the background for this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
We are approving a revision to the
New Mexico State Implementation Plan
(SIP) to address the ‘‘good neighbor’’
provisions of the Clean Air Act (CAA)
section 110(a)(2)(D)(i), for the 1997
ozone and the 1997 PM2.5 standards for
Albuquerque/Bernalillo County,
demonstrating that one of the required
elements of the CAA section
110(a)(2)(D)(i) has been met. The SIP
revision demonstrates in part that air
pollutant emissions from sources within
Albuquerque/Bernalillo County do not
significantly contribute to
nonattainment of the relevant NAAQS
in any other state. Therefore, we have
determined that emissions from sources
in Albuquerque/Bernalillo County do
not significantly contribute to
nonattainment of the 1997 ozone
standards or of the 1997 PM2.5 standards
in any other state. In a separate action,
EPA approved this revision for the
remainder of the State of New Mexico
(75 FR 33174, June 11, 2010).
At a later date we will act on
addressing the remaining three elements
of section 110(a)(2)(D)(i) which are: (1)
Interference with the maintenance of the
NAAQS in any other state; (2)
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
68447
interference with measures required to
prevent significant deterioration of air
quality in any other state; and (3)
interference with measures required to
protect visibility in any other state.
II. What is the background for this
action?
On July 29, 2010, we published a
proposal to approve the portion of a SIP
revision adopted by AQCB that
addressed one element of the CAA
section 110(a)(2)(D)(i) (75 FR 44731).
EPA’s analyses for approving the SIP
revision are described in detail in that
proposal and in the supporting
documentation available in the
electronic docket for this action at
www.regulations.gov (Docket
Identification No. EPA–R06–OAR–
2007–1119). The comment period on the
proposal ended on August 30, 2010, and
we did not receive any comments.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
E:\FR\FM\08NOR1.SGM
08NOR1
68448
Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under 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 SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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
*
*
Bernalillo County .....................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 86, 1033, 1039, 1042,
1045, 1054, and 1065
[EPA–HQ–OAR–2010–0142; FRL–9220–6]
jlentini on DSKJ8SOYB1PROD with RULES
RIN 2060–AO69
Revisions to In-Use Testing for HeavyDuty Diesel Engines and Vehicles;
Emissions Measurement and
Instrumentation; Not-to-Exceed
Emission Standards; and Technical
Amendments for Off-Highway Engines
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
16:22 Nov 05, 2010
Jkt 223001
State
submittal/effective date
*
07/30/07
Frm 00034
Fmt 4700
Dated: October 27, 2010.
Al Armendariz,
Regional Administrator, Region 6.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. The second table in § 52.1620(e)
entitled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP’’ is
amended by adding an entry to the end
to read as follows:
■
§ 52.1620
Identification of plan.
*
*
*
*
*
(e) * * *
EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP
Explanation
*
*
*
11/08/10 [insert FR page num- 11/08/10 Approval for reviber where the document besions to prohibit significant
gins].
contribution to nonattainment in any other state.
EPA is taking direct final
action on several revisions to EPA’s
mobile source emission programs
standards and test procedures. EPA
believes that each of these is minor and
non-controversial in nature. Most of the
changes arise from the results of the
collaborative test program and related
technical work we conducted for the
highway heavy-duty diesel in-use
testing program. Most noteworthy here
is the adoption of a particulate matter
measurement allowance for use with
portable emission measurement
systems. Related to this are two
provisions to align the in-use program
timing requirements with completion of
the program as required in current
regulations and the incorporation of
revisions to a few technical
requirements in the testing regulations
based on information learned in this
and one other test program. Finally, the
PO 00000
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
EPA approval date
SUMMARY:
[FR Doc. 2010–28003 Filed 11–5–10; 8:45 am]
VerDate Mar<15>2010
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Applicable geographic or
nonattainment area
Name of SIP provision
*
Interstate transport for the
1997 ozone and PM2.5
NAAQS.
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 action 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 January 7, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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).)
Sfmt 4700
DFR modifies a few transitional
flexibilities for locomotive, recreational
marine, and Tier 4 nonroad engines and
incorporates a handful of minor
corrections.
This is effective on January 7,
2011 without further notice, unless EPA
receives adverse comment by December
8, 2010 on any amendment, paragraph,
or section of this rule. If EPA receives
adverse comment on this rule or any
discrete amendment, paragraph, or
section of this rule, we will publish a
timely withdrawal of the Direct Final
Rule, or the amendment, paragraph, or
section of the direct final rule that
received adverse comment, in the
Federal Register informing the public
that the rule, or that amendment,
paragraph, or section of the rule, will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
DATES:
E:\FR\FM\08NOR1.SGM
08NOR1
]]>Agencies
[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68447-68448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28003]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-1119; FRL-9221-4]
Approval and Promulgation of Implementation Plans; Albuquerque/
Bernalillo County, NM; Interstate Transport of Pollution
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving a revision to the Albuquerque/Bernalillo
County, New Mexico State Implementation Plan (SIP) to address the
``good neighbor'' provisions of the Clean Air Act (CAA) section
110(a)(2)(D)(i), for the 1997 ozone and the 1997 fine particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS) as it applies to Albuquerque/Bernalillo County. The revision
addresses one element of CAA section 110(a)(2)(D)(i), which pertains to
prohibiting air pollutant emissions from within a state to
significantly contribute to nonattainment of the ozone and
PM2.5 NAAQS in any state. The Albuquerque/Bernalillo Air
Quality Control Board (AQCB) is responsible for the portion of the New
Mexico SIP that applies in Bernalillo County, which encompasses the
City of Albuquerque. This rulemaking action is being taken under
section 110 of the CAA.
DATES: This final rule will be effective December 8, 2010.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2007-1119. All documents in the docket
are listed at https://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the Air Planning Section (6PD-L), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 Freedom
of Information Act (FOIA) Review Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal holidays. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at 214-665-7253 to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a 15 cent per page fee for making photocopies of
documents. On the day of the visit, please check in at the EPA Region 6
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6717; fax
number (214) 665-7263; e-mail address shahin.emad@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Outline:
I. What action Is EPA taking?
II. What is the background for this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
We are approving a revision to the New Mexico State Implementation
Plan (SIP) to address the ``good neighbor'' provisions of the Clean Air
Act (CAA) section 110(a)(2)(D)(i), for the 1997 ozone and the 1997
PM2.5 standards for Albuquerque/Bernalillo County,
demonstrating that one of the required elements of the CAA section
110(a)(2)(D)(i) has been met. The SIP revision demonstrates in part
that air pollutant emissions from sources within Albuquerque/Bernalillo
County do not significantly contribute to nonattainment of the relevant
NAAQS in any other state. Therefore, we have determined that emissions
from sources in Albuquerque/Bernalillo County do not significantly
contribute to nonattainment of the 1997 ozone standards or of the 1997
PM2.5 standards in any other state. In a separate action,
EPA approved this revision for the remainder of the State of New Mexico
(75 FR 33174, June 11, 2010).
At a later date we will act on addressing the remaining three
elements of section 110(a)(2)(D)(i) which are: (1) Interference with
the maintenance of the NAAQS in any other state; (2) interference with
measures required to prevent significant deterioration of air quality
in any other state; and (3) interference with measures required to
protect visibility in any other state.
II. What is the background for this action?
On July 29, 2010, we published a proposal to approve the portion of
a SIP revision adopted by AQCB that addressed one element of the CAA
section 110(a)(2)(D)(i) (75 FR 44731). EPA's analyses for approving the
SIP revision are described in detail in that proposal and in the
supporting documentation available in the electronic docket for this
action at www.regulations.gov (Docket Identification No. EPA-R06-OAR-
2007-1119). The comment period on the proposal ended on August 30,
2010, and we did not receive any comments.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[[Page 68448]]
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to 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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
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 SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 January 7, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: October 27, 2010.
Al Armendariz,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
2. The second table in Sec. 52.1620(e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by adding an entry to the end to read as
follows:
Sec. 52.1620 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures
in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate transport for the 1997 Bernalillo County... 07/30/07 11/08/10 [insert FR 11/08/10 Approval
ozone and PM2.5 NAAQS. page number where for revisions to
the document prohibit
begins]. significant
contribution to
nonattainment in
any other state.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-28003 Filed 11-5-10; 8:45 am]
BILLING CODE 6560-50-P
