Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Fees for Permits and Administrative Actions, 68385-68393 [2011-28635]
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Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules
Pennsylvania’s Clean Vehicles Program;
and to specify a transition mechanism to
the California LEV provisions.
Pennsylvania has adopted California’s
LEV II program by incorporating by
reference portions of the California LEV
II regulations (i.e., Title 13 California
Code of Regulations, Division 3,
Chapters 1 and 2) into the Pennsylvania
Code.
Pennsylvania submitted a SIP revision
to EPA requesting that EPA approve
Pennsylvania’s Clean Vehicle Program
regulations as part of the Pennsylvania
SIP. EPA’s approval would make the
program Federally enforceable through
the SIP.
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II. Proposed EPA Action
EPA is proposing to approve the
Pennsylvania Clean Vehicle Program
SIP revision, which was submitted on
May 31, 2007. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR section
52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely proposes to approve
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed 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
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safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• 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 CAA; 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 proposed rule to
approve the Pennsylvania Clean Vehicle
Program as part of the Pennsylvania SIP
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–28653 Filed 11–3–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0154; FRL–9487–1]
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque/Bernalillo County; Fees
for Permits and Administrative Actions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing an approval
of revisions which repeal and replace
existing rules, and revisions to the
applicable State Implementation Plan
(SIP) for New Mexico Albuquerque/
Bernalillo County, which relate to fee
requirement regulations. The repeal and
replace and SIP revisions proposed
SUMMARY:
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68385
today would address section 110(a)(2)
Clean Air Act (the Act or CAA)
requirements related to fees for, in part,
reviewing and acting on specific permit
applications received by the City of
Albuquerque/Bernalillo County
Environmental Health Department (EHD
or Department); fees to partially offset
the administrative cost of permit-related
administrative hearings; funding for
small business stationary sources; and
fees to cover administrative expenses
incurred by the Department in
implementing the New Mexico Air
Quality Control Act, the joint Air
Quality Control Board (AQCB)
ordinances, and the Albuquerque/
Bernalillo County AQCB regulations of
the New Mexico Statutes Annotated
(NMSA) 1978. EPA finds that these
rules and revisions comply with
applicable provisions of the CAA and is
proposing to approve them into the SIP.
This action is being proposed under
section 110 of the Act.
DATES: Comments must be received on
or before December 5, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2007–0154 by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• Email: Ms. Ashley Mohr at
mohr.ashley@epa.gov.
• Fax: Ms. Ashley Mohr, Air Permits
Section (6PD–R), at fax number (214)
665–6762.
• Mail: Ashley Mohr, Air Permits
Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
• Hand or Courier Delivery: Ashley
Mohr, Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733. Such deliveries are
accepted only between the hours of 8
a.m. and 4 p.m. weekdays except for
legal holidays. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2007–
0154. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
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Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means that EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through https://www.regulations.gov
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. 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. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
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 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 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.
The New Mexico submittals are also
available for public inspection at the
County Air Agency listed below during
official business hours by appointment:
Air Quality Division, Environmental
Health Department, 3rd Floor, Suite
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3023, One Civic Plaza NW.,
Albuquerque, New Mexico.
Ms.
Ashley Mohr, Air Permits Section (6PD–
R), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–7289; fax number (214) 665–
6762; email address
mohr.ashley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document the
following terms have the meanings
described below:
• ‘‘We’’, ‘‘us’’ and ‘‘our’’ refer to EPA.
• ‘‘Act’’ and ‘‘CAA’’ mean the Clean
Air Act.
• ‘‘40 CFR’’ means Title 40 of the
Code of Federal Regulations—Protection
of the Environment.
• ‘‘SIP’’ means the State
Implementation Plan established under
section 110 of the Act.
• ‘‘NSR’’ means new source review.
• ‘‘TSD’’ means the Technical
Support Document for this action.
• ‘‘NAAQS’’ means any national
ambient air quality standard established
under 40 CFR part 50.
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. The State’s Submittals
A. What action is EPA proposing?
B. Which rules did the state submit?
1. May 24, 2011 Submittal of the 2001
Repeal and Replace Revisions
2. September 7, 2004 SIP Revision
Submittal
3. February 2, 2007 SIP Revision Submittal
4. December 15, 2010 SIP Revision
Submittal
II. EPA’s Evaluation
A. What are the requirements for EPA’s
review of a fees SIP submittal?
B. Do the submitted repeal and replace
revisions and subsequent SIP revisions
meet the CAA requirements?
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. The State’s Submittals
A. What action is EPA proposing?
This notice provides a summary of
our evaluation of the Governor of New
Mexico’s submissions regarding Part 2
fees for the Albuquerque/Bernalillo
County, New Mexico State
Implementation Plan (SIP). The
Albuquerque/Bernalillo County AQCB
is the federally delegated air quality
authority for Albuquerque and
Bernalillo County. The Albuquerque/
Bernalillo County AQCB is authorized
to administer and enforce the CAA and
the New Mexico Air Quality Control
Act, and to require local air pollution
sources to comply with air quality
standards. The Albuquerque/Bernalillo
County AQCB is responsible for the
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portion of the New Mexico SIP that
applies in Bernalillo County, which
encompasses the City of Albuquerque.
We provide the reasoning comprising
our evaluation in general terms in this
proposed rulemaking but provide a
more detailed evaluation and analysis in
the Technical Support Document (TSD)
that has been prepared for this proposed
rulemaking. We are proposing to
approve the repeal and replace rule
submitted on May 24, 2011, and SIP
revisions submitted by the Governor of
New Mexico to EPA on September 4,
2004, February 2, 2007, and December
10, 2010. We have evaluated these SIP
submissions for consistency with
applicable provisions of section
110(a)(2) of the CAA relating to fees. We
have also reviewed the submitted rules
and revisions for legal sufficiency
pursuant to section 110(l) of the CAA.
In the course of this review, we
identified that on April 10, 1980, EPA
approved revisions to Section 21, Fees
into the Albuquerque/Bernalillo County,
New Mexico SIP (45 FR 24468). Since
EPA’s approval, the Governor of New
Mexico had not previously submitted
any revisions to this Section for EPA
review and approval, although the
Section was eventually repealed and
replaced by the Albuquerque/Bernalillo
County AQCB effective July 1, 2001.
The repeal and replace rule was
submitted to EPA on May 24, 2011
(hereafter referred to as ‘‘2001 repeal
and replace’’) as a historical rule
amendment and repeals and replaces
the corresponding previously approved
April 10, 1980 SIP for fees.
The 2001 repeal and replace was
recodified and adopted into
Albuquerque/Bernalillo County rules
three times: first to Chapter 74, Article
2, Part 2, Fees under the Albuquerque/
Bernalillo County AQCB regulations,
and recodified again to 20 NMAC 11.02,
Permit Fees of the New Mexico
Administrative Code (hereinafter
20.11.2 NMAC) before being submitted
for EPA review and approval as
recodified 20.11.2 NMAC, Permit Fees
on May 24, 2011. New Mexico
submitted to EPA for review revisions to
20.11.2 NMAC on September 7, 2004
and February 2, 2007, and another
submittal of revisions on December 15,
2010. The September 7, 2004, February
2, 2007, and December 15, 2010 rule
revisions have been determined to be
significantly different from the EPA
approved April 10, 1980 SIP revisions,
as these previously approved revisions
reference only fees associated with
specific construction activities under
minor new source review (NSR)
permitting. Therefore, a direct
comparison to the approved
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Albuquerque/Bernalillo County, New
Mexico SIP is impractical, and the
technical review of the May 24, 2011
submittal of the 2001 repeal and replace
will be used as the baseline SIP for
evaluation of the September 7, 2004,
February 2, 2007, and December 15,
2010 revisions.
A technical analysis of the May 24,
2011 submittal of the 2001 repeal and
replace, and the September 7, 2004,
February 2, 2007, December 15, 2010
SIP rule revisions has found that the
baseline repeal and replace rule, and the
revisions to this rule are consistent with
applicable provisions of section
110(a)(2) of the CAA. Therefore, EPA is
proposing an approval of the fees SIP
rules submitted on May 24, 2011,
September 7, 2004, February 2, 2007,
and December 15, 2010.
B. Which rules did the state submit?
1. May 24, 2011 Submittal of the 2001
Repeal and Replace Revisions
The Governor of New Mexico
submitted on May 24, 2011 a 2001
repeal and replace of all previous
versions of Section 21 and part 2 fees,
including the prior 1980 EPA approved
SIP relating to fees under the
Albuquerque/Bernalillo County AQCB
regulations. This submittal includes the
following changes:
• Repeal and replace of the following
sections: 20.11.2.1 NMAC, Issuing
Agency; 20.11.2.2 NMAC, Scope;
20.11.2.3 NMAC, Statutory Authority;
20.11.2.4 NMAC, Duration; 20.11.2.5
NMAC, Effective Date; 20.11.2.6 NMAC,
Objective; 20.11.2.7 NMAC, Definitions;
20.11.2.8 NMAC, Savings Clause;
20.11.2.9 NMAC, Severability;
20.11.2.10 NMAC, Documents;
20.11.2.11 NMAC, General Provisions;
20.11.2.12 NMAC Authority-toConstruct Permit Fees, Fee Calculations
and Procedures; 20.11.2.13 NMAC,
Annual Emission Fees, Fee Calculations
and Procedures; 20.11.2.15 NMAC,
Filing and Inspection Fees for Surface
Disturbance Permits; Fee Calculations
and Procedures; NMAC 20.11.2.16
NMAC, Fee Errors, Corrections and
Refunds; 20.11.2.17 NMAC, Failure to
Pay; 20.11.2.18 NMAC, Fee Schedule.
2. September 7, 2004 SIP Revision
Submittal
The Governor of New Mexico
submitted a revision on September 7,
2004 to 20.11.2 NMAC, Fees under the
Albuquerque/Bernalillo County AQCB
regulations. This submittal includes the
following changes:
• Revisions to the following sections:
20.11.2.2 NMAC, Scope; 20.11.2.3
NMAC, Statutory Authority; 20.11.2.6
NMAC, Objective; 20.11.2.7 NMAC,
Definitions; 20.11.2.9 NMAC,
Severability; 20.11.2.10 NMAC,
Documents; 20.11.2.11 NMAC, General
Provisions; 20.11.2.12 NMAC Authorityto-Construct Permit Fees, Fee
Calculations and Procedures; 20.11.2.13
NMAC, Annual Emission Fees, Fee
Calculations and Procedures; 20.11.2.15
NMAC, Filing and Inspection Fees for
Surface Disturbance Permits; NMAC
20.11.2.16 NMAC, Fee Errors,
Corrections and Refunds; 20.11.2.17
NMAC, Failure to Pay; 20.11.2.18
NMAC, Fee Schedule.
3. February 2, 2007 SIP Revision
Submittal
The Governor of New Mexico
submitted a revision to 20.11.2 NMAC,
Fees on February 2, 2007 under the
Albuquerque/Bernalillo County AQCB
regulations. This submittal includes the
following changes:
• Revisions to the following sections:
20.11.2.6 NMAC, Objective; 20.11.2.18
NMAC, Fee Schedule.
4. December 15, 2010 SIP Revision
Submittal
The Governor of New Mexico
submitted to EPA revisions on
December 15, 2010 to sections of Part 2
Fees under the Albuquerque/Bernalillo
County AQCB regulations. This
submittal includes the following
changes:
• Additions of the following sections:
20.11.2.19 NMAC, Application Review
Fees for Modification of Existing
Permits; 20.11.2.20 NMAC,
Administrative and Technical Revision
Application Fees, Portable Stationary
Source Relocation Fees; 20.11.2.21
NMAC, Annual Emission Fees and
Rates for Stationary Sources; 20.11.2.22
NMAC, Miscellaneous Fees,
Administrative Fees, Variance Request
Fees, Board Hearing Filing Fees.
• Revisions to the following sections:
20.11.2.1 NMAC, Issuing Agency;
20.11.2.2 NMAC, Scope; 20.11.2.3
NMAC, Statutory Authority; 20.11.2.6
NMAC, Objective; 20.11.2.7 NMAC,
Definitions; 20.11.2.8 NMAC, Savings
Clause; 20.11.2.9 NMAC, Severability;
20.11.2.10 NMAC, Documents;
20.11.2.11 NMAC, General Provisions;
20.11.2.12 NMAC Authority-toConstruct Permit Fees, Fee Calculations
and Procedures; 20.11.2.13 NMAC,
Annual Emission Fees, Fee Calculations
and Procedures; 20.11.2.15 NMAC,
Filing and Inspection Fees for Surface
Disturbance Permits; Fee Calculations
and Procedures; NMAC 20.11.2.16
NMAC, Fee Errors, Corrections and
Refunds; 20.11.2.17 NMAC, Failure to
Pay; 20.11.2.18 NMAC, Fee Schedule;
Table 1 summarizes the changes that
are in the 2001 repeal and replace
submitted May 24, 2011, and the three
SIP revisions submitted September 7,
2004, February 2, 2007, and December
15, 2010. A summary of EPA’s
evaluation of each section and the basis
for this proposal is discussed in section
II of this preamble. The Technical
Support Document (TSD) includes a
detailed evaluation of the referenced SIP
submittals.
TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION
Section
Title
Submittal dates
Description of change
Proposed action
20.11.2 NMAC—Fees
Issuing Agency
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5/24/2011
Repeal and replace: Contact information for issuing agency.
Approval.
12/15/2010
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Issuing Agency .........................
Revised section to update contact information for issuing
agency.
Approval.
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TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued
Section
Title
Submittal dates
Description of change
Proposed action
5/24/2011
Repeal and replace: Scope of
rule applicability, exemption,
and variance.
Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsection
(A). 1
9/7/2004
12/15/2010
Revised applicability to persons
consistent with specific fee
updates.
Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsection
(A).
5/14/2011
Repeal and replace: Fees provisions adopted pursuant to
state statutory authority.
Approval.
9/7/2004
12/15/2010
Revised section to include recodification and additional
references to statutory authority.
Approval.
Repeal and replace: Rules to
be of permanent duration.
Approval.
Repeal and replace: Rules to
be effective July 1, 2001.
Approval.
5/24/2011
Repeal and replace: Establishes objectives for fees
rules.
Approval.
9/7/2004
2/2/2007
12/15/2010
Revises section to remove and
add objectives consistent
with specific fee updates.
Approval.
5/24/2011
Repeal and Replace: Provides
definitions for the following
as used in the fees rules:
‘‘Allowable Emission Rate’’,
‘‘Emissions Unit’’. ‘‘Fee Pollutant’’, ‘‘Fugitive Emissions’’.
‘‘Major Source’’, ‘‘Potential to
Emit’’ or ‘‘PTE’’, ‘‘Qualified
Small Business’’, ‘‘Regulated
Air Pollutant’’, ‘‘Stationary
Source with De Minimis
Emissions’’.
Approval.
9/7/2004
Section revised to include recodification and other non
substantive changes. Definitions added:‘‘High Impact
Source’’,
‘‘Low
impact
Source’’, ‘‘Moderate impact
Source’’,
‘‘No
Impact
Source’’, ‘‘Efficiency Control
Factor’’.
Approval.
Scope
20.11.2.2 NMAC ...............
Scope ........................................
Statutory Authority
20.11.2.3 NMAC ...............
Statutory Authority ....................
Duration
20.11.2.4 NMAC ...............
Duration ....................................
5/24/2011
Effective Date
20.11.2.5 NMAC ...............
Effective Date ...........................
5/24/2011
Objective
20.11.2.6 NMAC ...............
Objective ...................................
Definitions
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TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued
Section
Title
Submittal dates
12/15/2010
Description of change
Proposed action
Section revised to update definitions, correct references,
and remove definitions no
longer needed. Definitions
added: ‘‘Administrative Revision’’, ‘‘Consumer price index
all urban consumers’’ or
’’CPI–U’’, ‘‘Proposed Allowable Emission Rate’’, ‘‘Technical Permit Revision’’, ‘‘Submittal’’.
Approval.
Repeal and replace: Any
amendment to fees rules
shall not affect actions pending for a violation.
Approval.
Section
revised
stantively.
non-sub-
Approval.
Repeal and replace: Unconstitutional and invalidated portions of the fees rules will not
invalidate remaining provisions.
Approval.
Section
revised
stantively.
non-sub-
Approval.
Repeal and replace: Documents cited and incorporated
may be viewed at physical
location.
Approval.
Section
revised
stantively.
non-sub-
Approval.
Repeal and replace: General
provisions for payment of
fees with certain permit or
source document submittals.
Approval.
9/7/2004
Section
revised
stantively.
non-sub-
Approval.
12/15/2010
Section
revised
stantively.
non-sub-
Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsection
(B).
Savings Clause
20.11.2.8 NMAC ...............
Savings Clause .........................
5/24/2011
12/15/2010
Severability
20.11.2.9 NMAC ...............
Severability ...............................
5/24/2011
9/7/2004
12/15/2010
Documents
20.11.2.10 NMAC .............
Documents ................................
5/24/2011
9/7/2004
12/15/2010
General Provisions
20.11.2.11 NMAC .............
General Provisions ...................
5/24/2011
Authority-To-Construct Permit Fees; Fee Calculations and Procedures
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20.11.2.12 NMAC .............
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Permit
Fees; Fee Calculations and
Procedures.
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Repeal and replace: Fee provisions, calculations, and procedures for minor and area
source permits, pre-construction permits, permit modifications.
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Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsection
(B).
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TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued
Section
Title
Submittal dates
9/7/2004
12/15/2010
Description of change
Section
revised
stantively.
Proposed action
non-sub-
Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsection
(B).
Section revised to add reference to source registration
in addition to permits, and to
base fee amounts on allowable emission rates instead
of PTE. Other revisions to
update section consistent
with updates to other subsections of the rule.
Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsection
(B).
Annual Emission Fees; Fee Calculations and Procedures
20.11.2.13 NMAC .............
Annual Emission Fees; Fee
Calculations and Procedures.
5/24/2011
9/7/2004
12/15/2010
Repeal and replace: Annual Approval.
emission fees, calculations,
and procedures for sources,
including permit modifications.
Section
revised
stantively.
non-sub-
Section
revised
regarding
owner/operator challenge or
correction request of annual
fee amounts, addition of
methodology for fugitive dust
control permits, revised annual emission fees to be
based on allowable emission
rate rather than PTE, and revised to require annual emission rated be updated each
year based on the consumer
price index.
Approval.
Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsections
(A) and (B).
Filing and Inspection Fees for Surface Disturbance Permits; Fee Calculations and Procedures
5/24/2011
Repeal and replace: Filing and
inspection fee requirements
for fugitive dust control permits.
Approval.
9/7/2004
12/15/2010
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20.11.2.15 NMAC .............
Filing and inspection Fees for
Surface Disturbance Permits;
Fee Calculations and Procedures.
Section revised to add specific
filing
and
review
fee
amounts, change flat fee to
tiered fee schedule based on
acreage, add and update calculation methodology used to
calculate non-programmatic
dust control permit inspection
fees, require fugitive dust
rates be updated yearly
based on the consumer price
index, and require fugitive
dust control construction permit fees for certain demolition
activities.
Approval.
Fee Errors, Corrections and Refunds
20.11.2.16 NMAC .............
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Fee Errors, Corrections and
Refunds.
16:16 Nov 03, 2011
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Repeal and replace: Procedure
and process for review of
fees due at time of application; procedure for persons
requesting correction or challenging invoiced fees.
E:\FR\FM\04NOP1.SGM
04NOP1
Approval.
68391
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules
TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued
Section
Title
Submittal dates
Description of change
Proposed action
9/7/2004
Revised section to exclude section’s applicability to fugitive
dust control permits.
Approval.
12/15/2010
Revises section for review of
correction request and various
procedure
aspects,
makes fee for fugitive dust
control construct permit application non-refundable.
Approval.
Repeal and replace: Violation
and penalty for failure to pay
fees, and stating invoice incorrect not a defense.
Approval.
Section
revised
stantively.
non-sub-
Approval.
Section revised to include reference to appeal procedures
for incorrect-fee challenges.
Approval.
5/24/2011
Repeal and replace: Fee
schedule for annual emission
fees, review fees, permit
modification fees, and administrative fees.
Approval.
9/7/2004
12/15/2010
Section revised to delete fees
other than review fees consistent with updates in other
sections of the rule, include a
general review fee, require
application review fee rates
be updated each year based
on the consumer price index,
increase fees for each tier in
fee schedule, and change
emission rates basis from
PTE to allowable emission
rates.
Approval.
Failure To Pay
20.11.2.17 NMAC .............
Failure to Pay ...........................
5/24/2011
9/7/2004
12/15/2010
Fee Schedule
20.11.2.18 NMAC .............
Fee Schedule ...........................
Application Review Fees for Modification of Existing Permits
20.11.2.19 NMAC .............
Application Review Fees for
Modification of Existing Permits.
12/15/2010
New section specifying application review fees for modifications to an existing stationary
source.
Approval.
Administrative and Technical Revision Application Fees; Portable Stationary Source Relocation Fees
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20.11.2.20 NMAC .............
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Administrative and Technical
Revision Application Fees;
Portable Stationary Source
Relocation Fees.
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New section specifying administrative and technical revision fees for modifications to
an existing permit, and specifies
portables
stationary
source relocation fees for
modifications to an existing
permit.
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Approval.
68392
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules
TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued
Section
Title
Submittal dates
Description of change
Proposed action
Annual Emissions Fees and Rates for Stationary Sources
20.11.2.21 NMAC .............
Annual Emissions Fees and
Rates for Stationary Sources.
12/15/2010
New section specifying fees for
annual emission source registrations, annual emission
fees for permitted sources,
and annual emission fees for
emergency generators and
gasoline service and fleet
stations.
Approval; No Action on
references to Operating Permits (20.11.42
NMAC) in subsection
(B).
Miscellaneous Fees—Administrative Fees; Variance Request Fees; Board Hearing Filing Fees
20.11.2.22 .........................
Miscellaneous Fees—Administrative Fees; Variance Request Fees; Board Hearing
Filing Fees.
12/15/2010
New section specifying administrative fees, variance request fees, and board hearing filing fees.
Approval.
1 The 2001 repeal and replace submitted May 24, 2011, and the September 7, 2004, February 2, 2007, and December 15, 2010 Fees SIP
submittals reference Operating Permits (20.11.42 NMAC) related to the Title V program. The Title V program is subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. CAA Section 110(a)(2) falls under Title I of the CAA. Any evaluation of the Title
V program and related fees must be done pursuant to CAA section 502 through 507 and 40 CFR part 70 and we are not evaluating the fees provisions related to the Title V program as part of this action regarding the SIP. The scope of this action is limited to determining whether the City
of Albuquerque/Bernalillo County AQCB fees SIP submittals meet the fees requirements of CAA 110(a)(2). Refer to the TSD for additional information regarding the specific portions of subsections relating to Title V we are not taking action on in this rulemaking.
II. EPA’s Evaluation
A. What are the requirements for EPA’s
review of a fees SIP submittal?
The Albuquerque/Bernalillo County
AQCB adopted and the Governor of
New Mexico submitted the 2001 repeal
and replace and the September 7, 2004,
February 2, 2007, and December 15,
2010, SIP revisions pursuant to the
applicable provisions of section
110(a)(2) of the CAA related to fees.
These federal requirements include
permitting fees to cover the cost of
reviewing, approving, implementing,
and enforcing a permit. In addition to
the applicable fee related requirements
of section 110(a)(2), EPA’s evaluation
must consider section 110(l) of the CAA.
Section 110(l) of the CAA states that
EPA shall not approve a revision of the
SIP if it would interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the Act.
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B. Do the submitted repeal and replace
revisions and subsequent SIP revisions
meet the CAA requirements?
Based on EPA’s evaluation of the 2001
repeal and replace and the September 7,
2004, February 2, 2007, and December
15, 2010 revisions, we propose to find
these submitted rules and revisions
meet the applicable fee related
requirements of section 110(a)(2) of the
CAA. These rules and revisions are
summarized in Table 1 of this proposed
rulemaking, and are analyzed with more
detail in the TSD. The rules and
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16:16 Nov 03, 2011
Jkt 226001
revisions contained within the Governor
of New Mexico’s submittals demonstrate
compliance with section 110(a)(2) of the
Act. For example, the Albuquerque/
Bernalillo County EHD assesses fees
when an owner or operator applies for
an air permit, air permit renewal, or air
permit amendment. Additionally,
annual fees are assessed for sources
with existing source registrations or
permits. These fees are used to cover the
permit review and permit issuance
costs. The Department also assesses fees
to partially offset the administrative cost
of variance procedures and permitrelated administrative hearings before
the board; assesses fees to implement
the requirements of Section 507 of the
Clean Air Act by establishing adequate
funding for small business stationary
source technical and environmental
compliance assistance program; and
assesses fees to cover administrative
expenses incurred by the Department in
implementing and enforcing the
provisions of the NMAC, the joint air
quality control board ordinances, and
the Albuquerque/Bernalillo County
AQCB regulations. The fees assessed by
the Department under 20.11.2 NMAC
are also necessary to adequately
implement the Parts 20, 41, 60, and 61
permitting programs for fugitive dust
control and new construction and
modifications to NSR/PSD in attainment
and non-attainment areas. Furthermore,
the revision to subpart 20.11.2.18
NMAC, specifically paragraph K,
establishes replacement of a $1,000 fee
for filing fees for hearings with a lower
flat fee of $125, including an option for
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Fmt 4702
Sfmt 4702
the Department to lower that fee due to
economic burden on the petitioner.
Reduction of this kind of fee encourages
more public involvement, meeting
federal requirements for hearing
processes. These examples, and the fee
rules and revisions further described
and evaluated in this proposal and TSD,
evince a basis for EPA’s proposed
approval that the submittals meet the
requirements of 110(a)(2).
The fee assessment provisions in
20.11.2 NMAC and submitted to EPA
are a portion of the regulatory scheme
regulating the Albuquerque/Bernalillo
County New Source Review Permitting
Program, and provide for permitting fees
to cover the cost of reviewing,
approving, implementing, and enforcing
a permit under the Permitting Program.
EPA has previously reviewed the
Albuquerque/Bernalillo County AQCB
regulations for the Nonattainment New
Source Review Program, Prevention of
Significant Deterioration Permitting,
and Minor NSR program, and has
approved these programs as being
consistent with the federal
requirements. EPA approved revisions
to the Nonattainment New Source
Review Program and to the Prevention
of Significant Deterioration Program on
April 26, 2007 (72 FR 20728). EPA
approved substantive revisions to the
Minor NSR program on March 16, 1994
(59 FR 12172). Based on our evaluation
of these fee assessment rules and
revisions both described in this notice
and TSD, EPA finds they meet the fee
related requirements of section 110(a)(2)
to in part cover costs for these
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Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules
previously approved programs, and
proposes to approve the rules and
revisions as explained in Table 1.
Our evaluation of the 2001 repeal and
replace and the September 7, 2004,
February 2, 2007, and December 15,
2010 revisions also demonstrates
compliance with section 110(l) of the
CAA, and further provides basis for
proposal of approval of these rules and
revisions. Pursuant to section 110(l) of
the CAA, the 2001 repeal and replace
provides for a broader breadth,
application, and stringency of
requirements related to fees than the
previously approved April 10, 1980 SIP.
Based on EPA’s evaluation of these fee
assessment provisions submitted, EPA
proposes to find the submitted repeal
and replace of, and revisions to, 20.11.2
NMAC establishing fee requirements for
permits is consistent with section
110(a)(2) of the CAA.
jlentini on DSK4TPTVN1PROD with PROPOSALS
III. Proposed Action
EPA is proposing an approval of the
2001 repeal and replace SIP revisions
submitted by New Mexico on May 24,
2011, and SIP revisions submitted on
September 7, 2004, February 2, 2007,
and December 15, 2010 pursuant to
section 110(a)(2) requirements of the
CAA relating to fees. EPA is proposing
these actions in accordance with section
110 of the Act.
IV. 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
proposes to approve 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
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16:16 Nov 03, 2011
Jkt 226001
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);
• 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 27, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011–28635 Filed 11–3–11; 8:45 am]
BILLING CODE 6560–50–P
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68393
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–FHC–2011–0046;
94310–1337–0000–D2]
RIN 1018–AX51
Endangered and Threatened Wildlife
and Plants; Termination of the
Southern Sea Otter Translocation
Program; Revised Draft Supplemental
Environmental Impact Statement on
the Translocation of Southern Sea
Otters
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; notice of
availability and reopening of public
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), published a
proposed rule and notice of availability
of a revised draft supplemental
environmental impact statement on the
translocation of southern sea otters
(revised draft SEIS) in the Federal
Register on August 26, 2011. The U.S.
Environmental Protection Agency
concurrently published a notice of
availability of the revised draft SEIS.
The 60-day comment period for our
notice ended on October 24, 2011. This
notice announces a 15-day reopening of
the comment period.
DATES: We will consider comments on
the proposed rule, associated revised
draft SEIS (which includes a revised
draft translocation program evaluation
as Appendix C), and initial regulatory
flexibility analysis (IRFA) that are
received or postmarked on or before
November 21, 2011.
ADDRESSES: Submitting Comments: You
may submit written comments on the
proposed rule, the revised draft SEIS,
and the IRFA by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Enter
Keyword or ID box, enter FWS–R8–
FHC–2011–0046, which is the docket
number for this rulemaking. Then click
on the Search button. On the resultant
screen, you may submit a comment by
clicking on ‘‘Submit a Comment.’’
• By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R8–FHC–2011–
0046; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We will not accept email or faxes. We
will post all information received on
SUMMARY:
E:\FR\FM\04NOP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Proposed Rules]
[Pages 68385-68393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28635]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0154; FRL-9487-1]
Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County; Fees for Permits and Administrative
Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing an approval of revisions which repeal and
replace existing rules, and revisions to the applicable State
Implementation Plan (SIP) for New Mexico Albuquerque/Bernalillo County,
which relate to fee requirement regulations. The repeal and replace and
SIP revisions proposed today would address section 110(a)(2) Clean Air
Act (the Act or CAA) requirements related to fees for, in part,
reviewing and acting on specific permit applications received by the
City of Albuquerque/Bernalillo County Environmental Health Department
(EHD or Department); fees to partially offset the administrative cost
of permit-related administrative hearings; funding for small business
stationary sources; and fees to cover administrative expenses incurred
by the Department in implementing the New Mexico Air Quality Control
Act, the joint Air Quality Control Board (AQCB) ordinances, and the
Albuquerque/Bernalillo County AQCB regulations of the New Mexico
Statutes Annotated (NMSA) 1978. EPA finds that these rules and
revisions comply with applicable provisions of the CAA and is proposing
to approve them into the SIP. This action is being proposed under
section 110 of the Act.
DATES: Comments must be received on or before December 5, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2007-0154 by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
Email: Ms. Ashley Mohr at mohr.ashley@epa.gov.
Fax: Ms. Ashley Mohr, Air Permits Section (6PD-R), at fax
number (214) 665-6762.
Mail: Ashley Mohr, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Ashley Mohr, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Such deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays except for legal holidays. Special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0154. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business
[[Page 68386]]
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through https://www.regulations.gov or email. The
https://www.regulations.gov Web site is an ``anonymous access'' system,
which means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through https://www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. 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. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Permits
Section (6PD-R), 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 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 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.
The New Mexico submittals are also available for public inspection
at the County Air Agency listed below during official business hours by
appointment: Air Quality Division, Environmental Health Department, 3rd
Floor, Suite 3023, One Civic Plaza NW., Albuquerque, New Mexico.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Mohr, Air Permits Section
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7289; fax
number (214) 665-6762; email address mohr.ashley@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document the following terms
have the meanings described below:
``We'', ``us'' and ``our'' refer to EPA.
``Act'' and ``CAA'' mean the Clean Air Act.
``40 CFR'' means Title 40 of the Code of Federal
Regulations--Protection of the Environment.
``SIP'' means the State Implementation Plan established
under section 110 of the Act.
``NSR'' means new source review.
``TSD'' means the Technical Support Document for this
action.
``NAAQS'' means any national ambient air quality standard
established under 40 CFR part 50.
Table of Contents
I. The State's Submittals
A. What action is EPA proposing?
B. Which rules did the state submit?
1. May 24, 2011 Submittal of the 2001 Repeal and Replace
Revisions
2. September 7, 2004 SIP Revision Submittal
3. February 2, 2007 SIP Revision Submittal
4. December 15, 2010 SIP Revision Submittal
II. EPA's Evaluation
A. What are the requirements for EPA's review of a fees SIP
submittal?
B. Do the submitted repeal and replace revisions and subsequent
SIP revisions meet the CAA requirements?
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. The State's Submittals
A. What action is EPA proposing?
This notice provides a summary of our evaluation of the Governor of
New Mexico's submissions regarding Part 2 fees for the Albuquerque/
Bernalillo County, New Mexico State Implementation Plan (SIP). The
Albuquerque/Bernalillo County AQCB is the federally delegated air
quality authority for Albuquerque and Bernalillo County. The
Albuquerque/Bernalillo County AQCB is authorized to administer and
enforce the CAA and the New Mexico Air Quality Control Act, and to
require local air pollution sources to comply with air quality
standards. The Albuquerque/Bernalillo County AQCB is responsible for
the portion of the New Mexico SIP that applies in Bernalillo County,
which encompasses the City of Albuquerque.
We provide the reasoning comprising our evaluation in general terms
in this proposed rulemaking but provide a more detailed evaluation and
analysis in the Technical Support Document (TSD) that has been prepared
for this proposed rulemaking. We are proposing to approve the repeal
and replace rule submitted on May 24, 2011, and SIP revisions submitted
by the Governor of New Mexico to EPA on September 4, 2004, February 2,
2007, and December 10, 2010. We have evaluated these SIP submissions
for consistency with applicable provisions of section 110(a)(2) of the
CAA relating to fees. We have also reviewed the submitted rules and
revisions for legal sufficiency pursuant to section 110(l) of the CAA.
In the course of this review, we identified that on April 10, 1980,
EPA approved revisions to Section 21, Fees into the Albuquerque/
Bernalillo County, New Mexico SIP (45 FR 24468). Since EPA's approval,
the Governor of New Mexico had not previously submitted any revisions
to this Section for EPA review and approval, although the Section was
eventually repealed and replaced by the Albuquerque/Bernalillo County
AQCB effective July 1, 2001. The repeal and replace rule was submitted
to EPA on May 24, 2011 (hereafter referred to as ``2001 repeal and
replace'') as a historical rule amendment and repeals and replaces the
corresponding previously approved April 10, 1980 SIP for fees.
The 2001 repeal and replace was recodified and adopted into
Albuquerque/Bernalillo County rules three times: first to Chapter 74,
Article 2, Part 2, Fees under the Albuquerque/Bernalillo County AQCB
regulations, and recodified again to 20 NMAC 11.02, Permit Fees of the
New Mexico Administrative Code (hereinafter 20.11.2 NMAC) before being
submitted for EPA review and approval as recodified 20.11.2 NMAC,
Permit Fees on May 24, 2011. New Mexico submitted to EPA for review
revisions to 20.11.2 NMAC on September 7, 2004 and February 2, 2007,
and another submittal of revisions on December 15, 2010. The September
7, 2004, February 2, 2007, and December 15, 2010 rule revisions have
been determined to be significantly different from the EPA approved
April 10, 1980 SIP revisions, as these previously approved revisions
reference only fees associated with specific construction activities
under minor new source review (NSR) permitting. Therefore, a direct
comparison to the approved
[[Page 68387]]
Albuquerque/Bernalillo County, New Mexico SIP is impractical, and the
technical review of the May 24, 2011 submittal of the 2001 repeal and
replace will be used as the baseline SIP for evaluation of the
September 7, 2004, February 2, 2007, and December 15, 2010 revisions.
A technical analysis of the May 24, 2011 submittal of the 2001
repeal and replace, and the September 7, 2004, February 2, 2007,
December 15, 2010 SIP rule revisions has found that the baseline repeal
and replace rule, and the revisions to this rule are consistent with
applicable provisions of section 110(a)(2) of the CAA. Therefore, EPA
is proposing an approval of the fees SIP rules submitted on May 24,
2011, September 7, 2004, February 2, 2007, and December 15, 2010.
B. Which rules did the state submit?
1. May 24, 2011 Submittal of the 2001 Repeal and Replace Revisions
The Governor of New Mexico submitted on May 24, 2011 a 2001 repeal
and replace of all previous versions of Section 21 and part 2 fees,
including the prior 1980 EPA approved SIP relating to fees under the
Albuquerque/Bernalillo County AQCB regulations. This submittal includes
the following changes:
Repeal and replace of the following sections: 20.11.2.1
NMAC, Issuing Agency; 20.11.2.2 NMAC, Scope; 20.11.2.3 NMAC, Statutory
Authority; 20.11.2.4 NMAC, Duration; 20.11.2.5 NMAC, Effective Date;
20.11.2.6 NMAC, Objective; 20.11.2.7 NMAC, Definitions; 20.11.2.8 NMAC,
Savings Clause; 20.11.2.9 NMAC, Severability; 20.11.2.10 NMAC,
Documents; 20.11.2.11 NMAC, General Provisions; 20.11.2.12 NMAC
Authority-to-Construct Permit Fees, Fee Calculations and Procedures;
20.11.2.13 NMAC, Annual Emission Fees, Fee Calculations and Procedures;
20.11.2.15 NMAC, Filing and Inspection Fees for Surface Disturbance
Permits; Fee Calculations and Procedures; NMAC 20.11.2.16 NMAC, Fee
Errors, Corrections and Refunds; 20.11.2.17 NMAC, Failure to Pay;
20.11.2.18 NMAC, Fee Schedule.
2. September 7, 2004 SIP Revision Submittal
The Governor of New Mexico submitted a revision on September 7,
2004 to 20.11.2 NMAC, Fees under the Albuquerque/Bernalillo County AQCB
regulations. This submittal includes the following changes:
Revisions to the following sections: 20.11.2.2 NMAC,
Scope; 20.11.2.3 NMAC, Statutory Authority; 20.11.2.6 NMAC, Objective;
20.11.2.7 NMAC, Definitions; 20.11.2.9 NMAC, Severability; 20.11.2.10
NMAC, Documents; 20.11.2.11 NMAC, General Provisions; 20.11.2.12 NMAC
Authority-to-Construct Permit Fees, Fee Calculations and Procedures;
20.11.2.13 NMAC, Annual Emission Fees, Fee Calculations and Procedures;
20.11.2.15 NMAC, Filing and Inspection Fees for Surface Disturbance
Permits; NMAC 20.11.2.16 NMAC, Fee Errors, Corrections and Refunds;
20.11.2.17 NMAC, Failure to Pay; 20.11.2.18 NMAC, Fee Schedule.
3. February 2, 2007 SIP Revision Submittal
The Governor of New Mexico submitted a revision to 20.11.2 NMAC,
Fees on February 2, 2007 under the Albuquerque/Bernalillo County AQCB
regulations. This submittal includes the following changes:
Revisions to the following sections: 20.11.2.6 NMAC,
Objective; 20.11.2.18 NMAC, Fee Schedule.
4. December 15, 2010 SIP Revision Submittal
The Governor of New Mexico submitted to EPA revisions on December
15, 2010 to sections of Part 2 Fees under the Albuquerque/Bernalillo
County AQCB regulations. This submittal includes the following changes:
Additions of the following sections: 20.11.2.19 NMAC,
Application Review Fees for Modification of Existing Permits;
20.11.2.20 NMAC, Administrative and Technical Revision Application
Fees, Portable Stationary Source Relocation Fees; 20.11.2.21 NMAC,
Annual Emission Fees and Rates for Stationary Sources; 20.11.2.22 NMAC,
Miscellaneous Fees, Administrative Fees, Variance Request Fees, Board
Hearing Filing Fees.
Revisions to the following sections: 20.11.2.1 NMAC,
Issuing Agency; 20.11.2.2 NMAC, Scope; 20.11.2.3 NMAC, Statutory
Authority; 20.11.2.6 NMAC, Objective; 20.11.2.7 NMAC, Definitions;
20.11.2.8 NMAC, Savings Clause; 20.11.2.9 NMAC, Severability;
20.11.2.10 NMAC, Documents; 20.11.2.11 NMAC, General Provisions;
20.11.2.12 NMAC Authority-to-Construct Permit Fees, Fee Calculations
and Procedures; 20.11.2.13 NMAC, Annual Emission Fees, Fee Calculations
and Procedures; 20.11.2.15 NMAC, Filing and Inspection Fees for Surface
Disturbance Permits; Fee Calculations and Procedures; NMAC 20.11.2.16
NMAC, Fee Errors, Corrections and Refunds; 20.11.2.17 NMAC, Failure to
Pay; 20.11.2.18 NMAC, Fee Schedule;
Table 1 summarizes the changes that are in the 2001 repeal and
replace submitted May 24, 2011, and the three SIP revisions submitted
September 7, 2004, February 2, 2007, and December 15, 2010. A summary
of EPA's evaluation of each section and the basis for this proposal is
discussed in section II of this preamble. The Technical Support
Document (TSD) includes a detailed evaluation of the referenced SIP
submittals.
Table 1--Summary of Each SIP Submittal That Is Affected by This Action
----------------------------------------------------------------------------------------------------------------
Description of
Section Title Submittal dates change Proposed action
----------------------------------------------------------------------------------------------------------------
20.11.2 NMAC--Fees
----------------------------------------------------------------------------------------------------------------
Issuing Agency
----------------------------------------------------------------------------------------------------------------
20.11.2.1 NMAC............... Issuing Agency....... 5/24/2011 Repeal and replace: Approval.
Contact information
for issuing agency.
12/15/2010 Revised section to Approval.
update contact
information for
issuing agency.
----------------------------------------------------------------------------------------------------------------
[[Page 68388]]
Scope
----------------------------------------------------------------------------------------------------------------
20.11.2.2 NMAC............... Scope................ 5/24/2011 Repeal and replace: Approval; No
Scope of rule Action on
applicability, references to
exemption, and Operating
variance. Permits
(20.11.42 NMAC)
in subsection
(A). \1\
-----------------------------------------------------------
9/7/2004 Revised Approval; No
12/15/2010 applicability to Action on
persons consistent references to
with specific fee Operating
updates. Permits
(20.11.42 NMAC)
in subsection
(A).
----------------------------------------------------------------------------------------------------------------
Statutory Authority
----------------------------------------------------------------------------------------------------------------
20.11.2.3 NMAC............... Statutory Authority.. 5/14/2011 Repeal and replace: Approval.
Fees provisions
adopted pursuant to
state statutory
authority.
-----------------------------------------------------------
9/7/2004 Revised section to Approval.
12/15/2010 include
recodification and
additional
references to
statutory authority.
----------------------------------------------------------------------------------------------------------------
Duration
----------------------------------------------------------------------------------------------------------------
20.11.2.4 NMAC............... Duration............. 5/24/2011 Repeal and replace: Approval.
Rules to be of
permanent duration.
----------------------------------------------------------------------------------------------------------------
Effective Date
----------------------------------------------------------------------------------------------------------------
20.11.2.5 NMAC............... Effective Date....... 5/24/2011 Repeal and replace: Approval.
Rules to be
effective July 1,
2001.
----------------------------------------------------------------------------------------------------------------
Objective
----------------------------------------------------------------------------------------------------------------
20.11.2.6 NMAC............... Objective............ 5/24/2011 Repeal and replace: Approval.
Establishes
objectives for fees
rules.
---------------------------------------
9/7/2004 Revises section to Approval.
2/2/2007 remove and add
12/15/2010 objectives
consistent with
specific fee
updates.
----------------------------------------------------------------------------------------------------------------
Definitions
----------------------------------------------------------------------------------------------------------------
20.11.2.7 NMAC............... Definitions.......... 5/24/2011 Repeal and Replace: Approval.
Provides
definitions for the
following as used
in the fees rules:
``Allowable
Emission Rate'',
``Emissions Unit''.
``Fee Pollutant'',
``Fugitive
Emissions''.
``Major Source'',
``Potential to
Emit'' or ``PTE'',
``Qualified Small
Business'',
``Regulated Air
Pollutant'',
``Stationary Source
with De Minimis
Emissions''.
-----------------------------------------------------------
9/7/2004 Section revised to Approval.
include
recodification and
other non
substantive
changes.
Definitions
added:``High Impact
Source'', ``Low
impact Source'',
``Moderate impact
Source'', ``No
Impact Source'',
``Efficiency
Control Factor''.
-----------------------------------------------------------
[[Page 68389]]
12/15/2010 Section revised to Approval.
update definitions,
correct references,
and remove
definitions no
longer needed.
Definitions added:
``Administrative
Revision'',
``Consumer price
index all urban
consumers'' or
''CPI-U'',
``Proposed
Allowable Emission
Rate'', ``Technical
Permit Revision'',
``Submittal''.
----------------------------------------------------------------------------------------------------------------
Savings Clause
----------------------------------------------------------------------------------------------------------------
20.11.2.8 NMAC............... Savings Clause....... 5/24/2011 Repeal and replace: Approval.
Any amendment to
fees rules shall
not affect actions
pending for a
violation.
-----------------------------------------------------------
12/15/2010 Section revised non- Approval.
substantively.
----------------------------------------------------------------------------------------------------------------
Severability
----------------------------------------------------------------------------------------------------------------
20.11.2.9 NMAC............... Severability......... 5/24/2011 Repeal and replace: Approval.
Unconstitutional
and invalidated
portions of the
fees rules will not
invalidate
remaining
provisions.
-----------------------------------------------------------
9/7/2004 Section revised non- Approval.
12/15/2010 substantively.
----------------------------------------------------------------------------------------------------------------
Documents
----------------------------------------------------------------------------------------------------------------
20.11.2.10 NMAC.............. Documents............ 5/24/2011 Repeal and replace: Approval.
Documents cited and
incorporated may be
viewed at physical
location.
-----------------------------------------------------------
9/7/2004 Section revised non- Approval.
12/15/2010 substantively.
----------------------------------------------------------------------------------------------------------------
General Provisions
----------------------------------------------------------------------------------------------------------------
20.11.2.11 NMAC.............. General Provisions... 5/24/2011 Repeal and replace: Approval.
General provisions
for payment of fees
with certain permit
or source document
submittals.
-----------------------------------------------------------
9/7/2004 Section revised non- Approval.
substantively.
-----------------------------------------------------------
12/15/2010 Section revised non- Approval; No
substantively. Action on
references to
Operating
Permits
(20.11.42 NMAC)
in subsection
(B).
----------------------------------------------------------------------------------------------------------------
Authority-To-Construct Permit Fees; Fee Calculations and Procedures
----------------------------------------------------------------------------------------------------------------
20.11.2.12 NMAC.............. Authority-to- 5/24/2011 Repeal and replace: Approval; No
Construct Permit Fee provisions, Action on
Fees; Fee calculations, and references to
Calculations and procedures for Operating
Procedures. minor and area Permits
source permits, pre- (20.11.42 NMAC)
construction in subsection
permits, permit (B).
modifications.
-----------------------------------------------------------
[[Page 68390]]
9/7/2004 Section revised non- Approval; No
substantively. Action on
references to
Operating
Permits
(20.11.42 NMAC)
in subsection
(B).
-----------------------------------------------------------
12/15/2010 Section revised to Approval; No
add reference to Action on
source registration references to
in addition to Operating
permits, and to Permits
base fee amounts on (20.11.42 NMAC)
allowable emission in subsection
rates instead of (B).
PTE. Other
revisions to update
section consistent
with updates to
other subsections
of the rule.
----------------------------------------------------------------------------------------------------------------
Annual Emission Fees; Fee Calculations and Procedures
----------------------------------------------------------------------------------------------------------------
20.11.2.13 NMAC.............. Annual Emission Fees; 5/24/2011 Repeal and replace: Approval.
Fee Calculations and Annual emission
Procedures. fees, calculations,
and procedures for
sources, including
permit
modifications.
-----------------------------------------------------------
9/7/2004 Section revised non- Approval.
substantively.
-----------------------------------------------------------
12/15/2010 Section revised Approval; No
regarding owner/ Action on
operator challenge references to
or correction Operating
request of annual Permits
fee amounts, (20.11.42 NMAC)
addition of in subsections
methodology for (A) and (B).
fugitive dust
control permits,
revised annual
emission fees to be
based on allowable
emission rate
rather than PTE,
and revised to
require annual
emission rated be
updated each year
based on the
consumer price
index.
----------------------------------------------------------------------------------------------------------------
Filing and Inspection Fees for Surface Disturbance Permits; Fee Calculations and Procedures
----------------------------------------------------------------------------------------------------------------
20.11.2.15 NMAC.............. Filing and inspection 5/24/2011 Repeal and replace: Approval.
Fees for Surface Filing and
Disturbance Permits; inspection fee
Fee Calculations and requirements for
Procedures. fugitive dust
control permits.
-----------------------------------------------------------
9/7/2004 Section revised to Approval.
12/15/2010 add specific filing
and review fee
amounts, change
flat fee to tiered
fee schedule based
on acreage, add and
update calculation
methodology used to
calculate non-
programmatic dust
control permit
inspection fees,
require fugitive
dust rates be
updated yearly
based on the
consumer price
index, and require
fugitive dust
control
construction permit
fees for certain
demolition
activities.
----------------------------------------------------------------------------------------------------------------
Fee Errors, Corrections and Refunds
----------------------------------------------------------------------------------------------------------------
20.11.2.16 NMAC.............. Fee Errors, 5/24/2011 Repeal and replace: Approval.
Corrections and Procedure and
Refunds. process for review
of fees due at time
of application;
procedure for
persons requesting
correction or
challenging
invoiced fees.
-----------------------------------------------------------
[[Page 68391]]
9/7/2004 Revised section to Approval.
exclude section's
applicability to
fugitive dust
control permits.
-----------------------------------------------------------
12/15/2010 Revises section for Approval.
review of
correction request
and various
procedure aspects,
makes fee for
fugitive dust
control construct
permit application
non-refundable.
----------------------------------------------------------------------------------------------------------------
Failure To Pay
----------------------------------------------------------------------------------------------------------------
20.11.2.17 NMAC.............. Failure to Pay....... 5/24/2011 Repeal and replace: Approval.
Violation and
penalty for failure
to pay fees, and
stating invoice
incorrect not a
defense.
-----------------------------------------------------------
9/7/2004 Section revised non- Approval.
substantively.
-----------------------------------------------------------
12/15/2010 Section revised to Approval.
include reference
to appeal
procedures for
incorrect-fee
challenges.
----------------------------------------------------------------------------------------------------------------
Fee Schedule
----------------------------------------------------------------------------------------------------------------
20.11.2.18 NMAC.............. Fee Schedule......... 5/24/2011 Repeal and replace: Approval.
Fee schedule for
annual emission
fees, review fees,
permit modification
fees, and
administrative fees.
-----------------------------------------------------------
9/7/2004 Section revised to Approval.
12/15/2010 delete fees other
than review fees
consistent with
updates in other
sections of the
rule, include a
general review fee,
require application
review fee rates be
updated each year
based on the
consumer price
index, increase
fees for each tier
in fee schedule,
and change emission
rates basis from
PTE to allowable
emission rates.
----------------------------------------------------------------------------------------------------------------
Application Review Fees for Modification of Existing Permits
----------------------------------------------------------------------------------------------------------------
20.11.2.19 NMAC.............. Application Review 12/15/2010 New section Approval.
Fees for specifying
Modification of application review
Existing Permits. fees for
modifications to an
existing stationary
source.
----------------------------------------------------------------------------------------------------------------
Administrative and Technical Revision Application Fees; Portable Stationary Source Relocation Fees
----------------------------------------------------------------------------------------------------------------
20.11.2.20 NMAC.............. Administrative and 12/15/2010 New section Approval.
Technical Revision specifying
Application Fees; administrative and
Portable Stationary technical revision
Source Relocation fees for
Fees. modifications to an
existing permit,
and specifies
portables
stationary source
relocation fees for
modifications to an
existing permit.
----------------------------------------------------------------------------------------------------------------
[[Page 68392]]
Annual Emissions Fees and Rates for Stationary Sources
----------------------------------------------------------------------------------------------------------------
20.11.2.21 NMAC.............. Annual Emissions Fees 12/15/2010 New section Approval; No
and Rates for specifying fees for Action on
Stationary Sources. annual emission references to
source Operating
registrations, Permits
annual emission (20.11.42 NMAC)
fees for permitted in subsection
sources, and annual (B).
emission fees for
emergency
generators and
gasoline service
and fleet stations.
----------------------------------------------------------------------------------------------------------------
Miscellaneous Fees--Administrative Fees; Variance Request Fees; Board Hearing Filing Fees
----------------------------------------------------------------------------------------------------------------
20.11.2.22................... Miscellaneous Fees-- 12/15/2010 New section Approval.
Administrative Fees; specifying
Variance Request administrative
Fees; Board Hearing fees, variance
Filing Fees. request fees, and
board hearing
filing fees.
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 repeal and replace submitted May 24, 2011, and the September 7, 2004, February 2, 2007, and
December 15, 2010 Fees SIP submittals reference Operating Permits (20.11.42 NMAC) related to the Title V
program. The Title V program is subject to statutory and regulatory evaluation beyond the statutory scope of
this rulemaking. CAA Section 110(a)(2) falls under Title I of the CAA. Any evaluation of the Title V program
and related fees must be done pursuant to CAA section 502 through 507 and 40 CFR part 70 and we are not
evaluating the fees provisions related to the Title V program as part of this action regarding the SIP. The
scope of this action is limited to determining whether the City of Albuquerque/Bernalillo County AQCB fees SIP
submittals meet the fees requirements of CAA 110(a)(2). Refer to the TSD for additional information regarding
the specific portions of subsections relating to Title V we are not taking action on in this rulemaking.
II. EPA's Evaluation
A. What are the requirements for EPA's review of a fees SIP submittal?
The Albuquerque/Bernalillo County AQCB adopted and the Governor of
New Mexico submitted the 2001 repeal and replace and the September 7,
2004, February 2, 2007, and December 15, 2010, SIP revisions pursuant
to the applicable provisions of section 110(a)(2) of the CAA related to
fees. These federal requirements include permitting fees to cover the
cost of reviewing, approving, implementing, and enforcing a permit. In
addition to the applicable fee related requirements of section
110(a)(2), EPA's evaluation must consider section 110(l) of the CAA.
Section 110(l) of the CAA states that EPA shall not approve a revision
of the SIP if it would interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of the Act.
B. Do the submitted repeal and replace revisions and subsequent SIP
revisions meet the CAA requirements?
Based on EPA's evaluation of the 2001 repeal and replace and the
September 7, 2004, February 2, 2007, and December 15, 2010 revisions,
we propose to find these submitted rules and revisions meet the
applicable fee related requirements of section 110(a)(2) of the CAA.
These rules and revisions are summarized in Table 1 of this proposed
rulemaking, and are analyzed with more detail in the TSD. The rules and
revisions contained within the Governor of New Mexico's submittals
demonstrate compliance with section 110(a)(2) of the Act. For example,
the Albuquerque/Bernalillo County EHD assesses fees when an owner or
operator applies for an air permit, air permit renewal, or air permit
amendment. Additionally, annual fees are assessed for sources with
existing source registrations or permits. These fees are used to cover
the permit review and permit issuance costs. The Department also
assesses fees to partially offset the administrative cost of variance
procedures and permit-related administrative hearings before the board;
assesses fees to implement the requirements of Section 507 of the Clean
Air Act by establishing adequate funding for small business stationary
source technical and environmental compliance assistance program; and
assesses fees to cover administrative expenses incurred by the
Department in implementing and enforcing the provisions of the NMAC,
the joint air quality control board ordinances, and the Albuquerque/
Bernalillo County AQCB regulations. The fees assessed by the Department
under 20.11.2 NMAC are also necessary to adequately implement the Parts
20, 41, 60, and 61 permitting programs for fugitive dust control and
new construction and modifications to NSR/PSD in attainment and non-
attainment areas. Furthermore, the revision to subpart 20.11.2.18 NMAC,
specifically paragraph K, establishes replacement of a $1,000 fee for
filing fees for hearings with a lower flat fee of $125, including an
option for the Department to lower that fee due to economic burden on
the petitioner. Reduction of this kind of fee encourages more public
involvement, meeting federal requirements for hearing processes. These
examples, and the fee rules and revisions further described and
evaluated in this proposal and TSD, evince a basis for EPA's proposed
approval that the submittals meet the requirements of 110(a)(2).
The fee assessment provisions in 20.11.2 NMAC and submitted to EPA
are a portion of the regulatory scheme regulating the Albuquerque/
Bernalillo County New Source Review Permitting Program, and provide for
permitting fees to cover the cost of reviewing, approving,
implementing, and enforcing a permit under the Permitting Program. EPA
has previously reviewed the Albuquerque/Bernalillo County AQCB
regulations for the Nonattainment New Source Review Program, Prevention
of Significant Deterioration Permitting, and Minor NSR program, and has
approved these programs as being consistent with the federal
requirements. EPA approved revisions to the Nonattainment New Source
Review Program and to the Prevention of Significant Deterioration
Program on April 26, 2007 (72 FR 20728). EPA approved substantive
revisions to the Minor NSR program on March 16, 1994 (59 FR 12172).
Based on our evaluation of these fee assessment rules and revisions
both described in this notice and TSD, EPA finds they meet the fee
related requirements of section 110(a)(2) to in part cover costs for
these
[[Page 68393]]
previously approved programs, and proposes to approve the rules and
revisions as explained in Table 1.
Our evaluation of the 2001 repeal and replace and the September 7,
2004, February 2, 2007, and December 15, 2010 revisions also
demonstrates compliance with section 110(l) of the CAA, and further
provides basis for proposal of approval of these rules and revisions.
Pursuant to section 110(l) of the CAA, the 2001 repeal and replace
provides for a broader breadth, application, and stringency of
requirements related to fees than the previously approved April 10,
1980 SIP. Based on EPA's evaluation of these fee assessment provisions
submitted, EPA proposes to find the submitted repeal and replace of,
and revisions to, 20.11.2 NMAC establishing fee requirements for
permits is consistent with section 110(a)(2) of the CAA.
III. Proposed Action
EPA is proposing an approval of the 2001 repeal and replace SIP
revisions submitted by New Mexico on May 24, 2011, and SIP revisions
submitted on September 7, 2004, February 2, 2007, and December 15, 2010
pursuant to section 110(a)(2) requirements of the CAA relating to fees.
EPA is proposing these actions in accordance with section 110 of the
Act.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required
