Approval and Promulgation of Implementation Plans; New Mexico; Construction Permit Fees, 18923-18929 [2012-7561]
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
NAAQS, the basis for the suspension of
the specific requirements, set forth at 40
CFR 51.1004(c), would no longer exist
and these Areas would thereafter have
to address the pertinent requirements.
This action does not constitute a
redesignation of these Areas to
attainment for the 24-hour 2006 PM2.5
NAAQS under section 107(d)(3) of the
Clean Air Act (CAA). Further, this
action does not involve approving
maintenance plans for these Areas as
required under section 175A of the
CAA, nor does it find that the Areas
have met all other requirements for
redesignation. Even after these
determinations of attainment by EPA,
the designation status of these Areas is
nonattainment for the 24-hour 2006
PM2.5 NAAQS until such time as EPA
determines that the Areas meet the CAA
requirements for redesignation to
attainment and takes action to
redesignate these Areas.
III. Statutory and Executive Order
Reviews
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A. General Requirements
This action makes determinations of
attainment based on air quality, and will
result in the suspension of certain
Federal requirements, and will 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);
• 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
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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 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.
B. Submission to Congress and the
Comptroller General
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 29, 2012. 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.
These clean data determinations for
the 24-hour 2006 PM2.5 NAAQS for the
Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster
nonattainment areas 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
PO 00000
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18923
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 19, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
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 NN—Pennsylvania
2. In § 52.2059, paragraph (e) is added
to read as follows:
■
§ 52.2059
matter.
Control strategy: Particulate
*
*
*
*
*
(e) Determination of Clean Data. EPA
has determined, as of March 29, 2012,
that based on 2008 to 2010 ambient air
quality data, the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown,
and Lancaster nonattainment areas have
attained the 24-hour 2006 PM2.5
NAAQS. These determinations, in
accordance with 40 CFR 51.1004(c),
suspend the requirements for these
areas to submit an attainment
demonstration, associated reasonably
available control measures, a reasonable
further progress plan, contingency
measures, and other planning SIPs
related to attainment of the standard for
as long as these areas continue to meet
the 24-hour 2006 PM2.5 NAAQS.
[FR Doc. 2012–7563 Filed 3–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–NM–0006; FRL–
9654–2]
Approval and Promulgation of
Implementation Plans; New Mexico;
Construction Permit Fees
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking a direct final
action to approve revisions which
repeal and replace existing rules, and
revisions to the applicable State
Implementation Plan (SIP) for New
Mexico submitted by the State of New
Mexico on April 11, 2002, and April 25,
2005, which relate to construction
permit fee requirement regulations. The
repeal and replace and SIP revisions
SUMMARY:
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included in this action would address
section 110(a)(2) Clean Air Act (the Act
or CAA) requirements related to fees for
reviewing and acting on specific air
quality construction permit applications
received by the New Mexico
Environment Department (NMED or
Department) and for implementing and
enforcing the terms and conditions of
the construction permit, excluding any
court costs or other costs associated
with an enforcement action. EPA has
determined that these SIP revisions
comply with the Clean Air Act and EPA
regulations and are consistent with EPA
policies. This action is being taken
under section 110 of the Act.
DATES: This direct final rule is effective
on May 29, 2012 without further notice,
unless EPA receives relevant adverse
comment by April 30, 2012. If EPA
receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2005–NM–0006, by one of the
following methods:
(1) www.regulations.gov: Follow the
on-line instructions for submitting
comments.
(2) Email: Ms. Ashley Mohr at mohr.
ashley@epa.gov.
(3) Fax: Ms. Ashley Mohr, Air Permits
Section (6PD–R), at fax number 214–
665–6762.
(4) Mail: Ms. Ashley Mohr, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
(5) Hand or Courier Delivery: Ms.
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
8:30 a.m. and 4:30 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–2005–
NM–0006. 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
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
email, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
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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 along with any disk or CD–
ROM submitted. 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 and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://www.
epa.gov/epahome/dockets.htm.
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
the disclosure of which 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. A 15 cent
per page fee will be charged for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area on the seventh
floor at 1445 Ross Avenue, Suite 700,
Dallas, Texas.
The State submittal related to this SIP
revision, and which is part of the EPA
docket, is also available for public
inspection at the State Air Agency listed
below during official business hours by
appointment:
New Mexico Environment
Department, Air Quality Bureau, 1190
PO 00000
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St. Francis Drive, Santa Fe, New
Mexico.
If
you have questions concerning today’s
direct final action, please contact Ms.
Ashley Mohr (6PD–R), Air Permits
Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue
(6PD–R), Suite 1200, 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. What action is EPA taking?
II. What did New Mexico submit?
A. April 11, 2002 Repeal and Replace SIP
Revision Submittal
B. April 25, 2005 SIP Revision Submittal
III. 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?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
We are taking direct final action to
approve revisions to the applicable State
Implementation Plan (SIP) for New
Mexico submitted by the State of New
Mexico on April 11, 2002, and April 25,
2005, which relate to construction
permit fee requirement regulations. The
April 11, 2002, SIP submittal repealed
the existing construction permit fee
regulations and adopted replacement
construction permit fees (hereafter
referred to as ‘‘repeal and replace’’),
codified in 20.2.75 of the New Mexico
Administrative Code (NMAC). The
April 25, 2005, SIP submittal amended
four sections of the repeal and replace:
20.2.75.5 NMAC, 20.2.75.7 NMAC,
20.2.75.10 NMAC, and 20.2.75.11
NMAC.
We provide the reasoning comprising
our evaluation in general terms in this
rulemaking but provide a more detailed
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evaluation and analysis in the Technical
Support Document (TSD) that has been
prepared for this rulemaking. The repeal
and replace submitted on April 11,
2002, has been determined to be
significantly different from the existing
version of 20.2.75 NMAC, Construction
Permit Fees, which was approved into
the New Mexico SIP by EPA on
September 26, 1997 (62 FR 50518).
Therefore, a direct comparison to the
approved New Mexico SIP is
impractical, and the technical review of
the repeal and replace will be evaluated
for approval in this action and used as
the baseline SIP for evaluation of the
April 25, 2005, revisions.
Our technical analysis of the April 11,
2002, repeal and replace and the April
25, 2005, SIP rule revisions has found
that the repeal and replace as a baseline
rule, and the subsequent revisions to
this rule are consistent with applicable
provisions of section 110(a)(2) of the
CAA. Therefore, EPA is taking direct
final action to approve the fees SIP rules
submitted on April 11, 2002, and April
25, 2005.
We are publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no relevant adverse
comments. As explained in our
technical support document (TSD), we
are finding this action noncontroversial
because the construction permit fees
program is an established permit fees
program that New Mexico developed
with input from members of the
regulated community and public
interest groups via a public
participation process that was initiated
simultaneous to initial rule review and
development. However, in the proposed
rules section of this Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the SIP revision if
relevant adverse comments are received.
This rule will be effective on May 29,
2012 without further notice unless we
receive relevant adverse comment by
April 30, 2012. If we receive relevant
adverse comments, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
II. What did New Mexico submit?
A. April 11, 2002 Repeal and Replace
SIP Revision Submittal
The Governor of New Mexico
submitted on April 11, 2002, a repeal
and replacement of the existing version
of 20.2.75 NMAC, Construction Permit
Fees, which was approved into the New
18925
Mexico SIP by EPA on September 26,
1997. This submittal includes the
following changes:
• Repeal and replace of the following
sections: 20.2.75.1 NMAC, Issuing
Agency; 20.2.75.2 NMAC, Scope;
20.2.75.3 NMAC, Statutory Authority;
20.2.75.4 NMAC, Duration; 20.2.75.5
NMAC, Effective Date; 20.2.75.6 NMAC,
Objective; 20.2.75.7 NMAC, Definitions;
20.2.75.8 NMAC, Amendment and
Supersession of Prior Regulations;
20.2.75.9 NMAC, Documents; 20.2.75.10
NMAC, Filing Fee; 20.2.75.11 NMAC,
Permit Fee; 20.2.75.12 NMAC, Payment
of Fees; and 20.2.75.13 NMAC, Periodic
Review.
B. April 25, 2005 SIP Revision Submittal
The Governor of New Mexico
submitted on April 25, 2005, a revision
to 20.2.75 NMAC, Construction Permit
Fees. This submittal includes the
following changes:
• Revisions to the following sections:
20.2.75.5 NMAC, Effective Date;
20.2.75.7 NMAC, Definitions; 20.2.75.10
NMAC, Filing Fee; and 20.2.75.11
NMAC, Permit Fee.
Table 1 summarizes the changes that
are in the repeal and replace submitted
April 11, 2002, and the additional SIP
revisions submitted April 25, 2005. A
summary of EPA’s evaluation of each
section and the basis for this action is
discussed in section III 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
Submittal
dates
Title
Description of change
Final
action
20.2.75 NMAC—Construction Permit Fees
Issuing Agency
20.2.75.1
NMAC ...............
Issuing Agency ...................
4/11/2002
Repeal and replace: Information about the issuing
agency.
Approval.
Scope
20.2.75.2
NMAC ...............
Scope .................................
4/11/2002
Repeal and replace: Scope of rule applicability and annual fee payment requirements 1.
Approval.
Statutory Authority
20.2.75.3
NMAC ...............
Statutory Authority ..............
4/11/2002
Repeal and replace: Fees provisions adopted pursuant
to state statutory authority.
Approval.
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Duration
20.2.75.4
NMAC ...............
Duration ..............................
4/11/2002
Repeal and replace: Rules to be of permanent duration
Approval.
Effective Date
20.2.75.5
NMAC ...............
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2001.
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Approval.
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TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued
Section
Submittal
dates
Title
.............................................
4/25/2005
Description of change
Section revised to include the effective date as March
2, 2001 except where a later date is cited at the end
of a specific section.
Final
action
Approval.
Objective
20.2.75.6
NMAC ...............
Objective ............................
4/11/2002
Repeal and replace: Establishes objective for fees rules
Approval.
Definitions
20.2.75.7
NMAC ...............
Definitions ...........................
4/11/2002
Repeal and Replace: Provides definitions for the following as used in the fees rules: ‘‘Air toxics review’’, 2
‘‘Applicable regulations’’. 3 ‘‘Fee unit’’,4 ‘‘Fugitive
Emissions Fee Unit’’. ‘‘Revision’’,5 ‘‘Small business’’,6
‘‘Technical review of an existing permit’’.
Approval.
.............................................
4/25/2005
Section revised to include the correction of a typographical error in the definition of ‘‘Fee unit’’.
Approval.
Amendment and Supersession of Prior Regulations
20.2.75.8
NMAC ...............
Amendment and Supersession of Prior Regulations.
4/11/2002
Repeal and replace: Amendment and supersession of
AQCR 700 with Part 75.
Approval.
Documents
20.2.75.9
NMAC ...............
Documents .........................
4/11/2002
Repeal and replace: Documents cited may be viewed
at physical location.
Approval.
Filing Fee
20.2.75.10
NMAC .............
Filing Fee ...........................
4/11/2002
Repeal and replace: Filing fees established for construction permit applications 7.
Approval.
.............................................
4/25/2005
Section revised to include filing fee requirements for filing of a notice of intent.
Approval.
Permit Fee
20.2.75.11
NMAC .............
Permit Fee ..........................
4/11/2002
Repeal and replace: Complexity point-based permit fee
schedule and annual fees established for construction permit applicants 8 9 10.
Approval.
.............................................
4/25/2005
Section revised to include complexity points for portable
source relocation; increase annual fee amount; and
establish requirement to update fee amounts annually based on the Consumer Price Index.
Approval.
Payment of Fees
20.2.75.12
NMAC .............
Payment of Fees ................
4/11/2002
Repeal and replace: Construction permit fee payment
requirements for filing fees, permits fees, and annual
fees.
Approval.
Periodic Review
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20.2.75.13
NMAC .............
Periodic Review .................
4/11/2002
Repeal and replace: Construction permit fees and construction permit program costs will be reviewed annually.
Approval.
1 The scope provisions submitted on April 11, 2002 as part of the repeal and replace references Operating Permits (20.2.70 NMAC) and Operating Permit Emission Fees (20.2.71 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. Therefore, we are approving the reference to Operating Permits and Operating Permit Emission Fees as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP the underlying and related regulations found in 20.2.70 NMAC
and 20.2.71 NMAC through this rulemaking.
2 ‘‘Air toxics review’’ under the repeal and replace submitted April 11, 2002 references Air Toxics Review (20.2.72.400 NMAC–20.2.72.499
NMAC), which is a permitting program and regulation separate from the fee rules governed by 20.2.75 NMAC. The State Air Toxics program is
subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is limited to determining whether the
New Mexico fee SIP submittals meet the fee related requirements of section 110(a)(2). Therefore, we are approving the reference to Air Toxics
Review as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not
evaluating or approving into the SIP the underlying and related regulations for Air Toxics Review through this rulemaking.
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3 ‘‘Applicable regulations’’ under the repeal and replace submitted April 11, 2002 references Operating Permits (20.2.70 NMAC), Operating
Permit Emissions Fees (20.2.71 NMAC), New Source Performance Standards (NSPS) (20.2.77 NMAC), Emission Standards for Hazardous Air
Pollutants (NESHAP) (20.2.78 NMAC), and Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants (MACT) (20.2.82 NMAC) (hereafter collectively referred to as Parts 70, 71, 77, 78, and 82), which are regulations separate from the fee
rules governed by 20.2.75 NMAC. The regulations included in Parts 70, 71, 77, 78, and 82 are subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is limited to determining whether the New Mexico fee SIP submittals meet the fee related
requirements of section 110(a)(2). Therefore, we are approving the reference to these regulations as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP the underlying and
related regulations for Parts 70, 71, 77, 78, and 82 through this rulemaking.
4 ‘‘Fee unit’’ under the repeal and replace submitted April 11, 2002 references Exemptions (20.2.72.202 NMAC), which are a permitting program and regulations separate from the fee rules governed by 20.2.75 NMAC. In this rulemaking, we are approving only the reference to Exemptions as part of the fee schedule required by the applicable requirements of section 110(a)(2). However, though we are approving these fee rules
and the related references for the purpose of compliance with the fee related requirements of section 110(a)(2), we are not evaluating or approving into the SIP the underlying permitting program or regulations for Exemptions through this rulemaking. New Mexico has submitted these Exemptions in a separate SIP submittal, and we will act upon that submittal in a separate future rulemaking.
5 ‘‘Revision’’ under the repeal and replace submitted April 11, 2002 references Administrative Revisions as used in 20.2.72 NMAC, which are
regulations separate from the fee rules governed by 20.2.75 NMAC. In this rulemaking, we are approving only the reference to Administrative
Revisions as part of the fee schedule required by the applicable requirements of section 110(a)(2). However, though we are approving these fee
rules and the related references for the purpose of compliance with the fee related requirements of section 110(a)(2), we are not evaluating or
approving into the SIP the underlying regulations for Administrative Revisions through this rulemaking. New Mexico has submitted the Administrative Revisions provisions in a separate SIP submittal, and we will act upon that submittal in a separate future rulemaking.
6 ‘‘Small business’’ under the repeal and replace submitted April 11, 2002 references 20.2.70 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 must be done pursuant to CAA section 502 through 507 and 40 CFR part 70. Therefore, we
are approving the reference to Operating Permits as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP the underlying regulation found in 20.2.70 NMAC through this
rulemaking.
7 The filing fee provisions submitted on April 11, 2002 as part of the repeal and replace includes filing fee requirements in 20.2.75.10(B) NMAC
for permit applications filed under the Accelerated Review permit processing program (20.2.72.221 NMAC). New Mexico has withdrawn the provisions contained in 20.2.75.10(B) NMAC from the April 11, 2002 submittal since the underlying Accelerated Review permit processing program is
not part of the New Mexico SIP.
8 The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace includes permit fee requirements in 20.2.75.11(D) NMAC for permit applications filed under the Accelerated Review permit processing program (20.2.72.221 NMAC). New
Mexico has withdrawn the provisions contained in 20.2.75.11(D) NMAC from the April 11, 2002 submittal since the underlying Accelerated Review permit processing program is not part of the New Mexico SIP.
9 The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace includes allotment of points to
Air Toxics Review (20.2.72.400 NMAC–20.7.72.499 NMAC), NSPS, and NESHAP/MACT programs for the purpose of calculating a permit fee.
Air Toxics Review, NSPS, and NESHAP/MACT programs are subject to statutory and regulatory evaluation beyond the statutory scope of this
rulemaking. This action is limited to determining whether the New Mexico fee SIP submittals meet the fee related requirements of section
110(a)(2). Therefore, we are approving the references to Air Toxics Review, NSPS, and NESHAP/MACT programs as part of the permit fee
schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the
SIP the underlying and related regulations for Air Toxics Review, NSPS, and NESHAP/MACT programs through this rulemaking.
10 The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace includes allotment of points to
‘‘applicable regulations’’ as represented by a generic catch-all provision denoted 20.2.X NMAC. (20.2.X NMAC includes those regulations that
are applicable to sources as defined in 20.2.75.7(B)). 20.2.X NMAC includes regulations that are separate from the fee rules governed by
20.2.75 NMAC. The regulations, sources, and programs represented by 20.2.X NMAC and as defined by 20.2.75.7(B) may be subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is limited to determining whether the New Mexico fee
SIP submittals meet the fee related requirements of section 110(a)(2). Therefore, we are approving the reference to 20.2.X NMAC as part of the
permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving
into the SIP the underlying and related regulations including in 20.2.X NMAC through this rulemaking.
III. EPA’s Evaluation
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A. What are the requirements for EPA’s
review of a fees SIP submittal?
The New Mexico EIB adopted and the
Governor of New Mexico submitted the
April 11, 2002, repeal and replace and
the April 15, 2005, 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
April 11, 2002, and April 25, 2005, SIP
submittals, we 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 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 NMED assesses
fees when an owner or operator applies
for a notice of intent, a permit to
construct or modify a source, or a
revision to a construction permit.
Additionally, annual fees are assessed
for sources that have been issued a
permit under 20.2.72 NMAC,
Construction Permits. These fees are
used to cover the costs of NMED’s
construction permit program, including
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Frm 00021
Fmt 4700
Sfmt 4700
permit review, issuance, and
implementation costs. New Mexico
indicated in the April 11, 2002, and
April 25, 2005, SIP submittals that the
repeal and replace and subsequent
revisions to the construction permit fee
requirement regulation are necessary for
the Department to collect sufficient fees
to cover the costs of the construction
permit program. The fee schedule
adopted by New Mexico and the fee
rules and revisions further described
and evaluated in this action and TSD,
evince a basis for EPA’s approval that
the submittals meet the requirements of
110(a)(2).
The fee assessment provisions in
20.2.75 NMAC and submitted to EPA
are a portion of the regulatory scheme
regulating NMED’s construction
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 New Mexico EIB
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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, the Prevention of
Significant Deterioration Program, and
the Minor NSR program on September
5, 2007 (72 FR 50879), July 30, 2011 (76
FR 43149), September 26, 1997 (62 FR
50518) respectively. 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
previously approved programs, and thus
approves the rules and revisions as
explained in Table 1.
Our evaluation of the April 11, 2002,
and April 25, 2005, SIP submittals also
demonstrates compliance with section
110(l) of the CAA, and further provides
basis for approval of these rules and
revisions. Pursuant to section 110(l) of
the CAA, the repeal and replace
included in the April 11, 2002, SIP
submittal provides for a broader
breadth, application, and stringency of
requirements related to fees than the
construction permit fees contained in
the previously approved SIP, which was
approved by EPA on September 26,
1997. Based on EPA’s evaluation of
these fee assessment provisions
submitted, EPA finds the submitted
repeal and replace of, and subsequent
revisions to, 20.2.75 NMAC establishing
fee requirements for permits is
consistent section 110(a)(2) of the CAA.
IV. Final Action
EPA is taking direct final action to
approve revisions to the New Mexico
SIP submitted on April 11, 2002, and
April 25, 2005. Specifically, EPA is
approving the repeal and replacement of
20.2.75 NMAC submitted on April 11,
2002, and subsequent revisions to
sections 20.2.75.5 NMAC, 20.2.75.7
NMAC, 20.2.75.10 NMAC, and
20.2.75.11 NMAC, submitted on April
25, 2005, establishing a revised permit
fee schedule to cover the reasonable
costs of the New Mexico construction
permit program.
EPA is not acting on other severable
portions of the April 11, 2002, and April
25, 2005, SIP submittals.11 Specifically,
11 By severable, we mean that the portions of the
SIP revisions that address fees can be implemented
independently of the remaining portions of the
submittal, without affecting the stringency of the
submitted rules. In addition, the remaining portions
of the submittal are not necessary for approval of
the provisions addressing fees.
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Jkt 226001
EPA is not taking action on the revisions
submitted on April 11, 2002, to 20.2.72
NMAC, Construction Permits; 20.2.73
NMAC, Notice of Intent and Emissions
Inventory Requirements; and 20.2.79
NMAC, Permits—Nonattainment Areas.
EPA is also not taking action on the
revisions submitted on April 25, 2005,
to 20.2.66 NMAC, Cotton Gins; 20.2.72
NMAC, Construction Permits; and
20.2.73 NMAC, Notice of Intent and
Emissions Inventory Requirements.
These revisions have been or will be
addressed by EPA in separate SIP
revision reviews and rule actions.
V. 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);
• 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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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 May 29, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposed 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 16, 2012.
Al Armendariz,
Regional Administrator, EPA Region 6.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
PART 52—[AMENDED]
§ 52.1620
Subpart GG—New Mexico
2. The first table in § 52.1620(c)
entitled ‘‘EPA Approved New Mexico
Regulations’’ is amended by revising the
entry for Part 75 to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED NEW MEXICO REGULATIONS
State citation
State
approval/
effective
date
Title/subject
EPA approval date
Comments
New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality
*
*
*
Part 75 ................................ Construction Permit
Fees.
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 2, 24, 30, 70, 90, 91, and
188
[Docket No. USCG–2011–0363]
RIN 1625–AB71
Seagoing Barges
Coast Guard, DHS.
Direct final rule; correction.
AGENCY:
The United States Coast
Guard published a direct final rule in
the Federal Register on December 14,
2011 (76 FR 77712) revising regulations
for the inspection and certification of
seagoing barges to align with the
language of the applicable statues. That
document inadvertently transposed the
titles of two tables in our amendatory
instructions. Additionally, the Coast
Guard is republishing the vessel
inspection tables that rule amends in
their entirety, so that the format of the
tables is consistent with current Federal
Register format requirements.
DATES: Effective April 12, 2012.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
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SUMMARY:
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*
*
3/29/2012 [Insert FR page
number where document begins]
*
[FR Doc. 2012–7561 Filed 3–28–12; 8:45 am]
ACTION:
12/1/2003
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*
*
email Lieutenant Doug Tindall, United
States Coast Guard; telephone (202)
372–1411, email Douglas.Tindall@uscg.
mil. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: The direct
final rule published December 14, 2011
(76 FR 77712) amends row 4, column 4
of Tables 2.01–7(a), 24.05–1(a), 30.01–
5(d), 70.05–1(a), 90.05–1(a), and 188.05–
1(a) as republished in this correcting
amendment. The Coast Guard is
republishing the tables so that the
format of the tables conforms to current
Federal Register requirements. This
correcting amendment makes no
substantive changes to the tables.
Additionally, this correcting
amendment corrects the amendatory
instructions of the direct final rule
wherein the titles of tables ‘‘24.05–1(a)’’
and ‘‘30.01–5(d)’’ were mistakenly
transposed as ‘‘24.01–5(a)’’ and ‘‘30.05–
1(d)’’ respectively.
List of Subjects
46 CFR Part 2
Marine safety, Reporting and
recordkeeping requirements, Vessels.
Fmt 4700
*
Penalties, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 70
Marine safety, Passenger vessels,
Reporting and recordkeeping
requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 188
Marine safety, Oceanographic
research vessels.
Accordingly, 46 CFR parts 2, 24, 30,
70, 90, and 188 are corrected by making
the following correcting amendments:
PART 2—VESSEL INSPECTIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333;
46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703;
46 U.S.C. Chapter 701; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1. Subpart 2.45 also issued under
the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2,
64 Stat. 1120 (see 46 U.S.C. App. Note prec.
1).
2. Revise Table 2.01–7(a) in § 2.01–
7(a) to read as follows:
46 CFR Part 30
Cargo vessels, Foreign relations,
Hazardous materials transportation,
Frm 00023
*
■
46 CFR Part 24
Marine safety.
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*
*
NOT in SIP: subsection (B) of 20.2.75.10 and
subsection (D) of 20.2.75.11.
References to 20.2.70, 20.2.71, 20.2.72.400–
20.2.72.499, 20.2.77, 20.2.78, 20.2.82, and
20.2.X are approved for Part 75 only; underlying and related regulations for referred
Parts NOT in SIP.
Sfmt 4700
§ 2.01–7 Classes of vessels (including
motorboats) examined or inspected and
certificated.
(a) * * *
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]]>Agencies
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18923-18929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7561]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-NM-0006; FRL-9654-2]
Approval and Promulgation of Implementation Plans; New Mexico;
Construction Permit Fees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking a direct final action to approve revisions which
repeal and replace existing rules, and revisions to the applicable
State Implementation Plan (SIP) for New Mexico submitted by the State
of New Mexico on April 11, 2002, and April 25, 2005, which relate to
construction permit fee requirement regulations. The repeal and replace
and SIP revisions
[[Page 18924]]
included in this action would address section 110(a)(2) Clean Air Act
(the Act or CAA) requirements related to fees for reviewing and acting
on specific air quality construction permit applications received by
the New Mexico Environment Department (NMED or Department) and for
implementing and enforcing the terms and conditions of the construction
permit, excluding any court costs or other costs associated with an
enforcement action. EPA has determined that these SIP revisions comply
with the Clean Air Act and EPA regulations and are consistent with EPA
policies. This action is being taken under section 110 of the Act.
DATES: This direct final rule is effective on May 29, 2012 without
further notice, unless EPA receives relevant adverse comment by April
30, 2012. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2005-NM-0006, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions for
submitting comments.
(2) Email: Ms. Ashley Mohr at mohr.ashley@epa.gov.
(3) Fax: Ms. Ashley Mohr, Air Permits Section (6PD-R), at fax
number 214-665-6762.
(4) Mail: Ms. Ashley Mohr, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(5) Hand or Courier Delivery: Ms. 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 8:30 a.m. and 4:30 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-
2005-NM-0006. 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 Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. 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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
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
the disclosure of which 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. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
New Mexico Environment Department, Air Quality Bureau, 1190 St.
Francis Drive, Santa Fe, New Mexico.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Ashley Mohr (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, 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. What action is EPA taking?
II. What did New Mexico submit?
A. April 11, 2002 Repeal and Replace SIP Revision Submittal
B. April 25, 2005 SIP Revision Submittal
III. 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?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
We are taking direct final action to approve revisions to the
applicable State Implementation Plan (SIP) for New Mexico submitted by
the State of New Mexico on April 11, 2002, and April 25, 2005, which
relate to construction permit fee requirement regulations. The April
11, 2002, SIP submittal repealed the existing construction permit fee
regulations and adopted replacement construction permit fees (hereafter
referred to as ``repeal and replace''), codified in 20.2.75 of the New
Mexico Administrative Code (NMAC). The April 25, 2005, SIP submittal
amended four sections of the repeal and replace: 20.2.75.5 NMAC,
20.2.75.7 NMAC, 20.2.75.10 NMAC, and 20.2.75.11 NMAC.
We provide the reasoning comprising our evaluation in general terms
in this rulemaking but provide a more detailed
[[Page 18925]]
evaluation and analysis in the Technical Support Document (TSD) that
has been prepared for this rulemaking. The repeal and replace submitted
on April 11, 2002, has been determined to be significantly different
from the existing version of 20.2.75 NMAC, Construction Permit Fees,
which was approved into the New Mexico SIP by EPA on September 26, 1997
(62 FR 50518). Therefore, a direct comparison to the approved New
Mexico SIP is impractical, and the technical review of the repeal and
replace will be evaluated for approval in this action and used as the
baseline SIP for evaluation of the April 25, 2005, revisions.
Our technical analysis of the April 11, 2002, repeal and replace
and the April 25, 2005, SIP rule revisions has found that the repeal
and replace as a baseline rule, and the subsequent revisions to this
rule are consistent with applicable provisions of section 110(a)(2) of
the CAA. Therefore, EPA is taking direct final action to approve the
fees SIP rules submitted on April 11, 2002, and April 25, 2005.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. As explained in our technical support document (TSD), we are
finding this action noncontroversial because the construction permit
fees program is an established permit fees program that New Mexico
developed with input from members of the regulated community and public
interest groups via a public participation process that was initiated
simultaneous to initial rule review and development. However, in the
proposed rules section of this Federal Register publication, we are
publishing a separate document that will serve as the proposal to
approve the SIP revision if relevant adverse comments are received.
This rule will be effective on May 29, 2012 without further notice
unless we receive relevant adverse comment by April 30, 2012. If we
receive relevant adverse comments, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. We will address all public comments in a subsequent final
rule based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
now. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
II. What did New Mexico submit?
A. April 11, 2002 Repeal and Replace SIP Revision Submittal
The Governor of New Mexico submitted on April 11, 2002, a repeal
and replacement of the existing version of 20.2.75 NMAC, Construction
Permit Fees, which was approved into the New Mexico SIP by EPA on
September 26, 1997. This submittal includes the following changes:
Repeal and replace of the following sections: 20.2.75.1
NMAC, Issuing Agency; 20.2.75.2 NMAC, Scope; 20.2.75.3 NMAC, Statutory
Authority; 20.2.75.4 NMAC, Duration; 20.2.75.5 NMAC, Effective Date;
20.2.75.6 NMAC, Objective; 20.2.75.7 NMAC, Definitions; 20.2.75.8 NMAC,
Amendment and Supersession of Prior Regulations; 20.2.75.9 NMAC,
Documents; 20.2.75.10 NMAC, Filing Fee; 20.2.75.11 NMAC, Permit Fee;
20.2.75.12 NMAC, Payment of Fees; and 20.2.75.13 NMAC, Periodic Review.
B. April 25, 2005 SIP Revision Submittal
The Governor of New Mexico submitted on April 25, 2005, a revision
to 20.2.75 NMAC, Construction Permit Fees. This submittal includes the
following changes:
Revisions to the following sections: 20.2.75.5 NMAC,
Effective Date; 20.2.75.7 NMAC, Definitions; 20.2.75.10 NMAC, Filing
Fee; and 20.2.75.11 NMAC, Permit Fee.
Table 1 summarizes the changes that are in the repeal and replace
submitted April 11, 2002, and the additional SIP revisions submitted
April 25, 2005. A summary of EPA's evaluation of each section and the
basis for this action is discussed in section III 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
----------------------------------------------------------------------------------------------------------------
Submittal
Section Title dates Description of change Final action
----------------------------------------------------------------------------------------------------------------
20.2.75 NMAC--Construction Permit Fees
----------------------------------------------------------------------------------------------------------------
Issuing Agency
----------------------------------------------------------------------------------------------------------------
20.2.75.1 NMAC................... Issuing Agency..... 4/11/2002 Repeal and replace: Approval.
Information about the
issuing agency.
----------------------------------------------------------------------------------------------------------------
Scope
----------------------------------------------------------------------------------------------------------------
20.2.75.2 NMAC................... Scope.............. 4/11/2002 Repeal and replace: Approval.
Scope of rule
applicability and
annual fee payment
requirements \1\.
----------------------------------------------------------------------------------------------------------------
Statutory Authority
----------------------------------------------------------------------------------------------------------------
20.2.75.3 NMAC................... Statutory Authority 4/11/2002 Repeal and replace: Fees Approval.
provisions adopted
pursuant to state
statutory authority.
----------------------------------------------------------------------------------------------------------------
Duration
----------------------------------------------------------------------------------------------------------------
20.2.75.4 NMAC................... Duration........... 4/11/2002 Repeal and replace: Approval.
Rules to be of
permanent duration.
----------------------------------------------------------------------------------------------------------------
Effective Date
----------------------------------------------------------------------------------------------------------------
20.2.75.5 NMAC................... Effective Date..... 4/11/2002 Repeal and replace: Approval.
Rules to be effective
March 2, 2001.
----------------------------------------------------------------------------------------------------------------
[[Page 18926]]
................... 4/25/2005 Section revised to Approval.
include the effective
date as March 2, 2001
except where a later
date is cited at the
end of a specific
section.
----------------------------------------------------------------------------------------------------------------
Objective
----------------------------------------------------------------------------------------------------------------
20.2.75.6 NMAC................... Objective.......... 4/11/2002 Repeal and replace: Approval.
Establishes objective
for fees rules.
----------------------------------------------------------------------------------------------------------------
Definitions
----------------------------------------------------------------------------------------------------------------
20.2.75.7 NMAC................... Definitions........ 4/11/2002 Repeal and Replace: Approval.
Provides definitions
for the following as
used in the fees rules:
``Air toxics review'',
\2\ ``Applicable
regulations''. \3\
``Fee unit'',\4\
``Fugitive Emissions
Fee Unit''.
``Revision'',\5\
``Small business'',\6\
``Technical review of
an existing permit''.
----------------------------------------------------------------------------------------------------------------
................... 4/25/2005 Section revised to Approval.
include the correction
of a typographical
error in the definition
of ``Fee unit''.
----------------------------------------------------------------------------------------------------------------
Amendment and Supersession of Prior Regulations
----------------------------------------------------------------------------------------------------------------
20.2.75.8 NMAC................... Amendment and 4/11/2002 Repeal and replace: Approval.
Supersession of Amendment and
Prior Regulations. supersession of AQCR
700 with Part 75.
----------------------------------------------------------------------------------------------------------------
Documents
----------------------------------------------------------------------------------------------------------------
20.2.75.9 NMAC................... Documents.......... 4/11/2002 Repeal and replace: Approval.
Documents cited may be
viewed at physical
location.
----------------------------------------------------------------------------------------------------------------
Filing Fee
----------------------------------------------------------------------------------------------------------------
20.2.75.10 NMAC.................. Filing Fee......... 4/11/2002 Repeal and replace: Approval.
Filing fees established
for construction permit
applications \7\.
----------------------------------------------------------------------------------------------------------------
................... 4/25/2005 Section revised to Approval.
include filing fee
requirements for filing
of a notice of intent.
----------------------------------------------------------------------------------------------------------------
Permit Fee
----------------------------------------------------------------------------------------------------------------
20.2.75.11 NMAC.................. Permit Fee......... 4/11/2002 Repeal and replace: Approval.
Complexity point-based
permit fee schedule and
annual fees established
for construction permit
applicants 8 9 10.
----------------------------------------------------------------------------------------------------------------
................... 4/25/2005 Section revised to Approval.
include complexity
points for portable
source relocation;
increase annual fee
amount; and establish
requirement to update
fee amounts annually
based on the Consumer
Price Index.
----------------------------------------------------------------------------------------------------------------
Payment of Fees
----------------------------------------------------------------------------------------------------------------
20.2.75.12 NMAC.................. Payment of Fees.... 4/11/2002 Repeal and replace: Approval.
Construction permit fee
payment requirements
for filing fees,
permits fees, and
annual fees.
----------------------------------------------------------------------------------------------------------------
Periodic Review
----------------------------------------------------------------------------------------------------------------
20.2.75.13 NMAC.................. Periodic Review.... 4/11/2002 Repeal and replace: Approval.
Construction permit
fees and construction
permit program costs
will be reviewed
annually.
----------------------------------------------------------------------------------------------------------------
\1\ The scope provisions submitted on April 11, 2002 as part of the repeal and replace references Operating
Permits (20.2.70 NMAC) and Operating Permit Emission Fees (20.2.71 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. Therefore, we are
approving the reference to Operating Permits and Operating Permit Emission Fees as part of the permit fee
schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not
evaluating or approving into the SIP the underlying and related regulations found in 20.2.70 NMAC and 20.2.71
NMAC through this rulemaking.
\2\ ``Air toxics review'' under the repeal and replace submitted April 11, 2002 references Air Toxics Review
(20.2.72.400 NMAC-20.2.72.499 NMAC), which is a permitting program and regulation separate from the fee rules
governed by 20.2.75 NMAC. The State Air Toxics program is subject to statutory and regulatory evaluation
beyond the statutory scope of this rulemaking. This action is limited to determining whether the New Mexico
fee SIP submittals meet the fee related requirements of section 110(a)(2). Therefore, we are approving the
reference to Air Toxics Review as part of the permit fee schedule for the purpose of compliance with the fee
related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP the underlying
and related regulations for Air Toxics Review through this rulemaking.
[[Page 18927]]
\3\ ``Applicable regulations'' under the repeal and replace submitted April 11, 2002 references Operating
Permits (20.2.70 NMAC), Operating Permit Emissions Fees (20.2.71 NMAC), New Source Performance Standards
(NSPS) (20.2.77 NMAC), Emission Standards for Hazardous Air Pollutants (NESHAP) (20.2.78 NMAC), and Maximum
Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants (MACT) (20.2.82
NMAC) (hereafter collectively referred to as Parts 70, 71, 77, 78, and 82), which are regulations separate
from the fee rules governed by 20.2.75 NMAC. The regulations included in Parts 70, 71, 77, 78, and 82 are
subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is
limited to determining whether the New Mexico fee SIP submittals meet the fee related requirements of section
110(a)(2). Therefore, we are approving the reference to these regulations as part of the permit fee schedule
for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not
evaluating or approving into the SIP the underlying and related regulations for Parts 70, 71, 77, 78, and 82
through this rulemaking.
\4\ ``Fee unit'' under the repeal and replace submitted April 11, 2002 references Exemptions (20.2.72.202 NMAC),
which are a permitting program and regulations separate from the fee rules governed by 20.2.75 NMAC. In this
rulemaking, we are approving only the reference to Exemptions as part of the fee schedule required by the
applicable requirements of section 110(a)(2). However, though we are approving these fee rules and the related
references for the purpose of compliance with the fee related requirements of section 110(a)(2), we are not
evaluating or approving into the SIP the underlying permitting program or regulations for Exemptions through
this rulemaking. New Mexico has submitted these Exemptions in a separate SIP submittal, and we will act upon
that submittal in a separate future rulemaking.
\5\ ``Revision'' under the repeal and replace submitted April 11, 2002 references Administrative Revisions as
used in 20.2.72 NMAC, which are regulations separate from the fee rules governed by 20.2.75 NMAC. In this
rulemaking, we are approving only the reference to Administrative Revisions as part of the fee schedule
required by the applicable requirements of section 110(a)(2). However, though we are approving these fee rules
and the related references for the purpose of compliance with the fee related requirements of section
110(a)(2), we are not evaluating or approving into the SIP the underlying regulations for Administrative
Revisions through this rulemaking. New Mexico has submitted the Administrative Revisions provisions in a
separate SIP submittal, and we will act upon that submittal in a separate future rulemaking.
\6\ ``Small business'' under the repeal and replace submitted April 11, 2002 references 20.2.70 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 must be done pursuant to CAA section 502 through 507 and 40 CFR part 70. Therefore, we are
approving the reference to Operating Permits as part of the permit fee schedule for the purpose of compliance
with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP
the underlying regulation found in 20.2.70 NMAC through this rulemaking.
\7\ The filing fee provisions submitted on April 11, 2002 as part of the repeal and replace includes filing fee
requirements in 20.2.75.10(B) NMAC for permit applications filed under the Accelerated Review permit
processing program (20.2.72.221 NMAC). New Mexico has withdrawn the provisions contained in 20.2.75.10(B) NMAC
from the April 11, 2002 submittal since the underlying Accelerated Review permit processing program is not
part of the New Mexico SIP.
\8\ The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace
includes permit fee requirements in 20.2.75.11(D) NMAC for permit applications filed under the Accelerated
Review permit processing program (20.2.72.221 NMAC). New Mexico has withdrawn the provisions contained in
20.2.75.11(D) NMAC from the April 11, 2002 submittal since the underlying Accelerated Review permit processing
program is not part of the New Mexico SIP.
\9\ The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace
includes allotment of points to Air Toxics Review (20.2.72.400 NMAC-20.7.72.499 NMAC), NSPS, and NESHAP/MACT
programs for the purpose of calculating a permit fee. Air Toxics Review, NSPS, and NESHAP/MACT programs are
subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is
limited to determining whether the New Mexico fee SIP submittals meet the fee related requirements of section
110(a)(2). Therefore, we are approving the references to Air Toxics Review, NSPS, and NESHAP/MACT programs as
part of the permit fee schedule for the purpose of compliance with the fee related requirements of section
110(a)(2), but we are not evaluating or approving into the SIP the underlying and related regulations for Air
Toxics Review, NSPS, and NESHAP/MACT programs through this rulemaking.
\10\ The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and
replace includes allotment of points to ``applicable regulations'' as represented by a generic catch-all
provision denoted 20.2.X NMAC. (20.2.X NMAC includes those regulations that are applicable to sources as
defined in 20.2.75.7(B)). 20.2.X NMAC includes regulations that are separate from the fee rules governed by
20.2.75 NMAC. The regulations, sources, and programs represented by 20.2.X NMAC and as defined by 20.2.75.7(B)
may be subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This
action is limited to determining whether the New Mexico fee SIP submittals meet the fee related requirements
of section 110(a)(2). Therefore, we are approving the reference to 20.2.X NMAC as part of the permit fee
schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not
evaluating or approving into the SIP the underlying and related regulations including in 20.2.X NMAC through
this rulemaking.
III. EPA's Evaluation
A. What are the requirements for EPA's review of a fees SIP submittal?
The New Mexico EIB adopted and the Governor of New Mexico submitted
the April 11, 2002, repeal and replace and the April 15, 2005, 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 April 11, 2002, and April 25,
2005, SIP submittals, we 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
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 NMED assesses fees when an owner or operator applies for a notice
of intent, a permit to construct or modify a source, or a revision to a
construction permit. Additionally, annual fees are assessed for sources
that have been issued a permit under 20.2.72 NMAC, Construction
Permits. These fees are used to cover the costs of NMED's construction
permit program, including permit review, issuance, and implementation
costs. New Mexico indicated in the April 11, 2002, and April 25, 2005,
SIP submittals that the repeal and replace and subsequent revisions to
the construction permit fee requirement regulation are necessary for
the Department to collect sufficient fees to cover the costs of the
construction permit program. The fee schedule adopted by New Mexico and
the fee rules and revisions further described and evaluated in this
action and TSD, evince a basis for EPA's approval that the submittals
meet the requirements of 110(a)(2).
The fee assessment provisions in 20.2.75 NMAC and submitted to EPA
are a portion of the regulatory scheme regulating NMED's construction
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 New Mexico EIB
[[Page 18928]]
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, the Prevention of Significant Deterioration Program,
and the Minor NSR program on September 5, 2007 (72 FR 50879), July 30,
2011 (76 FR 43149), September 26, 1997 (62 FR 50518) respectively.
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 previously approved programs, and thus approves the rules and
revisions as explained in Table 1.
Our evaluation of the April 11, 2002, and April 25, 2005, SIP
submittals also demonstrates compliance with section 110(l) of the CAA,
and further provides basis for approval of these rules and revisions.
Pursuant to section 110(l) of the CAA, the repeal and replace included
in the April 11, 2002, SIP submittal provides for a broader breadth,
application, and stringency of requirements related to fees than the
construction permit fees contained in the previously approved SIP,
which was approved by EPA on September 26, 1997. Based on EPA's
evaluation of these fee assessment provisions submitted, EPA finds the
submitted repeal and replace of, and subsequent revisions to, 20.2.75
NMAC establishing fee requirements for permits is consistent section
110(a)(2) of the CAA.
IV. Final Action
EPA is taking direct final action to approve revisions to the New
Mexico SIP submitted on April 11, 2002, and April 25, 2005.
Specifically, EPA is approving the repeal and replacement of 20.2.75
NMAC submitted on April 11, 2002, and subsequent revisions to sections
20.2.75.5 NMAC, 20.2.75.7 NMAC, 20.2.75.10 NMAC, and 20.2.75.11 NMAC,
submitted on April 25, 2005, establishing a revised permit fee schedule
to cover the reasonable costs of the New Mexico construction permit
program.
EPA is not acting on other severable portions of the April 11,
2002, and April 25, 2005, SIP submittals.\11\ Specifically, EPA is not
taking action on the revisions submitted on April 11, 2002, to 20.2.72
NMAC, Construction Permits; 20.2.73 NMAC, Notice of Intent and
Emissions Inventory Requirements; and 20.2.79 NMAC, Permits--
Nonattainment Areas. EPA is also not taking action on the revisions
submitted on April 25, 2005, to 20.2.66 NMAC, Cotton Gins; 20.2.72
NMAC, Construction Permits; and 20.2.73 NMAC, Notice of Intent and
Emissions Inventory Requirements. These revisions have been or will be
addressed by EPA in separate SIP revision reviews and rule actions.
---------------------------------------------------------------------------
\11\ By severable, we mean that the portions of the SIP
revisions that address fees can be implemented independently of the
remaining portions of the submittal, without affecting the
stringency of the submitted rules. In addition, the remaining
portions of the submittal are not necessary for approval of the
provisions addressing fees.
---------------------------------------------------------------------------
V. 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);
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 May 29, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 16, 2012.
Al Armendariz,
Regional Administrator, EPA Region 6.
40 CFR part 52 is amended as follows:
[[Page 18929]]
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 first table in Sec. 52.1620(c) entitled ``EPA Approved New
Mexico Regulations'' is amended by revising the entry for Part 75 to
read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved New Mexico Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Comments
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 75............................... Construction Permit Fees. 12/1/2003 3/29/2012 [Insert FR page number where NOT in SIP: subsection (B) of
document begins] 20.2.75.10 and subsection
(D) of 20.2.75.11.
References to 20.2.70,
20.2.71, 20.2.72.400-
20.2.72.499, 20.2.77,
20.2.78, 20.2.82, and 20.2.X
are approved for Part 75
only; underlying and related
regulations for referred
Parts NOT in SIP.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-7561 Filed 3-28-12; 8:45 am]
BILLING CODE 6560-50-P
