Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Fees for Permits and Administrative Actions, 30900-30902 [2012-12497]
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30900
Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
TABLE 2 (33 CFR 165.171)—Continued
• Date: September 28, 2012. In 33 CFR 165.171, this event is listed
as occurring during the fourth weekend in September.
• Time: 8:00 p.m. to 10:30 p.m.
• Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in
approximate position: 43°08′56″ N, 070°49′52″ W (NAD 83).
This notice is issued under authority
of 33 CFR 100.120, 33 CFR 165.171, and
5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners and marine
information broadcasts. If the COTP
determines that the regulated area need
not be enforced for the full duration
stated in this notice, he or she may use
a Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: May 3, 2012.
B.S. Gilda,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Northern New
England.
[FR Doc. 2012–12562 Filed 5–23–12; 8:45 a.m.]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0154; FRL–9672–7]
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque/Bernalillo County; Fees
for Permits and Administrative Actions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving 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 approved today will
address 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
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SUMMARY:
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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
approving them into the SIP. This action
is being taken under section 110 of the
Act.
DATES: This final rule is effective on
June 25, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2007–0154. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air 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 Freedom of
Information Act Review Room between
the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Contact the person listed in the FOR
FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
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.
PO 00000
Frm 00024
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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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. This supplementary
information section is arranged as
follows:
I. What is the background for this action?
II. What final action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this
action?
The background for today’s action is
discussed in detail in our November 4,
2011, proposal (76 FR 68385). In that
notice, we proposed to approve four
submittals from the State of New
Mexico that apply in Bernalillo County,
pursuant to the CAA, that address the
fee requirements specified in the CAA
section 110(a)(2). Specifically, the SIP
revisions 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. New Mexico’s SIP
submittals are dated May 24, 2011,
September 7, 2004, February 2, 2007,
and December 15, 2010.
Our November 4, 2011, proposal
provides a detailed description of the
submittals and the rationale for EPA’s
proposed actions, together with a
discussion of the opportunity to
comment. The public comment period
for these actions closed on December 5,
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30901
Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
2011, and we did not receive any
comments.
II. What final action is EPA taking?
We are fully approving the New
Mexico SIP revisions submitted on May
24, 2011, September 7, 2004, February
2, 2007, and December 15, 2010, relating
to permitting fees to cover the cost of
reviewing, approving, implementing,
and enforcing a permit. This action is
being taken under section 110 of the
CAA.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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);
Title/subject
*
Part 2 (20.11.2 NMAC) ....
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State citation
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Fees .............
*
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16:02 May 23, 2012
• 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
State
approval/
effective date
*
1/10/2011
PO 00000
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: May 3, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
1. The second table in § 52.1620(c)
entitled ‘‘EPA Approved Albuquerque/
Bernalillo County, NM Regulations’’ is
amended as follows:
■ a. Removing the heading
‘‘Albuquerque/Bernalillo County, Air
Quality Control Regulations’’ and
removing the entry for Section 21,
Permit Fees; and
■ b. Adding a new entry for Part 2
(20.11.2 NMAC) in numerical order by
part number to read as follows:
■
§ 52.1620
*
Identification of plan.
*
*
(c) * * *
*
*
EPA Approved Albuquerque/Bernalillo
County, NM Regulations
EPA approval date
Explanation
*
5/24/2012 [Insert FR page
number where document begins].
*
*
*
NOT in SIP: references to Operating Permits
(20.11.42 NMAC) in subsection (A) of 20.11.2.2,
subsection (B) of 20.11.2.11, subsection (B) of
20.11.2.12, subsections (A) and (B) of 20.11.2.13,
and subsection (B) of 20.11.2.21.
*
Jkt 226001
appropriate circuit by July 23, 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).)
*
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30902
Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
0256, email address: hunt.jeff@epa.gov,
or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA. Information is organized as
follows:
[FR Doc. 2012–12497 Filed 5–23–12; 8:45 a.m.]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2012–0112; FRL–9674–2]
Partial Approval and Promulgation of
Implementation Plans; Washington:
Infrastructure Requirements for the
1997 8-Hour Ozone National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is partially approving the
State Implementation Plan (SIP)
submittal from the State of Washington
to demonstrate that the SIP meets the
requirements of section 110(a)(1) and (2)
of the Clean Air Act (CAA) for the
National Ambient Air Quality Standard
(NAAQS) promulgated for ozone on July
18, 1997. EPA finds that the current
Washington SIP meets the following
110(a)(2) infrastructure elements for the
1997 8-hour ozone NAAQS: (A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M), except for portions related to the
major source Prevention of Significant
Deterioration (PSD) permitting program
which is implemented under a Federal
Implementation Plan.
DATES: This action is effective on June
25, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2012–0112. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste and
Toxics (AWT–107), 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. EPA
requests that you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt at telephone number: (206) 553–
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SUMMARY:
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Table of Contents
I. Background
II. Scope of Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated a
new NAAQS for ozone. EPA revised the
ozone NAAQS to provide an 8-hour
averaging period which replaced the
previous 1-hour averaging period, and
the level of the NAAQS was changed
from 0.12 parts per million (ppm) to
0.08 ppm (62 FR 38856). The CAA
requires SIPs meeting the requirements
of sections 110(a)(1) and (2) be
submitted by states within 3 years after
promulgation of a new or revised
standard. Sections 110(a)(1) and (2)
require states to address basic SIP
requirements, including emissions
inventories, monitoring, and modeling
to assure attainment and maintenance of
the standards, so-called ’’infrastructure’’
requirements. To help states meet this
statutory requirement for the 1997 8hour ozone NAAQS, EPA issued
guidance to address infrastructure SIP
elements under section 110(a)(1) and
(2).1 In the case of the 1997 8-hour
ozone NAAQS, states typically have met
the basic program elements required in
section 110(a)(2) through earlier SIP
submissions in connection with
previous ozone standards. The State of
Washington submitted a certification to
EPA on January 24, 2012, certifying that
Washington’s SIP meets the
infrastructure obligations for the 1997 8hour ozone NAAQS. The certification
included an analysis of Washington’s
SIP as it relates to each section of the
infrastructure requirements with regard
to the 1997 8-hour ozone NAAQS. On
March 6, 2012, EPA published a notice
of proposed rulemaking (NPR) for the
State of Washington (77 FR 13238) to
partially approve the state’s
infrastructure SIP for the 1997 ozone
NAAQS. Specifically in the NPR, EPA
proposed approval of Washington’s SIP
as meeting the requirements for the
following 110(a)(2) infrastructure
1 William T. Harnett, Director, Air Quality Policy
Division, Office of Air Quality Planning and
Standards. ‘‘Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM2.5 National Ambient Air Quality
Standards.’’ Memorandum to EPA Air Division
Directors, Regions I–X, October 2, 2007.
PO 00000
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Fmt 4700
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elements for the 1997 8-hour ozone
NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M), except for
portions related to the major source
Prevention of Significant Deterioration
(PSD) permitting program which is
implemented under a Federal
Implementation Plan codified at 40 CFR
52.2497. Also, as discussed in the NPR,
this action does not address
110(a)(2)(D)(i) and 110(a)(2)(I). The
public comment period for EPA’s NPR
closed on April 5, 2012. EPA received
no comments on the proposed action.
Accordingly, EPA is taking final action
to approve the provisions as discussed
in the NPR.
II. Scope of Action
This partial SIP approval does not
extend to sources or activities located in
’’Indian Country’’ as defined in 18
U.S.C. 1151.2 Consistent with previous
Federal program approvals or
delegations, EPA will continue to
implement the Act in Indian Country
because Washington did not adequately
demonstrate authority over sources and
activities located within the exterior
boundaries of Indian reservations and
other areas of Indian Country. The one
exception is within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area. Therefore, EPA’s proposed SIP
approval applies to sources and
activities on nontrust lands within the
1873 Survey Area.
III. Final Action
EPA is approving the January 24,
2012, SIP submittal from the State of
Washington to demonstrate that the SIP
meets the requirements of section
110(a)(1) and (2) of the CAA for the
NAAQS promulgated for ozone on July
18, 1997. EPA is approving the
following section 110(a)(2)
infrastructure elements for Washington
2 ’’Indian country’’ is defined under 18 U.S.C.
1151 as: (1) All land within the limits of any Indian
reservation under the jurisdiction of the United
States Government, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation, (2) all dependent Indian
communities within the borders of the United
States, whether within the original or subsequently
acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian
allotments, the Indian titles to which have not been
extinguished, including rights-of-way running
through the same. Under this definition, EPA treats
as reservations trust lands validly set aside for the
use of a Tribe even if the trust lands have not been
formally designated as a reservation.
E:\FR\FM\24MYR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30900-30902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12497]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0154; FRL-9672-7]
Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County; Fees for Permits and Administrative
Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving 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
approved today will address 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 approving them into the SIP. This action
is being taken under section 110 of the Act.
DATES: This final rule is effective on June 25, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2007-0154. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the Air 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 Freedom
of Information Act Review Room between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese
at 214-665-7253 to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
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 whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
I. What is the background for this action?
II. What final action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for this action?
The background for today's action is discussed in detail in our
November 4, 2011, proposal (76 FR 68385). In that notice, we proposed
to approve four submittals from the State of New Mexico that apply in
Bernalillo County, pursuant to the CAA, that address the fee
requirements specified in the CAA section 110(a)(2). Specifically, the
SIP revisions 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. New Mexico's SIP submittals are dated May 24, 2011, September 7,
2004, February 2, 2007, and December 15, 2010.
Our November 4, 2011, proposal provides a detailed description of
the submittals and the rationale for EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for these actions closed on December 5,
[[Page 30901]]
2011, and we did not receive any comments.
II. What final action is EPA taking?
We are fully approving the New Mexico SIP revisions submitted on
May 24, 2011, September 7, 2004, February 2, 2007, and December 15,
2010, relating to permitting fees to cover the cost of reviewing,
approving, implementing, and enforcing a permit. This action is being
taken under section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 July 23, 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: May 3, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
1. The second table in Sec. 52.1620(c) entitled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' is amended as follows:
0
a. Removing the heading ``Albuquerque/Bernalillo County, Air Quality
Control Regulations'' and removing the entry for Section 21, Permit
Fees; and
0
b. Adding a new entry for Part 2 (20.11.2 NMAC) in numerical order by
part number to read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject approval/ EPA approval date Explanation
effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 2 (20.11.2 NMAC).......... Fees............... 1/10/2011 5/24/2012 [Insert NOT in SIP: references
FR page number to Operating Permits
where document (20.11.42 NMAC) in
begins]. subsection (A) of
20.11.2.2, subsection
(B) of 20.11.2.11,
subsection (B) of
20.11.2.12,
subsections (A) and
(B) of 20.11.2.13,
and subsection (B) of
20.11.2.21.
* * * * * * *
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[FR Doc. 2012-12497 Filed 5-23-12; 8:45 a.m.]
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