Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County: Infrastructure and Interstate Transport Requirements for the 1997 and 2008 Ozone and the 1997 and 2006 PM2.5, 58032-58035 [2012-22975]
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EPA-APPROVED FLORIDA REGULATIONS—Continued
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Chapter 62–210
62–210.200 ...
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March 28, 2012
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2009–0648; FRL–9728–7]
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque/Bernalillo County:
Infrastructure and Interstate Transport
Requirements for the 1997 and 2008
Ozone and the 1997 and 2006 PM2.5
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving submittals
from the Governor of New Mexico for
the City of Albuquerque/Bernalillo
County area, pursuant to the Clean Air
Act (CAA or the Act). These submittals
address the infrastructure elements
specified in the CAA necessary to
implement, maintain, and enforce the
1997 and 2008 8-hour ozone and the
1997 and 2006 fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS or standards). We
find that the current Albuquerque/
Bernalillo County State Implementation
Plan (SIP) meets the infrastructure
elements for the 1997 and 2008 8-hour
ozone NAAQS and the 1997 and 2006
PM2.5 NAAQS. We also find that the
current Albuquerque/Bernalillo County
SIP meets the CAA requirement that
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SUMMARY:
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As of September 19, 2012, 61–210.200 does not
include Florida’s revision to adopt the PM2.5 SILs
threshold and provisions (as promulgated in the
October 20, 2010, PM2.5 PSD Increment-SILsSMC Rule at 40 CFR 52.21(k)(2)).
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September 19, 2012 [Insert citation of publication].
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As of September 19, 2012, 61–212.400 does not
include Florida’s revision to adopt the PM2.5 SILs
threshold and provisions (as promulgated in the
October 20, 2010, PM2.5 PSD Increment-SILsSMC Rule at 40 CFR 52.21(k)(2)).
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emissions from sources in the area do
not interfere with prevention of
significant deterioration (PSD) measures
required in the SIP of any other state,
with regard to the 1997 and 2008 ozone
and 1997 and 2006 PM2.5 NAAQS. EPA
is also approving SIP revisions that
modify the PSD SIP to include nitrogen
oxides (NOX) as an ozone precursor.
EPA is approving revisions to the
Albuquerque/Bernalillo County PSD SIP
that identify the PM2.5 precursors and
establish significant emission rates for
said precursors, consistent with the
federal requirements. We are also
approving other revisions to the
Albuquerque/Bernalillo County PSD SIP
to maintain consistency with the federal
PSD permitting requirements. In
addition to these revisions, EPA is
approving other revisions to the
Albuquerque/Bernalillo County SIP
necessary to implement the NAAQS.
DATES: This final rule is effective on
October 19, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2009–0648. All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
PO 00000
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Stationary Sources—Preconstruction Review
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[FR Doc. 2012–22976 Filed 9–18–12; 8:45 am]
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Stationary Sources—General Requirements
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Prevention of
Significant Deterioration.
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September 19, 2012 [Insert citation of publication].
Chapter 62–212
62–212.400 ...
Explanation
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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 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 fee of 15 cents per page 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 State submittal is also available
for public inspection during official
business hours, by appointment, at the
City of Albuquerque, Environmental
Health Department—Air Quality
Division, One Civic Plaza, Room 3047,
Albuquerque, New Mexico 87103,
telephone 505–768–1972, email address
aqd@cabq.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
John Walser, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–7128; fax number
214–665–6762; email address
walser.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. Background
a. Section 110(a)(1) and (2)
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b. PSD Requirements
c. Additional SIP Revisions
II. Final Action
III. Statutory and Executive Order Reviews
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I. Background
a. Section 110(a)(1) and (2)
The background for today’s action is
discussed in detail in our April 13, 2012
proposal (76 FR 22249). In that notice
we proposed to approve submittals from
Albuquerque/Bernalillo County that
address the infrastructure elements
specified in the CAA section 110(a)(2),
necessary to implement, maintain, and
enforce the 1997 and 2008 ozone and
the 1997 and 2006 PM2.5 standards.
Those submittals are dated May 24,
2006 and August 16, 2010. We proposed
to find that the following section
110(a)(2) elements are contained in the
current Albuquerque/Bernalillo County
SIP and provide the infrastructure for
implementing the 1997 and 2008 ozone
and the 1997 and 2006 PM2.5 standards:
emission limits and other control
measures (section 110(a)(2)(A)); ambient
air quality monitoring/data system
(section 110(a)(2)(B)); the program for
enforcement of control measures
(section 110(a)(2)(C)); international and
interstate pollution abatement (section
110(a)(2)(D)(ii)); adequate resources
(section 110(a)(2)(E)); stationary source
monitoring system (section 110(a)(2)(F));
emergency power (section 110(a)(2)(G));
future SIP revisions (section
110(a)(2)(H)); consultation with
government officials (section
110(a)(2)(J)); public notification (section
110(a)(2)(J)); PSD and visibility
protection (section 110(a)(2)(J)); air
quality modeling/data (section
110(a)(2)(K)); permitting fees (section
110(a)(2)(L)); and consultation/
participation by affected local entities
(section 110(a)(2)(M)).
In addition, we proposed to find that
Albuquerque/Bernalillo County has
adequately addressed one of the four
required elements (or prongs) of CAA
section 110(a)(2)(D)(i), the element
which requires that the SIP prohibit air
emissions from sources within a state
from interfering with measures required
to prevent significant deterioration of air
quality in any other state. We are
determining that emissions from sources
in Albuquerque/Bernalillo County do
not interfere with measures to prevent
significant deterioration of air quality in
any other state for the 1997 and 2008
ozone and the 1997 and 2006 PM2.5
NAAQS (CAA section
110(a)(2)(D)(i)(II)).
b. PSD Requirements
In conjunction with our proposed
finding that the Albuquerque/Bernalillo
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County SIP meets the section 110(a)(1)
and (2) infrastructure and interstate
transport SIP elements previously listed
for the four NAAQS, we proposed to
approve portions of two SIP revisions
submitted by the Governor of New
Mexico to EPA on May 24, 2006 and
August 16, 2010 to the Albuquerque
PSD Permitting Program at 20.11.61
NMAC. These revisions identify NOX as
a precursor to ozone, identify the
precursors for PM2.5 and the applicable
significant emission rates for PM2.5 PSD
permitting, and make other necessary
updates to maintain consistency with
the federal PSD permitting requirements
at 40 CFR 51.166 and 40 CFR Part 51,
Appendix W. EPA believes that these
PSD revisions, taken together with the
PSD SIP and the interstate transport SIP,
satisfies the PSD-related requirements of
110(a)(2)(C), 110(a)(2)(J), and the
element of section 110(a)(2)(D)(i) which
requires that the SIP prohibit air
emissions from sources within a state
from interfering with measures required
to prevent significant deterioration of air
quality in any other state.
c. Additional SIP Revisions
EPA also proposed to approve a
portion of a SIP revision submitted on
November 6, 2009 revising the
Albuquerque/Bernalillo County SIP for
Ambient Air Quality Standards,
codified at 20.11.8 NMAC (Part 8). The
substantive revisions submitted to Part
8 revise the local ambient air quality
standards to make them consistent with
the current NAAQS.
Our April 13, 2012 proposal provides
a detailed description of all relevant
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 May 14,
2012, and we did not receive any
adverse comments.
II. Final Action
We are approving the submittals
provided to demonstrate that the
Albuquerque/Bernalillo County SIP
meets the infrastructure elements for the
1997 and 2008 ozone and 1997 and
2006 PM2.5 NAAQS listed below:
Emission limits and other control measures
(110(a)(2)(A) of the Act);
Ambient air quality monitoring/data
system (110(a)(2)(B) of the Act);
Program for enforcement of control
measures (110(a)(2)(C) of the Act);
Interstate transport, pursuant to section
110(a)(2)(D)(ii) of the Act;
Adequate resources (110(a)(2)(E) of the
Act);
Stationary source monitoring system
(110(a)(2)(F) of the Act);
Emergency power (110(a)(2)(G) of the Act);
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Future SIP revisions (110(a)(2)(H) of the
Act);
Consultation with government officials
(110(a)(2)(J) of the Act);
Public notification (110(a)(2)(J) of the Act);
Prevention of significant deterioration and
visibility protection (110(a)(2)(J) of the Act);
Air quality modeling data (110(a)(2)(K) of
the Act);
Permitting fees (110(a)(2)(L) of the Act);
and
Consultation/participation by affected local
entities (110(a)(2)(M) of the Act).
We are approving the portion of the
Albuquerque/Bernalillo County SIP
revision submittal that addresses the
requirement of section 110(a)(2)(D)(i)(II)
of the Act that emissions from sources
in Albuquerque/Bernalillo County do
not interfere with measures required in
the SIP of any other state under part C
of the Act regarding PSD for the 1997
and 2008 8-hour ozone and 1997 and
2006 PM2.5 NAAQS.
We are approving Albuquerque/
Bernalillo County PSD SIP provisions to
20.11.61 NMAC submitted May 24, 2006
and August 16, 2010. These SIP
revisions address NOX as a precursor for
ozone, consistent with EPA’s November
29, 2005 Phase 2 rule for the 1997 ozone
NAAQS (70 FR 71612). These revisions
also identify the precursors for PM2.5
and significant emission rates necessary
for PM2.5 PSD permitting, consistent
with EPA’s 2008 PM2.5 NSR rule for the
1997 and 2006 PM2.5 NAAQS (73 FR
28321, May 16, 2008). Additionally, the
May 24, 2006 and August 16, 2010
submittals make numerous other
changes necessary to maintain
consistency with the federal PSD
permitting requirements. Specifically,
we are approving revisions to
20.11.61.7, 20.11.61.28, and 20.11.61.29
NMAC submitted on May 24, 2006. We
are also approving revisions to
20.11.61.1, 20.11.61.2, 20.11.61.7,
20.11.61.11, 20.11.61.12, 20.11.61.14,
20.11.61.15, 20.11.61.16, 20.11.61.17,
20.11.61.18, 20.11.61.19, 20.11.61.20,
20.11.61.21, 20.11.61.23, 20.11.61.24,
20.11.61.25, 20.11.61.26, 20.11.61.27,
20.11.61.28, 20.11.61.29, 20.11.61.30,
and 20.11.61.31 NMAC submitted on
August 16, 2010.
We are also approving SIP revisions
from November 6, 2009 pertaining to
updating Part 8 Ambient Air Quality
Standards (20.11.8 NMAC). EPA is
approving these revisions pursuant to
section 110 of the CAA. These revisions
improve the Albuquerque/Bernalillo
County SIP and update 20.11.8 NMAC
to add new standards and revise
existing NAAQS in 20.11.8 NMAC to be
consistent with 40 CFR Part 50—
National Primary and Secondary
Ambient Air Quality Standards.
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III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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 CAA. 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 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.
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 19, 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. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 5, 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
2. Amend § 52.1620 by:
a. Amending the second table in
paragraph (c) entitled ‘‘EPA-Approved
Albuquerque/Bernalillo County, NM
Regulations’’ as follows:
■ i. Revising the entry for Part 8 (20.11.8
NMAC) under the heading ‘‘New
Mexico Administrative Code (NMAC)
Title 20—Environment Protection,
Chapter 11—Albuquerque/Bernalillo
County Air Quality Control Board’’; and
■ ii. Revising the entry for Part 61
(20.11.61 NMAC) under the heading
‘‘New Mexico Administrative Code
(NMAC) Title 20—Environment
Protection, Chapter 11—Albuquerque/
Bernalillo County Air Quality Control
Board’’.
■ b. Amending the second table in
paragraph (e) entitled ‘‘EPA-Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico
SIP’’ by adding a new entry for
‘‘Infrastructure and Interstate Transport
for the 1997 and 2008 Ozone and the
1997 and 2006 PM2.5 NAAQS’’ at the
end of the table.
The additions and revisions read as
follows:
■
■
§ 52.1620
Identification of plan.
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EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
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State citation
State
approval/
effective date
Title/subject
EPA Approval date
Explanation
New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality
Control Board
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Part 8 (20.11.8
NMAC).
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8/19/2012, [Insert FR page number
where document begins].
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EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued
State citation
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Part 61 (20.11.61
NMAC).
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Prevention of Significant Deterioration ..
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(e) * * *
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State
approval/
effective date
Title/subject
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EPA Approval date
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8/19/2012, [Insert FR page number
where document begins].
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1/10/2011
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Explanation
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EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable
geographic or
nonattainment
area
State
submittal/
effective date
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Bernalillo County
8/16/2010
Name of SIP provision
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Infrastructure
and
Interstate
Transport regarding noninterference with other states’ programs for PSD for the 1997 and
2008 Ozone and the 1997 and
2006 PM2.5 NAAQS.
EPA approval date
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Explanation
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8/19/2012, [Insert FR page number where document begins].
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Approval for 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
3. Amend § 52.1634 by revising
paragraph (c) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.1634
quality.
40 CFR Part 82
■
Significant deterioration of air
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(c) The plan submitted by the
Governor in paragraph (a) of this section
for Prevention of Significant
Deterioration is not applicable to
Bernalillo County. Therefore, the
following plan described below is
applicable to sources located within the
boundaries of Bernalillo County
(including the City of Albuquerque).
This plan, submitted by the Governor of
New Mexico on April 14, 1989, August
7, 1989, May 1, 1990, May 17, 1993,
May 24, 2006, August 16, 2010, and
December 15, 2010 and respectively
adopted on March 8, 1989, July 12,
1989, April 11, 1990, February 10, 1993,
December 22, 2005, April 13, 2006, July
28, 2010, and December 10, 2010, by the
Albuquerque/Bernalillo County Air
Quality Control Board, containing Part
61—Prevention of Significant
Deterioration is approved as meeting the
requirements of part C of the Clean Air
Act for the prevention of significant
deterioration of air quality.
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[EPA–HQ–OAR–2011–0111; FRL–9729–5]
RIN–2060–AQ84
Protection of Stratospheric Ozone:
Listing of Substitutes for OzoneDepleting Substances—Fire
Suppression and Explosion Protection
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to list substitutes for ozonedepleting substances (ODSs) in the fire
suppression and explosion protection
sector as acceptable subject to use
restrictions under the EPA’s Significant
New Alternatives Policy program. This
program implements Section 612 of the
Clean Air Act, as amended in 1990,
which requires EPA to evaluate
substitutes for ozone-depleting
substances and find them acceptable
where they pose comparable or lower
overall risk to human health and the
environment than other available
substitutes.
SUMMARY:
This rule is effective on
December 18, 2012 without further
notice, unless EPA receives adverse
comment or receives a request for a
public hearing on or before October 19,
DATES:
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2012. If EPA receives adverse comment
or receives a request for a public
hearing, we will publish a timely
withdrawal in the Federal Register
informing the public that all or part of
this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2011–0111, by one of the
following methods:
• Email: a-and-r-Docket@epa.gov.
• Mail: OAR Docket and Information
Center, U.S. Environmental Protection
Agency, Mailcode 6102T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460. To expedite review, a second
copy of the comments should be sent to
Bella Maranion at the address listed
below under FOR FURTHER INFORMATION
CONTACT.
• Hand Delivery: Air and Radiation
Docket, EPA/DC, EPA West, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC 20004. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2011–
0111. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
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]]>Agencies
[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Rules and Regulations]
[Pages 58032-58035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22975]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2009-0648; FRL-9728-7]
Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County: Infrastructure and Interstate Transport
Requirements for the 1997 and 2008 Ozone and the 1997 and 2006 PM2.5
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving submittals from the Governor of New Mexico
for the City of Albuquerque/Bernalillo County area, pursuant to the
Clean Air Act (CAA or the Act). These submittals address the
infrastructure elements specified in the CAA necessary to implement,
maintain, and enforce the 1997 and 2008 8-hour ozone and the 1997 and
2006 fine particulate matter (PM2.5) national ambient air
quality standards (NAAQS or standards). We find that the current
Albuquerque/Bernalillo County State Implementation Plan (SIP) meets the
infrastructure elements for the 1997 and 2008 8-hour ozone NAAQS and
the 1997 and 2006 PM2.5 NAAQS. We also find that the current
Albuquerque/Bernalillo County SIP meets the CAA requirement that
emissions from sources in the area do not interfere with prevention of
significant deterioration (PSD) measures required in the SIP of any
other state, with regard to the 1997 and 2008 ozone and 1997 and 2006
PM2.5 NAAQS. EPA is also approving SIP revisions that modify
the PSD SIP to include nitrogen oxides (NOX) as an ozone
precursor. EPA is approving revisions to the Albuquerque/Bernalillo
County PSD SIP that identify the PM2.5 precursors and
establish significant emission rates for said precursors, consistent
with the federal requirements. We are also approving other revisions to
the Albuquerque/Bernalillo County PSD SIP to maintain consistency with
the federal PSD permitting requirements. In addition to these
revisions, EPA is approving other revisions to the Albuquerque/
Bernalillo County SIP necessary to implement the NAAQS.
DATES: This final rule is effective on October 19, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2009-0648. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a fee of
15 cents per page 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 State submittal is also available for public inspection during
official business hours, by appointment, at the City of Albuquerque,
Environmental Health Department--Air Quality Division, One Civic Plaza,
Room 3047, Albuquerque, New Mexico 87103, telephone 505-768-1972, email
address aqd@cabq.gov.
FOR FURTHER INFORMATION CONTACT: Mr. John Walser, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7128; fax number
214-665-6762; email address walser.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
a. Section 110(a)(1) and (2)
[[Page 58033]]
b. PSD Requirements
c. Additional SIP Revisions
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
a. Section 110(a)(1) and (2)
The background for today's action is discussed in detail in our
April 13, 2012 proposal (76 FR 22249). In that notice we proposed to
approve submittals from Albuquerque/Bernalillo County that address the
infrastructure elements specified in the CAA section 110(a)(2),
necessary to implement, maintain, and enforce the 1997 and 2008 ozone
and the 1997 and 2006 PM2.5 standards. Those submittals are
dated May 24, 2006 and August 16, 2010. We proposed to find that the
following section 110(a)(2) elements are contained in the current
Albuquerque/Bernalillo County SIP and provide the infrastructure for
implementing the 1997 and 2008 ozone and the 1997 and 2006
PM2.5 standards: emission limits and other control measures
(section 110(a)(2)(A)); ambient air quality monitoring/data system
(section 110(a)(2)(B)); the program for enforcement of control measures
(section 110(a)(2)(C)); international and interstate pollution
abatement (section 110(a)(2)(D)(ii)); adequate resources (section
110(a)(2)(E)); stationary source monitoring system (section
110(a)(2)(F)); emergency power (section 110(a)(2)(G)); future SIP
revisions (section 110(a)(2)(H)); consultation with government
officials (section 110(a)(2)(J)); public notification (section
110(a)(2)(J)); PSD and visibility protection (section 110(a)(2)(J));
air quality modeling/data (section 110(a)(2)(K)); permitting fees
(section 110(a)(2)(L)); and consultation/participation by affected
local entities (section 110(a)(2)(M)).
In addition, we proposed to find that Albuquerque/Bernalillo County
has adequately addressed one of the four required elements (or prongs)
of CAA section 110(a)(2)(D)(i), the element which requires that the SIP
prohibit air emissions from sources within a state from interfering
with measures required to prevent significant deterioration of air
quality in any other state. We are determining that emissions from
sources in Albuquerque/Bernalillo County do not interfere with measures
to prevent significant deterioration of air quality in any other state
for the 1997 and 2008 ozone and the 1997 and 2006 PM2.5
NAAQS (CAA section 110(a)(2)(D)(i)(II)).
b. PSD Requirements
In conjunction with our proposed finding that the Albuquerque/
Bernalillo County SIP meets the section 110(a)(1) and (2)
infrastructure and interstate transport SIP elements previously listed
for the four NAAQS, we proposed to approve portions of two SIP
revisions submitted by the Governor of New Mexico to EPA on May 24,
2006 and August 16, 2010 to the Albuquerque PSD Permitting Program at
20.11.61 NMAC. These revisions identify NOX as a precursor
to ozone, identify the precursors for PM2.5 and the
applicable significant emission rates for PM2.5 PSD
permitting, and make other necessary updates to maintain consistency
with the federal PSD permitting requirements at 40 CFR 51.166 and 40
CFR Part 51, Appendix W. EPA believes that these PSD revisions, taken
together with the PSD SIP and the interstate transport SIP, satisfies
the PSD-related requirements of 110(a)(2)(C), 110(a)(2)(J), and the
element of section 110(a)(2)(D)(i) which requires that the SIP prohibit
air emissions from sources within a state from interfering with
measures required to prevent significant deterioration of air quality
in any other state.
c. Additional SIP Revisions
EPA also proposed to approve a portion of a SIP revision submitted
on November 6, 2009 revising the Albuquerque/Bernalillo County SIP for
Ambient Air Quality Standards, codified at 20.11.8 NMAC (Part 8). The
substantive revisions submitted to Part 8 revise the local ambient air
quality standards to make them consistent with the current NAAQS.
Our April 13, 2012 proposal provides a detailed description of all
relevant 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 May 14, 2012, and we did not
receive any adverse comments.
II. Final Action
We are approving the submittals provided to demonstrate that the
Albuquerque/Bernalillo County SIP meets the infrastructure elements for
the 1997 and 2008 ozone and 1997 and 2006 PM2.5 NAAQS listed
below:
Emission limits and other control measures (110(a)(2)(A) of the
Act);
Ambient air quality monitoring/data system (110(a)(2)(B) of the
Act);
Program for enforcement of control measures (110(a)(2)(C) of the
Act);
Interstate transport, pursuant to section 110(a)(2)(D)(ii) of
the Act;
Adequate resources (110(a)(2)(E) of the Act);
Stationary source monitoring system (110(a)(2)(F) of the Act);
Emergency power (110(a)(2)(G) of the Act);
Future SIP revisions (110(a)(2)(H) of the Act);
Consultation with government officials (110(a)(2)(J) of the
Act);
Public notification (110(a)(2)(J) of the Act);
Prevention of significant deterioration and visibility
protection (110(a)(2)(J) of the Act);
Air quality modeling data (110(a)(2)(K) of the Act);
Permitting fees (110(a)(2)(L) of the Act); and
Consultation/participation by affected local entities
(110(a)(2)(M) of the Act).
We are approving the portion of the Albuquerque/Bernalillo County
SIP revision submittal that addresses the requirement of section
110(a)(2)(D)(i)(II) of the Act that emissions from sources in
Albuquerque/Bernalillo County do not interfere with measures required
in the SIP of any other state under part C of the Act regarding PSD for
the 1997 and 2008 8-hour ozone and 1997 and 2006 PM2.5
NAAQS.
We are approving Albuquerque/Bernalillo County PSD SIP provisions
to 20.11.61 NMAC submitted May 24, 2006 and August 16, 2010. These SIP
revisions address NOX as a precursor for ozone, consistent
with EPA's November 29, 2005 Phase 2 rule for the 1997 ozone NAAQS (70
FR 71612). These revisions also identify the precursors for
PM2.5 and significant emission rates necessary for
PM2.5 PSD permitting, consistent with EPA's 2008
PM2.5 NSR rule for the 1997 and 2006 PM2.5 NAAQS
(73 FR 28321, May 16, 2008). Additionally, the May 24, 2006 and August
16, 2010 submittals make numerous other changes necessary to maintain
consistency with the federal PSD permitting requirements. Specifically,
we are approving revisions to 20.11.61.7, 20.11.61.28, and 20.11.61.29
NMAC submitted on May 24, 2006. We are also approving revisions to
20.11.61.1, 20.11.61.2, 20.11.61.7, 20.11.61.11, 20.11.61.12,
20.11.61.14, 20.11.61.15, 20.11.61.16, 20.11.61.17, 20.11.61.18,
20.11.61.19, 20.11.61.20, 20.11.61.21, 20.11.61.23, 20.11.61.24,
20.11.61.25, 20.11.61.26, 20.11.61.27, 20.11.61.28, 20.11.61.29,
20.11.61.30, and 20.11.61.31 NMAC submitted on August 16, 2010.
We are also approving SIP revisions from November 6, 2009
pertaining to updating Part 8 Ambient Air Quality Standards (20.11.8
NMAC). EPA is approving these revisions pursuant to section 110 of the
CAA. These revisions improve the Albuquerque/Bernalillo County SIP and
update 20.11.8 NMAC to add new standards and revise existing NAAQS in
20.11.8 NMAC to be consistent with 40 CFR Part 50--National Primary and
Secondary Ambient Air Quality Standards.
[[Page 58034]]
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 CAA. 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 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.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 19, 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 5, 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
2. Amend Sec. 52.1620 by:
0
a. Amending the second table in paragraph (c) entitled ``EPA-Approved
Albuquerque/Bernalillo County, NM Regulations'' as follows:
0
i. Revising the entry for Part 8 (20.11.8 NMAC) under the heading ``New
Mexico Administrative Code (NMAC) Title 20--Environment Protection,
Chapter 11--Albuquerque/Bernalillo County Air Quality Control Board'';
and
0
ii. Revising the entry for Part 61 (20.11.61 NMAC) under the heading
``New Mexico Administrative Code (NMAC) Title 20--Environment
Protection, Chapter 11--Albuquerque/Bernalillo County Air Quality
Control Board''.
0
b. Amending the second table in paragraph (e) entitled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' by adding a new entry for ``Infrastructure and Interstate
Transport for the 1997 and 2008 Ozone and the 1997 and 2006
PM2.5 NAAQS'' at the end of the table.
The additions and revisions 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
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 8 (20.11.8 NMAC)......... Ambient Air Quality 8/12/2009 8/19/2012, [Insert FR
Standards. page number where
document begins].
[[Page 58035]]
* * * * * * *
Part 61 (20.11.61 NMAC)....... Prevention of 1/10/2011 8/19/2012, [Insert FR
Significant page number where
Deterioration. document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
* * * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State
Name of SIP provision nonattainment submittal/ EPA approval date Explanation
area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and Interstate Bernalillo County 8/16/2010 8/19/2012, [Insert FR Approval for
Transport regarding page number where 110(a)(2)(A), (B),
noninterference with other document begins]. (C), (D)(i)(II),
states' programs for PSD for (D)(ii), (E), (F),
the 1997 and 2008 Ozone and (G), (H), (J), (K),
the 1997 and 2006 PM2.5 NAAQS. (L), and (M).
----------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 52.1634 by revising paragraph (c) to read as follows:
Sec. 52.1634 Significant deterioration of air quality.
* * * * *
(c) The plan submitted by the Governor in paragraph (a) of this
section for Prevention of Significant Deterioration is not applicable
to Bernalillo County. Therefore, the following plan described below is
applicable to sources located within the boundaries of Bernalillo
County (including the City of Albuquerque). This plan, submitted by the
Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990,
May 17, 1993, May 24, 2006, August 16, 2010, and December 15, 2010 and
respectively adopted on March 8, 1989, July 12, 1989, April 11, 1990,
February 10, 1993, December 22, 2005, April 13, 2006, July 28, 2010,
and December 10, 2010, by the Albuquerque/Bernalillo County Air Quality
Control Board, containing Part 61--Prevention of Significant
Deterioration is approved as meeting the requirements of part C of the
Clean Air Act for the prevention of significant deterioration of air
quality.
[FR Doc. 2012-22975 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P
