Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Transportation Conformity and General Conformity Requirements for Bernalillo County, 9097-9100 [2014-03434]
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Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Rules and Regulations
9097
TABLE 1 TO § 165.1191—Continued
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Date .................................................
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Last Saturday of July.
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Lover’s Point Park in approximate position 36°37′26″ N, 121°54′54″ W.
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[FR Doc. 2014–03468 Filed 2–14–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–1055; FRL–9906–65–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Transportation Conformity
and General Conformity Requirements
for Bernalillo County
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action approving State Implementation
Plan (SIP) revisions submitted by the
Governor of New Mexico on November
18, 2010, May 24, 2011 and October 11,
2012 on behalf of the AlbuquerqueBernalillo County Air Quality Control
Board (AQCB). These revisions serve to
incorporate recent changes to the
Federal Transportation Conformity and
General Conformity rules into the state
conformity SIP for Bernalillo County.
EPA is approving these revisions in
accordance with the requirements of the
Federal Clean Air Act (CAA).
DATES: This rule is effective on April 21,
2014 without further notice, unless EPA
receives relevant adverse comment by
March 20, 2014. 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 No. EPA–R06–
OAR–2010–1055, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions.
• Email: Michelle Peace at
peace.michelle@epa.gov.
• Mail or delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
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SUMMARY:
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(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2010–
1055. 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: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI). To inspect the
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hard copy materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
City of Albuquerque Environmental
Health Department, Air Quality
Division, Office of Air Quality, One
Civic Plaza Northwest, Albuquerque,
New Mexico 87103.
FOR FURTHER INFORMATION CONTACT:
Michelle Peace, telephone (214) 665–
7430, email peace.michelle@epa.gov.
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, fax number
214–665–7263.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What is transportation conformity?
II. What is general conformity?
III. What is the background for this action?
IV. What did the state submit and how did
we evaluate it?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is transportation conformity?
Transportation conformity is required
under section 176(c) of the Clean Air
Act to ensure that Federally supported
highway and transit projects are
consistent with (conform to) the
purpose of the approved SIP.
Conformity currently applies to areas
that are designated nonattainment, and
those areas redesignated to attainment
after 1990 (maintenance areas), with
plans developed under section 175A of
the Clean Air Act for the following
transportation related criteria
pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide
(CO), and nitrogen dioxide (NO2).
Conformity with the purpose of the SIP
means that transportation activities will
not cause new air quality violations,
worsen existing violations, or delay
timely attainment of the relevant
National Ambient Air Quality Standards
(NAAQS). The Federal transportation
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Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Rules and Regulations
conformity regulations are found in 40
CFR part 93 and provisions related to
conformity SIPs are found in 40 CFR
51.390.
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II. What is general conformity?
General conformity is also required
under section 176(c) of the Clean Air
Act to ensure that all other Federally
supported actions outside of highway
and transit projects are consistent with
the purpose of the approved SIP.
General conformity requirements
currently apply to the following criteria
pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide
(CO), and nitrogen dioxide (NO2), sulfur
dioxide (SO2) and Lead. The Federal
general conformity regulations are
found in 40 CFR part 93 and provisions
related to general conformity SIPs are
found in 40 CFR 51.851.
III. What is the background for this
action?
States adopt transportation
conformity SIPs to enable an area to
implement and enforce the Federal
transportation conformity requirements
per 40 CFR part 51 subpart T and 40
CFR part 93 subpart A. The AQCB
initially complied with this requirement
by submitting a SIP to EPA on December
19, 1994; we approved this SIP on
November 8, 1995 (60 FR 56241). Since
the November 8, 1995 approval, the
Governor of New Mexico has submitted
a number of revisions to the conformity
SIP. The most recent of these revisions
were submitted on November 18, 2010,
and October 11, 2012. The November
18, 2010 submittal consists of
amendments to 20.11.3 NMAC,
Transportation Conformity reflecting
federally promulgated changes that
affect PM 2.5 and PM 10 nonattainment
and maintenance areas (75 FR 14260).
The October 11, 2012 Transportation
Conformity submittal includes the
current transportation conformity rule
that reflects all transportation
conformity rulemakings promulgated by
EPA as of April 2012, including the
Restructuring Amendments final
rulemaking (77 FR 14979).
States adopt general conformity SIPs
to enable an area to implement and
enforce the Federal general conformity
requirements per 40 CFR part 51 subpart
W and 40 CFR part 93 subpart B. The
AQCB initially complied with this
requirement by submitting a SIP to EPA
on October 1, 2002 and approved by
EPA on December 30, 2004 (69 FR
78314). EPA promulgated amendments
to the Federal general conformity rule
on April 5, 2010 (75 FR 17254). AQCB’s
May 24, 2011 revision serves to update
Albuquerque’s regulations found in
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20.11.4 NMAC, General Conformity and
bring them in line with these most
recent changes to the Federal general
conformity rule. Because 40 CFR part
51, subpart W (§§ 51.850–51.860)
essentially duplicates the regulations
promulgated at 40 CFR part 93, subpart
B (§§ 93.150–93.160), EPA has deleted
all of subpart W except for § 51.851. In
the revision to § 51.851, EPA requires
that if a state or tribe submits a General
Conformity SIP or TIP that it be
consistent with the requirements of 40
CFR part 93, subpart B. The EPA added
paragraph (f) to 40 CFR 51.851 to allow
the states and tribes to develop their
own ‘‘presumed to conform’’ list for
actions covered by their conformity SIPs
or TIPs.’’ AQCB has not used this
provision to develop a ‘‘presumed to
conform’’ list for its conformity SIP.
IV. What did the state submit and how
did we evaluate it?
On November 18, 2010 and October
11, 2012, the Governor of New Mexico
submitted a revision to the Bernalillo
County, New Mexico State
Implementation Plan (SIP) for
Transportation Conformity purposes.
The November 18, 2010 SIP revision
consists of language to address the April
23, 2010 federal changes to address
PM2.5 and PM10 nonattainment areas.
The October 11, 2012 submittal
addresses EPA’s March 14, 2012
revisions to the Federal rule by
restructuring two sections of the
conformity rule, 20.11.3.109 NMAC (40
CFR 93.109) and 20.11.3.119 NMAC (40
CFR 93.119), so that the existing rule
requirements clearly apply to areas
designated for future new or revised
NAAQS.
On May 24, 2011, The Governor of
New Mexico submitted a revision to the
Bernalillo County SIP for General
Conformity purposes. The SIP revision
consists of language to address the April
5, 2010 federal changes to update and
streamline the general conformity
determination process.
The practice of the AQCB is to
incorporate federal language into its
local rules and customize such rules to
meet the standard required by the New
Mexico Administrative Code (NMAC)
style guidance, rather than to
incorporate by reference the federal
rules. This approach is consistent with
40 CFR 51 subparts T and W, which
allow a state’s conformity SIPs to
contain criteria and procedures more
stringent than the federal requirements.
EPA reviewed the sections of the NMAC
found in Tables 1 and 2 for consistency
with the Federal Regulations. We found
that the revised NMAC sections
accurately reflect the current content of
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corresponding sections of the Federal
transportation and general conformity
rules they are intended to address, as
well as adds specific language to further
clarify roles and responsibilities in the
Bernalillo County consultation process.
Table 1 highlights the sections of NMAC
Chapter 20 that were revised to address
EPA’s March 24, 2010 federal
transportation conformity rulemaking
(75 FR 14260). Table 2 highlights the
sections of NMAC Chapter 20 that were
revised to address EPA’s March 14, 2012
federal transportation conformity
rulemaking (77 FR 14979). Table 3
highlights the sections of NMAC
Chapter 20 that correspond to the
revisions to the federal general
conformity rules which became effective
on July 6, 2010. These NMAC revisions
are reflected in the AQCB’s May 24,
2011 submittal.
TABLE 1—NOVEMBER 18, 2010 REVISIONS TO NMAC CHAPTER 20,
TRANSPORTATION CONFORMITY, AND
CORRESPONDING SECTIONS OF 40
CFR PART 93
NMAC Ch. 20
20.11.3.2 ...............................
20.11.3.7 ...............................
20.11.3.103 ...........................
20.11.3.104 ...........................
20.11.3.105 ...........................
20.11.3.106 ...........................
20.11.3.107 ...........................
20.11.3.108 ...........................
20.11.3.109 ...........................
20.11.3.110 ...........................
20.11.3.111 ...........................
20.11.3.112 ...........................
20.11.3.113 ...........................
20.11.3.114 ...........................
20.11.3.115 ...........................
20.11.3.116 ...........................
20.11.3.117 ...........................
20.11.3.118 ...........................
20.11.3.119 ...........................
20.11.3.120 ...........................
20.11.3.121 ...........................
20.11.3.122 ...........................
20.11.3.123 ...........................
20.11.3.124 ...........................
20.11.3.125 ...........................
20.11.3.126 ...........................
20.11.3.127 ...........................
20.11.3.128 ...........................
20.11.3.129 ...........................
40 CFR 93
93.102
93.101
93.103
93.104
93.105
93.106
93.107
93.108
93.109
93.110
93.111
93.112
93.113
93.114
93.115
93.116
93.117
93.118
93.119
93.120
93.121
93.122
93.123
93.124
93.125
93.126
93.127
93.128
93.129
TABLE 2—OCTOBER 11, 2012 REVISIONS
TO
NMAC
CHAPTER
20,TRANSPORTATION CONFORMITY,
AND CORRESPONDING SECTIONS OF
40 CFR PART 93
NMAC Ch. 20
20.11.3.7 ...............................
20.11.3.109 ...........................
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40 CFR 93
93.101
93.109
Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Rules and Regulations
TABLE 2—OCTOBER 11, 2012 REVISIONS
TO
NMAC
CHAPTER
20,TRANSPORTATION CONFORMITY,
AND CORRESPONDING SECTIONS OF
40 CFR PART 93—Continued
NMAC Ch. 20
20.11.3.118 ...........................
20.11.3.119 ...........................
40 CFR 93
93.118
93.119
TABLE 3—MAY 24, 2011 REVISIONS
TO NMAC CHAPTER 20, GENERAL
CONFORMITY, AND CORRESPONDING
SECTIONS OF 40 CFR PART 93
NMAC Ch. 20
20.11.4.2 ...............................
20.11.4.6 ...............................
20.11.4.7 ...............................
20.11.4.9 ...............................
20.11.4.10 .............................
20.11.4.11 .............................
20.11.4.153 ...........................
20.11.4.154 ...........................
20.11.4.155 ...........................
20.11.4.156 ...........................
20.11.4.157 ...........................
20.11.4.158 ...........................
20.11.4.159 ...........................
20.11.4.160 ...........................
20.11.4.161 ...........................
20.11.4.162 ...........................
20.11.4.163 ...........................
20.11.4.164 ...........................
20.11.4.165 ...........................
40 CFR 93
93.150
93.100
93.152
93.104
93.105
93.106
93.153
93.154
93.155
93.156
93.157
93.158
93.159
93.160
93.161
93.162
93.163
93.164
93.165
The complete federal conformity rules
of 40 CFR part 93 and the complete
NMAC Chapter can be found at the
following Web sites: https://
www.gpoaccess.gov/cfr/ for
the federal rules and https://
www.nmcpr.state.nm.us/nmac/
index.htm for the local rules.
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V. Final Action
EPA is approving the Bernalillo
County SIP revisions for Transportation
Conformity, which were submitted on
November 18, 2010 and October 11,
2012. AQCB’s revisions amend rule
20.11.3 NMAC Transportation
Conformity by updating it to bring it
into compliance with the amended
Federal transportation conformity rule.
EPA is also approving AQCB’s revision
to the Albuquerque SIP submitted to
EPA on May 24, 2011. AQCB’s revision
amends rule 20.11.4 NMAC General
Conformity to update the general
conformity rule in its entirety to meet
state and federal requirements. We have
evaluated the State’s submittals and
have determined that they meet the
applicable requirements of the Clean Air
Act and EPA regulations, and are
consistent with EPA policy.
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EPA is publishing this rule without
prior proposal because we view this as
a non-controversial amendment and
anticipate no adverse comments.
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 April 21, 2014 without
further notice unless we receive adverse
comment by March 20, 2014. If we
receive 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.
VI. 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
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9099
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. section 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 rule 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. section 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 April 21, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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).)
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Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Regulations,’’ is amended by revising
the entries for Part 3 (20.11.3 NMAC),
Transportation Conformity, and Part 4
(20.11.4 NMAC), General Conformity to
read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1620
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
Dated: January 28, 2014.
Ron Curry,
Regional Administrator, Region 6.
2. In § 52.1620, the second table in
paragraph (c) entitled, ‘‘EPA Approved
Albuquerque/Bernalillo County, NM
■
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
*
(c) * * *
*
*
*
*
*
*
*
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
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
*
Part 3 ( 20.11.3
NMAC).
Part 4 (20.11.4
NMAC).
*
*
Transportation Conformity ............
General Conformity .......................
*
*
*
*
*
*
*
*
[FR Doc. 2014–03434 Filed 2–14–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. CDC–2014–0004; NIOSH–268]
42 CFR Part 88
RIN 0920–AA50
World Trade Center Health Program;
Amendments to List of WTC-Related
Health Conditions; Cancer; Revision
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Interim final rule.
AGENCY:
On September 12, 2012, the
Administrator of the WTC Health
Program (Administrator) published a
final rule in the Federal Register adding
certain types of cancer to the List of
World Trade Center (WTC)-Related
Health Conditions (List) in the WTC
Health Program regulations; an
additional final rule was published on
September 19, 2013 adding prostate
cancer to the List. Through the process
of implementing the addition of cancers
to the List and integrating cancer
coverage into the WTC Health Program,
the Administrator has identified the
need to amend the rule to remove the
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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*
11/18/2010;
10/11/2012
5/24/2011
Jkt 232001
*
2/18/2014 [Insert FR page number where document begins].
2/18/2014 [Insert FR page number where document begins].
*
ICD codes and specific cancer sub-sites,
clarify the definition of ‘‘childhood
cancers,’’ revise the definition of ‘‘rare
cancers,’’ and notify stakeholders that
the Administrator is revising WTC
Health Program policy related to
coverage of cancers of the brain and the
pancreas. No types of cancer covered by
the WTC Health Program will be
removed by this action; four types of
cancer—malignant neoplasms of the
brain, the cervix uteri, the pancreas, and
the testis—are newly eligible for
certification as WTC-related health
conditions as a result of this action.
DATES: This interim final rule will be
effective February 18, 2014. The
Administrator invites written comments
from interested parties on this interim
final rule. Comments must be received
by April 21, 2014.
ADDRESSES: Written Comments: You
may submit comments by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: NIOSH Docket Office, Robert
A. Taft Laboratories, MS–C34, 4676
Columbia Parkway, Cincinnati, OH
45226.
Instructions: All submissions received
must include the agency name (Centers
for Disease Control and Prevention,
HHS) and docket number (CDC–2014–
0004; NIOSH–268) or Regulation
Identifier Number (0920–AA50) for this
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*
*
*
*
*
rulemaking. All relevant comments,
including any personal information
provided, will be posted without change
to https://www.regulations.gov. For
detailed instructions on submitting
public comments, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents, go to
https://www.regulations.gov.
Paul
Middendorf, Senior Health Scientist,
1600 Clifton Rd. NE., MS: E–20, Atlanta,
GA 30329; telephone (404) 498–2500
(this is not a toll-free number); email
pmiddendorf@cdc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
This rule is organized as follows:
I. Executive Summary
A. Purpose of Regulatory Action
B. Summary of Major Provisions
C. Costs and Benefits
II. Public Participation
III. Background
A. WTC Health Program Statutory
Authority
B. Rulemaking History
C. Need for Rulemaking
1. Table 1
2. Childhood Cancers
3. Rare Cancers
4. Cancers of the Brain and the Pancreas
IV. Rare Cancers
A. STAC Recommendation
E:\FR\FM\18FER1.SGM
18FER1
]]>Agencies
[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Rules and Regulations]
[Pages 9097-9100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03434]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-1055; FRL-9906-65-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Transportation Conformity and General Conformity
Requirements for Bernalillo County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action approving State Implementation Plan (SIP) revisions
submitted by the Governor of New Mexico on November 18, 2010, May 24,
2011 and October 11, 2012 on behalf of the Albuquerque-Bernalillo
County Air Quality Control Board (AQCB). These revisions serve to
incorporate recent changes to the Federal Transportation Conformity and
General Conformity rules into the state conformity SIP for Bernalillo
County. EPA is approving these revisions in accordance with the
requirements of the Federal Clean Air Act (CAA).
DATES: This rule is effective on April 21, 2014 without further notice,
unless EPA receives relevant adverse comment by March 20, 2014. 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 No. EPA-R06-OAR-
2010-1055, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Michelle Peace at peace.michelle@epa.gov.
Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-1055. 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: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below or Mr. Bill Deese at 214-665-7253.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
City of Albuquerque Environmental Health Department, Air Quality
Division, Office of Air Quality, One Civic Plaza Northwest,
Albuquerque, New Mexico 87103.
FOR FURTHER INFORMATION CONTACT: Michelle Peace, telephone (214) 665-
7430, email peace.michelle@epa.gov. Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, fax
number 214-665-7263.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. What is transportation conformity?
II. What is general conformity?
III. What is the background for this action?
IV. What did the state submit and how did we evaluate it?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is transportation conformity?
Transportation conformity is required under section 176(c) of the
Clean Air Act to ensure that Federally supported highway and transit
projects are consistent with (conform to) the purpose of the approved
SIP. Conformity currently applies to areas that are designated
nonattainment, and those areas redesignated to attainment after 1990
(maintenance areas), with plans developed under section 175A of the
Clean Air Act for the following transportation related criteria
pollutants: Ozone, particulate matter (PM2.5 and
PM10), carbon monoxide (CO), and nitrogen dioxide
(NO2). Conformity with the purpose of the SIP means that
transportation activities will not cause new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
National Ambient Air Quality Standards (NAAQS). The Federal
transportation
[[Page 9098]]
conformity regulations are found in 40 CFR part 93 and provisions
related to conformity SIPs are found in 40 CFR 51.390.
II. What is general conformity?
General conformity is also required under section 176(c) of the
Clean Air Act to ensure that all other Federally supported actions
outside of highway and transit projects are consistent with the purpose
of the approved SIP. General conformity requirements currently apply to
the following criteria pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide (CO), and
nitrogen dioxide (NO2), sulfur dioxide (SO2) and
Lead. The Federal general conformity regulations are found in 40 CFR
part 93 and provisions related to general conformity SIPs are found in
40 CFR 51.851.
III. What is the background for this action?
States adopt transportation conformity SIPs to enable an area to
implement and enforce the Federal transportation conformity
requirements per 40 CFR part 51 subpart T and 40 CFR part 93 subpart A.
The AQCB initially complied with this requirement by submitting a SIP
to EPA on December 19, 1994; we approved this SIP on November 8, 1995
(60 FR 56241). Since the November 8, 1995 approval, the Governor of New
Mexico has submitted a number of revisions to the conformity SIP. The
most recent of these revisions were submitted on November 18, 2010, and
October 11, 2012. The November 18, 2010 submittal consists of
amendments to 20.11.3 NMAC, Transportation Conformity reflecting
federally promulgated changes that affect PM 2.5 and PM 10
nonattainment and maintenance areas (75 FR 14260). The October 11, 2012
Transportation Conformity submittal includes the current transportation
conformity rule that reflects all transportation conformity rulemakings
promulgated by EPA as of April 2012, including the Restructuring
Amendments final rulemaking (77 FR 14979).
States adopt general conformity SIPs to enable an area to implement
and enforce the Federal general conformity requirements per 40 CFR part
51 subpart W and 40 CFR part 93 subpart B. The AQCB initially complied
with this requirement by submitting a SIP to EPA on October 1, 2002 and
approved by EPA on December 30, 2004 (69 FR 78314). EPA promulgated
amendments to the Federal general conformity rule on April 5, 2010 (75
FR 17254). AQCB's May 24, 2011 revision serves to update Albuquerque's
regulations found in 20.11.4 NMAC, General Conformity and bring them in
line with these most recent changes to the Federal general conformity
rule. Because 40 CFR part 51, subpart W (Sec. Sec. 51.850-51.860)
essentially duplicates the regulations promulgated at 40 CFR part 93,
subpart B (Sec. Sec. 93.150-93.160), EPA has deleted all of subpart W
except for Sec. 51.851. In the revision to Sec. 51.851, EPA requires
that if a state or tribe submits a General Conformity SIP or TIP that
it be consistent with the requirements of 40 CFR part 93, subpart B.
The EPA added paragraph (f) to 40 CFR 51.851 to allow the states and
tribes to develop their own ``presumed to conform'' list for actions
covered by their conformity SIPs or TIPs.'' AQCB has not used this
provision to develop a ``presumed to conform'' list for its conformity
SIP.
IV. What did the state submit and how did we evaluate it?
On November 18, 2010 and October 11, 2012, the Governor of New
Mexico submitted a revision to the Bernalillo County, New Mexico State
Implementation Plan (SIP) for Transportation Conformity purposes. The
November 18, 2010 SIP revision consists of language to address the
April 23, 2010 federal changes to address PM2.5 and
PM10 nonattainment areas. The October 11, 2012 submittal
addresses EPA's March 14, 2012 revisions to the Federal rule by
restructuring two sections of the conformity rule, 20.11.3.109 NMAC (40
CFR 93.109) and 20.11.3.119 NMAC (40 CFR 93.119), so that the existing
rule requirements clearly apply to areas designated for future new or
revised NAAQS.
On May 24, 2011, The Governor of New Mexico submitted a revision to
the Bernalillo County SIP for General Conformity purposes. The SIP
revision consists of language to address the April 5, 2010 federal
changes to update and streamline the general conformity determination
process.
The practice of the AQCB is to incorporate federal language into
its local rules and customize such rules to meet the standard required
by the New Mexico Administrative Code (NMAC) style guidance, rather
than to incorporate by reference the federal rules. This approach is
consistent with 40 CFR 51 subparts T and W, which allow a state's
conformity SIPs to contain criteria and procedures more stringent than
the federal requirements. EPA reviewed the sections of the NMAC found
in Tables 1 and 2 for consistency with the Federal Regulations. We
found that the revised NMAC sections accurately reflect the current
content of corresponding sections of the Federal transportation and
general conformity rules they are intended to address, as well as adds
specific language to further clarify roles and responsibilities in the
Bernalillo County consultation process. Table 1 highlights the sections
of NMAC Chapter 20 that were revised to address EPA's March 24, 2010
federal transportation conformity rulemaking (75 FR 14260). Table 2
highlights the sections of NMAC Chapter 20 that were revised to address
EPA's March 14, 2012 federal transportation conformity rulemaking (77
FR 14979). Table 3 highlights the sections of NMAC Chapter 20 that
correspond to the revisions to the federal general conformity rules
which became effective on July 6, 2010. These NMAC revisions are
reflected in the AQCB's May 24, 2011 submittal.
Table 1--November 18, 2010 Revisions to NMAC Chapter 20, Transportation
Conformity, and Corresponding Sections of 40 CFR Part 93
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NMAC Ch. 20 40 CFR 93
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20.11.3.2............................................... 93.102
20.11.3.7............................................... 93.101
20.11.3.103............................................. 93.103
20.11.3.104............................................. 93.104
20.11.3.105............................................. 93.105
20.11.3.106............................................. 93.106
20.11.3.107............................................. 93.107
20.11.3.108............................................. 93.108
20.11.3.109............................................. 93.109
20.11.3.110............................................. 93.110
20.11.3.111............................................. 93.111
20.11.3.112............................................. 93.112
20.11.3.113............................................. 93.113
20.11.3.114............................................. 93.114
20.11.3.115............................................. 93.115
20.11.3.116............................................. 93.116
20.11.3.117............................................. 93.117
20.11.3.118............................................. 93.118
20.11.3.119............................................. 93.119
20.11.3.120............................................. 93.120
20.11.3.121............................................. 93.121
20.11.3.122............................................. 93.122
20.11.3.123............................................. 93.123
20.11.3.124............................................. 93.124
20.11.3.125............................................. 93.125
20.11.3.126............................................. 93.126
20.11.3.127............................................. 93.127
20.11.3.128............................................. 93.128
20.11.3.129............................................. 93.129
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Table 2--October 11, 2012 Revisions to NMAC Chapter 20, Transportation
Conformity, and Corresponding Sections of 40 CFR Part 93
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NMAC Ch. 20 40 CFR 93
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20.11.3.7............................................... 93.101
20.11.3.109............................................. 93.109
[[Page 9099]]
20.11.3.118............................................. 93.118
20.11.3.119............................................. 93.119
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Table 3--May 24, 2011 Revisions to NMAC Chapter 20, General Conformity,
and Corresponding Sections of 40 CFR Part 93
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NMAC Ch. 20 40 CFR 93
------------------------------------------------------------------------
20.11.4.2............................................... 93.150
20.11.4.6............................................... 93.100
20.11.4.7............................................... 93.152
20.11.4.9............................................... 93.104
20.11.4.10.............................................. 93.105
20.11.4.11.............................................. 93.106
20.11.4.153............................................. 93.153
20.11.4.154............................................. 93.154
20.11.4.155............................................. 93.155
20.11.4.156............................................. 93.156
20.11.4.157............................................. 93.157
20.11.4.158............................................. 93.158
20.11.4.159............................................. 93.159
20.11.4.160............................................. 93.160
20.11.4.161............................................. 93.161
20.11.4.162............................................. 93.162
20.11.4.163............................................. 93.163
20.11.4.164............................................. 93.164
20.11.4.165............................................. 93.165
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The complete federal conformity rules of 40 CFR part 93 and the
complete NMAC Chapter can be found at the following Web sites: https://www.gpoaccess.gov/cfr/ for the federal rules and https://www.nmcpr.state.nm.us/nmac/index.htm for the local rules.
V. Final Action
EPA is approving the Bernalillo County SIP revisions for
Transportation Conformity, which were submitted on November 18, 2010
and October 11, 2012. AQCB's revisions amend rule 20.11.3 NMAC
Transportation Conformity by updating it to bring it into compliance
with the amended Federal transportation conformity rule. EPA is also
approving AQCB's revision to the Albuquerque SIP submitted to EPA on
May 24, 2011. AQCB's revision amends rule 20.11.4 NMAC General
Conformity to update the general conformity rule in its entirety to
meet state and federal requirements. We have evaluated the State's
submittals and have determined that they meet the applicable
requirements of the Clean Air Act and EPA regulations, and are
consistent with EPA policy.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. 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 April 21, 2014
without further notice unless we receive adverse comment by March 20,
2014. If we receive 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.
VI. 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. section 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
rule 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.
section 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 April 21, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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).)
[[Page 9100]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 28, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.1620, the second table in paragraph (c) entitled, ``EPA
Approved Albuquerque/Bernalillo County, NM Regulations,'' is amended by
revising the entries for Part 3 (20.11.3 NMAC), Transportation
Conformity, and Part 4 (20.11.4 NMAC), General Conformity to read as
follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
* * * * *
EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 11--Albuquerque/Bernalillo County
Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 3 ( 20.11.3 NMAC)........... Transportation 11/18/2010; 10/ 2/18/2014 [Insert
Conformity. 11/2012 FR page number
where document
begins].
Part 4 (20.11.4 NMAC)............ General Conformity. 5/24/2011 2/18/2014 [Insert ...................
FR page number
where document
begins].
* * * * * * *
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* * * * *
[FR Doc. 2014-03434 Filed 2-14-14; 8:45 am]
BILLING CODE 6560-50-P
