Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Transportation Conformity and General Conformity Requirements for Bernalillo County, 9133-9134 [2014-03439]
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emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Proposed Rules
Texas is subject to the FIP for PSD
permitting of GHG emissions. This GHG
PSD FIP remains in place and EPA
remains the PSD permitting authority
for GHG-emitting sources in Texas until
EPA finalizes our proposed approval of
the October 23, 2013, proposed
revisions submitted for parallel
processing on December 2, 2013, to the
Texas SIP. Therefore, we propose that
upon finalization of today’s action, EPA
will rescind the GHG PSD FIP for Texas
at 40 CFR 52.2305(a) and (b). However,
as detailed in Sections IV.B.1–3 and our
transition process, there are three
limited possibilities for retained
authority. First, EPA will retain GHG
PSD permitting authority for any
pending permit applications where the
permit applicant has submitted a
written request to remain with EPA for
permit issuance. Second, EPA will
retain GHG PSD permitting authority for
any pending permit application where
the applicant has not submitted a
written request regarding permit
authority, and EPA has made a
proposed determination through a
public noticed draft permit upon the
signature date of EPA’s rescission of the
GHG PSD FIP. EPA does not intend to
retain any other authority over pending
permit applications. Note, even for
those cases where EPA announces it
will retain permitting authority over an
application, this authority will cease
upon an applicant’s written request to
EPA withdrawing the pending permit
application before a final determination
is made. Finally, EPA will retain GHG
PSD permitting authority for any issued
permit for which either the time for
filing an administrative appeal has not
expired or all administrative and
judicial appeals processes have not been
completed by the signature date of
EPA’s final action to approve TCEQ’s
SIP submittal. Texas is also subject to
the FIP for PSD permitting for any other
pollutants that become newly subject to
regulation under the CAA after January
2, 2011. We propose to find that the
TCEQ has provided necessary and
adequate assurances that the Texas PSD
program will be revised in the future to
address pollutants that become newly
regulated under the CAA after January
2, 2011, and that the TCEQ has the
adequate authority under State law to
regulate the new PSD pollutants.
Therefore, we propose that upon
finalization of today’s action, EPA will
rescind the PSD FIP for Newly
Regulated Pollutants for Texas at 40
CFR 52.2305(c).
EPA is severing and taking no action
on the remainder of the October 5, 2010,
SIP submittal for the adoption and
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16:22 Feb 14, 2014
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implementation of the Texas Minor NSR
Qualified Facilities Program. EPA is also
severing and taking no action on the
portions of the December 2, 2013,
submittal concerning biomass GHG
emissions at 30 TAC Section
116.12(7)(B). The DC Circuit Court
issued an order to vacate EPA’s Biomass
Deferral Rule on July 12, 2013.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Clean Air Act and applicable Federal
regulations. 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
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
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9133
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, and incorporation by
reference.
Dated: February 4, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014–03429 Filed 2–14–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–1055; FRL–9906–64–
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: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the New Mexico State
Implementation Plan (SIP) at New
Mexico Administrative Code 20.11.3
and 20.11.4, concerning transportation
conformity and general conformity rules
for Bernalillo County, New Mexico. The
plan revision is intended to ensure
consistency with amendments to the
federal Transportation Conformity Rule
and the federal General Conformity
Rule. These plan revisions meet
statutory and regulatory requirements,
and are consistent with EPA’s guidance.
DATES: Written comments should be
received on or before March 20, 2014.
ADDRESSES: Please see the related direct
final rule, which is located in the ‘‘Rules
and Regulations’’ section of this Federal
Register, for detailed instructions on
how to submit comments.
FOR FURTHER INFORMATION CONTACT:
Michelle Peace, Facility Assessment
Section (6PD–A), Environmental
SUMMARY:
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Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Proposed Rules
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733, telephone 214–665–7430; fax
number 214–665–7263; email address
peace.michelle@epa.gov.
SUPPLEMENTARY INFORMATION:
Why is EPA issuing this proposed rule?
This document proposes to take
action on SIP revisions submitted by the
Governor of New Mexico on behalf of
the Albuquerque Bernalillo County Air
Quality, Environmental Health
Department on November 18, 2010, May
24, 2011, and October 11, 2012. We
have published a direct final rule
approving the State’s SIP revisions in
the ‘‘Rules and Regulations’’ section of
this Federal Register because we view
this as a noncontroversial action and
anticipate no adverse comment. We
have explained our reasons for this
action in the preamble to the direct final
rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will withdraw the direct
final rule and it will not take effect. We
would address all public comments in
any subsequent final rule based upon
this proposed rule.
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the information
provided in the ADDRESSES section of
this document.
Dated: January 28, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014–03439 Filed 2–14–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
emcdonald on DSK67QTVN1PROD with PROPOSALS
[EPA–R05–OAR–2012–0464; FRL–9906–41–
Region–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Redesignation of the
Milwaukee-Racine 2006 24-Hour Fine
Particle Nonattainment Area to
Attainment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On June 8, 2012, the State of
Wisconsin, through the Wisconsin
Department of Natural Resources
(WDNR) submitted a request for the
SUMMARY:
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Environmental Protection Agency (EPA)
to redesignate the Milwaukee-Racine
fine particle (PM2.5) nonattainment area
(‘‘Milwaukee-Racine Area’’ or ‘‘Area’’)
to attainment for the 2006 24-hour PM2.5
National Ambient Air Quality Standard
(NAAQS), and to approve a state
implementation plan (SIP) revision
containing a maintenance plan for the
Area. The Milwaukee-Racine Area is
comprised of Milwaukee, Racine and
Waukesha Counties. EPA is proposing
to grant the state’s request to redesignate
the Area to attainment for the 2006 24hour PM2.5 NAAQS. EPA’s proposed
approval involves several additional
related actions. EPA is proposing to
approve the state’s plan for maintaining
the 2006 24-hour PM2.5 NAAQS through
2025. EPA is proposing to approve the
ammonia, volatile organic compounds
(VOC), nitrogen oxides (NOX), direct
PM2.5, and sulfur dioxide (SO2)
inventories submitted by the state as
meeting the comprehensive emissions
inventory requirement of the Clean Air
Act (CAA). Finally, EPA finds adequate
and is proposing to approve Wisconsin’s
NOX, direct PM2.5, SO2, and VOC motor
vehicle emission budgets (MVEBs) for
2020 and 2025 for the Milwaukee Area.
EPA is also addressing a number of
additional issues, including the effects
of two decisions of the United States
Court of Appeals for the District of
Columbia (D.C. Circuit or Court): The
Court’s August 21, 2012, decision to
vacate and remand to EPA the CrossState Air Pollution Rule (CSAPR); and
the Court’s January 4, 2013, decision to
remand two final rules implementing
the 1997 annual PM2.5 standard.
DATES: Comments must be received on
or before March 20, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0464, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
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should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0464. 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
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means 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 www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: 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 Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Gilberto
Alvarez, Environmental Scientist, at
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]]>Agencies
[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Proposed Rules]
[Pages 9133-9134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03439]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-1055; FRL-9906-64-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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the New Mexico State Implementation Plan (SIP) at
New Mexico Administrative Code 20.11.3 and 20.11.4, concerning
transportation conformity and general conformity rules for Bernalillo
County, New Mexico. The plan revision is intended to ensure consistency
with amendments to the federal Transportation Conformity Rule and the
federal General Conformity Rule. These plan revisions meet statutory
and regulatory requirements, and are consistent with EPA's guidance.
DATES: Written comments should be received on or before March 20, 2014.
ADDRESSES: Please see the related direct final rule, which is located
in the ``Rules and Regulations'' section of this Federal Register, for
detailed instructions on how to submit comments.
FOR FURTHER INFORMATION CONTACT: Michelle Peace, Facility Assessment
Section (6PD-A), Environmental
[[Page 9134]]
Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas
75202-2733, telephone 214-665-7430; fax number 214-665-7263; email
address peace.michelle@epa.gov.
SUPPLEMENTARY INFORMATION:
Why is EPA issuing this proposed rule?
This document proposes to take action on SIP revisions submitted by
the Governor of New Mexico on behalf of the Albuquerque Bernalillo
County Air Quality, Environmental Health Department on November 18,
2010, May 24, 2011, and October 11, 2012. We have published a direct
final rule approving the State's SIP revisions in the ``Rules and
Regulations'' section of this Federal Register because we view this as
a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based upon this proposed
rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
Dated: January 28, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-03439 Filed 2-14-14; 8:45 am]
BILLING CODE 6560-50-P
