Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Revisions to Emissions Inventory Requirements, and General Provisions, 5471-5475 [2015-01792]
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Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations
chemical substance identified
generically as heterocyclic amine
potassium salt (PMN P–14–544) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80 (j)(a significant
new use is any use other than the
confidential use stated in the PMN) and
(s).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in § 721.125
(a), (b), (c), and (i) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
22. Add § 721.10811 to subpart E to
read as follows:
■
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§ 721.10811 Heterocyclic amine
substituted acrylamide (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as heterocyclic amine
substituted acrylamide (PMN P–14–618)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Release to water. Requirements as
specified in § 721.90 (a)(4), (b)(4), and
(c)(4) (N=23).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in § 721.125
(a), (b), (c), and (k) are applicable to
manufacturers and processors of this
substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
[FR Doc. 2015–01721 Filed 1–30–15; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0636; FRL–9922–25–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Albuquerque/Bernalillo
County; Revisions to Emissions
Inventory Requirements, and General
Provisions
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Albuquerque/Bernalillo County,
New Mexico State Implementation Plan
(SIP). These revisions add definitions
and clarifying changes to the general
provisions and add a new emissions
inventory regulation that establishes
reporting requirements for stationary
sources in Albuquerque/Bernalillo
County. The EPA is approving these
revisions pursuant to section 110 of the
Clean Air Act (CAA).
DATES: This rule will be effective on
April 3, 2015 without further notice
unless EPA receives relevant adverse
comments by March 4, 2015. If EPA
receives such comments, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2008–0636, by one of the
following methods:
• www.regulations.gov. Follow the
online instructions.
• Email: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• 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–2008–
0636. 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 through
www.regulations.gov or email,
SUMMARY:
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information that you consider to be CBI
or otherwise protected. 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 information
about EPA’s public docket visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index 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.
FOR FURTHER INFORMATION CONTACT:
Mr.
John Walser (6PD–L), Air Planning
Section, telephone (214) 665–7128,
email: walser.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. Background
A. What is a SIP?
B. What are Emissions Inventories?
II. Overview of the State Submittals
A. May 6, 2008 Submittal
B. November 6, 2009 Submittals
C. December 15, 2010 Submittal
D. October 18, 2012 Submittal
III. EPA’s Evaluation of the Submittals
IV. Final Action
V. Statutory and Executive Order Reviews
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I. Background
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A. What is a SIP?
Section 110 of the CAA requires states
to develop air pollution regulations and
control strategies to ensure that air
quality meets the National Ambient Air
Quality Standards (NAAQS) established
by EPA. The NAAQS are established
under section 109 of the CAA and
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. A SIP is a set of air
pollution regulations, control strategies,
other means or techniques, and
technical analyses developed by the
state, to ensure that air quality in the
state meets the NAAQS. It is required by
section 110 and other provisions of the
CAA. A SIP protects air quality
primarily by addressing air pollution at
its point of origin. SIPs can be extensive,
containing state regulations or other
enforceable documents, and supporting
information such as emissions
inventories, monitoring networks, and
modeling demonstrations. Each state
must submit any SIP revision to EPA for
approval and incorporation into the
federally-enforceable SIP.
The New Mexico SIP includes a
variety of control strategies, including
the regulations that outline general
provisions applicable to Albuquerque/
Bernalillo County Air Quality Control
Board (AQCB) regulations and
emissions inventory requirements.
B. What are Emissions Inventories?
Emissions inventories are surveys of
actual and/or allowable emissions of air
pollutants in an area. They are critical
for the efforts of state, local, and federal
agencies to attain and maintain the
NAAQS that EPA has established for
criteria pollutants such as ozone,
particulate matter, and carbon
monoxide. EPA issued the consolidated
emissions reporting rule on June 10,
2002 (67 FR 39602). The rule can be
found at 40 CFR part 51 Subpart A—Air
Emissions Reporting Requirements. The
rule consolidated the various emissions
reporting requirements that already
existed into one place in the CFR,
established new reporting requirements
related to particulate matter less than or
equal to 2.5 microns (PM2.5) and
regional haze, and established new
requirements for the statewide reporting
of area source and mobile source
emissions. In 2008 EPA modified its
requirements for collecting and
reporting air emissions data by
publishing the Air Emission Reporting
Requirements in the Federal Register on
December 17, 2008 (73 FR 76539). The
requirements (1) provide options to the
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state and local air pollution control
agencies responsible for reporting data,
(2) shorten the timeline for reporting
data, (3) eliminate the emissions
reporting requirement for biogenic
emissions, and (4) require state and
local agencies to adopt the definition of
a ‘‘point source’’ as specified under title
V of the Clean Air Act.
II. Overview of the State Submittals
The revisions we are approving
address Title 20, Chapter 11, Part 2
General Provisions of the New Mexico
Administrative Code (20.11.1 NMAC
General Provisions) and Title 20,
Chapter 11, Part 47 Emissions Inventory
Requirements of the New Mexico
Administrative Code (20.11.47 NMAC
Emissions Inventory Requirements).
These revisions apply to sources in
Bernalillo County, excluding sources in
Indian lands over which the AQCB
lacks jurisdiction. We have prepared a
Technical Support Document (TSD) for
this action which details our evaluation.
Our TSD may be accessed on-line at
https://www.regulations.gov, Docket No.
EPA–R06–OAR–2008–0636.
A. The May 6, 2008 Submittal
On May 6, 2008, New Mexico
submitted a revision to the
Albuquerque/Bernalillo County SIP.
The revision established a new
regulation, 20.11.47 NMAC, Emissions
Inventory Requirements. The AQCB
approved the new regulation on March
12, 2008. The new regulation adds
various sections, including a section on
definitions (20.11.46.7 NMAC),
emissions inventory and reporting
requirements (20.11.47.14 NMAC) and
greenhouse gas emissions inventory
requirements (20.11.47.15 NMAC).
B. The November 6, 2009 Submittals
On November 6, 2009, New Mexico
submitted a revision to the
Albuquerque/Bernalillo County SIP.
The AQCB adopted this revision on
October 14, 2009. The proposed revision
amends regulation 20.11.47 NMAC,
Emissions Inventory Requirements. The
submittal revises section (20.11.47.14
NMAC) by adding subsection B(2),
which further clarifies emission
reporting requirements. Additional
amendments include renumbering of
the sections to account for the new
subsection B(2), and minor amendments
to 20.11.47.14 NMAC, subsections
C(5)(f) and (D)(2), and 20.11.47.15
NMAC, subsection (C) for further
clarification.
Also on November 6, 2009, New
Mexico submitted a revision to the
Albuquerque/Bernalillo County SIP
amending Title 20, Chapter 11, Part 1,
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General Provisions.1 The proposed
revision amends regulation 20.11.1
NMAC, General Provisions, which
applies to sources in Bernalillo county,
excluding sources in Indian lands over
which the AQCB lacks jurisdiction. The
submittal amends sections 1, 2, 3, 5, 6,
7, 9, 10, 11 and 14 of 20.11.1 NMAC to
revise and update some definitions,
including the definition of volatile
organic compounds (VOCs), to be
consistent with the federal definition
found in 40 CFR part 51, subpart F—
Procedural Requirements and 40 CFR
51.100(s). Additional detail is presented
in our TSD for this action.
C. The December 15, 2010 Submittal
On December 15, 2010, New Mexico
submitted a revision to the
Albuquerque/Bernalillo County SIP
amending Title 20, Chapter 11, Part 1,
General Provisions. The AQCB
approved the revision on December 8,
2010. The proposed revision amends
regulation 20.11.1 NMAC, General
Provisions.2 The submittal amends
section 20.11.1.7 NMAC adding a
definition of greenhouse gases,
modifying the definition of air
contaminant, and renumbering the
definitions accordingly.3
1 The previous revision to Title 20, Chapter 11,
Part 1, General Provisions, was submitted to us for
approval by the Governor of New Mexico, in a letter
dated September 7, 2004, on behalf of the
Albuquerque/Bernalillo County, Environmental—
Health Department. The proposed Title 20, Chapter
11, Part 1, General Provisions, contained three
sections titled ‘‘Resolution,’’ ‘‘Definitions,’’ and
Interpretation.’’ The EPA initially approved
Regulation I (Resolution) of the Albuquerque/
Bernalillo County, New Mexico on 04/10/1980 (45
FR 24468). See 40 CFR 52.1620(c)(11). The EPA
initially approved Regulation 2 (Definitions) on 04/
10/1980 (45 FR 24468). Further revisions to
Regulation 2 were later approved by EPA on 12/21/
93 (54 FR 67330). See 40 CFR 52.1620(c)(53). The
EPA initially approved Regulation 26
(Interpretation) on 02/23/1993 (58 FR 10972). See
40 CFR 52.1620(c)(49). The proposed revisions to
‘‘Resolution,’’ ‘‘Definitions,’’ and ‘‘Interpretation’’
reflect the new format and renumbering of the
NMAC. The proposed revisions also reflect
renaming of ‘‘Regulation’’ to ‘‘Part.’’ These changes
were administrative in nature, and did not change
the text of the SIP-approved rules. We published
our approval of the recodification and renumbering
of Chapter 11 on December 30, 2004 (69 FR 78312).
2 The submittal also included revisions that
amended 20.11.61 NMAC Prevention of Significant
Deterioration and 20.11.42 NMAC Operating
Permits. EPA approved the PSD SIP revision
portion of the submittal effective January 30, 2012.
(See 76 FR 81836).
3 20.11.42 NMAC, Operating Permits,
encompasses the Title V operating permit program
for facilities within Bernalillo County. The Title V
program is a delegated program, approved in the
Federal Register, and does not reside in the SIP.
The Title V program was last approved by EPA on
11/26/96, effective 1/27/97 (see 61 FR 60032–
60034). A minor revision to correct the definition
of ‘‘Major Source’’, was approved by EPA on 9/8/
04 (see 69 FR 54244–54247), effective 11/8/04.
Proposed revisions to the Title V program in the
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D. The October 18, 2012 Submittal
On October 18, 2009, New Mexico
submitted a revision to the
Albuquerque/Bernalillo County SIP.
The proposed revision amends
regulation 20.11.47 NMAC, Emissions
Inventory Requirements. The AQCB
adopted the revision on October 10,
2012. The submittal revises sections 6,
7, 14 and 15 of 20.11.47 NMAC further
clarifying various definitions, including
the definition of regulated air
contaminant, deletes the greenhouse gas
emissions inventory requirements from
section 15, and reserves the section for
future revisions (20.11.47.15 NMAC).
Therefore, the GHG emission inventory
requirements that were part of the May
6, 2008 submittal discussed in Section
II(A) above are no longer in front of us
for action.
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III. EPA’s Evaluation of the Submittals
The revisions to be approved address
Title 20, Chapter 11, Sections 1 and 47
of the NMAC. We have prepared a TSD
for this proposal which details our
evaluation. Our TSD may be accessed
on-line at https://www.regulations.gov,
Docket No. EPA–R06–OAR–2008–0696.
Our primary consideration for
determining the approvability of the
New Mexico submittals is whether these
proposed actions comply with section
110(l) of the Act and 40 CFR part 51,
subpart A—Air Emissions Reporting
Requirements. Section 110(l) of the Act
provides that a SIP revision must be
adopted by a State after reasonable
notice and public hearing. Additionally,
CAA § 110(l) states that the EPA cannot
approve a SIP revision if that revision
would interfere with any applicable
requirement regarding attainment,
reasonable further progress (RFP) or any
requirement established in the CAA.
Additionally, approvability of these
proposed actions are also based upon
EPA’s requirements for emissions
inventories, and collecting and
reporting air emissions data found in 40
CFR, part 51, Subpart A—Air Emission
Reporting Requirements.
Our evaluation of the submittals
found that the SIP revisions were
adopted by the State after reasonable
notice, a public comment period, a
corresponding public hearing, and that
approval of the revisions would not
interfere with any CAA requirement and
are approvable.
form of amendments to 20.11.42 NMAC, were
submitted to EPA on 7/22/09, and are pending
approval under Title V of the CAA. Therefore, since
revisions to Operating Permits are not part of the
SIP, EPA is not taking action on that portion of the
submittal. Today’s action is only addressing the
revision to 20.11.1 General Provisions.
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A. The May 6, 2008 Submittal
The AQCB adopted a new regulation
20.11.47 NMAC Emissions Inventory
Requirements on March 12, 2008. The
submittal dated May 6, 2008 revises the
New Mexico SIP to include this new
regulation, which applies to
Albuquerque/Bernalillo County.
The regulation include sections that
define the scope, duration, effective date
and objective of the regulation, which is
to establish requirements both for
submitting inventories of air
contaminants to ensure that the
regulations and standards under the Air
Quality Control Act and the CAA will
not be violated, and to require
submission of data to quantify
greenhouse gas emissions in
Albuquerque/Bernalillo County.
Additionally, the new regulation
includes a section of definitions.
Definitions in the submittal include
definitions for actual emissions,
commencement, modification, potential
to emit, shutdown, stationary source,
and western backstop sulfur dioxide
trading program. These definitions have
been SIP-approved in previous EPA
actions and are consistent with the
CAA. For example the term ‘‘western
backstop sulfur dioxide trading
programs’’ (20.11.46.7(NN) NMAC) was
defined and approved in a previous
action on November 29, 2012 (see 77 FR
71119). These 20.11.47 NMAC revisions
are mostly ministerial in nature and/or
add clarification.
Additionally, the new subsection
20.11.47.14(C)—Content of Emissions
Reports NMAC, outlines the information
required for emission reports, and states
that emission report contents shall
include all information required by 40
CFR part 51, subpart A—Emissions
Inventory Reporting Requirements.
More information on the details of the
new regulation is found in the TSD,
which is provided in the docket for this
rulemaking.
This submittal was adopted consistent
with the public notice SIP requirements
of CAA section 110(l). We find that
these revisions are approvable because
they add specificity to the program.
Further, these revisions do not interfere
with any applicable requirement
concerning attainment and reasonable
further progress, or any other applicable
requirement, are consistent with EPA’s
rules and requirements in 40 CFR, part
51, Subpart A, and do not result in
emissions increases. The 2012 submittal
removed from EPA consideration
20.11.47.15 NMAC; Albuquerque/
Bernalillo County already reports
greenhouse gas emissions pursuant to
40 CFR part 98, Mandatory Greenhouse
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5473
Gas Reporting. There is no requirement
for reporting of non-NAAQS pollutants
to be included in the SIP. There is no
federal requirement that greenhouse gas
emissions inventory requirements be
part of the New Mexico SIP.
B. The November 6, 2009 Submittals
The November 6, 2009 submittal
revises section 20.11.47.14 NMAC by
adding subsection B(2) which further
clarifies emission reporting
requirements and indicates that a source
is not required to submit an emissions
report more frequently than annually.
Additional amendments include
renumbering of the section to account
for the new subsection B(2) and minor
amendments (20.11.47.14 NMAC,
subsections C(5)(f) and (D)(2)), and
20.11.47.15 NMAC, subsection (C)
stating that estimates of greenhouse
emission need to be in pounds per year
for further clarification. EPA is
approving these revisions as they are
non-substantial in nature. As previously
noted, the 20.11.47.15 NMAC is no
longer before EPA for SIP action.
Also on November 6, 2009, the New
Mexico submittal revises 20.11.1 NMAC
General Provisions. The submittal
amends sections 1, 2, 3, 5, 6, 7, 9, 10,
and 11 of 20.11.1 NMAC to revise and
update definitions (section 20.1.7
NMAC), including the definition of
volatile organic compounds (VOCs), to
be consistent with the federal definition
found in 40 CFR part 51, subpart F—
Procedural Requirements and 40 CFR
51.100(s). Section 20.11.1.14 NMAC
Interpretation is removed, because it
was included in the rule in error when
the rule was last amended by the AQCB
in 2004, is duplicative and resides in
the rule that addresses ambient air
quality standards (20.11.8.14 NMAC
Ambient Air Quality Standards,
Interpretation). EPA is approving these
revisions since they are consistent with
federal requirements and/or nonsubstantial in nature. Additional
information regarding these revisions is
available in the TSD, which is provided
in the docket for this rulemaking.
C. The December 15, 2010 Submittal
On December 15, 2010 AQCB adopted
revisions to 20.11.1 NMAC, General
Provisions, and 20.11.61 NMAC,
Prevention of Significant Deterioration.
EPA took action on the revisions to
20.11.61 NMAC, Prevention of
Significant Deterioration in a previous
rulemaking, but decided not to act on
20.11.1 NMAC at that time. In today’s
action, EPA is taking action on the
revisions to 20.11.1 NMAC, General
Provisions from the December 15, 2010
submittal. The AQCB adopted revisions
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to 20.11.1 NMAC, Section 7,
Definitions. The revisions update
Section 7 by adding a definition for
Greenhouse gases or ‘‘GHGs’’ in
20.11.1.7(CC). The definition is
consistent with the federal definition of
GHGs. Additionally, the revisions
include other non-substantive changes
such as renumbering the definitions for
clarity. Further, these revisions do not
interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement and are
consistent with section 110 of the CAA.
EPA is approving these revisions to
20.11.1 NMAC, General Provisions.
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D. The October 18, 2012 Submittal
The October 18, 2012 submittal
revises the SIP for Albuquerque/
Bernalillo County. The submittal revises
sections 6, 7, 14 and 15 of 20.11.47
NMAC further clarifying various
definitions including the definition of
regulated air contaminant, deletes the
greenhouse gas emissions inventory
requirements from section 15, and
reserves the section for future revisions
(20.11.47.15 NMAC). The deletion of
section 15 is not a relaxation of the SIP,
since there is a no requirement for nonNAAQS pollutants (i.e., GHGs) to have
SIP-approved reporting requirements.
Albuquerque/Bernalillo County
continues to report estimates of
NAAQS-related emissions pursuant to
EPA’s requirements for emissions
inventories found in 40 CFR, part 51,
Subpart A and greenhouse gases
pursuant to 40 CFR, part 98 ‘‘Mandatory
Greenhouse Gas Reporting’’ (see 74 FR
56260, effective December 29, 2009).
Additionally, revisions to 20.11.47
NMAC also include deletions/or
updates of definitions of pollutants
associated with greenhouse gases such
as perfluorocarbons, sulfur
hexafluoride, the climate registry,
nitrous oxide, and other definitions,
such as regulated pollutant
(20.11.47.7(W) NMAC), and
renumbering for clarification.
This submittal was adopted consistent
with the public notice SIP requirements
of CAA section 110(l),4 and the
revisions in this submittal do not
interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement. We find that
these revisions are approvable, because
they either clarify the emissions
inventory requirements and/or are nonsubstantive in nature.
4 New Mexico Register, Volume XXIII, Number
20, October 30, 2012.
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IV. Final Action
Pursuant to section 110 of the Act,
EPA is approving through a direct final
action, five revisions to the New Mexico
SIP that were submitted on May 6, 2008,
November 6, 2009,5 December 15, 2010
and October 18, 2012. We evaluated the
state’s submittals and determined that
they meet the applicable requirements
of the CAA section 110 and applicable
EPA guidance. In accordance with CAA
section 110(l), these revisions will not
interfere with attainment of the NAAQS,
reasonable further progress, or any other
applicable requirement of the CAA.
EPA is publishing this rule without
prior proposal because we view these as
non-controversial amendments 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 3, 2015 without
further notice unless we receive relevant
adverse comments by March 4, 2015. If
we receive relevant adverse comments,
we will publish a timely withdrawal of
this direct final rulemaking in the
Federal Register informing the public
that the direct final 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.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. 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:
5 As discussed in this notice, there are two SIP
submittals that were submitted on the same date,
November 6, 2009—one revising 20.11.1 NMAC and
one revising 20.11.47 NMAC.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
• 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it 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 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
E:\FR\FM\02FER1.SGM
02FER1
5475
Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations
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 April 3, 2015. 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)).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 15, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. In § 52.1620, paragraph (c), the
second table titled ‘‘EPA Approved
Albuquerque/Bernalillo County, NM
Regulations’’ is amended by revising the
entry for Part 1 (20.11.1 NMAC) and
adding in sequential order an entry for
Part 47 (20.11.47 NMAC).
The amendments read as follows:
■
§ 52.1620
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State citation
State approval/
submittal date
Title/subject
EPA approval date
Explanation
New Mexico Administrative Code (NMAC) Title 20—Environmental Protection Chapter 11—Albuquerque/Bernalillo County Air Quality
Control Board
Part 1 (20.11.1 NMAC) ..............
*
*
Part 47 (20.11.47 NMAC) ..........
*
*
*
General Provisions .....................
Emissions
ments.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[EPA–R06–OAR–2007–0488; FRL–9921–77–
Region 6]
New Source Performance Standards
and National Emission Standards for
Hazardous Air Pollutants; Delegation
of Authority to New Mexico
Environmental Protection
Agency.
ACTION: Direct final rule; delegation of
authority.
AGENCY:
The New Mexico
Environment Department (NMED) has
submitted updated regulations for
receiving delegation of the
Environmental Protection Agency (EPA)
authority for implementation and
enforcement of New Source
Performance Standards (NSPS) and
National Emission Standards for
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
15:25 Jan 30, 2015
Jkt 235001
2/2/2015 [Insert Federal Register citation].
..............................
10/18/2012
*
*
2/2/2015 [Insert Federal Register citation].
*
..............................
*
Require-
*
[FR Doc. 2015–01792 Filed 1–30–15; 8:45 am]
VerDate Sep<11>2014
*
Inventory
12/15/2010
*
*
Hazardous Air Pollutants (NESHAPs)
for all sources (both part 70 and nonpart 70 sources). The delegation of
authority under this action does not
apply to sources located in Bernalillo
County, New Mexico, or sources located
in Indian Country. EPA is providing
notice that it has approved delegation of
certain NSPS to NMED, and taking
direct final action to approve the
delegation of certain NESHAPs to
NMED.
This rule is effective on April 3,
2015 without further notice, unless EPA
receives relevant adverse comment by
March 4, 2015. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the updated
NESHAPs delegation will not take
effect; however, the NSPS delegation
will not be affected by such action.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2007–0488, by one of the
following methods:
• www.regulations.gov. Follow the
online instructions.
ADDRESSES:
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
*
*
• Email: Mr. Rick Barrett at
barrett.richard@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Mail or delivery: Mr. Rick Barrett,
Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Instructions: Direct your comments to
Docket No. EPA–R06–OAR–2007–0488.
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
whose disclosure 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 EPA will not know your identity
or contact information unless you
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Rules and Regulations]
[Pages 5471-5475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01792]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0636; FRL-9922-25-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Albuquerque/Bernalillo County; Revisions to Emissions
Inventory Requirements, and General Provisions
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Albuquerque/Bernalillo County, New Mexico State
Implementation Plan (SIP). These revisions add definitions and
clarifying changes to the general provisions and add a new emissions
inventory regulation that establishes reporting requirements for
stationary sources in Albuquerque/Bernalillo County. The EPA is
approving these revisions pursuant to section 110 of the Clean Air Act
(CAA).
DATES: This rule will be effective on April 3, 2015 without further
notice unless EPA receives relevant adverse comments by March 4, 2015.
If EPA receives such comments, EPA will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2008-0636, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
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-
2008-0636. 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 through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
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
information about EPA's public docket visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index 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.
FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning
Section, telephone (214) 665-7128, email: walser.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
A. What is a SIP?
B. What are Emissions Inventories?
II. Overview of the State Submittals
A. May 6, 2008 Submittal
B. November 6, 2009 Submittals
C. December 15, 2010 Submittal
D. October 18, 2012 Submittal
III. EPA's Evaluation of the Submittals
IV. Final Action
V. Statutory and Executive Order Reviews
[[Page 5472]]
I. Background
A. What is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
National Ambient Air Quality Standards (NAAQS) established by EPA. The
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of
air pollution regulations, control strategies, other means or
techniques, and technical analyses developed by the state, to ensure
that air quality in the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. SIPs can
be extensive, containing state regulations or other enforceable
documents, and supporting information such as emissions inventories,
monitoring networks, and modeling demonstrations. Each state must
submit any SIP revision to EPA for approval and incorporation into the
federally-enforceable SIP.
The New Mexico SIP includes a variety of control strategies,
including the regulations that outline general provisions applicable to
Albuquerque/Bernalillo County Air Quality Control Board (AQCB)
regulations and emissions inventory requirements.
B. What are Emissions Inventories?
Emissions inventories are surveys of actual and/or allowable
emissions of air pollutants in an area. They are critical for the
efforts of state, local, and federal agencies to attain and maintain
the NAAQS that EPA has established for criteria pollutants such as
ozone, particulate matter, and carbon monoxide. EPA issued the
consolidated emissions reporting rule on June 10, 2002 (67 FR 39602).
The rule can be found at 40 CFR part 51 Subpart A--Air Emissions
Reporting Requirements. The rule consolidated the various emissions
reporting requirements that already existed into one place in the CFR,
established new reporting requirements related to particulate matter
less than or equal to 2.5 microns (PM2.5) and regional haze,
and established new requirements for the statewide reporting of area
source and mobile source emissions. In 2008 EPA modified its
requirements for collecting and reporting air emissions data by
publishing the Air Emission Reporting Requirements in the Federal
Register on December 17, 2008 (73 FR 76539). The requirements (1)
provide options to the state and local air pollution control agencies
responsible for reporting data, (2) shorten the timeline for reporting
data, (3) eliminate the emissions reporting requirement for biogenic
emissions, and (4) require state and local agencies to adopt the
definition of a ``point source'' as specified under title V of the
Clean Air Act.
II. Overview of the State Submittals
The revisions we are approving address Title 20, Chapter 11, Part 2
General Provisions of the New Mexico Administrative Code (20.11.1 NMAC
General Provisions) and Title 20, Chapter 11, Part 47 Emissions
Inventory Requirements of the New Mexico Administrative Code (20.11.47
NMAC Emissions Inventory Requirements). These revisions apply to
sources in Bernalillo County, excluding sources in Indian lands over
which the AQCB lacks jurisdiction. We have prepared a Technical Support
Document (TSD) for this action which details our evaluation. Our TSD
may be accessed on-line at https://www.regulations.gov, Docket No. EPA-
R06-OAR-2008-0636.
A. The May 6, 2008 Submittal
On May 6, 2008, New Mexico submitted a revision to the Albuquerque/
Bernalillo County SIP. The revision established a new regulation,
20.11.47 NMAC, Emissions Inventory Requirements. The AQCB approved the
new regulation on March 12, 2008. The new regulation adds various
sections, including a section on definitions (20.11.46.7 NMAC),
emissions inventory and reporting requirements (20.11.47.14 NMAC) and
greenhouse gas emissions inventory requirements (20.11.47.15 NMAC).
B. The November 6, 2009 Submittals
On November 6, 2009, New Mexico submitted a revision to the
Albuquerque/Bernalillo County SIP. The AQCB adopted this revision on
October 14, 2009. The proposed revision amends regulation 20.11.47
NMAC, Emissions Inventory Requirements. The submittal revises section
(20.11.47.14 NMAC) by adding subsection B(2), which further clarifies
emission reporting requirements. Additional amendments include
renumbering of the sections to account for the new subsection B(2), and
minor amendments to 20.11.47.14 NMAC, subsections C(5)(f) and (D)(2),
and 20.11.47.15 NMAC, subsection (C) for further clarification.
Also on November 6, 2009, New Mexico submitted a revision to the
Albuquerque/Bernalillo County SIP amending Title 20, Chapter 11, Part
1, General Provisions.\1\ The proposed revision amends regulation
20.11.1 NMAC, General Provisions, which applies to sources in
Bernalillo county, excluding sources in Indian lands over which the
AQCB lacks jurisdiction. The submittal amends sections 1, 2, 3, 5, 6,
7, 9, 10, 11 and 14 of 20.11.1 NMAC to revise and update some
definitions, including the definition of volatile organic compounds
(VOCs), to be consistent with the federal definition found in 40 CFR
part 51, subpart F--Procedural Requirements and 40 CFR 51.100(s).
Additional detail is presented in our TSD for this action.
---------------------------------------------------------------------------
\1\ The previous revision to Title 20, Chapter 11, Part 1,
General Provisions, was submitted to us for approval by the Governor
of New Mexico, in a letter dated September 7, 2004, on behalf of the
Albuquerque/Bernalillo County, Environmental--Health Department. The
proposed Title 20, Chapter 11, Part 1, General Provisions, contained
three sections titled ``Resolution,'' ``Definitions,'' and
Interpretation.'' The EPA initially approved Regulation I
(Resolution) of the Albuquerque/Bernalillo County, New Mexico on 04/
10/1980 (45 FR 24468). See 40 CFR 52.1620(c)(11). The EPA initially
approved Regulation 2 (Definitions) on 04/10/1980 (45 FR 24468).
Further revisions to Regulation 2 were later approved by EPA on 12/
21/93 (54 FR 67330). See 40 CFR 52.1620(c)(53). The EPA initially
approved Regulation 26 (Interpretation) on 02/23/1993 (58 FR 10972).
See 40 CFR 52.1620(c)(49). The proposed revisions to ``Resolution,''
``Definitions,'' and ``Interpretation'' reflect the new format and
renumbering of the NMAC. The proposed revisions also reflect
renaming of ``Regulation'' to ``Part.'' These changes were
administrative in nature, and did not change the text of the SIP-
approved rules. We published our approval of the recodification and
renumbering of Chapter 11 on December 30, 2004 (69 FR 78312).
---------------------------------------------------------------------------
C. The December 15, 2010 Submittal
On December 15, 2010, New Mexico submitted a revision to the
Albuquerque/Bernalillo County SIP amending Title 20, Chapter 11, Part
1, General Provisions. The AQCB approved the revision on December 8,
2010. The proposed revision amends regulation 20.11.1 NMAC, General
Provisions.\2\ The submittal amends section 20.11.1.7 NMAC adding a
definition of greenhouse gases, modifying the definition of air
contaminant, and renumbering the definitions accordingly.\3\
---------------------------------------------------------------------------
\2\ The submittal also included revisions that amended 20.11.61
NMAC Prevention of Significant Deterioration and 20.11.42 NMAC
Operating Permits. EPA approved the PSD SIP revision portion of the
submittal effective January 30, 2012. (See 76 FR 81836).
\3\ 20.11.42 NMAC, Operating Permits, encompasses the Title V
operating permit program for facilities within Bernalillo County.
The Title V program is a delegated program, approved in the Federal
Register, and does not reside in the SIP. The Title V program was
last approved by EPA on 11/26/96, effective 1/27/97 (see 61 FR
60032-60034). A minor revision to correct the definition of ``Major
Source'', was approved by EPA on 9/8/04 (see 69 FR 54244-54247),
effective 11/8/04. Proposed revisions to the Title V program in the
form of amendments to 20.11.42 NMAC, were submitted to EPA on 7/22/
09, and are pending approval under Title V of the CAA. Therefore,
since revisions to Operating Permits are not part of the SIP, EPA is
not taking action on that portion of the submittal. Today's action
is only addressing the revision to 20.11.1 General Provisions.
---------------------------------------------------------------------------
[[Page 5473]]
D. The October 18, 2012 Submittal
On October 18, 2009, New Mexico submitted a revision to the
Albuquerque/Bernalillo County SIP. The proposed revision amends
regulation 20.11.47 NMAC, Emissions Inventory Requirements. The AQCB
adopted the revision on October 10, 2012. The submittal revises
sections 6, 7, 14 and 15 of 20.11.47 NMAC further clarifying various
definitions, including the definition of regulated air contaminant,
deletes the greenhouse gas emissions inventory requirements from
section 15, and reserves the section for future revisions (20.11.47.15
NMAC). Therefore, the GHG emission inventory requirements that were
part of the May 6, 2008 submittal discussed in Section II(A) above are
no longer in front of us for action.
III. EPA's Evaluation of the Submittals
The revisions to be approved address Title 20, Chapter 11, Sections
1 and 47 of the NMAC. We have prepared a TSD for this proposal which
details our evaluation. Our TSD may be accessed on-line at https://www.regulations.gov, Docket No. EPA-R06-OAR-2008-0696.
Our primary consideration for determining the approvability of the
New Mexico submittals is whether these proposed actions comply with
section 110(l) of the Act and 40 CFR part 51, subpart A--Air Emissions
Reporting Requirements. Section 110(l) of the Act provides that a SIP
revision must be adopted by a State after reasonable notice and public
hearing. Additionally, CAA Sec. 110(l) states that the EPA cannot
approve a SIP revision if that revision would interfere with any
applicable requirement regarding attainment, reasonable further
progress (RFP) or any requirement established in the CAA. Additionally,
approvability of these proposed actions are also based upon EPA's
requirements for emissions inventories, and collecting and reporting
air emissions data found in 40 CFR, part 51, Subpart A--Air Emission
Reporting Requirements.
Our evaluation of the submittals found that the SIP revisions were
adopted by the State after reasonable notice, a public comment period,
a corresponding public hearing, and that approval of the revisions
would not interfere with any CAA requirement and are approvable.
A. The May 6, 2008 Submittal
The AQCB adopted a new regulation 20.11.47 NMAC Emissions Inventory
Requirements on March 12, 2008. The submittal dated May 6, 2008 revises
the New Mexico SIP to include this new regulation, which applies to
Albuquerque/Bernalillo County.
The regulation include sections that define the scope, duration,
effective date and objective of the regulation, which is to establish
requirements both for submitting inventories of air contaminants to
ensure that the regulations and standards under the Air Quality Control
Act and the CAA will not be violated, and to require submission of data
to quantify greenhouse gas emissions in Albuquerque/Bernalillo County.
Additionally, the new regulation includes a section of definitions.
Definitions in the submittal include definitions for actual emissions,
commencement, modification, potential to emit, shutdown, stationary
source, and western backstop sulfur dioxide trading program. These
definitions have been SIP-approved in previous EPA actions and are
consistent with the CAA. For example the term ``western backstop sulfur
dioxide trading programs'' (20.11.46.7(NN) NMAC) was defined and
approved in a previous action on November 29, 2012 (see 77 FR 71119).
These 20.11.47 NMAC revisions are mostly ministerial in nature and/or
add clarification.
Additionally, the new subsection 20.11.47.14(C)--Content of
Emissions Reports NMAC, outlines the information required for emission
reports, and states that emission report contents shall include all
information required by 40 CFR part 51, subpart A--Emissions Inventory
Reporting Requirements. More information on the details of the new
regulation is found in the TSD, which is provided in the docket for
this rulemaking.
This submittal was adopted consistent with the public notice SIP
requirements of CAA section 110(l). We find that these revisions are
approvable because they add specificity to the program. Further, these
revisions do not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement, are consistent with EPA's rules and requirements in 40
CFR, part 51, Subpart A, and do not result in emissions increases. The
2012 submittal removed from EPA consideration 20.11.47.15 NMAC;
Albuquerque/Bernalillo County already reports greenhouse gas emissions
pursuant to 40 CFR part 98, Mandatory Greenhouse Gas Reporting. There
is no requirement for reporting of non-NAAQS pollutants to be included
in the SIP. There is no federal requirement that greenhouse gas
emissions inventory requirements be part of the New Mexico SIP.
B. The November 6, 2009 Submittals
The November 6, 2009 submittal revises section 20.11.47.14 NMAC by
adding subsection B(2) which further clarifies emission reporting
requirements and indicates that a source is not required to submit an
emissions report more frequently than annually. Additional amendments
include renumbering of the section to account for the new subsection
B(2) and minor amendments (20.11.47.14 NMAC, subsections C(5)(f) and
(D)(2)), and 20.11.47.15 NMAC, subsection (C) stating that estimates of
greenhouse emission need to be in pounds per year for further
clarification. EPA is approving these revisions as they are non-
substantial in nature. As previously noted, the 20.11.47.15 NMAC is no
longer before EPA for SIP action.
Also on November 6, 2009, the New Mexico submittal revises 20.11.1
NMAC General Provisions. The submittal amends sections 1, 2, 3, 5, 6,
7, 9, 10, and 11 of 20.11.1 NMAC to revise and update definitions
(section 20.1.7 NMAC), including the definition of volatile organic
compounds (VOCs), to be consistent with the federal definition found in
40 CFR part 51, subpart F--Procedural Requirements and 40 CFR
51.100(s). Section 20.11.1.14 NMAC Interpretation is removed, because
it was included in the rule in error when the rule was last amended by
the AQCB in 2004, is duplicative and resides in the rule that addresses
ambient air quality standards (20.11.8.14 NMAC Ambient Air Quality
Standards, Interpretation). EPA is approving these revisions since they
are consistent with federal requirements and/or non-substantial in
nature. Additional information regarding these revisions is available
in the TSD, which is provided in the docket for this rulemaking.
C. The December 15, 2010 Submittal
On December 15, 2010 AQCB adopted revisions to 20.11.1 NMAC,
General Provisions, and 20.11.61 NMAC, Prevention of Significant
Deterioration. EPA took action on the revisions to 20.11.61 NMAC,
Prevention of Significant Deterioration in a previous rulemaking, but
decided not to act on 20.11.1 NMAC at that time. In today's action, EPA
is taking action on the revisions to 20.11.1 NMAC, General Provisions
from the December 15, 2010 submittal. The AQCB adopted revisions
[[Page 5474]]
to 20.11.1 NMAC, Section 7, Definitions. The revisions update Section 7
by adding a definition for Greenhouse gases or ``GHGs'' in
20.11.1.7(CC). The definition is consistent with the federal definition
of GHGs. Additionally, the revisions include other non-substantive
changes such as renumbering the definitions for clarity. Further, these
revisions do not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement and are consistent with section 110 of the CAA. EPA is
approving these revisions to 20.11.1 NMAC, General Provisions.
D. The October 18, 2012 Submittal
The October 18, 2012 submittal revises the SIP for Albuquerque/
Bernalillo County. The submittal revises sections 6, 7, 14 and 15 of
20.11.47 NMAC further clarifying various definitions including the
definition of regulated air contaminant, deletes the greenhouse gas
emissions inventory requirements from section 15, and reserves the
section for future revisions (20.11.47.15 NMAC). The deletion of
section 15 is not a relaxation of the SIP, since there is a no
requirement for non-NAAQS pollutants (i.e., GHGs) to have SIP-approved
reporting requirements. Albuquerque/Bernalillo County continues to
report estimates of NAAQS-related emissions pursuant to EPA's
requirements for emissions inventories found in 40 CFR, part 51,
Subpart A and greenhouse gases pursuant to 40 CFR, part 98 ``Mandatory
Greenhouse Gas Reporting'' (see 74 FR 56260, effective December 29,
2009).
Additionally, revisions to 20.11.47 NMAC also include deletions/or
updates of definitions of pollutants associated with greenhouse gases
such as perfluorocarbons, sulfur hexafluoride, the climate registry,
nitrous oxide, and other definitions, such as regulated pollutant
(20.11.47.7(W) NMAC), and renumbering for clarification.
This submittal was adopted consistent with the public notice SIP
requirements of CAA section 110(l),\4\ and the revisions in this
submittal do not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement. We find that these revisions are approvable, because they
either clarify the emissions inventory requirements and/or are non-
substantive in nature.
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\4\ New Mexico Register, Volume XXIII, Number 20, October 30,
2012.
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IV. Final Action
Pursuant to section 110 of the Act, EPA is approving through a
direct final action, five revisions to the New Mexico SIP that were
submitted on May 6, 2008, November 6, 2009,\5\ December 15, 2010 and
October 18, 2012. We evaluated the state's submittals and determined
that they meet the applicable requirements of the CAA section 110 and
applicable EPA guidance. In accordance with CAA section 110(l), these
revisions will not interfere with attainment of the NAAQS, reasonable
further progress, or any other applicable requirement of the CAA.
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\5\ As discussed in this notice, there are two SIP submittals
that were submitted on the same date, November 6, 2009--one revising
20.11.1 NMAC and one revising 20.11.47 NMAC.
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EPA is publishing this rule without prior proposal because we view
these as non-controversial amendments 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 3, 2015
without further notice unless we receive relevant adverse comments by
March 4, 2015. If we receive relevant adverse comments, we will publish
a timely withdrawal of this direct final rulemaking in the Federal
Register informing the public that the direct final 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.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 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
[[Page 5475]]
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 April 3, 2015. 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)).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 15, 2015.
Samuel Coleman,
Acting 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, paragraph (c), the second table titled ``EPA
Approved Albuquerque/Bernalillo County, NM Regulations'' is amended by
revising the entry for Part 1 (20.11.1 NMAC) and adding in sequential
order an entry for Part 47 (20.11.47 NMAC).
The amendments read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environmental Protection Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
Part 1 (20.11.1 NMAC)........... General Provisions. 12/15/2010 2/2/2015 [Insert .................
Federal Register
citation].
* * * * * * *
Part 47 (20.11.47 NMAC)......... Emissions Inventory 10/18/2012 2/2/2015 [Insert .................
Requirements. Federal Register
citation].
* * * * * * *
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* * * * *
[FR Doc. 2015-01792 Filed 1-30-15; 8:45 am]
BILLING CODE 6560-50-P