Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Revisions to Emissions Inventory Requirements, and General Provisions, 26189-26191 [2015-10481]
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF IMPLEMENTAION
PLANS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 52
continues to read as follows:
[EPA–R06–OAR–2008–0636; FRL–9927–24–
Region 6]
■
Authority: 42 U.S.C. 7401 et seq.
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Albuquerque/Bernalillo
County; Revisions to Emissions
Inventory Requirements, and General
Provisions
Subpart A—General Provisions
2. Section 52.21 is amended by
revising paragraphs (w)(2) and (3) to
read as follows:
■
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
§ 52.21 Prevention of significant
deterioration of air quality.
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(w) * * *
(2) Any owner or operator of a
stationary source or modification who
holds a permit for the source or
modification may request that the
Administrator rescind the permit or a
particular portion of the permit if the
permit for the source or modification
was issued:
(i) Under § 52.21 as in effect on July
30, 1987 or any earlier version of this
section;
(ii) Under § 52.21 between July 1,
2011 and July 6, 2015 to a source that
was classified as a major stationary
source under paragraph (b)(1) of this
section solely on the basis of potential
emissions of greenhouse gases, which
were defined as a regulated NSR
pollutant through the application of
paragraph (b)(49)(v)(a) of this section as
in effect during this time period; or
(iii) Under § 52.21 between July 1,
2011 and July 6, 2015 for a modification
that was classified as a major
modification under paragraph (b)(2)
solely on the basis of an increase in
emissions of greenhouse gases, which
were defined as a regulated NSR
pollutant through the application of
paragraph (b)(49)(v)(b) of this section as
in effect during this time period.
(3) The Administrator shall grant an
application for rescission if the
application shows that this section
would not apply to the source or
modification. As a result of a decision
of the United States Supreme Court, this
section does not apply to sources or
modifications that meet only the
applicability criteria in paragraph
(b)(49)(v) of this section.
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[FR Doc. 2015–10628 Filed 5–6–15; 8:45 am]
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40 CFR Part 52
The Environmental Protection
Agency (EPA) is approving under the
Federal Clean Air Act (CAA) 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.
SUMMARY:
DATES:
This rule is effective on June 8,
2015.
EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2008–0636. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202–2733.
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.
ADDRESSES:
I. Background
The background for today’s action is
discussed in detail in our February 2,
2015 direct final rule and proposal (80
FR 5471). The rule and proposal stated
that if any relevant adverse comments
were received by the end of the public
comment period on March 4, 2015, the
direct final rule would be withdrawn
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26189
and we would respond to the comments
in a subsequent final action. A relevant
adverse comment was received during
the comment period, and the direct final
rule was withdrawn on March 26, 2015
(80 FR 15901). Our February 2, 2015
proposal provides the basis for today’s
final action. The SIP revisions proposed
for approval 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.
II. Response to Comments
We received one comment letter dated
February 20, 2015, from the Sierra Club,
regarding our direct final rule.
Comment: ‘‘Acting regional
administrator Sam Coleman cannot sign
approvals, disapprovals, or any
combination of approvals or
disapproval, in whole or in part, due to
the fact that agency actions on state
implementation plans are required to be
signed by the regional administrator,
Ron Curry, not the current deputy
regional administrator as stated in the
agency’s delegations manual. The
manual specifically states that SIP
actions can’t be redelegated from the
regional administrator.’’
Response: As the Acting Regional
Administrator, Deputy Regional
Administrator Sam Coleman had
authority to sign the proposal and direct
final action on this State
Implementation Plan. On January 15,
2015, the day that the proposal and
direct final action were signed, Sam
Coleman was acting in the capacity of
the Regional Administrator for Ron
Curry, who was absent from Region 6 at
the time. The following language is
listed in the Region 6 Deputy Regional
Administrator’s position description ‘‘In
the absence of the Regional
Administrator, the Deputy Regional
Administrator will perform the duties of
the Regional Administrator.’’ A copy of
the Deputy Regional Administrator’s
position description is included in the
docket for this rulemaking. Further, EPA
Region 6 Order 1110.11 establishes a
line of succession to perform the duties
of the Regional Administrator should
the Regional Administrator be absent
from the office. The Deputy Regional
Administrator is the first person listed
on that line of succession. A copy of
EPA Region 6 Order 1110.11 is included
in the docket for this rulemaking.
The heads of administrative agencies
are statutorily vested with the authority
to delegate authorities to subordinate
officials, 5 U.S.C. 302. Federal Courts
have held that rules, including internal
E:\FR\FM\07MYR1.SGM
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations
delegations and appointments of
authority are effective regardless of
publication in the Federal Register or
the Code of Federal Regulations. The
EPA Delegations Manual, more
specifically Chapter 1–21, provides that
the EPA Regional Administrators are
delegated the authority, in relevant part,
to sign and submit proposed State
Implementation Plans, including
revisions and compliance schedules.
Chapter 1–21 of the EPA Delegations
Manual specifically allows the
redelegation of these authorities to the
Deputies of the Regional
Administrators. A copy of Chapter 1–21
of the EPA Delegations Manual is
included in the docket for this
rulemaking.
The comment only challenged the
Deputy Regional Administrator’s
authority to sign the Direct Final Action.
EPA received no other comments or
challenges as to the substance of the
proposal or direct final. Therefore, we
are finalizing our action to approve this
SIP amendment.
III. Final Action
Pursuant to section 110 of the Act,
EPA is approving five revisions to the
New Mexico SIP that were submitted on
May 6, 2008, November 6, 2009,1
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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IV. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.4, we are finalizing the
incorporation by reference of the
revisions to the Albuquerque/Bernalillo
County regulations as described in the
Final Action of this rule. We have made,
and will continue to make, these
documents generally available
electronically through
www.regulation.gov and/or in hard copy
at the appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
1 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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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 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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, 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
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tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 6, 2015. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposed
of judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 27, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. In § 52.162(c), the second table
titled ‘‘EPA Approved Albuquerque/
Bernalillo County, NM Regulations’’ is
■
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations
amended by revising the entry for Part
1 (20.11.1 NMAC) and adding in
§ 52.1620
sequential order an entry for Part 47
(20.11.47 NMAC) to read as follows:
*
Identification of plan.
*
*
(c) * * *
*
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EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State citation
Title/subject
State
approval/
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
5/7/2015 [Insert Federal Register citation].
*
*
Part 47 (20.11.47 NMAC) ........
*
Emissions Inventory Requirements.
*
10/18/2012
*
*
5/7/2015 [Insert Federal Register citation].
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2014–0905; FRL 9927–16–
OAR]
RIN 2060–AS58
Approval of Alabama’s Request To
Relax the Federal Reid Vapor Pressure
Gasoline Volatility Standard for
Birmingham, Alabama
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a request from the
state of Alabama for the EPA to relax the
Reid Vapor Pressure (RVP) standard
applicable to gasoline introduced into
commerce from June 1 to September 15
of each year for Jefferson and Shelby
counties (‘‘the Birmingham area’’).
Specifically, the EPA is approving
amendments to the regulations to
change the RVP standard for the
Birmingham area from 7.8 pounds per
square inch (psi) to 9.0 psi for gasoline.
The EPA has determined that this
change to the federal RVP regulation is
consistent with the applicable
provisions of the Clean Air Act (CAA).
This action is being taken without prior
proposal because the EPA believes that
this rulemaking is noncontroversial for
the reasons set forth in this preamble,
and due to the limited scope of this
action.
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*
This rule is effective on July 6,
2015 without further notice unless the
EPA receives adverse comment by June
8, 2015. If the EPA receives such
comments, the EPA will publish a
timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2014–0905, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-Docket@epa.gov.
• Mail: Air Docket, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave. NW.,
Washington, DC, 20460, Attention
Docket ID No. EPA–HQ–OAR–2014–
0905. Please include a total of two
copies.
• Hand Delivery: Air and Radiation
Docket, EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20004.
Attention Docket ID No. EPA–HQ–
OAR–2014–0905. Please include two
copies. Such deliveries are accepted
only during the Docket’s normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2014–
0905. The 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
DATES:
[FR Doc. 2015–10481 Filed 5–6–15; 8:45 am]
SUMMARY:
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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 that the 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 the 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, the 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 the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the 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 the EPA’s public docket, visit the
EPA Docket Center homepage at
https://www.epa.gov/epahome/
dockets.htm.
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
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]]>Agencies
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26189-26191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10481]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0636; FRL-9927-24-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 (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving under
the Federal Clean Air Act (CAA) 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.
DATES: This rule is effective on June 8, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2008-0636. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
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.
I. Background
The background for today's action is discussed in detail in our
February 2, 2015 direct final rule and proposal (80 FR 5471). The rule
and proposal stated that if any relevant adverse comments were received
by the end of the public comment period on March 4, 2015, the direct
final rule would be withdrawn and we would respond to the comments in a
subsequent final action. A relevant adverse comment was received during
the comment period, and the direct final rule was withdrawn on March
26, 2015 (80 FR 15901). Our February 2, 2015 proposal provides the
basis for today's final action. The SIP revisions proposed for approval
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.
II. Response to Comments
We received one comment letter dated February 20, 2015, from the
Sierra Club, regarding our direct final rule.
Comment: ``Acting regional administrator Sam Coleman cannot sign
approvals, disapprovals, or any combination of approvals or
disapproval, in whole or in part, due to the fact that agency actions
on state implementation plans are required to be signed by the regional
administrator, Ron Curry, not the current deputy regional administrator
as stated in the agency's delegations manual. The manual specifically
states that SIP actions can't be redelegated from the regional
administrator.''
Response: As the Acting Regional Administrator, Deputy Regional
Administrator Sam Coleman had authority to sign the proposal and direct
final action on this State Implementation Plan. On January 15, 2015,
the day that the proposal and direct final action were signed, Sam
Coleman was acting in the capacity of the Regional Administrator for
Ron Curry, who was absent from Region 6 at the time. The following
language is listed in the Region 6 Deputy Regional Administrator's
position description ``In the absence of the Regional Administrator,
the Deputy Regional Administrator will perform the duties of the
Regional Administrator.'' A copy of the Deputy Regional Administrator's
position description is included in the docket for this rulemaking.
Further, EPA Region 6 Order 1110.11 establishes a line of succession to
perform the duties of the Regional Administrator should the Regional
Administrator be absent from the office. The Deputy Regional
Administrator is the first person listed on that line of succession. A
copy of EPA Region 6 Order 1110.11 is included in the docket for this
rulemaking.
The heads of administrative agencies are statutorily vested with
the authority to delegate authorities to subordinate officials, 5
U.S.C. 302. Federal Courts have held that rules, including internal
[[Page 26190]]
delegations and appointments of authority are effective regardless of
publication in the Federal Register or the Code of Federal Regulations.
The EPA Delegations Manual, more specifically Chapter 1-21, provides
that the EPA Regional Administrators are delegated the authority, in
relevant part, to sign and submit proposed State Implementation Plans,
including revisions and compliance schedules. Chapter 1-21 of the EPA
Delegations Manual specifically allows the redelegation of these
authorities to the Deputies of the Regional Administrators. A copy of
Chapter 1-21 of the EPA Delegations Manual is included in the docket
for this rulemaking.
The comment only challenged the Deputy Regional Administrator's
authority to sign the Direct Final Action. EPA received no other
comments or challenges as to the substance of the proposal or direct
final. Therefore, we are finalizing our action to approve this SIP
amendment.
III. Final Action
Pursuant to section 110 of the Act, EPA is approving five revisions
to the New Mexico SIP that were submitted on May 6, 2008, November 6,
2009,\1\ 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.
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
IV. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.4, we are finalizing the incorporation by reference of the
revisions to the Albuquerque/Bernalillo County regulations as described
in the Final Action of this rule. We have made, and will continue to
make, these documents generally available electronically through
www.regulation.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
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 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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, 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 and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 6, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposed of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: April 27, 2015.
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. 52.162(c), the second table titled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' is
[[Page 26191]]
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) to read as
follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
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 5/7/2015 [Insert
Federal Register
citation].
* * * * * * *
Part 47 (20.11.47 NMAC).......... Emissions Inventory 10/18/2012 5/7/2015 [Insert
Requirements. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-10481 Filed 5-6-15; 8:45 am]
BILLING CODE 6560-50-P
