Approval and Promulgation of Implementation Plans; New Mexico; Nonattainment New Source Review Permitting State Implementation Plan Revisions for the City of Albuquerque-Bernalillo County, 52003-52005 [2015-20898]
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2009–0648; FRL–9931–31–
Region 6]
Approval and Promulgation of
Implementation Plans; New Mexico;
Nonattainment New Source Review
Permitting State Implementation Plan
Revisions for the City of AlbuquerqueBernalillo County
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the New Mexico State
Implementation Plan (SIP) for the City
of Albuquerque-Bernalillo County.
These revisions provide updates to the
City of Albuquerque-Bernalillo County
major Nonattainment New Source
Review (NNSR) permit program. The
EPA is proposing this action under
section 110 and part D of the Clean Air
Act (CAA or the Act).
DATES: Comments must be received on
or before September 28, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2009–0648, by one of the
following methods:
• https://www.regulations.gov. Follow
the online instructions.
• Email: Ms. Erica Le Doux at
ledoux.erica@epa.gov.
• Mail or delivery: Ms. Erica Le Doux,
Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2009–
0648. 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
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Do not submit
information through https://
www.regulations.gov or email, if you
believe that it is CBI or otherwise
protected from disclosure. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means that 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
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SUMMARY:
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going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment along with
any disk or CD–ROM submitted. If 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 and any form of
encryption and should be free of any
defects or viruses.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Erica Le Doux, (214) 665–7265,
ledoux.erica@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Le Doux or Mr.
Bill Deese at (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
The Act at section 110(a)(2)(C)
requires states to develop and submit to
the EPA for approval into the state SIP,
preconstruction review programs
applicable to new and modified
stationary sources of air pollutants for
attainment and nonattainment areas that
cover both major and minor new
sources and modifications, collectively
referred to as the NSR SIP. The CAA
NSR SIP program is composed of three
separate programs: Prevention of
Significant Deterioration (PSD), NNSR,
and Minor NSR. PSD is established in
part C of title I of the CAA and applies
in areas that are designated as meeting
the National Ambient Air Quality
Standards (NAAQS), i.e., ‘‘attainment
areas’’, as well as areas designated as
‘‘unclassifiable’’ because there is
insufficient information to determine if
the area meets the NAAQS. The NNSR
SIP program is established in part D of
title I of the CAA and applies in areas
that are designated as not being in
attainment of the NAAQS, i.e.,
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‘‘nonattainment areas.’’ The Minor NSR
SIP program addresses construction or
modification activities that do not emit,
or have the potential to emit, beyond
certain major source thresholds and
thus do not qualify as ‘‘major’’ and
applies regardless of the designation of
the area in which a source is located.
The revisions to 20.11.60 NMAC
submitted on August 16, 2010 and July
26, 2013 were submitted as revisions to
the City of Albuquerque-Bernalillo
County NNSR permit program and will
be evaluated against the requirements
for NNSR programs at 40 CFR 51.160–
51.165.
A. August 16, 2010, Submittal
On August 16, 2010, the Governor Bill
Richardson submitted revisions to the
New Mexico SIP that incorporated
revisions to the NMAC for the City of
Albuquerque-Bernalillo County. The
August 16, 2010, submittal includes
final revised regulation sections 1, 2, 6,
7, 12 through 27 (including five new
additional sections) in 20.11.60 NMAC,
Permitting in Nonattainment Areas. The
updates that were accepted by the
Albuquerque-Bernalillo County Air
Quality Control Board constitutes the
integration of language that is consistent
with federal NNSR permitting
regulations.
B. July 26, 2013, Submittal
On July 26, 2013, the designee of the
Governor, New Mexico Environment
Department Cabinet Secretary, Ryan
Flynn, submitted revisions to the SIP.
This SIP submittal incorporated
revisions to the NMAC for the City of
Albuquerque-Bernalillo County. It
includes final revised regulation
sections 6, 7, 12, 13, and 15 in 20.11.60
NMAC, Permitting in Nonattainment
Areas. The updates that were accepted
by the Albuquerque-Bernalillo County
Air Quality Control Board constitutes
the integration of language that is
consistent with federal NNSR
permitting regulations.
C. What is not included in today’s
proposed action?
The EPA also received in the August
16, 2010 submittal revisions to
regulations within 20.11.61 NMAC—
Prevention of Significant Deterioration
(PSD) permitting program and
Infrastructure SIP for Particulate Matter
less than 2.5 Micrometers (PM2.5) and
Ozone (O3). In the July 26, 2013
submittals, revisions to regulations
within 20.11.61 NMAC–PSD permitting
program and 20.11.42 NMAC—
Operating Permits were also included.
The revisions to 20.11.61 NMAC were
submitted as revisions to the New
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Mexico SIP. The 20.11.42 NMAC
revisions were submitted as an update
the title V program. As part of this
review, EPA is taking action only on the
submitted revisions to 20.11.60 NMAC.
We are addressing the amended
regulations in 20.11.61 NMAC as part of
separate SIP action (See 80 FR 28901);
for the revisions to 20.11.42 NMAC, it
will be addressed separately in a later
action to update the NM title V program.
II. The EPA’s Evaluation
The current SIP-approved version of
20.11.60 NMAC, Permitting in
Nonattainment Areas, was last approved
by EPA on April 26, 2007, and became
effective on May 29, 2007. See 72 FR
20728. Substantive revisions to the City
of Albuquerque-Bernalillo County
NNSR program amend the existing state
regulations to address the following
federal NNSR requirements
promulgated by the EPA:
• Implementation of the NSR Program
for PM2.5 (73 FR 28321);
• PSD for PM2.5-Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC) (75 FR 64864);
• Final Rule to Implement the 8-hour
Ozone (O3) NAAQS-Phase 2; Final Rule
to Implement Certain Aspects of the
1990 Amendments Relating to NSR and
PSD as They Apply to Carbon Monoxide
(CO), PM and O3 NAAQS (70 FR 71612);
• PSD and NNSR: Reasonable
Possibility in Recordkeeping (72 FR
72607); and
• PSD and NNSR: Reconsideration of
Inclusion of Fugitive Rule; Interim Rule;
Stay and Revisions (76 FR 17548).
Further, the amendments contained in
the two submittals revise the rules to
conform to the latest changes to New
Mexico Air Code for the City of
Albuquerque-Bernalillo County laws
which must continue to meet minimum
federal requirements and include
grammatical and formatting corrections.
In addition, more headings were added
to provide clarity to the rules.
The EPA’s evaluation of the revisions
to the New Mexico SIP for the City of
Albuquerque-Bernalillo County NNSR
program included a line-by-line
comparison in the TSD of the proposed
revisions with the federal requirements.
State and local permitting authorities
may meet the requirements of 40 CFR
part 51 with different but equivalent
regulations. While some permitting
authorities choose to incorporate by
reference the applicable federal rules,
other permitting authorities (such as the
City of Albuquerque-Bernalillo County)
choose to draft rules that track the
federal language but contain differences.
We found that in most cases, the state
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regulatory language is identical to the
federal rule. Where the rules are not
identical, they are at least consistent
and support the federal rules and
definitions. The EPA is therefore
making a preliminary determination
that the City of Albuquerque-Bernalillo
County has adopted the necessary
elements for the NNSR program to
comply with the federal regulatory
requirements for implementation of the
PM2.5 and O3 NAAQS.
III. Proposed Action
We evaluated and are proposing to
approve the revisions to 20.11.60 NMAC
submitted for SIP inclusion on August
16, 2010 and July 26, 2013. The EPA has
made the preliminary determination
that the revisions are approvable
because the submitted rules are adopted
and submitted in accordance with the
CAA and are consistent with the EPA’s
regulations for NNSR permitting at 40
CFR 51.160–51.165. Therefore, under
section 110 and part D of the Act, and
for the reasons presented above and our
accompanying TSD, the EPA proposes
to fully approve the specific revisions to
the New Mexico SIP for the City of
Albuquerque-Bernalillo County as
identified below.
• Revisions to 20.11.60.1 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.2 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.6 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010; and adopted on
April 10, 2013 and submitted on July
26, 2013
• Revisions to 20.11.60.7 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010; and adopted on
April 10, 2013 and submitted on July
26, 2013
• Revisions to 20.11.60.12 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010; and adopted on
April 10, 2013 and submitted on July
26, 2013
• Revisions to 20.11.60.13 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010; and adopted on
April 10, 2013 and submitted on July
26, 2013
• New 20.11.60.14 NMAC as adopted
on July 14, 2010 and submitted on
August 16, 2010;
• New 20.11.60.15 NMAC as adopted
on July 14, 2010 and submitted on
August 16, 2010; and adopted on April
10, 2013 and submitted on July 26, 2013
• New 20.11.60.16 NMAC as adopted
on July 14, 2010 and submitted on
August 16, 2010;
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• Revisions to 20.11.60.17 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.18 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• New 20.11.60.19 NMAC as adopted
on July 14, 2010 and submitted on
August 16, 2010;
• New 11.60.20 NMAC as adopted on
July 14, 2010 and submitted on August
16, 2010;
• Revisions to 20.11.60.21 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.22 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.23 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.24 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.25 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.26 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
• Revisions to 20.11.60.27 NMAC as
adopted on July 14, 2010 and submitted
on August 16, 2010;
The EPA is proposing to find that the
August 16, 2010 and July 26, 2013,
submittals together addresses all
required NNSR elements for the
implementation of the 8-hour ozone
NAAQS and the 1997 and 2006 PM2.5
NAAQS. We note that the City of
Albuquerque-Bernalillo County NNSR
program does not include regulation of
VOCs and ammonia as PM2.5 precursors.
However, section 189(e) of the Act
requires regulation of PM2.5 precursors
that significantly contribute to PM2.5
levels ‘‘which exceed the standard in
the area’’ and PM2.5 levels in the City of
Albuquerque-Bernalillo County do not
currently exceed the standard. In the
event that an area is designated
nonattainment for the 2012 PM2.5
NAAQS or any other future PM2.5
NAAQS, New Mexico for the City of
Albuquerque-Bernalillo County will
have a deadline under section 189(a)(2)
of the CAA to make a submission
addressing the statutory requirements as
to that area, including the requirements
in section 189(e) that apply to the
regulation of PM2.5 precursors.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
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revisions to the New Mexico State
regulations for the City of AlbuquerqueBernalillo County as described in the
Proposed Action section above. We have
made, and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
See, 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).
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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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 12, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015–20898 Filed 8–26–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150304214–5660–01]
RIN 0648–BE94
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Framework Adjustment 4
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
NMFS proposes management
measures recommended by the New
England Fishery Management Council
in Framework Adjustment 4 to the
Atlantic Herring Fishery Management
Plan to further enhance catch
monitoring and address discarding in
the herring fishery. NMFS proposes
measures that would clarify the slippage
definition (i.e., discarding catch before
it has been sampled by an observer),
require limited access herring vessels to
report slippage via the daily vessel
monitoring system catch report, and
require slippage consequence measures.
NMFS also proposes management
measures recommended by the Council
in Framework 4 that would require
volumetric estimates of total catch and
SUMMARY:
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fish holds to be empty of fish before
vessels depart on a herring trip and
seeks public comment on specific issues
with these measures identified by
NMFS. Lastly, NMFS proposes minor
corrections to existing regulations.
DATES: Public comments must be
received by September 28, 2015.
ADDRESSES: The New England Fishery
Management Council developed an
environmental assessment (EA) for this
action that describes the proposed
action and other considered alternatives
and provides a thorough analysis of the
impacts of the proposed measures and
alternatives. Copies of the framework,
the EA, and the Regulatory Impact
Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are
available upon request from Thomas A.
Nies, Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. The
EA/RIR/IRFA is accessible via the
Internet at
www.greateratlantic.fisheries.noaa.gov.
You may submit comments on this
document, identified by NOAA–NMFS–
2015–0067, by any of the following
methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150067, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: John K. Bullard, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
the Herring Framework Adjustment 4
Proposed Rule.’’
• Fax: (978) 281–9135, Attn: Carrie
Nordeen.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
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Agencies
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 52003-52005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20898]
[[Page 52003]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2009-0648; FRL-9931-31-Region 6]
Approval and Promulgation of Implementation Plans; New Mexico;
Nonattainment New Source Review Permitting State Implementation Plan
Revisions for the City of Albuquerque-Bernalillo County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the New Mexico State Implementation Plan (SIP) for
the City of Albuquerque-Bernalillo County. These revisions provide
updates to the City of Albuquerque-Bernalillo County major
Nonattainment New Source Review (NNSR) permit program. The EPA is
proposing this action under section 110 and part D of the Clean Air Act
(CAA or the Act).
DATES: Comments must be received on or before September 28, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2009-0648, by one of the following methods:
https://www.regulations.gov. Follow the online
instructions.
Email: Ms. Erica Le Doux at ledoux.erica@epa.gov.
Mail or delivery: Ms. Erica Le Doux, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2009-0648. 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 https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment along with any disk or
CD-ROM submitted. If 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 and any form of encryption and should be free of
any defects or viruses.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Erica Le Doux, (214) 665-7265,
ledoux.erica@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Le Doux or Mr. Bill Deese at (214)
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The Act at section 110(a)(2)(C) requires states to develop and
submit to the EPA for approval into the state SIP, preconstruction
review programs applicable to new and modified stationary sources of
air pollutants for attainment and nonattainment areas that cover both
major and minor new sources and modifications, collectively referred to
as the NSR SIP. The CAA NSR SIP program is composed of three separate
programs: Prevention of Significant Deterioration (PSD), NNSR, and
Minor NSR. PSD is established in part C of title I of the CAA and
applies in areas that are designated as meeting the National Ambient
Air Quality Standards (NAAQS), i.e., ``attainment areas'', as well as
areas designated as ``unclassifiable'' because there is insufficient
information to determine if the area meets the NAAQS. The NNSR SIP
program is established in part D of title I of the CAA and applies in
areas that are designated as not being in attainment of the NAAQS,
i.e., ``nonattainment areas.'' The Minor NSR SIP program addresses
construction or modification activities that do not emit, or have the
potential to emit, beyond certain major source thresholds and thus do
not qualify as ``major'' and applies regardless of the designation of
the area in which a source is located. The revisions to 20.11.60 NMAC
submitted on August 16, 2010 and July 26, 2013 were submitted as
revisions to the City of Albuquerque-Bernalillo County NNSR permit
program and will be evaluated against the requirements for NNSR
programs at 40 CFR 51.160-51.165.
A. August 16, 2010, Submittal
On August 16, 2010, the Governor Bill Richardson submitted
revisions to the New Mexico SIP that incorporated revisions to the NMAC
for the City of Albuquerque-Bernalillo County. The August 16, 2010,
submittal includes final revised regulation sections 1, 2, 6, 7, 12
through 27 (including five new additional sections) in 20.11.60 NMAC,
Permitting in Nonattainment Areas. The updates that were accepted by
the Albuquerque-Bernalillo County Air Quality Control Board constitutes
the integration of language that is consistent with federal NNSR
permitting regulations.
B. July 26, 2013, Submittal
On July 26, 2013, the designee of the Governor, New Mexico
Environment Department Cabinet Secretary, Ryan Flynn, submitted
revisions to the SIP. This SIP submittal incorporated revisions to the
NMAC for the City of Albuquerque-Bernalillo County. It includes final
revised regulation sections 6, 7, 12, 13, and 15 in 20.11.60 NMAC,
Permitting in Nonattainment Areas. The updates that were accepted by
the Albuquerque-Bernalillo County Air Quality Control Board constitutes
the integration of language that is consistent with federal NNSR
permitting regulations.
C. What is not included in today's proposed action?
The EPA also received in the August 16, 2010 submittal revisions to
regulations within 20.11.61 NMAC--Prevention of Significant
Deterioration (PSD) permitting program and Infrastructure SIP for
Particulate Matter less than 2.5 Micrometers (PM2.5) and
Ozone (O3). In the July 26, 2013 submittals, revisions to
regulations within 20.11.61 NMAC-PSD permitting program and 20.11.42
NMAC--Operating Permits were also included. The revisions to 20.11.61
NMAC were submitted as revisions to the New
[[Page 52004]]
Mexico SIP. The 20.11.42 NMAC revisions were submitted as an update the
title V program. As part of this review, EPA is taking action only on
the submitted revisions to 20.11.60 NMAC. We are addressing the amended
regulations in 20.11.61 NMAC as part of separate SIP action (See 80 FR
28901); for the revisions to 20.11.42 NMAC, it will be addressed
separately in a later action to update the NM title V program.
II. The EPA's Evaluation
The current SIP-approved version of 20.11.60 NMAC, Permitting in
Nonattainment Areas, was last approved by EPA on April 26, 2007, and
became effective on May 29, 2007. See 72 FR 20728. Substantive
revisions to the City of Albuquerque-Bernalillo County NNSR program
amend the existing state regulations to address the following federal
NNSR requirements promulgated by the EPA:
Implementation of the NSR Program for PM2.5 (73
FR 28321);
PSD for PM2.5-Increments, Significant Impact
Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR
64864);
Final Rule to Implement the 8-hour Ozone (O3)
NAAQS-Phase 2; Final Rule to Implement Certain Aspects of the 1990
Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide
(CO), PM and O3 NAAQS (70 FR 71612);
PSD and NNSR: Reasonable Possibility in Recordkeeping (72
FR 72607); and
PSD and NNSR: Reconsideration of Inclusion of Fugitive
Rule; Interim Rule; Stay and Revisions (76 FR 17548).
Further, the amendments contained in the two submittals revise the
rules to conform to the latest changes to New Mexico Air Code for the
City of Albuquerque-Bernalillo County laws which must continue to meet
minimum federal requirements and include grammatical and formatting
corrections. In addition, more headings were added to provide clarity
to the rules.
The EPA's evaluation of the revisions to the New Mexico SIP for the
City of Albuquerque-Bernalillo County NNSR program included a line-by-
line comparison in the TSD of the proposed revisions with the federal
requirements. State and local permitting authorities may meet the
requirements of 40 CFR part 51 with different but equivalent
regulations. While some permitting authorities choose to incorporate by
reference the applicable federal rules, other permitting authorities
(such as the City of Albuquerque-Bernalillo County) choose to draft
rules that track the federal language but contain differences. We found
that in most cases, the state regulatory language is identical to the
federal rule. Where the rules are not identical, they are at least
consistent and support the federal rules and definitions. The EPA is
therefore making a preliminary determination that the City of
Albuquerque-Bernalillo County has adopted the necessary elements for
the NNSR program to comply with the federal regulatory requirements for
implementation of the PM2.5 and O3 NAAQS.
III. Proposed Action
We evaluated and are proposing to approve the revisions to 20.11.60
NMAC submitted for SIP inclusion on August 16, 2010 and July 26, 2013.
The EPA has made the preliminary determination that the revisions are
approvable because the submitted rules are adopted and submitted in
accordance with the CAA and are consistent with the EPA's regulations
for NNSR permitting at 40 CFR 51.160-51.165. Therefore, under section
110 and part D of the Act, and for the reasons presented above and our
accompanying TSD, the EPA proposes to fully approve the specific
revisions to the New Mexico SIP for the City of Albuquerque-Bernalillo
County as identified below.
Revisions to 20.11.60.1 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.2 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.6 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010; and adopted on April 10, 2013 and
submitted on July 26, 2013
Revisions to 20.11.60.7 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010; and adopted on April 10, 2013 and
submitted on July 26, 2013
Revisions to 20.11.60.12 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010; and adopted on April 10, 2013 and
submitted on July 26, 2013
Revisions to 20.11.60.13 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010; and adopted on April 10, 2013 and
submitted on July 26, 2013
New 20.11.60.14 NMAC as adopted on July 14, 2010 and
submitted on August 16, 2010;
New 20.11.60.15 NMAC as adopted on July 14, 2010 and
submitted on August 16, 2010; and adopted on April 10, 2013 and
submitted on July 26, 2013
New 20.11.60.16 NMAC as adopted on July 14, 2010 and
submitted on August 16, 2010;
Revisions to 20.11.60.17 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.18 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
New 20.11.60.19 NMAC as adopted on July 14, 2010 and
submitted on August 16, 2010;
New 11.60.20 NMAC as adopted on July 14, 2010 and
submitted on August 16, 2010;
Revisions to 20.11.60.21 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.22 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.23 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.24 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.25 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.26 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
Revisions to 20.11.60.27 NMAC as adopted on July 14, 2010
and submitted on August 16, 2010;
The EPA is proposing to find that the August 16, 2010 and July 26,
2013, submittals together addresses all required NNSR elements for the
implementation of the 8-hour ozone NAAQS and the 1997 and 2006
PM2.5 NAAQS. We note that the City of Albuquerque-Bernalillo
County NNSR program does not include regulation of VOCs and ammonia as
PM2.5 precursors. However, section 189(e) of the Act
requires regulation of PM2.5 precursors that significantly
contribute to PM2.5 levels ``which exceed the standard in
the area'' and PM2.5 levels in the City of Albuquerque-
Bernalillo County do not currently exceed the standard. In the event
that an area is designated nonattainment for the 2012 PM2.5
NAAQS or any other future PM2.5 NAAQS, New Mexico for the
City of Albuquerque-Bernalillo County will have a deadline under
section 189(a)(2) of the CAA to make a submission addressing the
statutory requirements as to that area, including the requirements in
section 189(e) that apply to the regulation of PM2.5
precursors.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference
[[Page 52005]]
revisions to the New Mexico State regulations for the City of
Albuquerque-Bernalillo County as described in the Proposed Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See, 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).
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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 12, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-20898 Filed 8-26-15; 8:45 am]
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