Approval and Promulgation of Implementation Plans; New Mexico; Nonattainment New Source Review Permitting State Implementation Plan Revisions for the City of Albuquerque-Bernalillo County, 69874-69876 [2015-28648]
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69874
Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
and Fireworks taking place on
November 28, 2015. This action is
necessary to ensure safety of life on
navigable waters of the United States
during the Savannah Harbor Boat
Parade of Lights and Fireworks. During
the enforcement period, the special
local regulation establishes a regulated
area which will prohibit all people and
vessels from entering. No person or
vessel may enter, transit through,
anchor in, or remain within the area
without permission of the Captain of the
Port Savannah, or a designated
representative.
The regulation in 33 CFR
100.701 Table 1 will be enforced from
5 p.m. to 10 p.m. on November 28, 2015.
DATES:
If
you have questions on this notice, call
or email MST1 Cliffton Hendry, Marine
Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone 912–652–4353, extension
243, or email Cliffton.R.Hendry@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the special local
regulation for the Savannah Parade of
Lights and Fireworks in 33 CFR 100.701
Table 1 from 5 p.m. to 10 p.m. on
November 28, 2015.
Under the provisions of 33 CFR
100.701 no person or vessel may enter
the regulated area, unless they receive
permission to do so from the Captain of
the Port Savannah, or a designated
representative. This temporary rule
creates a regulated area that will
encompass the entire Savannah River in
Savannah, GA beginning at the
Talmadge Bridge near River Street,
coordinates 32°05′20″ N., 081°05′56.3″
W., and proceeding down river to a line
drawn at 146 degrees true from day
board 62, approximate coordinates are:
32°04′48.7″ N., 081°04′47.9″ W.
Spectator vessels may safely transit
outside the regulated area, but may not
anchor, block, loiter in, or impede the
transit of festival participants or official
patrol vessels. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 100.701 and 5 U.S.C. 552(a).
The Coast Guard will provide notice of
the regulated areas by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
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SUPPLEMENTARY INFORMATION:
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Dated: October 26, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of
the Port, Savannah.
[FR Doc. 2015–28792 Filed 11–10–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2009–0648; FRL–9936–86–
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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the New Mexico State Implementation
Plan (SIP) for the City of AlbuquerqueBernalillo 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: This final rule is effective on
December 14, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2009–0648. 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
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT: Ms.
Erica Le Doux, (214) 665–7265,
ledoux.erica@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
SUMMARY:
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I. Background
The background for today’s action is
discussed in detail in our August 27,
2015 proposal (80 FR 52003). In that
notice, we proposed to approve updates
to the New Mexico SIP for the City of
Albuquerque-Bernalillo County
Nonattainment New Source Review
(NNSR) permitting program at 20.11.60
NMAC as submitted on August 16, 2010
and July 26, 2013. These revisions were
submitted to address the following
federal requirements for NNSR:
• 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);
• Implementation of the 8-hour
Ozone (O3) NAAQS-Phase; 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 (76 FR 17548).
We did not receive any comments
regarding our proposal.
II. Final Action
We are approving severable portions
of SIP submittals for the New Mexico
SIP for the City of AlbuquerqueBernalillo County NNSR permitting
program submitted on August 16, 2010,
and July 26, 2013. The EPA has
determined that the submitted rules
were adopted and submitted in
accordance with the CAA and are
consistent with our regulations and
policies regarding NNSR permitting.
Therefore, we are taking final action
under section 110 and part D of the
CAA to approve the following as
revisions to the New Mexico SIP for the
City of Albuquerque-Bernalillo County:
• 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
August 16, 2010;
• Revisions to 20.11.60.6 NMAC as
adopted on July 14, 2010 and submitted
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
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
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
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
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 August
16, 2010;
• New 20.11.60.15 NMAC as adopted
July 14, 2010 and submitted August 16,
2010, and revisions 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 August
16, 2010;
• Revisions to 20.11.60.17 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010;
• Revisions to 20.11.60.18 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010;
• New 20.11.60.19 NMAC as adopted
on July 14, 2010 and submitted August
16, 2010;
• New 20.11.60.20 NMAC as adopted
on July 14, 2010 and submitted August
16, 2010;
• Revisions to 20.11.60.21 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010;
• Revisions to 20.11.60.22 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010;
• Revisions to 20.11.60.23 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010;
• Revisions to 20.11.60.24 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010;
• Revisions to 20.11.60.25 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010;
• Revisions to 20.11.60.26 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010; and
• Revisions to 20.11.60.27 NMAC as
adopted on July 14, 2010 and submitted
August 16, 2010.
The EPA finds that the August 16,
2010 and July 26, 2013, submittals
together address 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 AlbuquerqueBernalillo County do not currently
exceed the standard. In the event that an
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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.
III. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the New Mexico for the City
of Albuquerque-Bernalillo County
regulations as described in the Final
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.
IV. 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, the 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);
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69875
• 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 11, 2016.
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).)
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69876
Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
Dated: October 29, 2015.
Ron Curry,
Regional Administrator, Region 6.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart GG—New Mexico
2. In § 52.1620(c) the second table
titled ‘‘EPA Approved Albuquerque/
Bernalillo County, NM Regulations’’ is
amended by revising the entry for ‘‘Part
60 (20.11.60)’’ to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1620
1. The authority citation for part 52
continues to read as follows:
■
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State citation
State
approval/
effective
date
Title/subject
EPA approval date
Explanation
New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality
Board
*
Part 60 (20.11.60) ............
*
*
*
*
*
Permitting in Nonattainment Areas.
*
*
*
*
4/10/2013
*
*
[FR Doc. 2015–28648 Filed 11–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0289; FRL–9936–65–
Region 9]
Approval of California Air Plan
Revisions, Imperial County Air
Pollution Control District
*
*
11/12/2015 [Insert Federal Register citation].
*
*
reasonably available control technology
(RACT) requirements under the 1997 8hour National Ambient Air Quality
Standards (NAAQS) for ozone. This
submitted SIP revision also contains
ICAPCD’s negative declarations for
certain volatile organic compound
(VOC) source categories. We are
approving this document under the
Clean Air Act (CAA or the Act).
This rule is effective on
December 14, 2015.
DATES:
The EPA has established
docket number EPA–R09–OAR–2015–
0289 for this action. Generally,
documents in the docket for this action
are available electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California 94105–3901.
While all documents in the docket are
listed at https://www.regulations.gov,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Imperial
County Air Pollution Control District
(ICAPCD) portion of the California State
Implementation Plan (SIP). This
revision concerns the District’s
SUMMARY:
*
*
*
multi-volume reports), and some may
not be available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
James Shears, EPA Region IX, (213)
244–1810, shears.james@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On September 1, 2015 (80 FR 52710),
the EPA proposed to approve the
following document into the California
SIP.
Document
Adopted
Submitted
ICAPCD ...........................................
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Local agency
Final 2009 Reasonably Available Control Technology State Implementation Plan (‘‘2009 RACT SIP’’).
07/13/10
12/21/10
ICAPCD’s submittal also included the
following negative declarations which
the District certified that it had no
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sources subject to the control techniques
guidelines (CTG) documents.
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]]>Agencies
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69874-69876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28648]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2009-0648; FRL-9936-86-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
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: This final rule is effective on December 14, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2009-0648. 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 the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Ms. Erica Le Doux, (214) 665-7265,
ledoux.erica@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for today's action is discussed in detail in our
August 27, 2015 proposal (80 FR 52003). In that notice, we proposed to
approve updates to the New Mexico SIP for the City of Albuquerque-
Bernalillo County Nonattainment New Source Review (NNSR) permitting
program at 20.11.60 NMAC as submitted on August 16, 2010 and July 26,
2013. These revisions were submitted to address the following federal
requirements for NNSR:
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);
Implementation of the 8-hour Ozone (O3) NAAQS-
Phase; 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 (76 FR 17548).
We did not receive any comments regarding our proposal.
II. Final Action
We are approving severable portions of SIP submittals for the New
Mexico SIP for the City of Albuquerque-Bernalillo County NNSR
permitting program submitted on August 16, 2010, and July 26, 2013. The
EPA has determined that the submitted rules were adopted and submitted
in accordance with the CAA and are consistent with our regulations and
policies regarding NNSR permitting. Therefore, we are taking final
action under section 110 and part D of the CAA to approve the following
as revisions to the New Mexico SIP for the City of Albuquerque-
Bernalillo County:
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 August 16, 2010;
Revisions to 20.11.60.6 NMAC as adopted on July 14, 2010
and submitted 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 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
[[Page 69875]]
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 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 August 16, 2010;
New 20.11.60.15 NMAC as adopted July 14, 2010 and
submitted August 16, 2010, and revisions 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 August 16, 2010;
Revisions to 20.11.60.17 NMAC as adopted on July 14, 2010
and submitted August 16, 2010;
Revisions to 20.11.60.18 NMAC as adopted on July 14, 2010
and submitted August 16, 2010;
New 20.11.60.19 NMAC as adopted on July 14, 2010 and
submitted August 16, 2010;
New 20.11.60.20 NMAC as adopted on July 14, 2010 and
submitted August 16, 2010;
Revisions to 20.11.60.21 NMAC as adopted on July 14, 2010
and submitted August 16, 2010;
Revisions to 20.11.60.22 NMAC as adopted on July 14, 2010
and submitted August 16, 2010;
Revisions to 20.11.60.23 NMAC as adopted on July 14, 2010
and submitted August 16, 2010;
Revisions to 20.11.60.24 NMAC as adopted on July 14, 2010
and submitted August 16, 2010;
Revisions to 20.11.60.25 NMAC as adopted on July 14, 2010
and submitted August 16, 2010;
Revisions to 20.11.60.26 NMAC as adopted on July 14, 2010
and submitted August 16, 2010; and
Revisions to 20.11.60.27 NMAC as adopted on July 14, 2010
and submitted August 16, 2010.
The EPA finds that the August 16, 2010 and July 26, 2013,
submittals together address 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.
III. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the New Mexico for the City of Albuquerque-Bernalillo
County regulations as described in the Final 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.
IV. 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, the 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 11, 2016. 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).)
[[Page 69876]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 29, 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. 52.1620(c) the second table titled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' is amended by revising
the entry for ``Part 60 (20.11.60)'' to read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
County Air Quality Board
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 60 (20.11.60).............. Permitting in 4/10/2013 11/12/2015 [Insert
Nonattainment Federal Register
Areas. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-28648 Filed 11-10-15; 8:45 am]
BILLING CODE 6560-50-P
