Approval and Promulgation of Air Quality Implementation Plans; New Mexico; and Albuquerque/Bernalillo County; Revisions To Establish Small Business Stationary Source Technical and Environmental Compliance Assistance Programs, 12595-12599 [2016-05162]
Download as PDF
<![CDATA[
jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
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 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 May 9, 2016. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
VerDate Sep<11>2014
14:38 Mar 09, 2016
Jkt 238001
12595
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Albuquerque/Bernalillo County. These
revisions establish Small Business
Stationary Source Technical and
Environmental Compliance Assistance
Programs. The EPA is approving these
revisions pursuant to section 110 and
section 507(a) of the Clean Air Act
(CAA).
Dated: February 22, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
This rule is effective on May 9,
2016 without further notice unless EPA
receives relevant adverse comments by
April 11, 2016. If EPA receives such
comments, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2014–0642, at https://
www.regulations.gov or via email to
walser.john@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact John Walser, 214–665–7128,
walser.john@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov
index and in hard copy at EPA Region
6, 1445 Ross Avenue, Suite 700, Dallas,
Texas. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available at either
location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr.
John Walser (6PD–L), (214) 665–7128,
walser.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
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.
2. Section 52.1885 is amended by
adding paragraph (mm) to read as
follows:
■
§ 52.1885
Control Strategy: Ozone.
*
*
*
*
*
(mm) On July 18, 2014, Ohio
submitted 2008 volatile organic
compounds and oxides of nitrogen
emission inventories for the ClevelandAkron-Lorain and Columbus ozone
nonattainment areas and for the Ohio
portion of the Cincinnati, OhioKentucky-Indiana ozone nonattainment
areas as revisions to the Ohio state
implementation plan. The documented
emission inventories are approved as a
revision of the state’s implementation
plan, meeting emission inventory
requirements for the 2008 ozone
national ambient air quality standard.
[FR Doc. 2016–05273 Filed 3–9–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0642; FRL–9943–43–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; and Albuquerque/Bernalillo
County; Revisions To Establish Small
Business Stationary Source Technical
and Environmental Compliance
Assistance Programs
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the New Mexico State Implementation
Plan (SIP) for both the State and
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
DATES:
E:\FR\FM\10MRR1.SGM
10MRR1
12596
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
Table of Contents
I. Background
A. What is a SIP?
B. Small Business Assistance Program
(SBAP)
II. Overview of the November 5 and
November 16, 1992 State Submittals
A. New Mexico
B. Albuquerque
C. General
III. Plan Requirements and Our Evaluation
A. Small Business Assistance Program
B. Ombudsman
C. Compliance Assistance Panel (CAP)
D. Eligibility
E. Section 110(l)
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
jstallworth on DSK7TPTVN1PROD with RULES
A. What is a SIP?
Section 110 of the CAA requires states
to develop air pollution regulations and
control strategies to ensure that air
quality meets the National Ambient Air
Quality Standards (NAAQS) established
by EPA. The NAAQS are established
under section 109 of the CAA and
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. A SIP is a set of air
pollution regulations, control strategies,
other means or techniques, and
technical analyses developed by the
state, to ensure that air quality in the
state meets the NAAQS. It is required by
section 110 and other provisions of the
CAA. A SIP protects air quality
primarily by addressing air pollution at
its point of origin. SIPs can be extensive,
containing state regulations or other
enforceable documents, and supporting
information such as city and county
ordinances, monitoring networks, and
modeling demonstrations. Each state
must submit any SIP revision to EPA for
approval and incorporation into the
federally-enforceable SIP.
The New Mexico SIP includes a
variety of control strategies, including
the regulations that outline general
provisions applicable to and
implemented by the Albuquerque/
Bernalillo County Air Quality Control
Board (AQCB).
B. Small Business Assistance Program
Implementation of the provisions of
the CAA, as amended in 1990, requires
regulation of many small businesses so
that areas may attain and maintain the
national ambient air quality standards
(NAAQS) and reduce the emissions of
air toxics. Small businesses frequently
lack the technical expertise and
financial resources necessary to evaluate
state regulations and to determine the
appropriate mechanisms for
compliance. Congress anticipated the
VerDate Sep<11>2014
14:38 Mar 09, 2016
Jkt 238001
impact of these requirements on small
businesses and, accordingly, required in
CAA section 507 that each state submit
a SIP revision with plans for
establishing a Small Business Stationary
Source Technical and Environmental
Compliance Assistance Program
(Program). A key Program requirement
outlined in CAA section 507(a), is the
establishment of a Small Business
Assistance Program (SBAP) to provide
technical and compliance assistance to
small businesses. In January 1992, the
EPA issued ‘‘Guidelines for the
Implementation of Section 507 of the
1990 Clean Air Act Amendments,’’ in
order to delineate the Federal and State
roles in meeting the new statutory
provisions, and as a tool to provide
further guidance to states on submitting
acceptable SIP revisions. That guidance
described the SBAP as the ‘‘core’’ of a
state’s Program, because the SBAP is,
‘‘where the actual assistance to small
businesses occurs.’’ 1
II. Overview of the November 5 and
November 16, 1992 State Submittals
A. New Mexico
On November 5, 1992, the Governor
of New Mexico submitted revisions to
the New Mexico SIP to establish the
Program. The submittal was adopted by
the Environmental Improvement Board
(EIB) on October 9, 1992, consistent
with the public notice requirements of
CAA section 110(l). The revisions
established a Program for the State of
New Mexico, excluding Albuquerque/
Bernalillo County.
The November 5, 1992 revisions to
the SIP were in the form of a narrative
commitment for full implementation of
the Program by November 15, 1994 and
a commitment to coincide with the
effective date of the State’s operating
permit program. The Ombudsman
(Director of Strategic Initiatives and
Special Projects) is located in the Office
of the NMED Secretary and was
appointed before November 15, 1994, to
represent the interests of small
businesses, as they relate to the
implementation of Section 507(a)(3) of
the CAA.
In addition to designating a State
Ombudsman to satisfy CAA section
507(a)(3), the State submitted its plans
for the creation of a state SBAP. The
State explained that the technical
component of the SBAP would consist
of state technical experts who would
respond to requests for assistance from
small businesses. The state explained
that these technical staff would be
1 U.S. EPA, ‘‘Guidelines for the Implementation of
Section 507 of the 1990 Clean Air Act
Amendments’’ (January 1992) at vii.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
located in the Air Quality Bureau’s
Planning Section, and would respond to
permitting and compliance questions.
As part of the SBAP, New Mexico’s
submission detailed the adequate
mechanisms and procedures that would
satisfy the remaining requirements of
CAA section 507(a)(1)–(2), (4)–(7).
B. Albuquerque
On November 16, 1992, The Governor
of New Mexico submitted revisions to
the New Mexico SIP for Albuquerque/
Bernalillo County. The submittal was
adopted by the Air Quality Control
Board on October 7, 1992, consistent
with the public notice requirements of
CAA section 110(l). The revisions
establish the Small Business Stationary
Source Technical and Environmental
Compliance Program for Albuquerque/
Bernalillo County.
The November 16, 1992 revisions to
the SIP were in the form of a narrative
commitment for full implementation of
the SBAP by November 15, 1994 and a
commitment to coincide with the
effective date of the State’s operating
permit program. The Small Business
Ombudsman is in the office of the
Albuquerque Environmental Health
Director (AEHD). The establishment of a
SBAP for providing technical and
compliance assistance to small
businesses was committed to be in the
AEHD Air Pollution Control Division’s
Planning Section to give small
businesses correct technical, permitting
and compliance information for all
applicable CAA requirements.
C. General
In an August 28, 2015 letter, the State
of New Mexico withdrew the elements
of the 1992 SIP pertaining to the
Compliance Assistance Panel (CAP), a
requirement of CAA section 507(e) that
EPA has historically viewed as a
required component of the Program.
Since the New Mexico legislature
created one CAP for both the State and
Albuquerque/Bernalillo County, the
withdrawal, therefore, applies to both
the State and Albuquerque/Bernalillo
County.2
Through an administrative oversight,
these SIP revisions were not acted upon
when submitted. EPA is now moving
forward to take action on these revisions
as part of our national SIP backlog
reduction efforts.
2 August 28, 2015 Letter from Ryan Flynn,
Secretary, State of New Mexico Environment
Department, to Ron Curry, Regional Administrator
for EPA Region 6, to withdraw the CAP from the
1992 SIP submittal.
E:\FR\FM\10MRR1.SGM
10MRR1
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
III. Plan Requirements and Our
Evaluation
Section 507 of the CAA describes
three broad sets of requirements: (1) The
establishment of a Small Business
Assistance Program (SBAP) to provide
technical and compliance assistance to
small businesses; (2) the establishment
of a State Small Business Ombudsman
to represent the interests of small
business in the regulatory process; and
(3) the creation of a Compliance
Advisory Panel (CAP) ‘‘on the State
level’’ to determine and report on the
overall effectiveness of the SBAP.
jstallworth on DSK7TPTVN1PROD with RULES
A. Small Business Assistance Program
The overarching purpose of
establishing an SBAP is to provide
technical and compliance assistance to
small businesses. As interpreted by
EPA, CAA section 507(a) sets forth six
requirements which must be met by the
State in order to have an approvable
SBAP.3 The first SBAP requirement is
for the State to establish adequate
mechanisms for developing, collecting
and coordinating information
concerning compliance methods and
technologies for small business
stationary sources, and programs to
encourage lawful cooperation among
such sources and other persons to
further compliance with the CAA.4
The second SBAP requirement is that
the State establish adequate
mechanisms for assisting small business
stationary sources with pollution
prevention and accidental release
detection and prevention, including
providing information concerning
alternative technologies, process
changes, products and methods of
operation that help reduce air
pollution.5
The third SBAP requirement is to
develop a compliance and technical
assistance program for small business
stationary sources which assists small
businesses in determining applicable
requirements and in receiving permits
under the Act in a timely and efficient
manner.6
The fourth SBAP requirement is to
develop adequate mechanisms to assure
that small business stationary sources
receive notice of their rights under the
CAA in such manner and form as to
assure reasonably adequate time for
such sources to evaluate compliance
3 Notably, section 507(a) sets forth seven
requirements, in subsections (1)–(7). The third of
these, section 507(a)(3), requires the establishment
of an Ombudsman Office—a key Program element.
The Ombudsman requirement of section 507(a)(3) is
discussed in the next section.
4 See CAA section 507(a)(1).
5 See id. section 507(a)(2).
6 See id. section 507(a)(4).
VerDate Sep<11>2014
14:38 Mar 09, 2016
Jkt 238001
methods or final regulation or standards
issued under the Act.7
The fifth SBAP requirement is to
develop adequate mechanisms for
informing small business stationary
sources of their obligation under the
CAA, including mechanisms for
referring such sources to qualified
auditors or, at the option of the State, for
providing audits of operations of such
sources to determine compliance with
the CAA.8
The sixth SBAP requirement is to
develop procedures for consideration of
requests from a small business
stationary source for modification of:
(A) Any work practice or technological
method of compliance; or (B) the
schedule of milestones for
implementing such work practice or
method of compliance preceding any
applicable compliance date based on the
technological and financial capability of
any such small business stationary
source.9
The SIP narratives for both the State
and Albuquerque/Bernalillo County
discuss how their respective SBAPs
meet the above requirements, and
include further information about how
each entity expects to implement and
maintain their Programs. Further
explanation of our analysis of the
adequacy of the submissions with
respect to the SBAP requirements can be
found in the TSD for this action.
B. Ombudsman
Section 507(a) also requires states to
establish a State Small Business
Ombudsman to represent the interests of
small businesses in the regulatory
process. CAA section 507(a)(3) requires
the designation of a State office to serve
as the Ombudsman for small business
stationary sources. The State has met
this requirement by appointing an
Ombudsman in the Office of the NMED
Secretary in 1992. Albuquerque/
Bernalillo County met this requirement
by committing to appoint an
Ombudsman in the Office of the
Albuquerque Environmental Health
Department before the November 15,
1994 statutory deadline.
C. Compliance Advisory Panel (CAP)
In addition to the SBAP and
Ombudsman, CAA section 507
envisions the creation of a Compliance
Advisory Panel (CAP) ‘‘on the State
level’’ to, among other things, evaluate
and report on the overall effectiveness
of the SBAP.10 Congress narrowly
7 See
id. section 507(a)(5).
id. section 507(a)(6).
9 See id. section 507(a)(7).
10 See id. section 507(e)(1).
8 See
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
12597
prescribed the membership of the CAP,
including which state officials would be
responsible for appointing members
representing various interests.11 At the
time of the submittal in 1992, the New
Mexico program included a statewide
CAP that met these stringent
requirements, and which New Mexico
believed was a required Program
element because of EPA’s 1992 Program
Guidance. Since that time, however, and
after having a CAP in place for over 10
years, the State did not continue to
operate a CAP. As mentioned
previously, the State withdrew the
portions of its SIP submission regarding
the CAP in a letter dated August 28,
2015, a copy of which may be found in
the docket for this action.
Although EPA has historically viewed
the CAP as a necessary component of a
Program, the Agency no longer believes
that to be the case. In CAA section
507(a), Congress directed that EPA
‘‘shall approve’’ a Program if it meets
the criteria outlined in section
507(a)(1)–(7). The requirement for the
creation of a CAP, located in section
507(e), is not one of those criteria. This
distinguishes the CAP from the
requirements to designate a state office
to serve as Ombudsman or to establish
an SBAP, which are criteria for Program
approval in CAA section 507(a).
Although a State may submit a CAP for
inclusion as a component of its
Program—and indeed, EPA still believes
that CAPs serve an important role in the
continued operational success of a
Program—Congress, in locating the CAP
requirement in section 507(e),
envisioned that the requirement to
create a CAP would be severable from
the Program requirements outlined in
section 507(a). Accordingly, New
Mexico’s withdrawal of the CAP portion
of its SIP submission does not prevent
EPA from acting on the remainder of the
submission. EPA believes that New
Mexico, including Albuquerque/
Bernalillo County, continues to operate
a robust SBAP providing the required
services to eligible small businesses.
Before taking an action that, as here,
differs from past guidance or practice,
EPA’s internal practices direct Regional
Offices to follow a SIP consistency
process to ensure consistency in across
regional actions. The SIP consistency
process was established in 1995 as part
of the delegation to Regional
Administrators of SIPs and SIP revision
approval/disapprovals actions.12
11 See
id. section 507(e)(2).
Memorandum from William L. Wehrum,
Acting Assistant Administrator, to Air Division
Directors, Regions I–X (September 7, 2005)
12 See
Continued
E:\FR\FM\10MRR1.SGM
10MRR1
12598
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
Pursuant to 40 CFR 56.6(b) and the
SIP consistency guidelines, EPA Region
6 followed this process. Pursuant to the
SIP consistency process, EPA Region 6
consulted with all other EPA regional
offices, the Office of Air and Radiation,
and the Office of General Counsel.
Region 6 received no objections to this
shift in approach.
EPA is approving the New Mexico
and Albuquerque Small Business
Assistance Programs as revised with the
withdrawal of the element relating to
the CAP. Approval in the SIP will
support state and local efforts to
maintain their respective Programs.
D. Eligibility
While not a required Program
element, it is also important that the SIP
establishes criteria and procedures for
determining the eligibility of a source to
receive assistance under the Program.
Section 507(c)(1) of the CAA defines the
term ‘‘small business stationary source’’
as a stationary source that:
(a) Is owned or operated by a person
who employs 100 or fewer individuals;
(b) Is a small business concern as
defined in the Small Business Act;
(c) Is not a major stationary source;
(d) Does not emit 50 tons per year
(tpy) or more of any regulated pollutant;
and
(e) Emits less than 75 tpy of all
regulated pollutants.
The State of New Mexico has
established a mechanism for
ascertaining the eligibility of a source to
receive assistance under the Program,
including an evaluation of a source’s
eligibility using the criteria in section
507(c)(1) of the CAA. This mechanism
is described in the state’s narrative SIP
revision.
The State has also provided for
exclusion from the small business
stationary source definition, after
consultation with the EPA and the
Small Business Administration
Administrator and after providing
notice and opportunity for public
hearing, of any category or subcategory
of sources that the State determines to
have sufficient technical and financial
capabilities to meet the requirements of
the CAA.
jstallworth on DSK7TPTVN1PROD with RULES
E. Section 110(l)
Section 110(l) of the Act provides that
a SIP revision must be adopted by a
State after reasonable notice and public
hearing. The submitted revisions
address the City of Albuquerque/
Bernalillo County and the State of New
Mexico’s Small Business Assistance
(outlining the process). A copy of that
memorandum is included in the docket.
VerDate Sep<11>2014
14:38 Mar 09, 2016
Jkt 238001
Programs, as discussed in Section II of
this preamble. Additionally, CAA
section 110(l) states that the EPA cannot
approve a SIP revision if that revision
would interfere with any applicable
requirement regarding attainment,
reasonable further progress (RFP) or any
requirement established in the CAA.
The revisions do not interfere with any
applicable requirement. To the contrary,
they enhance the current SIP by
providing for technical and compliance
assistance for small businesses.
IV. Final Action
Pursuant to sections 110 and 507 of
the Act, EPA is approving through a
direct final action, revisions to the New
Mexico SIP that were submitted on
November 5, 1992 and November 16,
1992. We evaluated the state’s
submittals and determined that they
meet the applicable requirements of the
CAA section 507(a). Also, in accordance
with CAA section 110(l), the proposed
revisions will not interfere with
attainment of the NAAQS, reasonable
further progress, or any other applicable
requirement of the CAA. Finally, this
approval is in accordance with 40 CFR
56.6(b) and our SIP consistency
guidelines. These revisions do not apply
to Indian lands over which the State or
the AQCB lacks jurisdiction.
EPA is publishing this rule without
prior proposal because we view these as
non-controversial amendments and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on May 9, 2016 without
further notice unless we receive relevant
adverse comments by April 11, 2016. If
we receive relevant adverse comments,
we will publish a timely withdrawal of
this direct final rulemaking in the
Federal Register informing the public
that the direct final rule will not take
effect. We will address all public
comments in a subsequent final rule
based on the proposed rule. We will not
institute a second comment period on
this action. Any parties interested in
commenting must do so now. Please
note that if we receive adverse comment
on an amendment, paragraph, or section
of this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely 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 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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
E:\FR\FM\10MRR1.SGM
10MRR1
12599
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
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 May 9, 2016. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this rule for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 24, 2016.
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 § 52.1620(e), the second table in
paragraph (e), entitled ‘‘EPA-Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico
SIP’’ is amended by adding two new
entries at the end of the table to read as
follows:
■
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable geographic of
nonattainment area
Name of SIP Revision
*
*
*
Small Business Stationary Source Technical and Environmental Compliance Assistance Program.
Small Business Stationary Source Technical and Environmental Compliance Assistance Program.
*
Statewide, excluding
Bernalillo County.
Albuquerque/Bernalillo
County.
State
submittal/
effective date
*
11/05/1992
11/16/1992
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
[FR Doc. 2016–05162 Filed 3–9–16; 8:45 am]
BILLING CODE 6560–50–P
45 CFR Parts 1201, 2505, 2507, and
2508
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
RIN 3045–AA64
Centers for Medicare & Medicaid
Services
Change of Address for the Corporation
for National and Community Service
(CNCS)
42 CFR Part 435
AGENCY:
Eligibility in the States, District of
Columbia, the Northern Mariana
Islands, and American Samoa
SUMMARY:
jstallworth on DSK7TPTVN1PROD with RULES
In Title 42 of the Code of Federal
Regulations, Parts 430 to 481, revised as
of October 1, 2015, on page 161, in
§ 435.301, in paragraph (b)(2)(iii),
remove the term ‘‘435.330.320’’ and add
the term ‘‘435.320’’ in its place.
[FR Doc. 2016–05484 Filed 3–9–16; 8:45 am]
BILLING CODE 1505–01–D
VerDate Sep<11>2014
14:38 Mar 09, 2016
Jkt 238001
The Corporation for National
and Community Service (CNCS) is
updating its regulations to reflect a
change of address. CNCS headquarters
moved to 250 E Street SW., Washington,
DC 20525, effective January 25, 2016.
DATES: This rule is effective March 10,
2016.
FOR FURTHER INFORMATION CONTACT:
Phyllis Green, Executive Assistant,
Office of General Counsel, at 202–606–
6709 or email to pgreen@cns.gov.
Individuals who use a
PO 00000
Frm 00027
Fmt 4700
*
3/10/2016, [Insert Federal
Register Citation].
3/10/2016, [Insert Federal
Register Citation].
Explanation
*
telecommunications device for the deaf
(TTY–TDD) may call 1–800–833–3722
between 8:00 a.m. and 8:00 p.m. Eastern
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
I. Background
Corporation for National and
Community Service.
ACTION: Final rule.
CFR Correction
EPA approval date
Sfmt 4700
The Corporation for National and
Community Service (CNCS) is a federal
agency that engages more than five
million Americans in service through its
AmeriCorps, Senior Corps, Social
Innovation Fund, and Volunteer
Generation Fund programs, and leads
the President’s national call to service
initiative, United We Serve. For more
information, visit
www.nationalservice.gov.
On January 25, 2016, CNCS
headquarters relocated to 250 E Street,
SW., Washington, DC 20525. This rule
updates CNCS’s physical and internet
address where it is referenced in CNCS
regulations.
E:\FR\FM\10MRR1.SGM
10MRR1
]]>Agencies
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12595-12599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05162]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0642; FRL-9943-43-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; and Albuquerque/Bernalillo County; Revisions To Establish
Small Business Stationary Source Technical and Environmental Compliance
Assistance Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the New Mexico State Implementation Plan (SIP) for both
the State and Albuquerque/Bernalillo County. These revisions establish
Small Business Stationary Source Technical and Environmental Compliance
Assistance Programs. The EPA is approving these revisions pursuant to
section 110 and section 507(a) of the Clean Air Act (CAA).
DATES: This rule is effective on May 9, 2016 without further notice
unless EPA receives relevant adverse comments by April 11, 2016. If EPA
receives such comments, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0642, at https://www.regulations.gov or via email to
walser.john@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact John Walser, 214-665-
7128, walser.john@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index and in hard copy at EPA Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas. While all documents in the docket are
listed in the index, some information may be publicly available only at
the hard copy location (e.g., copyrighted material), and some may not
be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), (214) 665-
7128, walser.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
[[Page 12596]]
Table of Contents
I. Background
A. What is a SIP?
B. Small Business Assistance Program (SBAP)
II. Overview of the November 5 and November 16, 1992 State
Submittals
A. New Mexico
B. Albuquerque
C. General
III. Plan Requirements and Our Evaluation
A. Small Business Assistance Program
B. Ombudsman
C. Compliance Assistance Panel (CAP)
D. Eligibility
E. Section 110(l)
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
A. What is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
National Ambient Air Quality Standards (NAAQS) established by EPA. The
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of
air pollution regulations, control strategies, other means or
techniques, and technical analyses developed by the state, to ensure
that air quality in the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. SIPs can
be extensive, containing state regulations or other enforceable
documents, and supporting information such as city and county
ordinances, monitoring networks, and modeling demonstrations. Each
state must submit any SIP revision to EPA for approval and
incorporation into the federally-enforceable SIP.
The New Mexico SIP includes a variety of control strategies,
including the regulations that outline general provisions applicable to
and implemented by the Albuquerque/Bernalillo County Air Quality
Control Board (AQCB).
B. Small Business Assistance Program
Implementation of the provisions of the CAA, as amended in 1990,
requires regulation of many small businesses so that areas may attain
and maintain the national ambient air quality standards (NAAQS) and
reduce the emissions of air toxics. Small businesses frequently lack
the technical expertise and financial resources necessary to evaluate
state regulations and to determine the appropriate mechanisms for
compliance. Congress anticipated the impact of these requirements on
small businesses and, accordingly, required in CAA section 507 that
each state submit a SIP revision with plans for establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program (Program). A key Program requirement outlined in CAA
section 507(a), is the establishment of a Small Business Assistance
Program (SBAP) to provide technical and compliance assistance to small
businesses. In January 1992, the EPA issued ``Guidelines for the
Implementation of Section 507 of the 1990 Clean Air Act Amendments,''
in order to delineate the Federal and State roles in meeting the new
statutory provisions, and as a tool to provide further guidance to
states on submitting acceptable SIP revisions. That guidance described
the SBAP as the ``core'' of a state's Program, because the SBAP is,
``where the actual assistance to small businesses occurs.'' \1\
---------------------------------------------------------------------------
\1\ U.S. EPA, ``Guidelines for the Implementation of Section 507
of the 1990 Clean Air Act Amendments'' (January 1992) at vii.
---------------------------------------------------------------------------
II. Overview of the November 5 and November 16, 1992 State Submittals
A. New Mexico
On November 5, 1992, the Governor of New Mexico submitted revisions
to the New Mexico SIP to establish the Program. The submittal was
adopted by the Environmental Improvement Board (EIB) on October 9,
1992, consistent with the public notice requirements of CAA section
110(l). The revisions established a Program for the State of New
Mexico, excluding Albuquerque/Bernalillo County.
The November 5, 1992 revisions to the SIP were in the form of a
narrative commitment for full implementation of the Program by November
15, 1994 and a commitment to coincide with the effective date of the
State's operating permit program. The Ombudsman (Director of Strategic
Initiatives and Special Projects) is located in the Office of the NMED
Secretary and was appointed before November 15, 1994, to represent the
interests of small businesses, as they relate to the implementation of
Section 507(a)(3) of the CAA.
In addition to designating a State Ombudsman to satisfy CAA section
507(a)(3), the State submitted its plans for the creation of a state
SBAP. The State explained that the technical component of the SBAP
would consist of state technical experts who would respond to requests
for assistance from small businesses. The state explained that these
technical staff would be located in the Air Quality Bureau's Planning
Section, and would respond to permitting and compliance questions. As
part of the SBAP, New Mexico's submission detailed the adequate
mechanisms and procedures that would satisfy the remaining requirements
of CAA section 507(a)(1)-(2), (4)-(7).
B. Albuquerque
On November 16, 1992, The Governor of New Mexico submitted
revisions to the New Mexico SIP for Albuquerque/Bernalillo County. The
submittal was adopted by the Air Quality Control Board on October 7,
1992, consistent with the public notice requirements of CAA section
110(l). The revisions establish the Small Business Stationary Source
Technical and Environmental Compliance Program for Albuquerque/
Bernalillo County.
The November 16, 1992 revisions to the SIP were in the form of a
narrative commitment for full implementation of the SBAP by November
15, 1994 and a commitment to coincide with the effective date of the
State's operating permit program. The Small Business Ombudsman is in
the office of the Albuquerque Environmental Health Director (AEHD). The
establishment of a SBAP for providing technical and compliance
assistance to small businesses was committed to be in the AEHD Air
Pollution Control Division's Planning Section to give small businesses
correct technical, permitting and compliance information for all
applicable CAA requirements.
C. General
In an August 28, 2015 letter, the State of New Mexico withdrew the
elements of the 1992 SIP pertaining to the Compliance Assistance Panel
(CAP), a requirement of CAA section 507(e) that EPA has historically
viewed as a required component of the Program. Since the New Mexico
legislature created one CAP for both the State and Albuquerque/
Bernalillo County, the withdrawal, therefore, applies to both the State
and Albuquerque/Bernalillo County.\2\
---------------------------------------------------------------------------
\2\ August 28, 2015 Letter from Ryan Flynn, Secretary, State of
New Mexico Environment Department, to Ron Curry, Regional
Administrator for EPA Region 6, to withdraw the CAP from the 1992
SIP submittal.
---------------------------------------------------------------------------
Through an administrative oversight, these SIP revisions were not
acted upon when submitted. EPA is now moving forward to take action on
these revisions as part of our national SIP backlog reduction efforts.
[[Page 12597]]
III. Plan Requirements and Our Evaluation
Section 507 of the CAA describes three broad sets of requirements:
(1) The establishment of a Small Business Assistance Program (SBAP) to
provide technical and compliance assistance to small businesses; (2)
the establishment of a State Small Business Ombudsman to represent the
interests of small business in the regulatory process; and (3) the
creation of a Compliance Advisory Panel (CAP) ``on the State level'' to
determine and report on the overall effectiveness of the SBAP.
A. Small Business Assistance Program
The overarching purpose of establishing an SBAP is to provide
technical and compliance assistance to small businesses. As interpreted
by EPA, CAA section 507(a) sets forth six requirements which must be
met by the State in order to have an approvable SBAP.\3\ The first SBAP
requirement is for the State to establish adequate mechanisms for
developing, collecting and coordinating information concerning
compliance methods and technologies for small business stationary
sources, and programs to encourage lawful cooperation among such
sources and other persons to further compliance with the CAA.\4\
---------------------------------------------------------------------------
\3\ Notably, section 507(a) sets forth seven requirements, in
subsections (1)-(7). The third of these, section 507(a)(3), requires
the establishment of an Ombudsman Office--a key Program element. The
Ombudsman requirement of section 507(a)(3) is discussed in the next
section.
\4\ See CAA section 507(a)(1).
---------------------------------------------------------------------------
The second SBAP requirement is that the State establish adequate
mechanisms for assisting small business stationary sources with
pollution prevention and accidental release detection and prevention,
including providing information concerning alternative technologies,
process changes, products and methods of operation that help reduce air
pollution.\5\
---------------------------------------------------------------------------
\5\ See id. section 507(a)(2).
---------------------------------------------------------------------------
The third SBAP requirement is to develop a compliance and technical
assistance program for small business stationary sources which assists
small businesses in determining applicable requirements and in
receiving permits under the Act in a timely and efficient manner.\6\
---------------------------------------------------------------------------
\6\ See id. section 507(a)(4).
---------------------------------------------------------------------------
The fourth SBAP requirement is to develop adequate mechanisms to
assure that small business stationary sources receive notice of their
rights under the CAA in such manner and form as to assure reasonably
adequate time for such sources to evaluate compliance methods or final
regulation or standards issued under the Act.\7\
---------------------------------------------------------------------------
\7\ See id. section 507(a)(5).
---------------------------------------------------------------------------
The fifth SBAP requirement is to develop adequate mechanisms for
informing small business stationary sources of their obligation under
the CAA, including mechanisms for referring such sources to qualified
auditors or, at the option of the State, for providing audits of
operations of such sources to determine compliance with the CAA.\8\
---------------------------------------------------------------------------
\8\ See id. section 507(a)(6).
---------------------------------------------------------------------------
The sixth SBAP requirement is to develop procedures for
consideration of requests from a small business stationary source for
modification of: (A) Any work practice or technological method of
compliance; or (B) the schedule of milestones for implementing such
work practice or method of compliance preceding any applicable
compliance date based on the technological and financial capability of
any such small business stationary source.\9\
---------------------------------------------------------------------------
\9\ See id. section 507(a)(7).
---------------------------------------------------------------------------
The SIP narratives for both the State and Albuquerque/Bernalillo
County discuss how their respective SBAPs meet the above requirements,
and include further information about how each entity expects to
implement and maintain their Programs. Further explanation of our
analysis of the adequacy of the submissions with respect to the SBAP
requirements can be found in the TSD for this action.
B. Ombudsman
Section 507(a) also requires states to establish a State Small
Business Ombudsman to represent the interests of small businesses in
the regulatory process. CAA section 507(a)(3) requires the designation
of a State office to serve as the Ombudsman for small business
stationary sources. The State has met this requirement by appointing an
Ombudsman in the Office of the NMED Secretary in 1992. Albuquerque/
Bernalillo County met this requirement by committing to appoint an
Ombudsman in the Office of the Albuquerque Environmental Health
Department before the November 15, 1994 statutory deadline.
C. Compliance Advisory Panel (CAP)
In addition to the SBAP and Ombudsman, CAA section 507 envisions
the creation of a Compliance Advisory Panel (CAP) ``on the State
level'' to, among other things, evaluate and report on the overall
effectiveness of the SBAP.\10\ Congress narrowly prescribed the
membership of the CAP, including which state officials would be
responsible for appointing members representing various interests.\11\
At the time of the submittal in 1992, the New Mexico program included a
statewide CAP that met these stringent requirements, and which New
Mexico believed was a required Program element because of EPA's 1992
Program Guidance. Since that time, however, and after having a CAP in
place for over 10 years, the State did not continue to operate a CAP.
As mentioned previously, the State withdrew the portions of its SIP
submission regarding the CAP in a letter dated August 28, 2015, a copy
of which may be found in the docket for this action.
---------------------------------------------------------------------------
\10\ See id. section 507(e)(1).
\11\ See id. section 507(e)(2).
---------------------------------------------------------------------------
Although EPA has historically viewed the CAP as a necessary
component of a Program, the Agency no longer believes that to be the
case. In CAA section 507(a), Congress directed that EPA ``shall
approve'' a Program if it meets the criteria outlined in section
507(a)(1)-(7). The requirement for the creation of a CAP, located in
section 507(e), is not one of those criteria. This distinguishes the
CAP from the requirements to designate a state office to serve as
Ombudsman or to establish an SBAP, which are criteria for Program
approval in CAA section 507(a). Although a State may submit a CAP for
inclusion as a component of its Program--and indeed, EPA still believes
that CAPs serve an important role in the continued operational success
of a Program--Congress, in locating the CAP requirement in section
507(e), envisioned that the requirement to create a CAP would be
severable from the Program requirements outlined in section 507(a).
Accordingly, New Mexico's withdrawal of the CAP portion of its SIP
submission does not prevent EPA from acting on the remainder of the
submission. EPA believes that New Mexico, including Albuquerque/
Bernalillo County, continues to operate a robust SBAP providing the
required services to eligible small businesses.
Before taking an action that, as here, differs from past guidance
or practice, EPA's internal practices direct Regional Offices to follow
a SIP consistency process to ensure consistency in across regional
actions. The SIP consistency process was established in 1995 as part of
the delegation to Regional Administrators of SIPs and SIP revision
approval/disapprovals actions.\12\
---------------------------------------------------------------------------
\12\ See Memorandum from William L. Wehrum, Acting Assistant
Administrator, to Air Division Directors, Regions I-X (September 7,
2005) (outlining the process). A copy of that memorandum is included
in the docket.
---------------------------------------------------------------------------
[[Page 12598]]
Pursuant to 40 CFR 56.6(b) and the SIP consistency guidelines, EPA
Region 6 followed this process. Pursuant to the SIP consistency
process, EPA Region 6 consulted with all other EPA regional offices,
the Office of Air and Radiation, and the Office of General Counsel.
Region 6 received no objections to this shift in approach.
EPA is approving the New Mexico and Albuquerque Small Business
Assistance Programs as revised with the withdrawal of the element
relating to the CAP. Approval in the SIP will support state and local
efforts to maintain their respective Programs.
D. Eligibility
While not a required Program element, it is also important that the
SIP establishes criteria and procedures for determining the eligibility
of a source to receive assistance under the Program. Section 507(c)(1)
of the CAA defines the term ``small business stationary source'' as a
stationary source that:
(a) Is owned or operated by a person who employs 100 or fewer
individuals;
(b) Is a small business concern as defined in the Small Business
Act;
(c) Is not a major stationary source;
(d) Does not emit 50 tons per year (tpy) or more of any regulated
pollutant; and
(e) Emits less than 75 tpy of all regulated pollutants.
The State of New Mexico has established a mechanism for
ascertaining the eligibility of a source to receive assistance under
the Program, including an evaluation of a source's eligibility using
the criteria in section 507(c)(1) of the CAA. This mechanism is
described in the state's narrative SIP revision.
The State has also provided for exclusion from the small business
stationary source definition, after consultation with the EPA and the
Small Business Administration Administrator and after providing notice
and opportunity for public hearing, of any category or subcategory of
sources that the State determines to have sufficient technical and
financial capabilities to meet the requirements of the CAA.
E. Section 110(l)
Section 110(l) of the Act provides that a SIP revision must be
adopted by a State after reasonable notice and public hearing. The
submitted revisions address the City of Albuquerque/Bernalillo County
and the State of New Mexico's Small Business Assistance Programs, as
discussed in Section II of this preamble. Additionally, CAA section
110(l) states that the EPA cannot approve a SIP revision if that
revision would interfere with any applicable requirement regarding
attainment, reasonable further progress (RFP) or any requirement
established in the CAA. The revisions do not interfere with any
applicable requirement. To the contrary, they enhance the current SIP
by providing for technical and compliance assistance for small
businesses.
IV. Final Action
Pursuant to sections 110 and 507 of the Act, EPA is approving
through a direct final action, revisions to the New Mexico SIP that
were submitted on November 5, 1992 and November 16, 1992. We evaluated
the state's submittals and determined that they meet the applicable
requirements of the CAA section 507(a). Also, in accordance with CAA
section 110(l), the proposed revisions will not interfere with
attainment of the NAAQS, reasonable further progress, or any other
applicable requirement of the CAA. Finally, this approval is in
accordance with 40 CFR 56.6(b) and our SIP consistency guidelines.
These revisions do not apply to Indian lands over which the State or
the AQCB lacks jurisdiction.
EPA is publishing this rule without prior proposal because we view
these as non-controversial amendments and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 9, 2016
without further notice unless we receive relevant adverse comments by
April 11, 2016. If we receive relevant adverse comments, we will
publish a timely withdrawal of this direct final rulemaking in the
Federal Register informing the public that the direct final rule will
not take effect. We will address all public comments in a subsequent
final rule based on the proposed rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so now. Please note that if we receive adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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 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 rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
[[Page 12599]]
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in 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 May 9, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 24, 2016.
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(e), the second table in paragraph (e), entitled
``EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures
in the New Mexico SIP'' is amended by adding two new entries at the end
of the table to read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP Revision geographic of submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Small Business Stationary Source Statewide, 11/05/1992 3/10/2016, [Insert ....................
Technical and Environmental excluding Federal Register
Compliance Assistance Program. Bernalillo County. Citation].
Small Business Stationary Source Albuquerque/ 11/16/1992 3/10/2016, [Insert ....................
Technical and Environmental Bernalillo County. Federal Register
Compliance Assistance Program. Citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-05162 Filed 3-9-16; 8:45 am]
BILLING CODE 6560-50-P
