Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction Permitting Program, 13270-13278 [2017-04734]

Download as PDF sradovich on DSK3GMQ082PROD with PROPOSALS 13270 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules nonattainment to attainment for the carbon monoxide (CO) national ambient air quality standards (NAAQS) and approved the State’s plan addressing the area’s maintenance of the CO NAAQS for ten years. On April 3, 2012, the State submitted to the EPA a second CO maintenance plan for the area that addressed maintenance of the CO NAAQS through 2024. On August 26, 2016, the State submitted a supplement to their 2012 submittal. The EPA is also proposing to approve an alternative CO monitoring strategy for the area, that the State included in their August 2016 submittal. We are making this proposal under the Clean Air Act. DATES: Any comments on this proposal must arrive by April 10, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2015–0399 at https:// www.regulations.gov, or via email to John Kelly, Air Planning Office, at kelly.johnj@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, 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 the person identified in the FOR FURTHER INFORMATION CONTACT section. 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. FOR FURTHER INFORMATION CONTACT: John Kelly, EPA Region IX, (415) 947–4151, kelly.johnj@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. This proposal addresses the following local plan, ‘‘2012 Revision to the Nevada State Implementation Plan for Carbon Monoxide: Updated Limited Maintenance Plan, for the Nevada Side of the Lake Tahoe Basin, Including VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 Douglas, Carson City and Washoe Counties.’’ In the Rules and Regulations section of this Federal Register, we are approving this local plan in a direct final action without prior proposal because we believe this SIP revision is not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: December 22, 2016. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2017–04770 Filed 3–9–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2013–0615; FRL–9958–65– Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction Permitting Program Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Federal Clean Air Act (the Act or CAA), the Environmental Protection Agency (EPA) is proposing to approve portions of revisions to the applicable New Source Review (NSR) State Implementation Plan (SIP) for the City of AlbuquerqueBernalillo County. Additionally, the EPA is proposing to conditionally approve the provisions establishing accelerated review and technical permit revisions. The EPA is proposing to approve the following: The establishment of a new Minor NSR (MNSR) general construction permitting program; changes to the MNSR Public Participation requirements; and the addition of exemptions from MNSR permitting for inconsequential emission sources and activities. DATES: Comments must be received on or before April 10, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R06– SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 OAR–2013–0615, at www.regulations.gov or via email to wilson.aimee@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 Aimee Wilson, (214) 665–7596, wilson.aimee@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: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the 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: Aimee Wilson, (214) 665–7596, wilson.aimee@epa.gov. To inspect the hard copy materials, please schedule an appointment with Aimee Wilson or Mr. Bill Deese at 214–665–7253. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background The Clean Air Act (CAA or the Act) at section 110(a)(2)(C) requires states to develop and submit to the EPA for approval into the SIP, preconstruction review and permitting programs applicable to certain new and modified stationary sources of air pollutants for attainment/unclassifiable and nonattainment areas that cover both major and minor new sources and modifications, collectively referred to as the NSR SIP. The CAA NSR SIP program is composed of three separate E:\FR\FM\10MRP1.SGM 10MRP1 13271 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules programs: Prevention of Significant Deterioration (PSD), Nonattainment New Source Review (NNSR), and Minor New Source Review (MNSR). The Minor NSR SIP program addresses construction or modification activities that do not emit, or have the potential to emit, beyond certain major source/ major modification thresholds and thus do not qualify as ‘‘major’’ and applies regardless of the designation of the area in which a source is located. The EPA regulations governing the criteria that states must satisfy for EPA approval of the NSR programs as part of the SIP are contained in 40 CFR 51.160–51.166. Minor NSR regulations are contained at 40 CFR 51.160–51.164. The SIP submittal under review in this action contains proposed changes to each of the current SIP-approved sections contained in 20.11.41 of the New Mexico Administrative Code (NMAC) and includes the proposed addition of seven new sections. All changes are identified in Table 4 of this rulemaking. These changes are discussed in more detail in the Technical Support Document (TSD) contained in the docket for this action. II. What did City of AlbuquerqueBernalillo County submit? Our proposed action today addresses the revisions to the City of Albuquerque-Bernalillo County’s (the ‘‘County’’) Minor NSR SIP which were submitted to EPA on July 26, 2013 as well as the letters submitted to the EPA dated April 21, 2016, July 5, 2016, September 19, 2016, and December 20, 2016. III. EPA’s Evaluation The current County SIP includes the EPA approved Part 41 provisions (see, 69 FR 78312, December 30, 2004), which form the basis of the County’s Minor NSR SIP program implemented by the City of Albuquerque Environmental Health Department (the ‘‘Department’’). The following sections of this proposed action and the accompanying TSD analyze the proposed revisions to the Construction Permits regulation found in Part 41 to determine whether the submitted revisions and the Department’s letters dated April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016, as a whole, meet the requirements of the CAA and the EPA’s regulations, policy, and guidance for NSR permitting. As noted in the TSD, the revisions made to 20.11.41 sections 1, 3, 4, 5, 6, 9, 10, 11, 12, 18, 19, 20, 26, 27, and 29 NMAC are non-substantive, and thus will not be analyzed in detail below. A line by line comparison of these non-substantive submitted changes is found in the TSD in the docket for this action. a. What are the requirements for the EPA’s evaluation of a preconstruction permitting program SIP submittal? In addition to the preconstruction permitting program requirements of section 110(a)(2), our evaluation must ensure that the submittal complies with section 110(l) of the CAA before it can be approved into the SIP. Section 110(l) states that the EPA shall not approve a revision of the SIP if it would interfere with any applicable requirement concerning attainment of the National Ambient Air Quality Standards (NAAQS), reasonable further progress, or any other applicable requirement of the Act. Thus, under CAA section 110(l), the proposed MNSR SIP revision must not interfere with attainment, reasonable further progress, or any other applicable requirement of the Act. As part of the 110(l) analysis, we have evaluated the proposed MNSR SIP revisions for any potential interference with attainment and reasonable further progress for all NAAQS pollutants. Bernalillo County is designated attainment for all NAAQS pollutants. b. Technical Review of Albuquerque/ Bernalillo County’s SIP Revisions Submittals As detailed in the TSD, the July 26, 2013 SIP submittal meets the completeness criteria established in 40 CFR 51, Appendix V. In addition to the completeness review, the revisions contained in the SIP submittal were evaluated against the applicable requirements contained in the Act and 40 CFR 51. Section 2 of the County’s submittal governs the scope of the Minor NSR program. 40 CFR 51.160(e) requires that the plan identify the ‘‘types and sizes of facilities, buildings, structures, or installations which will be subject to review.’’ The County’s current SIP requires stationary sources with emissions in excess of the limits listed in this section to obtain a construction permit. In its submittal, the County revised this section to include source or activity based exemptions. The emissions from the new exemptions are expected to be inconsequential, and these sources and activities have historically been commenced and operated without coverage by an air permit. As required by section 110(l) of the CAA, we analyzed the addition of these exemptions to ensure that they do not interfere with any applicable requirement for attainment of the NAAQS, reasonable further progress (RFP), or any other CAA requirement. The Department has been carrying out the Minor NSR program as revised since January 1, 2014. Since then, there has been no indication that these exempted sources have interfered with attainment, RFP, or any other requirement of the Act. The EPA took into consideration the following factors when making the decision to propose that the exemptions be approved into the SIP; • Compliance with the 8-hour ozone standard has improved county-wide with ozone pollutant concentrations trending downward since the late 1980’s. The 8-Hour and 1-Hour ozone trends are listed in Table 1: 1 TABLE 1—OZONE DATA Maximum 8-hr value sradovich on DSK3GMQ082PROD with PROPOSALS Year 2000 ..................................................................................... 2005 ..................................................................................... 2010 ..................................................................................... Maximum 1-hr value 0.084 0.084 0.078 Number exceedances of 8-hr std (for all monitors combined) 0.1 0.131 0.094 10 7 1 1 Table showing more data points is available in the Technical Support Document for the proposed SIP approval. VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 Number exceedances of 1-hr std (for all monitors combined) 0 1 0 Number of monitors in Bernalillo County 7 8 7 13272 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules TABLE 1—OZONE DATA—Continued Maximum 8-hr value Year 2015 ..................................................................................... • Compliance with the 8-hour CO standard has improved county-wide Maximum 1-hr value 0.073 Number exceedances of 8-hr std (for all monitors combined) 0.081 with CO pollutant concentrations trending downward since the late Number exceedances of 1-hr std (for all monitors combined) 0 Number of monitors in Bernalillo County 0 5 1980’s. The 8-Hour and 1-Hour CO trends are listed in Table 2: TABLE 2—CO MONITORING DATA Maximum 8-hr value Year 1995 2000 2005 2010 2015 ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... • Compliance with the 1-hour NO2 standard has improved county-wide Maximum 1-hr value 9.1 4.3 4.3 3.1 1.4 Number exceedances of 8-hr std 14 9.2 4.6 3.5 2.5 with NO2 pollutant concentrations trending downward since the late Number exceedances of 1-hr std 0 0 0 0 0 Number of monitors in Bernalillo County 0 0 0 0 0 6 6 6 5 2 1990’s. The 1-Hour NO2 trends are listed in the Table 3: TABLE 3—NO2 DATA Maximum 1-hr value Year sradovich on DSK3GMQ082PROD with PROPOSALS 1990 1995 2000 2005 2010 2015 ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. Section 7 of the County’s SIP provides definitions for the terms used throughout 20.11.41 NMAC. The submitted revisions provide updated definitions for several terms. The revisions either made the definitions align more closely with those provided in 40 CFR 51.100 or they were updated to match those that were approved by the EPA in the most recent New Mexico Minor NSR SIP revision at 20.2.72 NMAC. We are proposing to approve the majority of the definitions with the exception of the following: ‘‘conflict of interest’’ listed in 20.11.41.7.J, ‘‘technical permit revision,’’ listed in 20.11.41.7.RR, and the reference to technical permit revisions found in 20.11.41.7.EE. We are proposing to conditionally approve these definitions since they only apply to sections 20.11.41.32 and 20.11.41.28.B which we are also proposing to conditionally approve in this action. VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 118 124 135 57 81 48 Section 13 of the County’s SIP contains the requirements for the permit application that must be filed with the Department by any person seeking a permit. The revisions include the addition of provisions related to the changing, supplementing, or correcting a previously submitted permit application and provisions detailing what must be included before an application is considered complete. The revision also establishes a new abbreviated public participation process in 20.11.41.13B that applies to technical permit revisions. This abbreviated process does not meet the requirements for prominent advertisement in the area affected as required by 40 CFR 51.161. Rather, it allows the applicant to send notification letters to neighborhood organization within half a mile of the source seeking the technical permit revision. The County has committed to revising this abbreviated process to include the necessary public notice PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Annual mean (maximum value out of all monitors) 17.7 17.6 17.23 15.74 12.07 11.074 Number of monitors in Bernalillo County Number exceptional events 0 0 0 0 0 0 1 2 2 3 1 1 requirements as listed in 40 CFR 51.161. We are therefore proposing to conditionally approve 20.11.41.13.B.2 With the exception of the public participation process found in 20.11.41.13B., we are proposing to approve section 13 as it includes more stringent requirements for permit applicants with respect to the contents of permit applications that are not present in the current SIP. We propose to find section 13 meets the applicable federal requirements, including 40 CFR 51.160 which contains federal requirements regarding information an owner or operator of a new or modified source must submit to the State or local agency. 2 Letter dated December 20, 2016 to Ron Curry, Regional Administrator, EPA Region 6, from Mary Lou Leonard, Director Environmental Health Department, City of Albuquerque. Copy of this letter and copies of all others referenced in this proposal are in the docket for this rulemaking. E:\FR\FM\10MRP1.SGM 10MRP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules Section 14 of the County’s SIP contains the public notice requirements. Federal requirements for public participation for Minor NSR programs can be found at 40 CFR 51.160 and 51.161. The revised regulations allow the Department to publish its notice in a newspaper of general circulation in Bernalillo County, whereas the current SIP requires that it be published in a newspaper of general circulation in the area closest to the location of the source seeking a permit. The revision also shortens the comment period. Previously, commenters had 45 days to submit comments; under the new regulation they have 30 days to comment on the permit application. The requirement to publish the notice in a newspaper of general circulation in Bernalillo County meets the requirement found in 40 CFR 51.161(b)(3) to publish a notice by ‘‘prominent advertisement in the area affected.’’ Though the revision to 20.11.41.14 results in a reduction of the length of time the public can comment on the permit application, it still meets federal requirements since the new time period is equivalent to the federal minimum requirement found in 40 CFR 51.161(b)(2). The revised provisions provide that only those who submit comments during the 30-day comment period will be notified when the Department’s analysis is available. As clarified in the County’s July 5, 2016 letter, those who wish to provide comments on the analysis will have 30 days to do so once it becomes available. The proposed revisions also require a person to comment in writing on the permit application in order to be allowed to comment on the Department’s Analysis. We believe that this is a minimal burden placed on the public to express written interest on the permit application in order to have the opportunity to comment on the Department’s Analysis. This additional requirement does not undermine federal public participation requirements, nor does it interfere with any other requirement of the CAA. Therefore, we propose approval of this revision into the SIP. In addition, the County has revised the language in 20.11.41.14(B)(8) NMAC which requires that public notices be automatically sent to the Region 6 EPA office; the revised provision now provides that public notices be sent to the EPA only if requested by the EPA. 40 CFR 51.161(d) requires that a state send a copy of all public notices to the EPA via the Regional Office, without qualifying whether a request by the EPA is necessary. To ensure that all public notices are received by the EPA VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 pursuant to 40 CFR 51.161(d), Region 6 has formally requested copies of each public notice be provided to the EPA.3 Therefore, the Department will provide a copy of all public notices for construction permits to the EPA meeting the federal requirement in 40 CFR 51.161(d). Section 15 of the County’s SIP contains the provisions governing the public information hearing process. The proposed regulation clarifies that the Department shall hold a public information hearing (PIH) for a permit application if the Department determines there is significant interest and a significant air quality issue. Section 15 requires the Department to hold a hearing, if needed, no fewer than 30 days before the deadline for the Department to make a final decision on the permit application and to publish a public notice of the hearing no fewer than 10 days before it occurs. This is a new requirement that is not in the current SIP. The replacement regulation also clarifies that the applicant is to present their permit proposal and answer questions from the attendees. It also requires that the PIH is recorded and the recording be included in the administrative record. There are no federal requirements for Minor NSR permits to have an opportunity for a hearing, therefore, the proposed section 20.11.41.15 is more stringent than federal requirements and we are proposing its approval into the SIP. Section 16 in the County’s SIP governs the permit decisions process. It specifies the numbers of days within which the Department shall either grant, grant subject to conditions, or deny a permit or permit revision after the Department deems a permit application administratively complete. The revision reduces the number of days the Department has to review the application from 180 days to 90 days. It also reduces the days in which the Department must hold a hearing, if one is required, from 90 days to 60 days. The Department provided supplemental information to the EPA regarding the number of Minor NSR permits that have been issued since the reduction in the amount of time the Department has to review an application has been implemented. The Department has been implementing this reduction in time for 3 Copies of public notices were requested via letter from Mr. Jeffrey Robinson, Section Chief, Air Permits, EPA, Region 6 to Ms. Mary Lou Leonard, Director, City of Albuquerque Environmental Health Department on June 6, 2016. City of Albuquerque responded to EPA’s request via letter dated July 5, 2016 from Ms. Mary Lou Leonard, Director, City of Albuquerque Environmental Health Department, to Mr. Jeffrey Robinson, EPA, and agreed to provide copies of the notices to EPA. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 13273 the Department’s review of Minor NSR permits for over 10 years. The Department has issued approximately 892 new MNSR permits since January 20, 2000.4 Bernalillo County is designated attainment for all NAAQS pollutants, and the air quality trends provided in the section 2 analysis support that the air quality is improving in the county. The reduction of time for the Department’s review of Minor NSR permit applications has therefore not interfered with attainment, reasonable further progress, or any other applicable requirement of the Act and we are proposing its approval into the SIP. Section 17 of the County’s SIP provides the basis for which a permit may be denied. The revision removes a provision that refers to ambient air standards that are unique to the Air Board. There are no standards that are unique to the Air Board, the County incorporates the federal standards by reference.5 We are proposing to approve removal of this provision from the current SIP. The proposed replacement regulation includes a new provision at 20.11.41.17.F. that allows the Department to deny a permit application if the Department determines that a conflict of interest existed or exists regarding an application that was submitted during accelerated review as authorized by 20.11.41.32 NMAC. We are proposing to conditionally approve this provision in 20.11.41.17F. since it applies only to permits processed through the accelerated review process established in 20.11.41.32 NMAC, which we are also proposing for conditional approval. We are proposing to approve the rest of section 17. Section 20 of the County’s SIP provides the basis for which a permit may be cancelled, suspended, or revoked. The proposed replacement regulation includes a new provision that provides that a violation of a requirement of the State Act, a board regulation, or a condition of a permit that has been issued pursuant to 20.11.41 NMAC may result in suspension or revocation of the permit. This provision makes the SIP more stringent and we are proposing its approval into the SIP. Section 21 of the County’s submittal addresses the permittee’s obligation to notify the Department in various instances. This section adds a new 4 Historical new Minor NSR permit issuance data was provided via letter dated April 21, 2016, from Isreal Tavarez, City of Albuquerque, to Aimee Wilson, EPA, Region 6. 5 See, 20.11.8.11 E:\FR\FM\10MRP1.SGM 10MRP1 sradovich on DSK3GMQ082PROD with PROPOSALS 13274 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules requirement for the permittee to notify the Department of the date a portable source leaves or returns to the County. The permittee must also notify the Department of any permit update or correction no more than 60 days after the permittee knows or should have known about the condition that requires updating or correction of the permit. In addition, the permittee must submit an annual emissions inventory to the Department as required by 20.11.47 NMAC. The revised section also states the timeframes in which the required notifications must be completed in a clearer manner than the current SIP. These revisions assist in ensuring that sources are not engaging in acts that will result in an exceedance of one of the NAAQS and in clarifying when each notification must be provided to the Department. We are proposing to approve this section into the SIP. The County wishes to remove the current section 22—Emergency Permits from its current SIP. The July 26, 2013 SIP Submittal renumbered section 22 to section 24. The County, in its technical support document, and subsequently in its April 21, 2016 letter to the EPA, declared the provisions to be ‘‘local only’’ provisions, thus indicating an intention that they be removed from the SIP. The removal of the provision will not interfere with any applicable requirements of the CAA as it merely provided an avenue for permittees to obtain a permit at an expedited rate in the event of an emergency. The removal of such a provision will not interfere with any applicable requirement of the Act. Sources operating under emergency permits remain subject to federal enforcement. The proposed replacement regulation for section 22 clarifies the performance testing requirements in the County. The proposed regulation clarifies the following: The permittee is responsible for the testing expenses, the permittee must submit a written report of the test results within 30 days of the completion of the testing, and the Department may require the permittee to repeat the testing or perform additional testing as frequently as the Department requires to ensure that the source demonstrates compliance with the permit. The revised regulation assists in ensuring that sources are in compliance with, and remain in compliance with, their permits. The revisions incorporate more stringent requirements for performance testing than what is currently in the SIP and we are proposing that these revisions be approved into the SIP. Section 23 of the County’s submittal addresses the temporary relocation of portable stationary sources in the VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 County. The submittal adds clarifying language regarding the requirements applicants must meet in order to relocate a permitted portable source without obtaining a permit revision. It also includes the incorporation of additional recordkeeping and notification requirements that must be met in order for the portable source to relocate without undergoing a permit revision and identifies any sources that are exempt from the requirements listed in this section. Further, it requires that the application for relocation be submitted at least 45 days prior to the relocation date, that relocation applicants pay the fee required by 20.11.2 NMAC, and that applications include an EPA-approved air dispersion model showing the proposed new location will comply with the NAAQS and NMAAQS, include all information required by 20.11.41.13 NMAC and be signed certifying accuracy. The EPA is proposing to approve these revised provisions as they include more stringent requirements for portable source relocation to meet before qualifying for an exemption from preconstruction permitting. Section 23 meets the applicable federal requirements and we are proposing its approval into the SIP. Section 25 of the County’s submittal addresses the requirements for minor source modifications in nonattainment areas. The proposed regulation removed the reference to the State of New Mexico non-methane hydrocarbon standard in 20.11.44 NMAC, Emissions Trading, since the format of the standard is outdated and its withdrawal from the SIP was recommended by the EPA Region 6 office.6 We are proposing to approve the removal of this reference. The proposed regulation also contains a requirement that an existing source that is subject to nonattainment permitting and is modifying shall demonstrate a net air quality benefit of at least a 20% reduction in ambient impact for each applicable contaminant. These revisions result in a more stringent SIP than currently approved, therefore we find that they meet federal requirements for SIP-approved permitting plans. Section 28 of the County’s submittal addresses administrative and technical permit revisions. The proposed replacement regulation includes details on what constitutes administrative and technical permit revisions, the requirements of the applicant when submitting an administrative or technical permit revision, and how the 6 Letter dated February 21, 2007 from Jeff Robinson, EPA to Neal Butt, Albuquerque Environmental Health Department. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Department processes an administrative or technical permit revision. Each permit revision type has specific review and permit issuance procedures, applicable fees, and public notice requirements, as described below: • Administrative permit revisions require that a form on the revision be submitted by the applicant to the Department. Upon receipt of the form, the Department determines whether the revision qualifies as an administrative revision. Administrative revisions are limited to administrative changes that do not have associated increases in permitted emissions and do not result in a change to a permit term or condition, such as: The correction of typographical errors, change in administrative information (e.g., change in owner, facility address, or contact phone number), the incorporation of the retirement of a permitted source or the closing of a facility, or the incorporation of NMAC exempted sources.7 Under this revision, administrative permit revisions now require a certified written notification of the revision be submitted by the applicant to the Department. Administrative revisions become effective upon receipt of the notification by the Department. The Department is not required to reissue the permit to incorporate an Administrative permit revision. Administrative revisions have applicable permit fees under 20.11.41.12 NMAC. These revisions are not subject to the public notice requirements contained in either section 13 or section 14. • Technical permit revisions require that an application for a revision be submitted by the applicant to the Department. Technical permit revisions are used to accomplish changes that will not result in a significant emissions increase that cannot be accomplished using the administrative revisions provision in this section. The Department has 30 days after the receipt of a complete application to approve or deny the permit revisions or inform the applicant that the request must be submitted as a permit modification. This timeline for the Department’s action on the permit application may be extended if the Department holds a public meeting in response to significant public interest regarding the permit revision. The technical permit 7 The incorporation of the 20.11.41.2 NMAC exempted sources into an existing permit is an administrative action and does not change the exempt status of these sources. These 20.11.41.2 NMAC exempt sources remain exempt from Minor NSR permitting requirements and their incorporation into an existing permit does not result in an increase in permitted emission rates or change a term or condition of the existing permit. E:\FR\FM\10MRP1.SGM 10MRP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules revision becomes effective upon written approval from the Department, and the Department is required to file the technical permit revision with the existing permit. Permit actions that qualify as technical revisions are required to follow the public notice requirements of 20.11.41.13 NMAC, and fees under 20.11.41.12. Permit actions that qualify as technical revisions are exempt from the public notice requirements provided for in 20.11.41.14 NMAC. Federal Minor NSR Program requirements generally require a 30-day public review for all sources that are subject to Minor NSR; however, these requirements also allow a state to identify the types and sizes of facilities, buildings, structures, or installations, which will require full preconstruction review by justifying the basis for the state’s determination of the proper scope of its program.8 Importantly, our decision to approve a state’s scope of its Minor NSR program must consider the individual air quality concerns of each jurisdiction, and therefore will vary from state to state. The EPA recognizes a state’s ability to tailor the scope of its Minor NSR program as necessary to achieve and maintain the NAAQS. The revised SIP rule is more stringent than the current SIP with respect to requiring written notification of the administrative revision be submitted by the applicant to the Department. The administrative permit revisions do not have any associated increases in permitted emissions and are truly inconsequential in nature. As these administrative revisions have no associated increases in emissions, we find that they will not interfere with any provision of the CAA or EPA regulations as required by section 110(l) of the CAA. The Department began issuing technical permit revisions when the revised 20.11.41 NMAC, Construction Permits, became effective on January 1, 2014. Since 2014, the Department has issued 13 technical permit revisions in the County. The Department’s implementation of the permit revision program, which allows for reduced public notice for administrative and technical revisions, has not resulted in a measured exceedance of the NAAQS and has not shown any interference with reasonable further progress.9 8 For example, under the federal Tribal NSR regulations, EPA did not require permits for sources with emissions below ‘‘de minimis’’ levels, and for sources in ‘‘insignificant source categories’’. 76 FR at 38755. In sum, under these Tribal NSR regulations, some sources are not required to obtain permits, and have no public notice requirements. 9 Permit revisions data provided via letter dated April 21, 2016, from Isreal Tavarez, PE, VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 Furthermore, a review of the technical permit revisions issued since 2014 shows that the total annual increases in permitted emissions is less than 1 ton per year for all NAAQS pollutants. In fact, most of the pollutants show no change or an overall decrease in annual emissions as a result of the technical permit revisions issued since 2014. This is consistent with our expectation that the permit revisions and associated public notice requirements will not have adverse impacts on air quality that interfere with attainment or reasonable further progress or any other applicable requirement of the Act. However, since the technical permit provision potentially allows permittees to conduct changes that may potentially result in up to a one pound per hour increase of a NAAQS pollutant or NMAAQS pollutant, the County is required to follow the public notice requirements provided in 40 CFR 51.161, which requires that the County provide ‘‘a notice by prominent advertisement in the area affected.’’ As written, permittees seeking a technical permit revision are required to provide public notice by sending a letter to designated representatives of recognized neighborhood organizations and associations within one-half mile of the source requesting the modification. This does not meet the federal notice requirements specified in 40 CFR 51.161. The one-half mile radius is not sufficient to constitute a ‘‘prominent advertisement’’ in the ‘‘area affected.’’ The increase in emissions allowed under this provision has the potential to affect an area greater than one-half of a mile. Additionally, there is no way to ensure that all of the individuals living in areas that could be potentially affected by this increase are members of, or represented by, the recognized neighborhood organizations or associations which are required to be notified. For these reasons, we are proposing to conditionally approve the technical permit provision established in Section 28 under CAA section 110(k)(4). The County has committed to making the required changes to the public participation component of this provision within one year from the date this conditional approval becomes final. Section 29 of the County’s submittal addresses permit modification. The SIP previously defined ‘‘Modification or To Modify’’ in section 20.11.41.7(H). The submittal adds a new section entitled ‘‘Permit Modification’’ at 20.11.41.29 which explains that all proposed Environmental Health Manager, Environmental Health Department, City of Albuquerque to Aimee Wilson, Air Permitting, EPA, Region 6. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 13275 modifications must comply with all requirements of 20.11.41. Permit modifications must follow the same permitting procedures and meet the same permitting requirements as those required for newly issued Minor NSR permits. We find that the proposed revision clarifies the permit modification process and meets the federal requirements for SIP-approved permitting plans. Section 30 of the County’s submittal addresses permit reopening, revision, and reissuance. The revision gives the Department the authority to reopen, revise, or reissue a permit if any mistakes are found, additional requirements of the CAA or State act are found to apply, the reopening is necessary to ensure compliance with federal or state requirements, or the permittee failed to disclose a material fact to the Department. This revision ensures that the Department has the authority to prevent violations of the CAA in the event that any of the aforementioned events occur. Permit reopening, revision, and reissuance under section 20.1.41.30 would be initiated by the County and is not a permitting mechanism that the permittee can initiate. Therefore, we find that these revisions to section 30 will not affect the ability of the section, or Part 41 overall, to meet the federal requirements for SIP-approved permitting plans. Section 31 of the County’s submittal creates a new type of permit, a general construction permit, in the County’s Minor NSR Program. A general construction permit developed by the Department must cover numerous similar sources. Sources allowed to register for coverage under a general permit must be homogenous in terms of operations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards or requirements. As required in 20.11.41.31(B)(3)(a) NMAC, a general construction permit developed by the Department must describe the sources that qualify to register under the general permit. This requirement satisfies the federal requirement 40 CFR 51.160(e) which provides that the SIP must identify the types and sizes of facilities that will be subject to review. Section 31 states that this provision does not apply to major modifications or sources as defined by 20.11.60 NMAC. The Department further clarified in its letter dated April 21, 2016, that permits developed and issued under the general permits programs will not be issued to sources that are defined as major under federal rules and regulations. E:\FR\FM\10MRP1.SGM 10MRP1 13276 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules The submitted regulation specifically requires that a general permit include monitoring, record keeping and reporting (MRR) requirements appropriate to the source and sufficient to ensure compliance with the general construction permit, ensuring that the provision will be enforceable as required by 40 CFR 51.160(a). The general permit also must contain sufficient terms and conditions to ensure that all sources operating under a general permit will meet all applicable requirements under the Federal Clean Air Act, e.g., NSPS, NESHAPS, and MACT, and all requirements of the SIP. Sources operating under general permits are not allowed to cause or contribute to air contaminant levels in excess of any National or New Mexico Ambient Air Quality Standard. The provision clearly identifies the category of sources that qualify for coverage and provides that a source notifies the Department of its coverage under the program by submitting a complete application to register. The Department shall grant registration to a source only if it submits a complete application and meets the terms and conditions of the general permit. This provision meets all applicable federal requirements and will not interfere with any provision in the CAA or in the EPA regulations. Section 32 of the County’s submittal seeks to establish an accelerated review process. The accelerated review process allows the County to utilize contractors to perform technical review and the drafting of permits provided the applicant and contractor meet certain obligations. The permit applicant has to pay both an accelerated review processing fee and a permit review fee. The County still retains the authority to review the draft permit and ensure that it meets all of the necessary requirements before it is proposed as a draft permit. The permit however does not go through the same public notice procedures as other permits as outlined in 20.11.41.14.B. NMAC and does not meet the minimum requirements of 40 CFR 51.161(b)(1). 40 CFR 51.161 requires that the state or local agency make public the permittee’s application and the state or agency’s analysis of that application. Section 32 does not require that the application or analysis be posted in a public place. The County has stated that it inadvertently excluded this requirement, and that it is their practice to make the application and analysis available in accordance with 40 CFR 51.161. We are proposing to conditionally approve this section under 110(k)(4). The County has committed to updating this section within one year of this rule becoming final to reflect its practice of making these documents publicly available.10 IV. Proposed Action We are proposing to approve the revisions to the City of Albuquerque— Bernalillo County Minor NSR program submitted on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016, that update the regulations to be consistent with federal requirements for Minor NSR permitting, remove a provision that refers to ambient air standards that are unique to the Air Board that no longer exist, and the reference to the State of New Mexico non-methane hydrocarbon standard in 20.11.44 NMAC, Emissions Trading. The EPA has made the preliminary determination that the revisions are approvable because the submitted rules are adopted and submitted in accordance with the CAA and are consistent with the laws and regulations for Minor NSR permitting. We are proposing to conditionally approve the provisions submitted on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016, that establish the accelerated permitting procedures. Additionally, the EPA is proposing to conditionally approve the definition of ‘‘conflict of interest’’ at 20.11.410.7(J) NMAC, permit denial as it relates to conflict of interest at 20.11.41.17(F) NMAC, and Accelerated Review at 20.11.41.32 NMAC, as adopted on July 10, 2013 and submitted on July 26, 2013. We are also proposing to conditionally approve the technical permit revision procedures established in section 28. Table 4 summarizes the changes made to the County’s SIP that are contained in the SIP revisions submitted on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016. A summary of the EPA’s evaluation of each section and the basis for this action is discussed in Section III of this preamble. TABLE 4—SUMMARY OF THE SIP SUBMITTAL IN THIS ACTION Section Submittal dates Title Proposed action 20.11.41 NMAC—Construction Permits sradovich on DSK3GMQ082PROD with PROPOSALS 20.11.41.1 20.11.41.2 20.11.41.3 20.11.41.4 20.11.41.5 20.11.41.6 20.11.41.7 NMAC NMAC NMAC NMAC NMAC NMAC NMAC ...... ...... ...... ...... ...... ...... ...... Issuing Agency .................................................................................. Scope ................................................................................................ Statutory Authority ............................................................................. Duration ............................................................................................. Effective Date .................................................................................... Objective ........................................................................................... Definitions .......................................................................................... 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 20.11.41.8 NMAC ...... 20.11.41.9 NMAC ...... 20.11.41.10 NMAC .... 20.11.41.11 NMAC .... 20.11.41.12 NMAC .... 20.11.41.13 NMAC .... 20.11.41.14 NMAC .... 20.11.41.15 NMAC .... Variances .......................................................................................... Savings Clause ................................................................................. Severability ........................................................................................ Documents ........................................................................................ Fees for Permit Application ............................................................... Application for Permit ........................................................................ Public Participation ............................................................................ Public Information Hearing ................................................................ 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 10 Letter dated December 20, 2016 to Ron Curry, Regional Administrator, EPA Region 6, from Mary VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 Approval. Approval. Approval. Approval. Approval. Approval. Approved except for the following which we are conditionally approving: 20.11.41.7.J., 20.11.41.RR, and the reference to technical permit revisions in 20.11.41.EE. Approval. Approval. Approval. Approval. Approval. Approval. Approval. Approval. Lou Leonard, Director Environmental Health Department, City of Albuquerque. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules 13277 TABLE 4—SUMMARY OF THE SIP SUBMITTAL IN THIS ACTION—Continued Submittal dates Section Title 20.11.41.16 NMAC .... 20.11.41.17 NMAC .... Permit Decision and Air Board Hearing on the Merits ..................... Basis for Permit Denial ..................................................................... 07/26/2013 07/26/2013 20.11.41.18 NMAC .... 20.11.41.19 NMAC .... 20.11.41.20 NMAC .... 20.11.41.21NMAC ...... 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 07/26/2013 20.11.41.22 20.11.41.23 20.11.41.24 20.11.41.25 20.11.41.26 20.11.41.27 20.11.41.28 NMAC NMAC NMAC NMAC NMAC NMAC NMAC .... .... .... .... .... .... .... Applicants’ Additional Legal Responsibilities .................................... Permit Conditions .............................................................................. Permit Cancellations, Suspension, or Revocation ............................ Permittee’s Obligations to Inform the Department and Deliver an Annual Emissions Inventory. Performance Testing ......................................................................... Temporary Relocation of Portable Stationary Sources .................... Emergency Permits ........................................................................... Nonattainment Area Requirements ................................................... Compliance Certification ................................................................... Enforcement ...................................................................................... Administrative and Technical Permit Revisions ................................ 20.11.41.29 20.11.41.30 20.11.41.31 20.11.41.32 NMAC NMAC NMAC NMAC .... .... .... .... Permit Modification ............................................................................ Permit Reopening, Revision and Reissuance .................................. General Construction Permits ........................................................... Accelerated Review of Application ................................................... V. Statutory and Executive Order Reviews D. Unfunded Mandates Reform Act (UMRA) 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, the EPA’s role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. sradovich on DSK3GMQ082PROD with PROPOSALS B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. There is no burden imposed under the PRA because this action does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. There are no requirements or responsibilities added or removed from Indian Tribal Governments. Thus, Executive Order 13175 does not apply to this action. In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Proposed action Approval. Approved except 20.11.41.17.F. Approval. Approval. Approval. Approval. for Approval. Approval. Removed. Approval. Approval. Approval. Approval for Administrative Revisions/Conditional Approval for Technical Permit Revisions. Approval. Approval. Approval. Conditional Approval. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it approves a state program. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This action proposes to approve state permitting provisions that are consistent with the CAA and disapprove state permitting E:\FR\FM\10MRP1.SGM 10MRP1 13278 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules provisions that are inconsistent with the CAA. 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. Authority: 42 U.S.C. 7401 et seq. Dated: February 6, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. [FR Doc. 2017–04734 Filed 3–9–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2015–0842; FRL–9958–14– Region 5] Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Minnesota sulfur dioxide (SO2) and particulate matter of less than 10 microns (PM10) State Implementation Plans (SIPs) as submitted on December 11, 2015. The revision will update the Rochester SO2 and Olmsted County PM10 maintenance plans to reflect changes in available controls, operating practices, and cleaner fuel options that have resulted in significant reductions of SO2 and PM10 emissions in the maintenance areas. EPA is also proposing to approve the removal of existing title I SO2 SIP conditions for six facilities from the SO2 SIP, and the state’s evaluation that such changes ensure continued attainment of the SO2 National Ambient Air Quality Standards (NAAQS). DATES: Comments must be received on or before April 10, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2015–0842 at https:// www.regulations.gov or via email to blakley.pamela@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any sradovich on DSK3GMQ082PROD with PROPOSALS VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6061, acevedo.francisco@epa.gov. Air Plan Approval; Minnesota; Sulfur Dioxide; Particulate Matter SUMMARY: 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. 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 the person identified in the FOR FURTHER INFORMATION CONTACT section. 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. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Dated: December 29, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2017–04691 Filed 3–9–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2016–0653; FRL–9959–05– Region 9] Approval of Nevada Air Plan Revisions, Clark County Department of Air Quality and Washoe County Health District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Clark County Department of Air Quality and Washoe County Health District portions of the Nevada State Implementation Plan. These revisions concern emissions of particulate matter from fugitive dust. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act. We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by April 10, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2016–0653 at https:// www.regulations.gov, or via email to Andrew Steckel, Rulemaking Office Chief at Steckel.Andrew@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the Environmental Protection Agency (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 the person identified in the FOR SUMMARY: E:\FR\FM\10MRP1.SGM 10MRP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13270-13278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04734]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0615; FRL-9958-65-Region 6]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction
Permitting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (the Act or CAA), the
Environmental Protection Agency (EPA) is proposing to approve portions
of revisions to the applicable New Source Review (NSR) State
Implementation Plan (SIP) for the City of Albuquerque-Bernalillo
County. Additionally, the EPA is proposing to conditionally approve the
provisions establishing accelerated review and technical permit
revisions. The EPA is proposing to approve the following: The
establishment of a new Minor NSR (MNSR) general construction permitting
program; changes to the MNSR Public Participation requirements; and the
addition of exemptions from MNSR permitting for inconsequential
emission sources and activities.

DATES: Comments must be received on or before April 10, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2013-0615, at www.regulations.gov or via email to
wilson.aimee@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 Aimee Wilson, (214) 665-
7596, wilson.aimee@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: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the 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: Aimee Wilson, (214) 665-7596,
wilson.aimee@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Aimee Wilson or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

The Clean Air Act (CAA or the Act) at section 110(a)(2)(C) requires
states to develop and submit to the EPA for approval into the SIP,
preconstruction review and permitting programs applicable to certain
new and modified stationary sources of air pollutants for attainment/
unclassifiable and nonattainment areas that cover both major and minor
new sources and modifications, collectively referred to as the NSR SIP.
The CAA NSR SIP program is composed of three separate

[[Page 13271]]

programs: Prevention of Significant Deterioration (PSD), Nonattainment
New Source Review (NNSR), and Minor New Source Review (MNSR). The Minor
NSR SIP program addresses construction or modification activities that
do not emit, or have the potential to emit, beyond certain major
source/major modification thresholds and thus do not qualify as
``major'' and applies regardless of the designation of the area in
which a source is located. The EPA regulations governing the criteria
that states must satisfy for EPA approval of the NSR programs as part
of the SIP are contained in 40 CFR 51.160-51.166. Minor NSR regulations
are contained at 40 CFR 51.160-51.164.
The SIP submittal under review in this action contains proposed
changes to each of the current SIP-approved sections contained in
20.11.41 of the New Mexico Administrative Code (NMAC) and includes the
proposed addition of seven new sections. All changes are identified in
Table 4 of this rulemaking. These changes are discussed in more detail
in the Technical Support Document (TSD) contained in the docket for
this action.

II. What did City of Albuquerque-Bernalillo County submit?

Our proposed action today addresses the revisions to the City of
Albuquerque-Bernalillo County's (the ``County'') Minor NSR SIP which
were submitted to EPA on July 26, 2013 as well as the letters submitted
to the EPA dated April 21, 2016, July 5, 2016, September 19, 2016, and
December 20, 2016.

III. EPA's Evaluation

The current County SIP includes the EPA approved Part 41 provisions
(see, 69 FR 78312, December 30, 2004), which form the basis of the
County's Minor NSR SIP program implemented by the City of Albuquerque
Environmental Health Department (the ``Department''). The following
sections of this proposed action and the accompanying TSD analyze the
proposed revisions to the Construction Permits regulation found in Part
41 to determine whether the submitted revisions and the Department's
letters dated April 21, 2016; July 5, 2016; September 19, 2016; and
December 20, 2016, as a whole, meet the requirements of the CAA and the
EPA's regulations, policy, and guidance for NSR permitting. As noted in
the TSD, the revisions made to 20.11.41 sections 1, 3, 4, 5, 6, 9, 10,
11, 12, 18, 19, 20, 26, 27, and 29 NMAC are non-substantive, and thus
will not be analyzed in detail below. A line by line comparison of
these non-substantive submitted changes is found in the TSD in the
docket for this action.

a. What are the requirements for the EPA's evaluation of a
preconstruction permitting program SIP submittal?

In addition to the preconstruction permitting program requirements
of section 110(a)(2), our evaluation must ensure that the submittal
complies with section 110(l) of the CAA before it can be approved into
the SIP. Section 110(l) states that the EPA shall not approve a
revision of the SIP if it would interfere with any applicable
requirement concerning attainment of the National Ambient Air Quality
Standards (NAAQS), reasonable further progress, or any other applicable
requirement of the Act. Thus, under CAA section 110(l), the proposed
MNSR SIP revision must not interfere with attainment, reasonable
further progress, or any other applicable requirement of the Act. As
part of the 110(l) analysis, we have evaluated the proposed MNSR SIP
revisions for any potential interference with attainment and reasonable
further progress for all NAAQS pollutants. Bernalillo County is
designated attainment for all NAAQS pollutants.

b. Technical Review of Albuquerque/Bernalillo County's SIP Revisions
Submittals

As detailed in the TSD, the July 26, 2013 SIP submittal meets the
completeness criteria established in 40 CFR 51, Appendix V. In addition
to the completeness review, the revisions contained in the SIP
submittal were evaluated against the applicable requirements contained
in the Act and 40 CFR 51.
Section 2 of the County's submittal governs the scope of the Minor
NSR program. 40 CFR 51.160(e) requires that the plan identify the
``types and sizes of facilities, buildings, structures, or
installations which will be subject to review.'' The County's current
SIP requires stationary sources with emissions in excess of the limits
listed in this section to obtain a construction permit. In its
submittal, the County revised this section to include source or
activity based exemptions. The emissions from the new exemptions are
expected to be inconsequential, and these sources and activities have
historically been commenced and operated without coverage by an air
permit.
As required by section 110(l) of the CAA, we analyzed the addition
of these exemptions to ensure that they do not interfere with any
applicable requirement for attainment of the NAAQS, reasonable further
progress (RFP), or any other CAA requirement. The Department has been
carrying out the Minor NSR program as revised since January 1, 2014.
Since then, there has been no indication that these exempted sources
have interfered with attainment, RFP, or any other requirement of the
Act. The EPA took into consideration the following factors when making
the decision to propose that the exemptions be approved into the SIP;
Compliance with the 8-hour ozone standard has improved
county-wide with ozone pollutant concentrations trending downward since
the late 1980's. The 8-Hour and 1-Hour ozone trends are listed in Table
1: \1\
---------------------------------------------------------------------------

\1\ Table showing more data points is available in the Technical
Support Document for the proposed SIP approval.

Table 1--Ozone Data
----------------------------------------------------------------------------------------------------------------
Number Number
exceedances of exceedances of Number of
Year Maximum 8-hr Maximum 1-hr 8-hr std (for 1-hr std (for monitors in
value value all monitors all monitors Bernalillo
combined) combined) County
----------------------------------------------------------------------------------------------------------------
2000............................ 0.084 0.1 10 0 7
2005............................ 0.084 0.131 7 1 8
2010............................ 0.078 0.094 1 0 7

[[Page 13272]]

2015............................ 0.073 0.081 0 0 5
----------------------------------------------------------------------------------------------------------------

Compliance with the 8-hour CO standard has improved
county-wide with CO pollutant concentrations trending downward since
the late 1980's. The 8-Hour and 1-Hour CO trends are listed in Table 2:

Table 2--CO Monitoring Data
----------------------------------------------------------------------------------------------------------------
Number of
Maximum 8-hr Maximum 1-hr Number Number monitors in
Year value value exceedances of exceedances of Bernalillo
8-hr std 1-hr std County
----------------------------------------------------------------------------------------------------------------
1995............................ 9.1 14 0 0 6
2000............................ 4.3 9.2 0 0 6
2005............................ 4.3 4.6 0 0 6
2010............................ 3.1 3.5 0 0 5
2015............................ 1.4 2.5 0 0 2
----------------------------------------------------------------------------------------------------------------

Compliance with the 1-hour NO2 standard has
improved county-wide with NO2 pollutant concentrations
trending downward since the late 1990's. The 1-Hour NO2
trends are listed in the Table 3:

Table 3--NO2 Data
----------------------------------------------------------------------------------------------------------------
Annual mean Number of
Maximum 1-hr (maximum value Number monitors in
Year value out of all exceptional Bernalillo
monitors) events County
----------------------------------------------------------------------------------------------------------------
1990............................................ 118 17.7 0 1
1995............................................ 124 17.6 0 2
2000............................................ 135 17.23 0 2
2005............................................ 57 15.74 0 3
2010............................................ 81 12.07 0 1
2015............................................ 48 11.074 0 1
----------------------------------------------------------------------------------------------------------------

Section 7 of the County's SIP provides definitions for the terms
used throughout 20.11.41 NMAC. The submitted revisions provide updated
definitions for several terms. The revisions either made the
definitions align more closely with those provided in 40 CFR 51.100 or
they were updated to match those that were approved by the EPA in the
most recent New Mexico Minor NSR SIP revision at 20.2.72 NMAC. We are
proposing to approve the majority of the definitions with the exception
of the following: ``conflict of interest'' listed in 20.11.41.7.J,
``technical permit revision,'' listed in 20.11.41.7.RR, and the
reference to technical permit revisions found in 20.11.41.7.EE. We are
proposing to conditionally approve these definitions since they only
apply to sections 20.11.41.32 and 20.11.41.28.B which we are also
proposing to conditionally approve in this action.
Section 13 of the County's SIP contains the requirements for the
permit application that must be filed with the Department by any person
seeking a permit. The revisions include the addition of provisions
related to the changing, supplementing, or correcting a previously
submitted permit application and provisions detailing what must be
included before an application is considered complete. The revision
also establishes a new abbreviated public participation process in
20.11.41.13B that applies to technical permit revisions. This
abbreviated process does not meet the requirements for prominent
advertisement in the area affected as required by 40 CFR 51.161.
Rather, it allows the applicant to send notification letters to
neighborhood organization within half a mile of the source seeking the
technical permit revision. The County has committed to revising this
abbreviated process to include the necessary public notice requirements
as listed in 40 CFR 51.161. We are therefore proposing to conditionally
approve 20.11.41.13.B.\2\
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\2\ Letter dated December 20, 2016 to Ron Curry, Regional
Administrator, EPA Region 6, from Mary Lou Leonard, Director
Environmental Health Department, City of Albuquerque. Copy of this
letter and copies of all others referenced in this proposal are in
the docket for this rulemaking.
---------------------------------------------------------------------------

With the exception of the public participation process found in
20.11.41.13B., we are proposing to approve section 13 as it includes
more stringent requirements for permit applicants with respect to the
contents of permit applications that are not present in the current
SIP. We propose to find section 13 meets the applicable federal
requirements, including 40 CFR 51.160 which contains federal
requirements regarding information an owner or operator of a new or
modified source must submit to the State or local agency.

[[Page 13273]]

Section 14 of the County's SIP contains the public notice
requirements. Federal requirements for public participation for Minor
NSR programs can be found at 40 CFR 51.160 and 51.161. The revised
regulations allow the Department to publish its notice in a newspaper
of general circulation in Bernalillo County, whereas the current SIP
requires that it be published in a newspaper of general circulation in
the area closest to the location of the source seeking a permit. The
revision also shortens the comment period. Previously, commenters had
45 days to submit comments; under the new regulation they have 30 days
to comment on the permit application. The requirement to publish the
notice in a newspaper of general circulation in Bernalillo County meets
the requirement found in 40 CFR 51.161(b)(3) to publish a notice by
``prominent advertisement in the area affected.'' Though the revision
to 20.11.41.14 results in a reduction of the length of time the public
can comment on the permit application, it still meets federal
requirements since the new time period is equivalent to the federal
minimum requirement found in 40 CFR 51.161(b)(2).
The revised provisions provide that only those who submit comments
during the 30-day comment period will be notified when the Department's
analysis is available. As clarified in the County's July 5, 2016
letter, those who wish to provide comments on the analysis will have 30
days to do so once it becomes available. The proposed revisions also
require a person to comment in writing on the permit application in
order to be allowed to comment on the Department's Analysis. We believe
that this is a minimal burden placed on the public to express written
interest on the permit application in order to have the opportunity to
comment on the Department's Analysis. This additional requirement does
not undermine federal public participation requirements, nor does it
interfere with any other requirement of the CAA. Therefore, we propose
approval of this revision into the SIP.
In addition, the County has revised the language in
20.11.41.14(B)(8) NMAC which requires that public notices be
automatically sent to the Region 6 EPA office; the revised provision
now provides that public notices be sent to the EPA only if requested
by the EPA. 40 CFR 51.161(d) requires that a state send a copy of all
public notices to the EPA via the Regional Office, without qualifying
whether a request by the EPA is necessary. To ensure that all public
notices are received by the EPA pursuant to 40 CFR 51.161(d), Region 6
has formally requested copies of each public notice be provided to the
EPA.\3\ Therefore, the Department will provide a copy of all public
notices for construction permits to the EPA meeting the federal
requirement in 40 CFR 51.161(d).
---------------------------------------------------------------------------

\3\ Copies of public notices were requested via letter from Mr.
Jeffrey Robinson, Section Chief, Air Permits, EPA, Region 6 to Ms.
Mary Lou Leonard, Director, City of Albuquerque Environmental Health
Department on June 6, 2016. City of Albuquerque responded to EPA's
request via letter dated July 5, 2016 from Ms. Mary Lou Leonard,
Director, City of Albuquerque Environmental Health Department, to
Mr. Jeffrey Robinson, EPA, and agreed to provide copies of the
notices to EPA.
---------------------------------------------------------------------------

Section 15 of the County's SIP contains the provisions governing
the public information hearing process. The proposed regulation
clarifies that the Department shall hold a public information hearing
(PIH) for a permit application if the Department determines there is
significant interest and a significant air quality issue. Section 15
requires the Department to hold a hearing, if needed, no fewer than 30
days before the deadline for the Department to make a final decision on
the permit application and to publish a public notice of the hearing no
fewer than 10 days before it occurs. This is a new requirement that is
not in the current SIP. The replacement regulation also clarifies that
the applicant is to present their permit proposal and answer questions
from the attendees. It also requires that the PIH is recorded and the
recording be included in the administrative record. There are no
federal requirements for Minor NSR permits to have an opportunity for a
hearing, therefore, the proposed section 20.11.41.15 is more stringent
than federal requirements and we are proposing its approval into the
SIP.
Section 16 in the County's SIP governs the permit decisions
process. It specifies the numbers of days within which the Department
shall either grant, grant subject to conditions, or deny a permit or
permit revision after the Department deems a permit application
administratively complete. The revision reduces the number of days the
Department has to review the application from 180 days to 90 days. It
also reduces the days in which the Department must hold a hearing, if
one is required, from 90 days to 60 days. The Department provided
supplemental information to the EPA regarding the number of Minor NSR
permits that have been issued since the reduction in the amount of time
the Department has to review an application has been implemented. The
Department has been implementing this reduction in time for the
Department's review of Minor NSR permits for over 10 years. The
Department has issued approximately 892 new MNSR permits since January
20, 2000.\4\
---------------------------------------------------------------------------

\4\ Historical new Minor NSR permit issuance data was provided
via letter dated April 21, 2016, from Isreal Tavarez, City of
Albuquerque, to Aimee Wilson, EPA, Region 6.
---------------------------------------------------------------------------

Bernalillo County is designated attainment for all NAAQS
pollutants, and the air quality trends provided in the section 2
analysis support that the air quality is improving in the county. The
reduction of time for the Department's review of Minor NSR permit
applications has therefore not interfered with attainment, reasonable
further progress, or any other applicable requirement of the Act and we
are proposing its approval into the SIP.
Section 17 of the County's SIP provides the basis for which a
permit may be denied. The revision removes a provision that refers to
ambient air standards that are unique to the Air Board. There are no
standards that are unique to the Air Board, the County incorporates the
federal standards by reference.\5\ We are proposing to approve removal
of this provision from the current SIP. The proposed replacement
regulation includes a new provision at 20.11.41.17.F. that allows the
Department to deny a permit application if the Department determines
that a conflict of interest existed or exists regarding an application
that was submitted during accelerated review as authorized by
20.11.41.32 NMAC. We are proposing to conditionally approve this
provision in 20.11.41.17F. since it applies only to permits processed
through the accelerated review process established in 20.11.41.32 NMAC,
which we are also proposing for conditional approval. We are proposing
to approve the rest of section 17.
---------------------------------------------------------------------------

\5\ See, 20.11.8.11
---------------------------------------------------------------------------

Section 20 of the County's SIP provides the basis for which a
permit may be cancelled, suspended, or revoked. The proposed
replacement regulation includes a new provision that provides that a
violation of a requirement of the State Act, a board regulation, or a
condition of a permit that has been issued pursuant to 20.11.41 NMAC
may result in suspension or revocation of the permit. This provision
makes the SIP more stringent and we are proposing its approval into the
SIP.
Section 21 of the County's submittal addresses the permittee's
obligation to notify the Department in various instances. This section
adds a new

[[Page 13274]]

requirement for the permittee to notify the Department of the date a
portable source leaves or returns to the County. The permittee must
also notify the Department of any permit update or correction no more
than 60 days after the permittee knows or should have known about the
condition that requires updating or correction of the permit. In
addition, the permittee must submit an annual emissions inventory to
the Department as required by 20.11.47 NMAC. The revised section also
states the timeframes in which the required notifications must be
completed in a clearer manner than the current SIP. These revisions
assist in ensuring that sources are not engaging in acts that will
result in an exceedance of one of the NAAQS and in clarifying when each
notification must be provided to the Department. We are proposing to
approve this section into the SIP.
The County wishes to remove the current section 22--Emergency
Permits from its current SIP. The July 26, 2013 SIP Submittal
renumbered section 22 to section 24. The County, in its technical
support document, and subsequently in its April 21, 2016 letter to the
EPA, declared the provisions to be ``local only'' provisions, thus
indicating an intention that they be removed from the SIP. The removal
of the provision will not interfere with any applicable requirements of
the CAA as it merely provided an avenue for permittees to obtain a
permit at an expedited rate in the event of an emergency. The removal
of such a provision will not interfere with any applicable requirement
of the Act. Sources operating under emergency permits remain subject to
federal enforcement.
The proposed replacement regulation for section 22 clarifies the
performance testing requirements in the County. The proposed regulation
clarifies the following: The permittee is responsible for the testing
expenses, the permittee must submit a written report of the test
results within 30 days of the completion of the testing, and the
Department may require the permittee to repeat the testing or perform
additional testing as frequently as the Department requires to ensure
that the source demonstrates compliance with the permit. The revised
regulation assists in ensuring that sources are in compliance with, and
remain in compliance with, their permits. The revisions incorporate
more stringent requirements for performance testing than what is
currently in the SIP and we are proposing that these revisions be
approved into the SIP.
Section 23 of the County's submittal addresses the temporary
relocation of portable stationary sources in the County. The submittal
adds clarifying language regarding the requirements applicants must
meet in order to relocate a permitted portable source without obtaining
a permit revision. It also includes the incorporation of additional
recordkeeping and notification requirements that must be met in order
for the portable source to relocate without undergoing a permit
revision and identifies any sources that are exempt from the
requirements listed in this section. Further, it requires that the
application for relocation be submitted at least 45 days prior to the
relocation date, that relocation applicants pay the fee required by
20.11.2 NMAC, and that applications include an EPA-approved air
dispersion model showing the proposed new location will comply with the
NAAQS and NMAAQS, include all information required by 20.11.41.13 NMAC
and be signed certifying accuracy. The EPA is proposing to approve
these revised provisions as they include more stringent requirements
for portable source relocation to meet before qualifying for an
exemption from preconstruction permitting. Section 23 meets the
applicable federal requirements and we are proposing its approval into
the SIP.
Section 25 of the County's submittal addresses the requirements for
minor source modifications in nonattainment areas. The proposed
regulation removed the reference to the State of New Mexico non-methane
hydrocarbon standard in 20.11.44 NMAC, Emissions Trading, since the
format of the standard is outdated and its withdrawal from the SIP was
recommended by the EPA Region 6 office.\6\ We are proposing to approve
the removal of this reference. The proposed regulation also contains a
requirement that an existing source that is subject to nonattainment
permitting and is modifying shall demonstrate a net air quality benefit
of at least a 20% reduction in ambient impact for each applicable
contaminant. These revisions result in a more stringent SIP than
currently approved, therefore we find that they meet federal
requirements for SIP-approved permitting plans.
---------------------------------------------------------------------------

\6\ Letter dated February 21, 2007 from Jeff Robinson, EPA to
Neal Butt, Albuquerque Environmental Health Department.
---------------------------------------------------------------------------

Section 28 of the County's submittal addresses administrative and
technical permit revisions. The proposed replacement regulation
includes details on what constitutes administrative and technical
permit revisions, the requirements of the applicant when submitting an
administrative or technical permit revision, and how the Department
processes an administrative or technical permit revision. Each permit
revision type has specific review and permit issuance procedures,
applicable fees, and public notice requirements, as described below:
Administrative permit revisions require that a form on the
revision be submitted by the applicant to the Department. Upon receipt
of the form, the Department determines whether the revision qualifies
as an administrative revision. Administrative revisions are limited to
administrative changes that do not have associated increases in
permitted emissions and do not result in a change to a permit term or
condition, such as: The correction of typographical errors, change in
administrative information (e.g., change in owner, facility address, or
contact phone number), the incorporation of the retirement of a
permitted source or the closing of a facility, or the incorporation of
NMAC exempted sources.\7\ Under this revision, administrative permit
revisions now require a certified written notification of the revision
be submitted by the applicant to the Department. Administrative
revisions become effective upon receipt of the notification by the
Department. The Department is not required to reissue the permit to
incorporate an Administrative permit revision. Administrative revisions
have applicable permit fees under 20.11.41.12 NMAC. These revisions are
not subject to the public notice requirements contained in either
section 13 or section 14.
---------------------------------------------------------------------------

\7\ The incorporation of the 20.11.41.2 NMAC exempted sources
into an existing permit is an administrative action and does not
change the exempt status of these sources. These 20.11.41.2 NMAC
exempt sources remain exempt from Minor NSR permitting requirements
and their incorporation into an existing permit does not result in
an increase in permitted emission rates or change a term or
condition of the existing permit.
---------------------------------------------------------------------------

Technical permit revisions require that an application for
a revision be submitted by the applicant to the Department. Technical
permit revisions are used to accomplish changes that will not result in
a significant emissions increase that cannot be accomplished using the
administrative revisions provision in this section. The Department has
30 days after the receipt of a complete application to approve or deny
the permit revisions or inform the applicant that the request must be
submitted as a permit modification. This timeline for the Department's
action on the permit application may be extended if the Department
holds a public meeting in response to significant public interest
regarding the permit revision. The technical permit

[[Page 13275]]

revision becomes effective upon written approval from the Department,
and the Department is required to file the technical permit revision
with the existing permit. Permit actions that qualify as technical
revisions are required to follow the public notice requirements of
20.11.41.13 NMAC, and fees under 20.11.41.12. Permit actions that
qualify as technical revisions are exempt from the public notice
requirements provided for in 20.11.41.14 NMAC.
Federal Minor NSR Program requirements generally require a 30-day
public review for all sources that are subject to Minor NSR; however,
these requirements also allow a state to identify the types and sizes
of facilities, buildings, structures, or installations, which will
require full preconstruction review by justifying the basis for the
state's determination of the proper scope of its program.\8\
Importantly, our decision to approve a state's scope of its Minor NSR
program must consider the individual air quality concerns of each
jurisdiction, and therefore will vary from state to state. The EPA
recognizes a state's ability to tailor the scope of its Minor NSR
program as necessary to achieve and maintain the NAAQS.
---------------------------------------------------------------------------

\8\ For example, under the federal Tribal NSR regulations, EPA
did not require permits for sources with emissions below ``de
minimis'' levels, and for sources in ``insignificant source
categories''. 76 FR at 38755. In sum, under these Tribal NSR
regulations, some sources are not required to obtain permits, and
have no public notice requirements.
---------------------------------------------------------------------------

The revised SIP rule is more stringent than the current SIP with
respect to requiring written notification of the administrative
revision be submitted by the applicant to the Department. The
administrative permit revisions do not have any associated increases in
permitted emissions and are truly inconsequential in nature. As these
administrative revisions have no associated increases in emissions, we
find that they will not interfere with any provision of the CAA or EPA
regulations as required by section 110(l) of the CAA.
The Department began issuing technical permit revisions when the
revised 20.11.41 NMAC, Construction Permits, became effective on
January 1, 2014. Since 2014, the Department has issued 13 technical
permit revisions in the County. The Department's implementation of the
permit revision program, which allows for reduced public notice for
administrative and technical revisions, has not resulted in a measured
exceedance of the NAAQS and has not shown any interference with
reasonable further progress.\9\ Furthermore, a review of the technical
permit revisions issued since 2014 shows that the total annual
increases in permitted emissions is less than 1 ton per year for all
NAAQS pollutants. In fact, most of the pollutants show no change or an
overall decrease in annual emissions as a result of the technical
permit revisions issued since 2014. This is consistent with our
expectation that the permit revisions and associated public notice
requirements will not have adverse impacts on air quality that
interfere with attainment or reasonable further progress or any other
applicable requirement of the Act.
---------------------------------------------------------------------------

\9\ Permit revisions data provided via letter dated April 21,
2016, from Isreal Tavarez, PE, Environmental Health Manager,
Environmental Health Department, City of Albuquerque to Aimee
Wilson, Air Permitting, EPA, Region 6.
---------------------------------------------------------------------------

However, since the technical permit provision potentially allows
permittees to conduct changes that may potentially result in up to a
one pound per hour increase of a NAAQS pollutant or NMAAQS pollutant,
the County is required to follow the public notice requirements
provided in 40 CFR 51.161, which requires that the County provide ``a
notice by prominent advertisement in the area affected.'' As written,
permittees seeking a technical permit revision are required to provide
public notice by sending a letter to designated representatives of
recognized neighborhood organizations and associations within one-half
mile of the source requesting the modification. This does not meet the
federal notice requirements specified in 40 CFR 51.161. The one-half
mile radius is not sufficient to constitute a ``prominent
advertisement'' in the ``area affected.'' The increase in emissions
allowed under this provision has the potential to affect an area
greater than one-half of a mile. Additionally, there is no way to
ensure that all of the individuals living in areas that could be
potentially affected by this increase are members of, or represented
by, the recognized neighborhood organizations or associations which are
required to be notified. For these reasons, we are proposing to
conditionally approve the technical permit provision established in
Section 28 under CAA section 110(k)(4). The County has committed to
making the required changes to the public participation component of
this provision within one year from the date this conditional approval
becomes final.
Section 29 of the County's submittal addresses permit modification.
The SIP previously defined ``Modification or To Modify'' in section
20.11.41.7(H). The submittal adds a new section entitled ``Permit
Modification'' at 20.11.41.29 which explains that all proposed
modifications must comply with all requirements of 20.11.41. Permit
modifications must follow the same permitting procedures and meet the
same permitting requirements as those required for newly issued Minor
NSR permits. We find that the proposed revision clarifies the permit
modification process and meets the federal requirements for SIP-
approved permitting plans.
Section 30 of the County's submittal addresses permit reopening,
revision, and reissuance. The revision gives the Department the
authority to reopen, revise, or reissue a permit if any mistakes are
found, additional requirements of the CAA or State act are found to
apply, the reopening is necessary to ensure compliance with federal or
state requirements, or the permittee failed to disclose a material fact
to the Department. This revision ensures that the Department has the
authority to prevent violations of the CAA in the event that any of the
aforementioned events occur. Permit reopening, revision, and reissuance
under section 20.1.41.30 would be initiated by the County and is not a
permitting mechanism that the permittee can initiate. Therefore, we
find that these revisions to section 30 will not affect the ability of
the section, or Part 41 overall, to meet the federal requirements for
SIP-approved permitting plans.
Section 31 of the County's submittal creates a new type of permit,
a general construction permit, in the County's Minor NSR Program. A
general construction permit developed by the Department must cover
numerous similar sources. Sources allowed to register for coverage
under a general permit must be homogenous in terms of operations,
processes and emissions, subject to the same or substantially similar
requirements, and not subject to case-by-case standards or
requirements. As required in 20.11.41.31(B)(3)(a) NMAC, a general
construction permit developed by the Department must describe the
sources that qualify to register under the general permit. This
requirement satisfies the federal requirement 40 CFR 51.160(e) which
provides that the SIP must identify the types and sizes of facilities
that will be subject to review. Section 31 states that this provision
does not apply to major modifications or sources as defined by 20.11.60
NMAC. The Department further clarified in its letter dated April 21,
2016, that permits developed and issued under the general permits
programs will not be issued to sources that are defined as major under
federal rules and regulations.

[[Page 13276]]

The submitted regulation specifically requires that a general
permit include monitoring, record keeping and reporting (MRR)
requirements appropriate to the source and sufficient to ensure
compliance with the general construction permit, ensuring that the
provision will be enforceable as required by 40 CFR 51.160(a). The
general permit also must contain sufficient terms and conditions to
ensure that all sources operating under a general permit will meet all
applicable requirements under the Federal Clean Air Act, e.g., NSPS,
NESHAPS, and MACT, and all requirements of the SIP. Sources operating
under general permits are not allowed to cause or contribute to air
contaminant levels in excess of any National or New Mexico Ambient Air
Quality Standard. The provision clearly identifies the category of
sources that qualify for coverage and provides that a source notifies
the Department of its coverage under the program by submitting a
complete application to register. The Department shall grant
registration to a source only if it submits a complete application and
meets the terms and conditions of the general permit. This provision
meets all applicable federal requirements and will not interfere with
any provision in the CAA or in the EPA regulations.
Section 32 of the County's submittal seeks to establish an
accelerated review process. The accelerated review process allows the
County to utilize contractors to perform technical review and the
drafting of permits provided the applicant and contractor meet certain
obligations. The permit applicant has to pay both an accelerated review
processing fee and a permit review fee. The County still retains the
authority to review the draft permit and ensure that it meets all of
the necessary requirements before it is proposed as a draft permit. The
permit however does not go through the same public notice procedures as
other permits as outlined in 20.11.41.14.B. NMAC and does not meet the
minimum requirements of 40 CFR 51.161(b)(1). 40 CFR 51.161 requires
that the state or local agency make public the permittee's application
and the state or agency's analysis of that application. Section 32 does
not require that the application or analysis be posted in a public
place. The County has stated that it inadvertently excluded this
requirement, and that it is their practice to make the application and
analysis available in accordance with 40 CFR 51.161. We are proposing
to conditionally approve this section under 110(k)(4). The County has
committed to updating this section within one year of this rule
becoming final to reflect its practice of making these documents
publicly available.\10\
---------------------------------------------------------------------------

\10\ Letter dated December 20, 2016 to Ron Curry, Regional
Administrator, EPA Region 6, from Mary Lou Leonard, Director
Environmental Health Department, City of Albuquerque.
---------------------------------------------------------------------------

IV. Proposed Action

We are proposing to approve the revisions to the City of
Albuquerque--Bernalillo County Minor NSR program submitted on July 26,
2013, as supplemented on April 21, 2016; July 5, 2016; September 19,
2016; and December 20, 2016, that update the regulations to be
consistent with federal requirements for Minor NSR permitting, remove a
provision that refers to ambient air standards that are unique to the
Air Board that no longer exist, and the reference to the State of New
Mexico non-methane hydrocarbon standard in 20.11.44 NMAC, Emissions
Trading. The EPA has made the preliminary determination that the
revisions are approvable because the submitted rules are adopted and
submitted in accordance with the CAA and are consistent with the laws
and regulations for Minor NSR permitting.
We are proposing to conditionally approve the provisions submitted
on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016;
September 19, 2016; and December 20, 2016, that establish the
accelerated permitting procedures. Additionally, the EPA is proposing
to conditionally approve the definition of ``conflict of interest'' at
20.11.410.7(J) NMAC, permit denial as it relates to conflict of
interest at 20.11.41.17(F) NMAC, and Accelerated Review at 20.11.41.32
NMAC, as adopted on July 10, 2013 and submitted on July 26, 2013. We
are also proposing to conditionally approve the technical permit
revision procedures established in section 28.
Table 4 summarizes the changes made to the County's SIP that are
contained in the SIP revisions submitted on July 26, 2013, as
supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and
December 20, 2016. A summary of the EPA's evaluation of each section
and the basis for this action is discussed in Section III of this
preamble.

Table 4--Summary of the SIP Submittal in This Action
----------------------------------------------------------------------------------------------------------------
Submittal
Section Title dates Proposed action
----------------------------------------------------------------------------------------------------------------
20.11.41 NMAC--Construction Permits
----------------------------------------------------------------------------------------------------------------
20.11.41.1 NMAC...................... Issuing Agency................ 07/26/2013 Approval.
20.11.41.2 NMAC...................... Scope......................... 07/26/2013 Approval.
20.11.41.3 NMAC...................... Statutory Authority........... 07/26/2013 Approval.
20.11.41.4 NMAC...................... Duration...................... 07/26/2013 Approval.
20.11.41.5 NMAC...................... Effective Date................ 07/26/2013 Approval.
20.11.41.6 NMAC...................... Objective..................... 07/26/2013 Approval.
20.11.41.7 NMAC...................... Definitions................... 07/26/2013 Approved except for the
following which we are
conditionally approving:
20.11.41.7.J.,
20.11.41.RR, and the
reference to technical
permit revisions in
20.11.41.EE.
20.11.41.8 NMAC...................... Variances..................... 07/26/2013 Approval.
20.11.41.9 NMAC...................... Savings Clause................ 07/26/2013 Approval.
20.11.41.10 NMAC..................... Severability.................. 07/26/2013 Approval.
20.11.41.11 NMAC..................... Documents..................... 07/26/2013 Approval.
20.11.41.12 NMAC..................... Fees for Permit Application... 07/26/2013 Approval.
20.11.41.13 NMAC..................... Application for Permit........ 07/26/2013 Approval.
20.11.41.14 NMAC..................... Public Participation.......... 07/26/2013 Approval.
20.11.41.15 NMAC..................... Public Information Hearing.... 07/26/2013 Approval.

[[Page 13277]]

20.11.41.16 NMAC..................... Permit Decision and Air Board 07/26/2013 Approval.
Hearing on the Merits.
20.11.41.17 NMAC..................... Basis for Permit Denial....... 07/26/2013 Approved except for
20.11.41.17.F.
20.11.41.18 NMAC..................... Applicants' Additional Legal 07/26/2013 Approval.
Responsibilities.
20.11.41.19 NMAC..................... Permit Conditions............. 07/26/2013 Approval.
20.11.41.20 NMAC..................... Permit Cancellations, 07/26/2013 Approval.
Suspension, or Revocation.
20.11.41.21NMAC...................... Permittee's Obligations to 07/26/2013 Approval.
Inform the Department and
Deliver an Annual Emissions
Inventory.
20.11.41.22 NMAC..................... Performance Testing........... 07/26/2013 Approval.
20.11.41.23 NMAC..................... Temporary Relocation of 07/26/2013 Approval.
Portable Stationary Sources.
20.11.41.24 NMAC..................... Emergency Permits............. 07/26/2013 Removed.
20.11.41.25 NMAC..................... Nonattainment Area 07/26/2013 Approval.
Requirements.
20.11.41.26 NMAC..................... Compliance Certification...... 07/26/2013 Approval.
20.11.41.27 NMAC..................... Enforcement................... 07/26/2013 Approval.
20.11.41.28 NMAC..................... Administrative and Technical 07/26/2013 Approval for
Permit Revisions. Administrative Revisions/
Conditional Approval for
Technical Permit
Revisions.
20.11.41.29 NMAC..................... Permit Modification........... 07/26/2013 Approval.
20.11.41.30 NMAC..................... Permit Reopening, Revision and 07/26/2013 Approval.
Reissuance.
20.11.41.31 NMAC..................... General Construction Permits.. 07/26/2013 Approval.
20.11.41.32 NMAC..................... Accelerated Review of 07/26/2013 Conditional Approval.
Application.
----------------------------------------------------------------------------------------------------------------

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, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA. There is no burden imposed under the PRA because this action
does not contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have tribal implications as specified in
Executive Order 13175. There are no requirements or responsibilities
added or removed from Indian Tribal Governments. Thus, Executive Order
13175 does not apply to this action. In addition, the SIP is not
approved to apply on any Indian reservation land or in any other area
where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the proposed rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves a state program.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action proposes to
approve state permitting provisions that are consistent with the CAA
and disapprove state permitting

[[Page 13278]]

provisions that are inconsistent with the CAA.

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.

Authority: 42 U.S.C. 7401 et seq.

Dated: February 6, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-04734 Filed 3-9-17; 8:45 am]
BILLING CODE 6560-50-P

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