Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Inspection and Maintenance Program Error Correction, 14461-14463 [2017-05376]

Download as PDF 14461 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations Name of non-regulatory SIP revision * Applicable geographic or nonattainment area * * [FR Doc. 2017–05201 Filed 3–20–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2011–0695; FRL–9957–41– Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Inspection and Maintenance Program Error Correction Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is taking direct final action to correct a previously approved diesel inspection and maintenance (I/M) program provision in Albuquerque/Bernalillo County’s State Implementation Plan (SIP). This action is based on our determination that at the time EPA approved the diesel I/M Program the State did not have the legal authority to expand its program to require the testing of 1998 and newer diesel motor vehicles greater than 1,000 and less than 10,001 pounds. DATES: This rule is effective on May 22, 2017 without further notice, unless the EPA receives relevant adverse comment by April 20, 2017. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2011–0695, at https:// www.regulations.gov or via email to walser.john@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the pmangrum on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:46 Mar 20, 2017 State submittal date Jkt 241001 EPA approval date * * 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 Mr. John Walser, 214–665–7128, walser.john@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www2.epa.gov/dockets/commentingepa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Mr. John Walser, 214–665–7128, walser.john@epa.gov. To inspect the hard copy materials, please schedule an appointment with Mr. John Walser or Mr. Bill Deese at 214–665–7253. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. I. Background A. Requirements for SIP Submittals and EPA Action on SIP Submittals Congress enacted the National Ambient Air Quality Standards (NAAQS) and SIP requirements in the 1970 CAA Amendments. CAA section 110(a)(1) requires that states adopt and submit to EPA for approval SIPs that implement the NAAQS. CAA section 110(a)(2) contains a detailed list of requirements that all SIPs must include to be approvable by EPA. Of particular relevance to this action is subparagraph (E)(i) of CAA section 110(a)(2) which provides that SIPs must provide ‘‘necessary assurances that the state . . . will have adequate . . . authority under State (and as appropriate, local) law to carry out such [an] implementation plan.’’ As applicable to inspection and maintenance programs, this provision means that EPA may approve the submitted I/M provisions as part of the SIP only if EPA is satisfied that the state PO 00000 Frm 00043 Fmt 4700 Additional explanation Sfmt 4700 * * will have adequate legal authority under state law to implement the program. B. Authority for EPA To Revise Previous Action on SIPs EPA has authority to revise its previous actions taken on SIP submittals. Two mechanisms are available to EPA: The error correction mechanism provided under CAA section 110(k)(6), and EPA’s general administrative authority to reconsider its own actions under CAA sections 110 and 301(a), in light of case law. CAA section 110(k)(6) provides as follows: Whenever the Administrator determines that the Administrator’s action approving, disapproving, or promulgating any plan or plan revision (or part thereof), area designation, redesignation, classification, or reclassification was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate without requiring any further submission from the State. Such determination and the basis thereof shall be provided to the State and public. Therefore, the Administrator has the authority to ‘‘determine[ ]’’ when a SIP approval was ‘‘in error,’’ and may then revise the SIP approval ‘‘as appropriate,’’ in the same manner as the approval, and without requiring any further submission from the state.1 C. Albuquerque/Bernalillo County Submission On August 1, 2012, EPA proposed to approve revisions to the SIP for Air Quality submitted by the City of Albuquerque/Bernalillo County (the County) area on July 28, 2011 pursuant to the Clean Air Act. (77 FR 45530). These revisions included provisions that expanded the County’s I/M program to include 1998 and newer diesel motor vehicles greater than 1,000 and less than 10,001 pounds. The County submitted a SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V in which it certified that it had the necessary legal authority to include compression ignition powered (diesel) engine testing in its I/M program. We received no comments on this proposal and finalized our approval on October 31, 2012. (77 FR 65821). 1 Please see the ‘‘Legal Support’’ document in the docket for a more in depth explanations of the EPA’s authority to revise previous SIP actions. E:\FR\FM\21MRR1.SGM 21MRR1 14462 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations II. EPA’s Analysis Federal law does not require, nor did it require at the time the SIP revision was submitted, a diesel I/M program. However, under the CAA an agency is free to submit for approval as part of the SIP regulations that are more stringent than federal requirements should it choose to. On August 19, 2016, we received a letter from the Albuquerque Bernalillo County Air Quality Control Board indicating that the County did not have the necessary legal authority to require testing of diesel engines at the time the SIP was submitted to EPA. The County requested that EPA perform an error correction under CAA section 110(k)(6).2 New Mexico statute states that the County may only require testing for vehicles powered by spark ignited combustion engines.3 Diesel engines are not spark ignited but instead rely on compression ignition. Further, the State’s law provides that the County cannot enact any rule that is more stringent than what is federally required; every rule enacted by the County must be at least as stringent, but no more stringent than what is federally required.4 As explained above, EPA has the authority to correct approvals of SIPs should we find that the approval was made in error. Since the County did not have the necessary authority to require testing of diesel engines at the time the SIP revision was submitted, our approval of this diesel I/M provision was made in error. As such, we are taking final action to remove this provision from the County’s SIP. III. What action is EPA taking? EPA is removing the following provisions related to testing diesel vehicles from the County’s SIP: NMAC 20.11.100.5(B), 20.11.100.17(E)(2), and the reference to compression ignition engines in 20.11.100.7(LL)(1), as adopted by the Air Board on May 11, 2011. pmangrum on DSK4SPTVN1PROD with RULES IV. Incorporation by Reference In this rule, we are finalizing regulatory text that includes 2 See, ‘‘Request for administrative error correction under 40 U.S.C. 7601(k)(6) to provisions of the New Mexico State Implementation Plan regarding emissions testing of certain diesel fuel motor vehicles’’ dated August 19, 2016. 3 ‘‘Any local authority that is located within a transportation-related pollutant nonattainment area or maintenance area may provide for a vehicle emission inspection and maintenance program for vehicles under twenty-six thousand pounds gross vehicle weight powered by a spark-ignited internal combustion engine, which program shall be no more stringent than that required under the federal act or under federal air quality standards.’’ NMSA 74–2–4(E) 4 NMSA 74–2–5(C). VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the New Mexico regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This final action is not a ‘‘significant regulatory action’’ and was therefore not submitted to the Office of Management and Budget for review. B. Paperwork Reduction Act (PRA) This final action does not impose an information collection burden under the PRA because it 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. This action merely approves or disapproves a SIP submission as not meeting the CAA. 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. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. 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. This action does not apply on any Indian reservation land, any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, or non-reservation areas of Indian country. Thus, Executive Order 13175 does not apply to this action. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that 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 merely approves or disapproves a SIP submission as not meeting the CAA. H. Executive Order 13211: Actions 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 This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action merely approves or disapproves a SIP submission as not meeting the CAA requirements. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 22, 2017. Filing a E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) requirements, Sulfur oxides, Volatile organic compounds. Samuel Coleman was designated the Acting Regional Administrator on March 13, 2017, through the order of succession outlined in Regional Order R6–1110.1, a copy of which is included in the docket for this action. Dated: March 13, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping 14463 Authority: 42 U.S.C. 7401 et seq. Subpart GG—New Mexico 2. In § 52.1620(c), the second table titled ‘‘EPA Approved Albuquerque/ Bernalillo County, NM regulations’’ is amended by revising the entry for ‘‘Part 100 (20.11.100 NMAC)’’ to read as follows: ■ § 52.1620 * Identification of plan. * * (c) * * * * * 1. The authority citation for part 52 continues to read as follows: ■ EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS State approval/ effective date State citation Title/subject * Part 100 (20.11.100 NMAC) ............ * * Motor Vehicle Inspection—Decentralized. * * * * * * * 08/16/2016 * EPA approval date Explanation * * 03/21/2017 [Insert Federal Register Citation]. * 20.11.100.5(B), 20.11.100.7(LL)(I) and 20.11.100.17(E)(2) are NOT part of the SIP. * * BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: As of March 21, 2017, the effective date of the rule amending 40 CFR part 52 published in the Federal Register at 82 FR 729 on January 4, 2017, delayed at 82 FR 8499 on January 26, 2017, is further delayed to a new effective date of April 20, 2017. SUPPLEMENTARY INFORMATION: DATES: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2015–0067; FRL–9960–35– Region 10] Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area; Further Delay of Effective Date Environmental Protection Agency (EPA). ACTION: Final rule; further delay of effective date. AGENCY: In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ and the Federal Register document published by the Environmental Protection Agency (EPA or Agency) on January 26, 2017, the EPA is taking final action further delaying the effective date for Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of pmangrum on DSK4SPTVN1PROD with RULES VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 * the Logan, Utah/Idaho PM2.5 Nonattainment Area until April 20, 2017. * [FR Doc. 2017–05376 Filed 3–20–17; 8:45 am] SUMMARY: * The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2015–0067. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are ADDRESSES: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW–150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206) 553– 0256; email address: hunt.jeff@epa.gov. I. Background Information On January 26, 2017, the EPA published a document in the Federal Register entitled ‘‘Delay of Effective Date for 30 Final Regulations Published by the Environmental Protection Agency Between October 28, 2016 and January 17, 2017’’ (82 FR 8499). In that document, the EPA delayed the effective date of Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area to March 21, 2017, as requested in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review’’ (January 20 Memo). That memo directed the heads of Executive Departments and Agencies to temporarily postpone for 60 days from the date of the January 20 Memo the effective dates of all regulations that had E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14461-14463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05376]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0695; FRL-9957-41-Region 6]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County; Inspection and Maintenance Program Error
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is taking direct final action to
correct a previously approved diesel inspection and maintenance (I/M)
program provision in Albuquerque/Bernalillo County's State
Implementation Plan (SIP). This action is based on our determination
that at the time EPA approved the diesel I/M Program the State did not
have the legal authority to expand its program to require the testing
of 1998 and newer diesel motor vehicles greater than 1,000 and less
than 10,001 pounds.

DATES: This rule is effective on May 22, 2017 without further notice,
unless the EPA receives relevant adverse comment by April 20, 2017. If
the EPA receives such comment, the EPA will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0695, at https://www.regulations.gov or via email to
walser.john@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. John Walser, 214-665-
7128, walser.john@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. John Walser, 214-665-7128,
walser.john@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Mr. John Walser or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

A. Requirements for SIP Submittals and EPA Action on SIP Submittals

Congress enacted the National Ambient Air Quality Standards (NAAQS)
and SIP requirements in the 1970 CAA Amendments. CAA section 110(a)(1)
requires that states adopt and submit to EPA for approval SIPs that
implement the NAAQS. CAA section 110(a)(2) contains a detailed list of
requirements that all SIPs must include to be approvable by EPA. Of
particular relevance to this action is subparagraph (E)(i) of CAA
section 110(a)(2) which provides that SIPs must provide ``necessary
assurances that the state . . . will have adequate . . . authority
under State (and as appropriate, local) law to carry out such [an]
implementation plan.'' As applicable to inspection and maintenance
programs, this provision means that EPA may approve the submitted I/M
provisions as part of the SIP only if EPA is satisfied that the state
will have adequate legal authority under state law to implement the
program.

B. Authority for EPA To Revise Previous Action on SIPs

EPA has authority to revise its previous actions taken on SIP
submittals. Two mechanisms are available to EPA: The error correction
mechanism provided under CAA section 110(k)(6), and EPA's general
administrative authority to reconsider its own actions under CAA
sections 110 and 301(a), in light of case law. CAA section 110(k)(6)
provides as follows:

Whenever the Administrator determines that the Administrator's
action approving, disapproving, or promulgating any plan or plan
revision (or part thereof), area designation, redesignation,
classification, or reclassification was in error, the Administrator
may in the same manner as the approval, disapproval, or promulgation
revise such action as appropriate without requiring any further
submission from the State. Such determination and the basis thereof
shall be provided to the State and public.

Therefore, the Administrator has the authority to ``determine[ ]''
when a SIP approval was ``in error,'' and may then revise the SIP
approval ``as appropriate,'' in the same manner as the approval, and
without requiring any further submission from the state.\1\
---------------------------------------------------------------------------

\1\ Please see the ``Legal Support'' document in the docket for
a more in depth explanations of the EPA's authority to revise
previous SIP actions.
---------------------------------------------------------------------------

C. Albuquerque/Bernalillo County Submission

On August 1, 2012, EPA proposed to approve revisions to the SIP for
Air Quality submitted by the City of Albuquerque/Bernalillo County (the
County) area on July 28, 2011 pursuant to the Clean Air Act. (77 FR
45530). These revisions included provisions that expanded the County's
I/M program to include 1998 and newer diesel motor vehicles greater
than 1,000 and less than 10,001 pounds. The County submitted a SIP
Completeness Checklist pursuant to 40 CFR 51, Appendix V in which it
certified that it had the necessary legal authority to include
compression ignition powered (diesel) engine testing in its I/M
program. We received no comments on this proposal and finalized our
approval on October 31, 2012. (77 FR 65821).

[[Page 14462]]

II. EPA's Analysis

Federal law does not require, nor did it require at the time the
SIP revision was submitted, a diesel I/M program. However, under the
CAA an agency is free to submit for approval as part of the SIP
regulations that are more stringent than federal requirements should it
choose to. On August 19, 2016, we received a letter from the
Albuquerque Bernalillo County Air Quality Control Board indicating that
the County did not have the necessary legal authority to require
testing of diesel engines at the time the SIP was submitted to EPA. The
County requested that EPA perform an error correction under CAA section
110(k)(6).\2\ New Mexico statute states that the County may only
require testing for vehicles powered by spark ignited combustion
engines.\3\ Diesel engines are not spark ignited but instead rely on
compression ignition. Further, the State's law provides that the County
cannot enact any rule that is more stringent than what is federally
required; every rule enacted by the County must be at least as
stringent, but no more stringent than what is federally required.\4\
---------------------------------------------------------------------------

\2\ See, ``Request for administrative error correction under 40
U.S.C. 7601(k)(6) to provisions of the New Mexico State
Implementation Plan regarding emissions testing of certain diesel
fuel motor vehicles'' dated August 19, 2016.
\3\ ``Any local authority that is located within a
transportation-related pollutant nonattainment area or maintenance
area may provide for a vehicle emission inspection and maintenance
program for vehicles under twenty-six thousand pounds gross vehicle
weight powered by a spark-ignited internal combustion engine, which
program shall be no more stringent than that required under the
federal act or under federal air quality standards.'' NMSA 74-2-4(E)
\4\ NMSA 74-2-5(C).
---------------------------------------------------------------------------

As explained above, EPA has the authority to correct approvals of
SIPs should we find that the approval was made in error. Since the
County did not have the necessary authority to require testing of
diesel engines at the time the SIP revision was submitted, our approval
of this diesel I/M provision was made in error. As such, we are taking
final action to remove this provision from the County's SIP.

III. What action is EPA taking?

EPA is removing the following provisions related to testing diesel
vehicles from the County's SIP: NMAC 20.11.100.5(B),
20.11.100.17(E)(2), and the reference to compression ignition engines
in 20.11.100.7(LL)(1), as adopted by the Air Board on May 11, 2011.

IV. Incorporation by Reference

In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the New Mexico regulations as described in the Final
Action section above. We have made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

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

This final action is not a ``significant regulatory action'' and
was therefore not submitted to the Office of Management and Budget for
review.

B. Paperwork Reduction Act (PRA)

This final action does not impose an information collection burden
under the PRA because it 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. This
action merely approves or disapproves a SIP submission as not meeting
the CAA.

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. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

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. This action does not apply on any Indian
reservation land, any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, or non-reservation areas of
Indian country. Thus, Executive Order 13175 does not apply to this
action.

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

EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that 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 merely approves or disapproves a SIP submission as not
meeting the CAA.

H. Executive Order 13211: Actions 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

This rulemaking does not involve technical standards.

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

EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income or
indigenous populations. This action merely approves or disapproves a
SIP submission as not meeting the CAA requirements.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 22, 2017. Filing a

[[Page 14463]]

petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

Samuel Coleman was designated the Acting Regional Administrator on
March 13, 2017, through the order of succession outlined in Regional
Order R6-1110.1, a copy of which is included in the docket for this
action.

Dated: March 13, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. In Sec. 52.1620(c), the second table titled ``EPA Approved
Albuquerque/Bernalillo County, NM regulations'' is amended by revising
the entry for ``Part 100 (20.11.100 NMAC)'' to read as follows:

Sec. 52.1620 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Part 100 (20.11.100 NMAC)........ Motor Vehicle 08/16/2016 03/21/2017 [Insert 20.11.100.5(B),
Inspection--Decentr Federal Register 20.11.100.7(LL)(I)
alized. Citation]. and
20.11.100.17(E)(2)
are NOT part of the
SIP.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-05376 Filed 3-20-17; 8:45 am]
BILLING CODE 6560-50-P

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