Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction Permitting Program, 29421-29424 [2017-13449]
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review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
Authority: 42 U.S.C. 7401 et seq.
Particulate matter, Sulfur oxides,
Volatile organic compounds.
Subpart L—Georgia
Dated: June 14, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
2. Amend § 52.570(c) by revising the
entries for ‘‘391–3–1–.01’’ and ‘‘391–3–
1–.03’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA APPROVED GEORGIA REGULATIONS
State
effective date
State citation
Title/subject
391–3–1–.01 ................................
Definitions ....................................
*
*
*
391–3–1–.03 ................................
*
*
*
*
*
*
[FR Doc. 2017–13536 Filed 6–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0615; FRL–9963–41–
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: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of revisions to the
applicable New Source Review (NSR)
State Implementation Plan (SIP) for the
City of Albuquerque-Bernalillo County.
The EPA is approving the following:
The establishment of a new Minor NSR
general construction permitting
program; changes to the Minor NSR
Public Participation requirements; and
the addition of exemptions from Minor
NSR permitting for inconsequential
emission sources and activities.
Additionally, the EPA is conditionally
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SUMMARY:
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*
Permits .........................................
*
*
8/14/2016
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EPA approval date
6/29/2017, [Insert Federal
Register citation].
*
8/9/2012
*
*
I. Background
The background for this action is
discussed in detail in our March 10,
2017 proposal (82 FR 13270). In that
document, we proposed to approve the
revisions to the City of Albuquerque-
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*
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*
6/29/2017, [Insert Federal
Register citation].
approving the provisions establishing
accelerated review and technical permit
revisions.
DATES: This rule is effective on July 31,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2013–0615. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Aimee Wilson, 214–665–7596,
wilson.aimee@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
PO 00000
Explanation
*
*
Bernalillo County Minor NSR
permitting 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
obsolete ambient air standards that are
unique to the Albuquerque/Bernalillo
County Air Quality Control Board, and
remove the reference to the State of New
Mexico non-methane hydrocarbon
standard in 20.11.44 NMAC. We also
proposed to conditionally approve
severable provisions submitted on July
26, 2013, as supplemented on April 21,
2016; July 5, 2016; September 19, 2016;
and December 20, 2016, which
establish, and pertain to, the accelerated
permitting procedures, conflict of
interest, and technical permit revisions.
II. Final Action
We are approving revisions to the City
of Albuquerque-Bernalillo County
Minor NSR permitting program
submitted on July 26, 2013, as
supplemented on April 21, 2016; July 5,
2016; September 19, 2016; and
December 20, 2016. The revisions were
adopted and submitted in accordance
with the requirements of the CAA and
the EPA’s regulations regarding SIP
development at 40 CFR part 51.
Additionally, we have determined that
the submitted revisions to the City of
Albuquerque-Bernalillo County Minor
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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
NSR program are consistent with the
EPA’s regulations at 40 CFR 51.160–
51.164 and the associated policy and
guidance. Therefore, under section 110
of the Act, the EPA approves into the
New Mexico SIP for the City of
Albuquerque-Bernalillo County the
following revisions adopted on July 10,
2013, and submitted to the EPA on July
26, 2013:
• Revisions to 20.11.41.1 NMAC,
Issuing Agency;
• Revisions to 20.11.41.2 NMAC,
Scope;
• Revisions to 20.11.41.3 NMAC,
Statutory Authority;
• Revisions to 20.11.41.4 NMAC,
Duration;
• Revisions to 20.11.41.5 NMAC,
Effective Date;
• Revisions to 20.11.41.6 NMAC,
Objective;
• Revisions to 20.11.41.7 NMAC,
Definitions, with the exception of
20.11.41.7.J NMAC, 20.11.41.7.RR
NMAC, and the reference to technical
permit revisions in 20.11.41.7EE NMAC,
as discussed below;
• Revisions to 20.11.41.8 NMAC,
Variances;
• Revisions to 20.11.41.9 NMAC,
Savings Clause;
• Revisions to 20.11.41.10 NMAC,
Severability;
• Revisions to 20.11.41.11 NMAC,
Documents;
• Revisions to 20.11.41.12 NMAC,
Fees for Permit Application;
• Revisions to 20.11.41.13 NMAC,
Application for Permit;
• Revisions to 20.11.41.14 NMAC,
Public Participation;
• Revisions to 20.11.41.15 NMAC,
Public Information Hearing;
• Revisions to 20.11.41.16 NMAC,
Permit Decision and Air Board Hearing
on the Merits;
• Revisions to 20.11.41.17 NMAC,
Basis for Permit Denial, with the
exception of 20.11.41.17.F NMAC, as
discussed below;
• Revisions to 20.11.41.18 NMAC,
Applicants’ Additional Legal
Responsibilities;
• Revisions to 20.11.41.19 NMAC,
Permit Conditions;
• Revisions to 20.11.41.20 NMAC,
Permit Cancellations, Suspension, or
Revocation;
• Revisions to 20.11.41.21 NMAC,
Permittee’s Obligations to Inform the
Department and Deliver an Annual
Emissions Inventory;
• Revisions to 20.11.41.22 NMAC,
Performance Testing;
• Revisions to 20.11.41.23 NMAC,
Temporary Relocation of Portable
Stationary Sources;
• Revisions to remove 20.11.41.24
NMAC, Emergency Permits;
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• Revisions to 20.11.41.25 NMAC,
Nonattainment Area Requirements;
• Revisions to 20.11.41.26 NMAC,
Compliance Certification;
• Revisions to 20.11.41.27 NMAC,
Enforcement;
• Revisions to 20.11.41.28 NMAC,
Administrative and Technical Permit
Revisions, with the exception of
provisions pertaining to Technical
Permit Revisions, as discussed below;
• Revisions to 20.11.41.29 NMAC,
Permit Modification;
• Revisions to 20.11.41.30 NMAC,
Permit Reopening, Revision and
Reissuance; and
• Revisions to 20.11.41.31 NMAC,
General Construction Permits.
Additionally, the EPA is finalizing the
conditional approval of the severable
provisions submitted on July 26, 2013,
as supplemented on April 21, 2016; July
5, 2016; September 19, 2016; and
December 20, 2016, pertaining to the
accelerated permitting procedures,
technical permit revisions, and the
definition of conflict of interest. In a
letter dated December 22, 2016, the City
of Albuquerque has committed to
addressing the concerns identified in
our proposed conditional approval
within one year from the date of the
EPA’s final conditional approval. Based
on this commitment and the authority
provided under section 110(k)(4) of the
Act, we have determined it is
appropriate to conditionally approve
into the New Mexico SIP for the City of
Albuquerque-Bernalillo County the
following revisions adopted on July 10,
2013, and submitted to the EPA on July
26, 2013:
• The definition of ‘‘Conflict of
Interest’’ at 20.11.41.7.J NMAC;
• The references to ‘‘technical permit
revisions’’ in the definition for ‘‘Permit’’
at 20.11.41.7.EE NMAC;
• The definition of ‘‘Technical permit
revision or technical revision’’ at
20.11.41.7.RR NMAC;
• Revisions to 20.11.41.17.F NMAC
for conflict of interest;
• Revisions to 20.11.41.28 NMAC,
pertaining to Technical Permit
Revisions; and
• Revisions to 20.11.41.32 NMAC,
Accelerated Review of Application.
The City of Albuquerque committed
in a letter dated December 22, 2016, to
adopt specific enforceable measures and
to submit these provisions to the EPA
for consideration as a SIP revision
within one year from the date of the
EPA’s final conditional approval. If the
EPA determines that the submitted
revised enforceable measures are
complete and approvable, the EPA will
take a separate action to propose
approval of the revisions. If the State
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does not meet its commitment within
the specified time period by (1) not
adopting and submitting measures by
the date it committed to, (2) not
submitting anything, or (3) EPA finds
the submittal incomplete, the approval
will be converted to a disapproval. The
Regional Administrator would send a
letter to the State finding that it did not
meet its commitment or that the
submittal is incomplete and that the SIP
submittal was therefore disapproved.
The 18-month clock for sanctions and
the two-year clock for a Federal
Implementation Plan (FIP) would start
as of the date of the letter. Subsequently,
a notice to that effect would be
published in the Federal Register, and
appropriate language inserted in the
Code of Federal Regulations (CFR).
III. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the New Mexico,
Albuquerque/Bernalillo County
regulations as described in the Final
Action section above. We have made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 28, 2017.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 15, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. Amend § 52.1620 by:
A. In paragraph (c), the second table
‘‘EPA Approved Albuquerque/Bernalillo
County, NM Regulations’’ is amended
by revising the entry for ‘‘Part 41
(20.11.41 NMAC) Authority to
Construct’’.
■ B. In paragraph (e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP’’ is
amended by adding four entries at the
end of the table.
The revision and additions read as
follows:
■
■
List of Subjects in 40 CFR Part 52
§ 52.1620
Environmental protection, Air
pollution control, Carbon monoxide,
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State citation
*
Part 41 (20.11.41
NMAC).
*
Title/subject
*
Authority to Construct.
*
State
approval/
effective date
*
7/10/2013
EPA approval date
Explanation
*
6/29/2017, [Insert
Federal Register
citation].
*
*
*
The following are conditionally approved 20.11.41.7.J
NMAC, references to ‘‘technical permit revisions’’ in
20.11.41.EE NMAC, 20.11.41.RR NMAC, 20.11.41.17.F
NMAC, 20.11.41.28 NMAC, and 20.11.41.32 NMAC.
*
*
*
*
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(e) * * *
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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Name of SIP
Provisions
Applicable geographic or
nonattainment area
*
*
City of Albuquerque Clarification
Letter on Minor NSR SIP.
City of Albuquerque Clarification
Letter Providing Public Notices of
Minor NSR to EPA.
City of Albuquerque Letter regarding Public Notice for Minor NSR.
City of Albuquerque Minor NSR
Commitment Letter.
*
*
City of Albuquerque—Bernalillo
County.
City
of
Albuquerque-Bernalillo
County.
City
of
County.
City
of
County.
[FR Doc. 2017–13449 Filed 6–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2015–0790; FRL 9964–04Region 7]
Approval of Missouri’s Air Quality
Implementation Plans; Reporting
Emission Data, Emission Fees and
Process Information
Environmental Protection
Agency (EPA).
ACTION: Final rule and correcting
amendment.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Operating
Permits Program for the State of
Missouri submitted on March 16, 2015.
These revisions update the emissions
fee for permitted sources as set by
Missouri Statute from $40 to $48 per ton
of air pollution emitted annually,
effective January 1, 2016. EPA is also
responding to comments received on the
proposed action published in the
Federal Register on January 15, 2016. In
addition, EPA is making a correction to
the previous direct final rule published
in the Federal Register on January 15,
2016. EPA inadvertently approved and
codified this action under both part 52
(Approval and Promulgation of
Implementation Plans) and part 70
(State Operating Permit Programs). This
final rule removes the part 52 approval
and codification and makes a
clarification to the part 70 approval
relating to the state effective date.
DATES: This final rule is effective on July
31, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
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SUMMARY:
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State
submittal/
effective
date
4/21/2016
6/5/2016
Albuquerque-Bernalillo
9/19/2016
Albuquerque-Bernalillo
12/20/2016
EPA approval date
*
*
6/29/2017, [Insert Federal Register citation].
6/29/2017, [Insert Federal Register citation].
I. What is being addressed in this document?
II. EPA’s Response to Comments.
III. What action is EPA taking?
I. What is being addressed in this
document?
EPA is taking final action to approve
the state’s Title V revision to 10 C.S.R.
10–6.110 ‘‘Reporting Emission Data,
Emission Fees, and Process
Information’’, submitted by the state of
Missouri on March 16, 2015. This
revision updates the emissions fee for
permitted sources as set by Missouri
Statute. Specifically, section (3)(A)
revises the emission fees section, which
is approved under the Operating
Permits Program only, and updates the
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*
6/29/2017, [Insert Federal Register citation].
6/29/2017, [Insert Federal Register citation].
No. EPA–R07–OAR–2015–0790. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically at
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information. For additional
information and general guidance,
please visit https://www2.epa.gov/
dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7942, or by email at algoeeakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
PO 00000
Explanation
emissions fee for permitted sources as
set by Missouri Statute from $40 to $48
per ton of air pollution emitted
annually, effective January 1, 2016.
In addition, EPA is making a
correction to the previous direct final
rule published in the Federal Register
on January 15, 2016 (81 FR 2090). In
that action, EPA inadvertently approved
and codified the state’s submission
relating to Missouri rule 10 CSR
6.110(3)(a) pursuant to 40 CFR part 52
(Approval and Promulgation of
Implementation Plans) and part 70
(State Operating Permit Programs). This
action corrects the error by recodifying
table (c) of § 52.1320 back to its
previously approved and codified entry
(76 FR 77701, 12/14/11). EPA is only
approving this action pursuant to 40
CFR part 70 per the state’s submission
request. Also, the January 15, 2016,
direct final rule approved and added
new paragraph (ee) to part 70 appendix
A. The new paragraph (ee) erroneously
listed the state effective date of
November 20, 2014. The correct state
effective date is March 30, 2015. This
final action revises paragraph (ee) to
read as set out in the regulatory text
below.
II. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule (81 FR 2159, January 15,
2016) opened January 15, 2016, the date
of its publication in the Federal
Register, and closed on February 16,
2016. During this period, EPA received
one comment.
Comment: The commenter expressed
concern with the intent to increase fees
on pollutant emissions and the
subsequent use of those fees once
collected. The commenter understood
that the fees were collected to fund the
state’s regulatory activities. However,
the commenter questioned how those
funds would be used by the state and
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Agencies
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29421-29424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13449]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0615; FRL-9963-41-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving portions of
revisions to the applicable New Source Review (NSR) State
Implementation Plan (SIP) for the City of Albuquerque-Bernalillo
County. The EPA is approving the following: The establishment of a new
Minor NSR general construction permitting program; changes to the Minor
NSR Public Participation requirements; and the addition of exemptions
from Minor NSR permitting for inconsequential emission sources and
activities. Additionally, the EPA is conditionally approving the
provisions establishing accelerated review and technical permit
revisions.
DATES: This rule is effective on July 31, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2013-0615. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Aimee Wilson, 214-665-7596,
wilson.aimee@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our March
10, 2017 proposal (82 FR 13270). In that document, we proposed to
approve the revisions to the City of Albuquerque-Bernalillo County
Minor NSR permitting 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 obsolete ambient air standards that are unique to the
Albuquerque/Bernalillo County Air Quality Control Board, and remove the
reference to the State of New Mexico non-methane hydrocarbon standard
in 20.11.44 NMAC. We also proposed to conditionally approve severable
provisions submitted on July 26, 2013, as supplemented on April 21,
2016; July 5, 2016; September 19, 2016; and December 20, 2016, which
establish, and pertain to, the accelerated permitting procedures,
conflict of interest, and technical permit revisions.
II. Final Action
We are approving revisions to the City of Albuquerque-Bernalillo
County Minor NSR permitting program submitted on July 26, 2013, as
supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and
December 20, 2016. The revisions were adopted and submitted in
accordance with the requirements of the CAA and the EPA's regulations
regarding SIP development at 40 CFR part 51. Additionally, we have
determined that the submitted revisions to the City of Albuquerque-
Bernalillo County Minor
[[Page 29422]]
NSR program are consistent with the EPA's regulations at 40 CFR 51.160-
51.164 and the associated policy and guidance. Therefore, under section
110 of the Act, the EPA approves into the New Mexico SIP for the City
of Albuquerque-Bernalillo County the following revisions adopted on
July 10, 2013, and submitted to the EPA on July 26, 2013:
Revisions to 20.11.41.1 NMAC, Issuing Agency;
Revisions to 20.11.41.2 NMAC, Scope;
Revisions to 20.11.41.3 NMAC, Statutory Authority;
Revisions to 20.11.41.4 NMAC, Duration;
Revisions to 20.11.41.5 NMAC, Effective Date;
Revisions to 20.11.41.6 NMAC, Objective;
Revisions to 20.11.41.7 NMAC, Definitions, with the
exception of 20.11.41.7.J NMAC, 20.11.41.7.RR NMAC, and the reference
to technical permit revisions in 20.11.41.7EE NMAC, as discussed below;
Revisions to 20.11.41.8 NMAC, Variances;
Revisions to 20.11.41.9 NMAC, Savings Clause;
Revisions to 20.11.41.10 NMAC, Severability;
Revisions to 20.11.41.11 NMAC, Documents;
Revisions to 20.11.41.12 NMAC, Fees for Permit
Application;
Revisions to 20.11.41.13 NMAC, Application for Permit;
Revisions to 20.11.41.14 NMAC, Public Participation;
Revisions to 20.11.41.15 NMAC, Public Information Hearing;
Revisions to 20.11.41.16 NMAC, Permit Decision and Air
Board Hearing on the Merits;
Revisions to 20.11.41.17 NMAC, Basis for Permit Denial,
with the exception of 20.11.41.17.F NMAC, as discussed below;
Revisions to 20.11.41.18 NMAC, Applicants' Additional
Legal Responsibilities;
Revisions to 20.11.41.19 NMAC, Permit Conditions;
Revisions to 20.11.41.20 NMAC, Permit Cancellations,
Suspension, or Revocation;
Revisions to 20.11.41.21 NMAC, Permittee's Obligations to
Inform the Department and Deliver an Annual Emissions Inventory;
Revisions to 20.11.41.22 NMAC, Performance Testing;
Revisions to 20.11.41.23 NMAC, Temporary Relocation of
Portable Stationary Sources;
Revisions to remove 20.11.41.24 NMAC, Emergency Permits;
Revisions to 20.11.41.25 NMAC, Nonattainment Area
Requirements;
Revisions to 20.11.41.26 NMAC, Compliance Certification;
Revisions to 20.11.41.27 NMAC, Enforcement;
Revisions to 20.11.41.28 NMAC, Administrative and
Technical Permit Revisions, with the exception of provisions pertaining
to Technical Permit Revisions, as discussed below;
Revisions to 20.11.41.29 NMAC, Permit Modification;
Revisions to 20.11.41.30 NMAC, Permit Reopening, Revision
and Reissuance; and
Revisions to 20.11.41.31 NMAC, General Construction
Permits.
Additionally, the EPA is finalizing the conditional approval of the
severable provisions submitted on July 26, 2013, as supplemented on
April 21, 2016; July 5, 2016; September 19, 2016; and December 20,
2016, pertaining to the accelerated permitting procedures, technical
permit revisions, and the definition of conflict of interest. In a
letter dated December 22, 2016, the City of Albuquerque has committed
to addressing the concerns identified in our proposed conditional
approval within one year from the date of the EPA's final conditional
approval. Based on this commitment and the authority provided under
section 110(k)(4) of the Act, we have determined it is appropriate to
conditionally approve into the New Mexico SIP for the City of
Albuquerque-Bernalillo County the following revisions adopted on July
10, 2013, and submitted to the EPA on July 26, 2013:
The definition of ``Conflict of Interest'' at 20.11.41.7.J
NMAC;
The references to ``technical permit revisions'' in the
definition for ``Permit'' at 20.11.41.7.EE NMAC;
The definition of ``Technical permit revision or technical
revision'' at 20.11.41.7.RR NMAC;
Revisions to 20.11.41.17.F NMAC for conflict of interest;
Revisions to 20.11.41.28 NMAC, pertaining to Technical
Permit Revisions; and
Revisions to 20.11.41.32 NMAC, Accelerated Review of
Application.
The City of Albuquerque committed in a letter dated December 22,
2016, to adopt specific enforceable measures and to submit these
provisions to the EPA for consideration as a SIP revision within one
year from the date of the EPA's final conditional approval. If the EPA
determines that the submitted revised enforceable measures are complete
and approvable, the EPA will take a separate action to propose approval
of the revisions. If the State does not meet its commitment within the
specified time period by (1) not adopting and submitting measures by
the date it committed to, (2) not submitting anything, or (3) EPA finds
the submittal incomplete, the approval will be converted to a
disapproval. The Regional Administrator would send a letter to the
State finding that it did not meet its commitment or that the submittal
is incomplete and that the SIP submittal was therefore disapproved. The
18-month clock for sanctions and the two-year clock for a Federal
Implementation Plan (FIP) would start as of the date of the letter.
Subsequently, a notice to that effect would be published in the Federal
Register, and appropriate language inserted in the Code of Federal
Regulations (CFR).
III. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the New Mexico, Albuquerque/Bernalillo County regulations
as described in the Final Action section above. We have made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the EPA Region 6
office.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities
[[Page 29423]]
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 28, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. 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, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 15, 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. Amend Sec. 52.1620 by:
0
A. In paragraph (c), the second table ``EPA Approved Albuquerque/
Bernalillo County, NM Regulations'' is amended by revising the entry
for ``Part 41 (20.11.41 NMAC) Authority to Construct''.
0
B. In paragraph (e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by adding four entries at the end of the table.
The revision and additions 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 Explanation
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 41 (20.11.41 NMAC)...... Authority to 7/10/2013 6/29/2017, The following are
Construct. [Insert conditionally approved
Federal 20.11.41.7.J NMAC, references
Register to ``technical permit
citation]. revisions'' in 20.11.41.EE
NMAC, 20.11.41.RR NMAC,
20.11.41.17.F NMAC,
20.11.41.28 NMAC, and
20.11.41.32 NMAC.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
[[Page 29424]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP Provisions geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
City of Albuquerque City of 4/21/2016 6/29/2017, [Insert .......................
Clarification Letter on Minor Albuquerque--Berna Federal Register
NSR SIP. lillo County. citation].
City of Albuquerque City of Albuquerque- 6/5/2016 6/29/2017, [Insert .......................
Clarification Letter Providing Bernalillo County. Federal Register
Public Notices of Minor NSR to citation].
EPA.
City of Albuquerque Letter City of Albuquerque- 9/19/2016 6/29/2017, [Insert .......................
regarding Public Notice for Bernalillo County. Federal Register
Minor NSR. citation].
City of Albuquerque Minor NSR City of Albuquerque- 12/20/2016 6/29/2017, [Insert .......................
Commitment Letter. Bernalillo County. Federal Register
citation].
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[FR Doc. 2017-13449 Filed 6-28-17; 8:45 am]
BILLING CODE 6560-50-P