Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction Permitting Program, 29421-29424 [2017-13449]

Download as PDF 29421 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations 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 nlaroche on DSK30NT082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:31 Jun 28, 2017 * Permits ......................................... * * 8/14/2016 Jkt 241001 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- Frm 00059 Fmt 4700 * Sfmt 4700 * 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 E:\FR\FM\29JNR1.SGM 29JNR1 nlaroche on DSK30NT082PROD with RULES 29422 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; VerDate Sep<11>2014 15:31 Jun 28, 2017 Jkt 241001 • 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 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 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 E:\FR\FM\29JNR1.SGM 29JNR1 29423 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. * * * * nlaroche on DSK30NT082PROD with RULES (e) * * * VerDate Sep<11>2014 16:04 Jun 28, 2017 Jkt 241001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1 * 29424 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 nlaroche on DSK30NT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:04 Jun 28, 2017 Jkt 241001 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 Frm 00062 Fmt 4700 Sfmt 4700 * 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 E:\FR\FM\29JNR1.SGM 29JNR1

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].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-13449 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.