Air Plan Approval; New Mexico; Albuquerque/Bernalillo County; Minor New Source Review (NSR) Preconstruction Permitting Program Revisions, 17129-17131 [2019-07583]
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<![CDATA[
Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Proposed Rules
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• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
VerDate Sep<11>2014
16:04 Apr 23, 2019
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Dated: April 11, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019–08164 Filed 4–23–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0176; FRL–9991–12–
Region 6]
Air Plan Approval; New Mexico;
Albuquerque/Bernalillo County; Minor
New Source Review (NSR)
Preconstruction Permitting Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to convert its
June 29, 2017 conditional approval of
revisions to the New Mexico State
Implementation Plan (SIP) for the City
of Albuquerque-Bernalillo County
minor New Source Review (NSR)
program to full approval. The January
18, 2018 SIP submittal satisfies New
Mexico’s commitment which was the
basis of our conditional approval of the
minor NSR Preconstruction Permitting
Program. Final approval of this SIP
submittal will convert our earlier
conditional approval to full approval.
We are taking this action in accordance
with the Clean Air Act (CAA, the Act)
requirements.
DATES: Written comments must be
received on or before May 24, 2019.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2018–0176, at https://
www.regulations.gov or via email to
cox.kyndall@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
SUMMARY:
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17129
additional submission methods, please
contact Ms. Kyndall Cox, 214–665–
8567, cox.kyndall@epa.gov. For the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Kyndall Cox, Air Permits Section, EPA
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, TX 75202, (214) 665–8567,
cox.kyndall@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Kyndall Cox.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
The CAA at section 110(a)(2)C)
requires states to develop and submit to
the EPA for approval into the SIP,
preconstruction review and permitting
programs applicable to certain new and
modified stationary sources of air
pollutants for attainment/unclassifiable
and nonattainment areas that cover both
major and minor new sources and
modifications, collectively referred to as
the new source review (NSR) SIP. The
CAA NSR SIP program is composed of
three separate programs: Prevention of
Significant Deterioration (PSD),
Nonattainment New Source Review
(NNSR), and minor New Source Review
(MNSR). The minor NSR SIP program
addresses construction or modification
activities that do not emit, or have the
potential to emit, beyond certain major
source/major modification thresholds
and thus do not qualify as ‘‘major’’ and
applies regardless of the designation of
the area in which a source is located.
The EPA regulations governing the
criteria that states must satisfy for EPA
approval of the NSR programs as part of
the SIP are contained in 40 CFR 51.160–
51.166. The minor NSR regulations are
contained in 40 CFR 51.160–51.164.
The City of Albuquerque-Bernalillo
County submitted revisions to their
minor NSR program on July 26, 2013,
and subsequently provided
supplemental information on April 21,
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2016; July 5, 2016; September 19, 2016;
and December 20, 2016. In our final
rulemaking action, June 29, 2017 (82 FR
29421), we determined that portions of
the City of Albuquerque-Bernalillo
County SIP submittal were inconsistent
with the applicable Federal regulations.
Specifically, we found the portions
pertaining to accelerated permitting
procedures, technical permit revisions,
and conflict of interest were not
consistent with the required elements of
minor NSR programs at 40 CFR 51.160–
51.164.
In a letter dated December 22, 2016,
the City of Albuquerque committed to
adopt enforceable revisions to 20.11.41
NMAC to address these concerns and
submit these revisions to the EPA as a
SIP revision within one year of the
EPA’s conditional approval. The
January 18, 2018 SIP revision is the
City’s fulfillment of this commitment.
II. Evaluation
The January 18, 2018 SIP submittal
addresses and corrects the deficiencies
of the City of Albuquerque-Bernalillo
County minor NSR program identified
in our June 29, 2017, (82 FR 29421),
final conditional approval as
summarized below. The EPA’s
Technical Support Document for this
action is available in the rulemaking
docket and includes a detailed analysis
of the submitted revisions to the New
Mexico SIP for the City of AlbuquerqueBernalillo County minor NSR program.
In our June 29, 2017 final rule, we
found that the abbreviated public notice
process established by 20.11.41.13
NMAC for technical permit revisions
was inconsistent with the requirements
of 40 CFR 51.161 since it did not meet
the applicable prominent advertisement
requirements. The County adopted a
single revision to 20.11.41.13 NMAC,
Application for Permit, which removed
the abbreviated public participation
process for technical permit revisions
that the EPA had determined was
inconsistent with the requirements
found in 40 CFR 51.161.
The County revised and clarified the
technical permit provisions in
20.11.41.28 NMAC, Administrative and
Technical Permit Revisions. In our June
29, 2017 final rule (82 FR 29421), we
noted that the Section 28 provisions
were inconsistent with federal
regulations for public notice since
technical permit revisions potentially
allowed permittees to conduct changes
that may could result in up to a one
pound per hour increase of a NAAQS
pollutant or NMAAQS pollutant and
such changes require the County and
permittee to follow the public notice
requirements listed in 40 CFR 51.161.
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The January 18, 2018 revision satisfies
the EPA’s concern with the technical
permit revision authorizing any
emission increases: The proposed
language in 20.11.41.28(B)(1)(b) NMAC
clearly states that technical permit
revisions have no potential increase in
emissions and 20.11.41.28(B)(1)(e)
NMAC clarifies that any new covered
equipment will not result in an
emissions increase.
In our June 29, 2017 final rule (82 FR
29421), we conditionally approved the
accelerated review provision found in
20.11.41.32 NMAC since it did not
comply with the requirement in 40 CFR
51.161 to make the permittee’s
application, and the County’s evaluation
of that application, public. The
proposed revision to 20.11.41.32
NMAC, Accelerated Review of
Application, revised the requirements of
public notice to be consistent with
federal requirements related to public
availability of information and public
notice in 40 CFR 51.161 by correcting
the citation in 20.11.41.32(B) NMAC.
In our June 29, 2017 final rule, we
also conditionally approved the
definitions 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, and the definition of ‘‘technical
permit revision or technical revision’’ at
20.11.41.7.RR NMAC because these
definitions referenced or applied to the
underlying provisions for accelerated
review and technical permit revisions
that were conditionally approved.
Because we are proposing to fully
approve the revisions to the accelerated
review process and technical permit
revision, we are also proposing to fully
approve the cited definitions as
consistent with federal requirements for
minor NSR permitting.
In addition to satisfying all elements
of our conditional approval, the January
18, 2018 submitted revision to
20.11.41.14 NMAC, Public Notice by
Department—Public Participation,
removed the requirement to provide
public notice in a newspaper and
authorized electronic notice on the City
of Albuquerque website. The revision to
Section 14 is consistent with the EPA’s
October 18, 2016, 81 FR 71613,
publication that authorized electronic
notice for the EPA and permitting
authorities implementing federal
permitting rules. Additionally, the
County proposed to increase the
timeframe from ten (10) to thirty (30)
days for public hearings in 20.11.41.15
NMAC, Public Information Hearing. We
find this to be consistent with federal
requirements related to public
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availability of information and public
notice (40 CFR 51.161).
Our analysis of the January 18, 2018
submitted revisions indicates that the
SIP revision package was developed in
accordance with the CAA and the State
provided reasonable notice and public
hearing. The revisions to 20.11.41
NMAC update the regulations so that
the City of Albuquerque-Bernalillo
County minor NSR permit program is
consistent with federal requirements.
Under section 110(l) of the CAA, the
EPA finds that these submitted revisions
will not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the CAA.
III. Proposed Action
We are proposing to approve the
January 18, 2018 submitted revisions to
the New Mexico SIP for the City of
Albuquerque-Bernalillo County. We
have determined that the submitted
revisions were developed in accordance
with the CAA and EPA’s regulations,
policy and guidance for minor NSR
permitting. Additionally, we propose to
find that the January 18, 2018 submittal
satisfies New Mexico’s obligation under
the March 10, 2017 (82 FR 13270)
conditional approval, and to convert the
June 29, 2017 (82 FR 29421) rulemaking
to full approval. Therefore, under
section 110 of the Act, the EPA proposes
approval of the following revisions to
the New Mexico SIP for the City of
Albuquerque-Bernalillo County:
• 20.11.41.13 NMAC, Application for
Permit;
• 20.11.41.14 NMAC, Public Notice
by Department—Public Participation;
• 20.11.41.15 NMAC, Public
Information Hearing (PIH);
• 20.11.41.28 NMAC, Administrative
and Technical Permit Revisions; and
• 20.11.41.32 NMAC, Accelerated
Review of Application.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference of
the revisions to the New Mexico’s
regulations, as described in the
Proposed Action Section above. The
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and in hard copy
at the EPA Region 6 office.
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V. Statutory and Executive Order
Reviews
Under the 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 Act. Accordingly, this action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
VerDate Sep<11>2014
16:04 Apr 23, 2019
Jkt 247001
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 10, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019–07583 Filed 4–23–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Part 1419
[190D0102DM DS62500000
DLSN00000.000000 DX62501; DOI–2018–
0018]
RIN 1090–AB22
Acquisition Regulation: Removal of
Outdated References
Office of Small and
Disadvantaged Business Utilization,
Interior.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of the
Interior is issuing a proposed rule
amending the Department of the Interior
Acquisition Regulation (DIAR) to
implement Section 15(k) of the Small
Business Act and remove outdated
references and/or obsolete information.
DATES: Comments must be received on
or before June 24, 2019.
ADDRESSES: You may submit comments
on the rulemaking on Docket Number
DOI–2018–0018 through the Federal
eRulemaking Portal at https://
www.regulations.gov. Please use
Regulation Identifier Number (RIN)
1090–AB22 in your message. Follow the
instructions on the website for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Bell, Procurement Analyst,
Office of Small and Disadvantaged
Small Business, Department of the
Interior, 1849 C Street NW, Mail Stop
4262 MIB, Washington, DC 20240;
SUMMARY:
PO 00000
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17131
telephone (202) 208–3458 or email
christopher_bell@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
I. Background
This proposed rule will revise the
Department of the Interior Acquisition
Regulation (DIAR) in order to update
references to other Federal and
Departmental directives, remove
obsolete material and remove obsolete
references.
On November 24th, 2015, the DOI
Office of Acquisition and Property
Management (PAM) issued a class
deviation to DIAR 1419.2, to revise the
content in 1419.201 and 1419.202. This
proposed rule intends to update the
DIAR with changes from the deviation
and rescind the class deviation.
The content of DIAR 1419.201 related
to setting goals for small business
contracting, the role of the Office of
Small and Disadvantaged Business
Utilization (OSDBU) and the
appointment of Small Business
Specialists and was out of date and
inconsistent with statutory requirements
and the Federal Acquisition Regulation
(FAR). The deviation ensured that DOI
manages our small business goals in full
compliance with SBA’s procedures and
adhered to FAR requirements regarding
the role of the OSDBU and Small
Business Specialists. This proposed rule
ensures that the role of the Director of
the OSDBU is consistent with the Small
Business Act 15 U.S.C. 644(k).
The proposed rule simplifies DIAR
1419.202 to allow the OSDBU Director
responsibility for issuing policy on the
use and content of the Form DI–1886
‘‘Acquisition Screening and Review
Form’’.
The proposed rule further intends to
remove the following from DIAR 1419:
Remove DIAR 1419.505, ‘‘Rejecting
Small Business Administration
recommendations.’’ The Department has
determined that the procedures in FAR
19.505 are sufficient for documenting
the rejection of Small Business
Administration’s recommendation and
that further supplemental guidance in
the DIAR is duplicative and redundant;
Remove DIAR 1419.506,
‘‘Withdrawing or modifying small
business set-asides.’’ The Department
has determined that the procedures in
FAR 19.506 are sufficient for
withdrawing or modifying small
business set-asides and that further
supplemental guidance in the DIAR is
duplicative and redundant;
Remove DIAR 1419.7, ‘‘The Small
Business Subcontracting Program’’, in
its entirety. The DOI has determined
that the procedures in FAR 19.7 are
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]]>Agencies
[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Proposed Rules]
[Pages 17129-17131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07583]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0176; FRL-9991-12-Region 6]
Air Plan Approval; New Mexico; Albuquerque/Bernalillo County;
Minor New Source Review (NSR) Preconstruction Permitting Program
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
convert its June 29, 2017 conditional approval of revisions to the New
Mexico State Implementation Plan (SIP) for the City of Albuquerque-
Bernalillo County minor New Source Review (NSR) program to full
approval. The January 18, 2018 SIP submittal satisfies New Mexico's
commitment which was the basis of our conditional approval of the minor
NSR Preconstruction Permitting Program. Final approval of this SIP
submittal will convert our earlier conditional approval to full
approval. We are taking this action in accordance with the Clean Air
Act (CAA, the Act) requirements.
DATES: Written comments must be received on or before May 24, 2019.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0176, at https://www.regulations.gov or via email to
[email protected]. 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 Ms. Kyndall Cox, 214-665-
8567, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Kyndall Cox, Air Permits Section,
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, TX 75202, (214) 665-
8567, [email protected]. To inspect the hard copy materials, please
schedule an appointment with Kyndall Cox.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The CAA at section 110(a)(2)C) requires states to develop and
submit to the EPA for approval into the SIP, preconstruction review and
permitting programs applicable to certain new and modified stationary
sources of air pollutants for attainment/unclassifiable and
nonattainment areas that cover both major and minor new sources and
modifications, collectively referred to as the new source review (NSR)
SIP. The CAA NSR SIP program is composed of three separate programs:
Prevention of Significant Deterioration (PSD), Nonattainment New Source
Review (NNSR), and minor New Source Review (MNSR). The minor NSR SIP
program addresses construction or modification activities that do not
emit, or have the potential to emit, beyond certain major source/major
modification thresholds and thus do not qualify as ``major'' and
applies regardless of the designation of the area in which a source is
located. The EPA regulations governing the criteria that states must
satisfy for EPA approval of the NSR programs as part of the SIP are
contained in 40 CFR 51.160-51.166. The minor NSR regulations are
contained in 40 CFR 51.160-51.164.
The City of Albuquerque-Bernalillo County submitted revisions to
their minor NSR program on July 26, 2013, and subsequently provided
supplemental information on April 21,
[[Page 17130]]
2016; July 5, 2016; September 19, 2016; and December 20, 2016. In our
final rulemaking action, June 29, 2017 (82 FR 29421), we determined
that portions of the City of Albuquerque-Bernalillo County SIP
submittal were inconsistent with the applicable Federal regulations.
Specifically, we found the portions pertaining to accelerated
permitting procedures, technical permit revisions, and conflict of
interest were not consistent with the required elements of minor NSR
programs at 40 CFR 51.160-51.164.
In a letter dated December 22, 2016, the City of Albuquerque
committed to adopt enforceable revisions to 20.11.41 NMAC to address
these concerns and submit these revisions to the EPA as a SIP revision
within one year of the EPA's conditional approval. The January 18, 2018
SIP revision is the City's fulfillment of this commitment.
II. Evaluation
The January 18, 2018 SIP submittal addresses and corrects the
deficiencies of the City of Albuquerque-Bernalillo County minor NSR
program identified in our June 29, 2017, (82 FR 29421), final
conditional approval as summarized below. The EPA's Technical Support
Document for this action is available in the rulemaking docket and
includes a detailed analysis of the submitted revisions to the New
Mexico SIP for the City of Albuquerque-Bernalillo County minor NSR
program.
In our June 29, 2017 final rule, we found that the abbreviated
public notice process established by 20.11.41.13 NMAC for technical
permit revisions was inconsistent with the requirements of 40 CFR
51.161 since it did not meet the applicable prominent advertisement
requirements. The County adopted a single revision to 20.11.41.13 NMAC,
Application for Permit, which removed the abbreviated public
participation process for technical permit revisions that the EPA had
determined was inconsistent with the requirements found in 40 CFR
51.161.
The County revised and clarified the technical permit provisions in
20.11.41.28 NMAC, Administrative and Technical Permit Revisions. In our
June 29, 2017 final rule (82 FR 29421), we noted that the Section 28
provisions were inconsistent with federal regulations for public notice
since technical permit revisions potentially allowed permittees to
conduct changes that may could result in up to a one pound per hour
increase of a NAAQS pollutant or NMAAQS pollutant and such changes
require the County and permittee to follow the public notice
requirements listed in 40 CFR 51.161. The January 18, 2018 revision
satisfies the EPA's concern with the technical permit revision
authorizing any emission increases: The proposed language in
20.11.41.28(B)(1)(b) NMAC clearly states that technical permit
revisions have no potential increase in emissions and
20.11.41.28(B)(1)(e) NMAC clarifies that any new covered equipment will
not result in an emissions increase.
In our June 29, 2017 final rule (82 FR 29421), we conditionally
approved the accelerated review provision found in 20.11.41.32 NMAC
since it did not comply with the requirement in 40 CFR 51.161 to make
the permittee's application, and the County's evaluation of that
application, public. The proposed revision to 20.11.41.32 NMAC,
Accelerated Review of Application, revised the requirements of public
notice to be consistent with federal requirements related to public
availability of information and public notice in 40 CFR 51.161 by
correcting the citation in 20.11.41.32(B) NMAC.
In our June 29, 2017 final rule, we also conditionally approved the
definitions 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, and the definition of ``technical
permit revision or technical revision'' at 20.11.41.7.RR NMAC because
these definitions referenced or applied to the underlying provisions
for accelerated review and technical permit revisions that were
conditionally approved. Because we are proposing to fully approve the
revisions to the accelerated review process and technical permit
revision, we are also proposing to fully approve the cited definitions
as consistent with federal requirements for minor NSR permitting.
In addition to satisfying all elements of our conditional approval,
the January 18, 2018 submitted revision to 20.11.41.14 NMAC, Public
Notice by Department--Public Participation, removed the requirement to
provide public notice in a newspaper and authorized electronic notice
on the City of Albuquerque website. The revision to Section 14 is
consistent with the EPA's October 18, 2016, 81 FR 71613, publication
that authorized electronic notice for the EPA and permitting
authorities implementing federal permitting rules. Additionally, the
County proposed to increase the timeframe from ten (10) to thirty (30)
days for public hearings in 20.11.41.15 NMAC, Public Information
Hearing. We find this to be consistent with federal requirements
related to public availability of information and public notice (40 CFR
51.161).
Our analysis of the January 18, 2018 submitted revisions indicates
that the SIP revision package was developed in accordance with the CAA
and the State provided reasonable notice and public hearing. The
revisions to 20.11.41 NMAC update the regulations so that the City of
Albuquerque-Bernalillo County minor NSR permit program is consistent
with federal requirements. Under section 110(l) of the CAA, the EPA
finds that these submitted revisions will not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the CAA.
III. Proposed Action
We are proposing to approve the January 18, 2018 submitted
revisions to the New Mexico SIP for the City of Albuquerque-Bernalillo
County. We have determined that the submitted revisions were developed
in accordance with the CAA and EPA's regulations, policy and guidance
for minor NSR permitting. Additionally, we propose to find that the
January 18, 2018 submittal satisfies New Mexico's obligation under the
March 10, 2017 (82 FR 13270) conditional approval, and to convert the
June 29, 2017 (82 FR 29421) rulemaking to full approval. Therefore,
under section 110 of the Act, the EPA proposes approval of the
following revisions to the New Mexico SIP for the City of Albuquerque-
Bernalillo County:
20.11.41.13 NMAC, Application for Permit;
20.11.41.14 NMAC, Public Notice by Department--Public
Participation;
20.11.41.15 NMAC, Public Information Hearing (PIH);
20.11.41.28 NMAC, Administrative and Technical Permit
Revisions; and
20.11.41.32 NMAC, Accelerated Review of Application.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference of the revisions to the New Mexico's regulations, as
described in the Proposed Action Section above. The EPA has made, and
will continue to make, these documents generally available
electronically through www.regulations.gov and in hard copy at the EPA
Region 6 office.
[[Page 17131]]
V. Statutory and Executive Order Reviews
Under the 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 Act. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 10, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-07583 Filed 4-23-19; 8:45 am]
BILLING CODE 6560-50-P
