Air Plan Approval; New Mexico; City of Albuquerque-Bernalillo County; New Source Review (NSR) Preconstruction Permitting Program, 26057-26063 [2019-11662]
Download as PDF
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
jbell on DSK3GLQ082PROD with PROPOSALS
action, if finalized, will not constitute a
redesignation to attainment under CAA
section 107(d)(3)(E), because the State
must have an approved maintenance
plan for the area as required under
section 175A of the CAA, and the EPA
must determine that the area has met
the other requirements for redesignation
in order to be redesignated to
attainment. Therefore, the designation
status of the area will remain
nonattainment for the 2006 PM2.5
NAAQS until such time as the EPA
determines that the area meets the CAA
requirements for redesignation to
attainment under CAA section
107(d)(3)(E).
It is possible, although not expected,
that the Salt Lake City, UT area could
violate the 24-hour PM2.5 NAAQS before
a maintenance plan is adopted,
submitted, and approved, and the area
is redesignated to attainment. Under 40
CFR 51.1015(a)(2) and (b)(2), if the EPA
determines that the area has re-violated
the 24-hour PM2.5 NAAQS, the EPA will
rescind the CDD and the State shall be
required to submit the suspended
attainment plan elements. Even so,
submission of the suspended elements
may be insufficient to eliminate future
violations. Therefore, the issuance of a
SIP call under section 110(k)(5) could be
an appropriate response. This SIP call
could require the State to submit, by a
reasonable deadline not to exceed 18
months, a revised plan demonstrating
expeditious attainment and complying
with other requirements applicable to
the area at the time of this finding.
Under CAA section 172(d), the EPA may
reasonably adjust the dates applicable to
these requirements.
III. Proposed Action
The EPA is proposing to make a CDD
for the 2006 24-hour PM2.5 Salt Lake
City, UT NAA based on the area’s
monitoring data for 2016–2018.
Pursuant to 40 CFR 51.1015(a) and (b),
the EPA proposes to determine that the
obligation to submit attainment-related
SIP revisions arising from classification
of the Salt Lake City, UT area as a
Moderate NAA and subsequent
reclassification as a Serious NAA under
subpart 4 of part D (of title I of the Act)
for the 2006 24-hour PM2.5 NAAQS is
not applicable for so long as the area
continues to attain the 2006 24-hour
PM2.5 NAAQS. However, the CDD does
not suspend UDAQ’s obligation to
submit non-attainment-related
requirements, which includes the baseyear emission inventory, NNSR
revisions, and BACM/BACT. This
proposed action, if finalized, would not
constitute a redesignation to attainment
under CAA section 107(d)(3).
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
IV. Statutory and Executive Order
Reviews
This action proposes to issue a
determination of attainment based on
air quality and to suspend certain
federal requirements, and thus, would
not impose additional requirements
beyond those imposed by state law. For
this reason, this proposed 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 the 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, this proposed action does
not apply on any Indian reservation
land or in any other area where the 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).
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
26057
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 30, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2019–11702 Filed 6–4–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0177; FRL–9994–25–
Region 6]
Air Plan Approval; New Mexico; City of
Albuquerque-Bernalillo County; New
Source Review (NSR) Preconstruction
Permitting Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to the
applicable New Source Review (NSR)
State Implementation Plan (SIP) for the
City of Albuquerque-Bernalillo County.
The EPA is proposing to approve a
newly adopted Minor New Source
Review (MNSR) permitting regulation to
waive permitting requirements for
certain sources, and to create new
procedures for authorizing construction
and modification of certain sources in a
related amendment to another
regulation.
SUMMARY:
Written comments must be
received on or before July 5, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2018–0177, at https://
www.regulations.gov or via email to
barrett.richard@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
DATES:
E:\FR\FM\05JNP1.SGM
05JNP1
26058
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
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 Rick Barrett, (214) 665–7227,
barrett.richard@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 Office, 1201 Elm
Street, 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: Rick
Barrett, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street,
Dallas, TX 75202, (214) 665–7227,
barrett.richard@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Rick Barrett or Mr.
Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
jbell on DSK3GLQ082PROD with PROPOSALS
I. Background
The Clean Air Act (CAA or the Act)
at section 110(a)(2)(C) requires states to
develop and submit to the EPA for
approval into the SIP, preconstruction
review and permitting programs
applicable to certain new and modified
stationary sources of air pollutants for
attainment/unclassifiable and
nonattainment areas that cover both
major and minor new sources and
modifications, collectively referred to as
the NSR SIP. The CAA NSR SIP
program is composed of three separate
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
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
contained in 40 CFR 51.160–51.166.
Minor NSR regulations are contained at
40 CFR 51.160–51.164.
The SIP submittal under review in
this action includes the addition of a
newly adopted regulation, 20.11.39 (Part
39) of the New Mexico Administrative
Code (NMAC), along with a related
amendment to regulation 20.11.41 (Part
41) of the NMAC. These revisions
incorporate regulations to waive permit
requirements for certain gasoline
dispensing facilities (GDF), and
emergency stationary reciprocating
internal combustion engines (ES–RICE);
and to create new procedures for
authorizing construction and
modification of the eligible sources.
II. What did City of AlbuquerqueBernalillo County submit?
On January 18, 2018, the governor of
New Mexico submitted revisions to the
City of Albuquerque-Bernalillo County
(the ‘‘County’’) Minor NSR SIP to EPA.
This proposed SIP revision would apply
exclusively to the City of Albuquerque
and Bernalillo County.
III. EPA’s Evaluation
The current County SIP includes the
most recent EPA approved Part 41
provisions (See 82 FR 29421, June 29,
2017), which form the current basis of
the County’s Minor NSR SIP program
implemented by the City of
Albuquerque Environmental Health
Department (the ‘‘Department’’). The
following sections of this proposed
action analyze the proposed addition of
a newly adopted regulation, PERMIT
WAIVERS AND AIR QUALITY
NOTIFICATIONS FOR CERTAIN
SOURCE CATEGORIES, Part 39 of the
NMAC, along with a related amendment
to the CONSTRUCTION PERMITS
regulation, Part 41 of the NMAC, in
order to determine whether the
submitted revisions under the Governor
of New Mexico’s letter meet the
requirements of the CAA and the EPA’s
regulations, policy, and guidance for
NSR permitting. In newly adopted Part
39, sections 1, 3, 4, 5, 6, 9, 10, 11, 16,
18, 19, and 20, are non-substantive,
containing provisions related to fees,
statutory authority, effective date, and
other elements that govern the newly
established Part,1 and thus will not be
analyzed in the details below. Table 7
below lists the revisions which are
1 These sections can be reviewed in the County’s
submittal which is included in the docket for this
proposed rulemaking. See also Attachment A, New
Part 39 (pp. 1–8), and Amended Part 41 (pp. 2–3),
for new and comparison wording in the County’s
submittal.
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
being proposed for approval in this
proposed rulemaking.
A. What are the requirements for the
EPA’s evaluation of a preconstruction
permitting program SIP submittal?
In addition to the preconstruction
permitting program requirements of
section 110(a)(2), our evaluation must
ensure that the submittal complies with
section 110(l) of the CAA before it can
be approved into the SIP. Section 110(l)
states that the EPA shall not approve a
revision of the SIP if it would interfere
with any applicable requirement
concerning attainment of the National
Ambient Air Quality Standards
(NAAQS), reasonable further progress,
or any other applicable requirement of
the Act. Thus, under CAA section
110(l), the proposed MNSR SIP revision
must not interfere with attainment,
reasonable further progress, or any other
applicable requirement of the Act.
B. Summary of Albuquerque/Bernalillo
County’s SIP Revisions Submittal
The January 18, 2018, SIP submittal
meets the completeness criteria
established in 40 CFR part 51, appendix
V. In addition to the completeness
review, the revisions contained in the
SIP submittal were evaluated against the
applicable requirements contained in
the Act and 40 CFR part 51.
Part 39, section 2, Scope, governs the
applicability of the exemption from
Minor NSR permitting and limits the
exemption to two types of stationary
source categories: Emergency stationary
reciprocating internal combustion
engines (ES–RICE), and gasoline
dispensing facilities (GDF). Section 2
also includes exclusions from Part 39
for certain sources. Part 39 does not
apply to: Stationary sources within
Bernalillo County that are located on
Indian lands; stationary sources that, in
the aggregate, constitute a major source
under the applicable provisions of
NMAC which are located on one or
more contiguous or adjacent properties,
and which are under common control of
the same person; any non-emergency
stationary RICE engines; sources which
contain emission units other than ES–
RICE and GDF, and that require a
construction permit; sources that are
part of a Title V permit; or sources
located at a single family private
residence.
Section 7 of the SIP submittal
provides definitions for the terms used
throughout 20.11.39 NMAC. The
submitted revisions provide new
definitions for several new terms. The
definitions in 20.11.1 NMAC apply
unless there is a conflict between
definitions, in which case the definition
E:\FR\FM\05JNP1.SGM
05JNP1
jbell on DSK3GLQ082PROD with PROPOSALS
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
in 20.11.39 NMAC shall govern.
Definitions provided in the applicable
federal standards referenced in Part 39
shall apply to source categories subject
to those federal standards which are
incorporated by reference into board
regulations.
Section 12 of the SIP submittal
contains the provisions for Part 39
sources to qualify for a waiver from
construction permit requirements
pursuant to 20.11.41. Owners and
operators of Part 39 sources shall apply
for an Air Quality Notification (AQN)
rather than a construction permit when
submitting an application to the
department. If an owner or operator of
a source establishes that it is a Part 39
source and demonstrates that the owner
or operator will comply with all
applicable regulations set out in Section
13 of this Part, the department shall
waive compliance from further source
registration or construction permitting
requirements pursuant to 20.11.40
NMAC or 20.11.41 NMAC. This Part
shall not waive any permit requirements
for sources which are not ES–RICE or
GDF. Except as noted below in
20.11.39.15, no public notice is required
if the department waives further
permitting requirements for a Part 39
source. No department hearing shall be
held for a Part 39 source. The issuance
of an AQN by the department is not a
permitting action and is not subject to
petition to the Albuquerque-Bernalillo
County air quality control board. The
new AQN will assist in ensuring that
these sources are not engaging in acts
that will result in an exceedance of one
of the NAAQS, in clarifying when each
annual emission inventory is to be
submitted, and that notification must be
provided to the Department.
Section 13 of the SIP submittal
contains the requirements for the two
source categories to which Part 39
applies. General requirements include
that sources comply with any federal
regulations which are incorporated by
reference into board regulations and
which apply to that source category;
that no owner or operator of a source in
a source category to which this part
applies shall construct or operate a Part
39 source without having first applied
to the department for and received an
AQN; that the owner or operator of each
Part 39 source shall submit an annual
emissions report to the department by
March 15 of each year. Note that for
their annual emission report, GDF
granted an AQN shall submit a report of
their annual gasoline throughput for the
previous January through December,
and ES–RICE granted an AQN shall
submit a report of their annual operating
hours for the previous January through
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
December. The emission report must
include a signed certification, and
nothing in Part 39 relieves any owner or
operator of any source from the
responsibility to comply with any
applicable requirement in local, state, or
federal law. No Part 39 source shall emit
any regulated air pollutant in quantities
which would constitute a major source.
Section 13 also outlines specific
requirements for each category. For ES–
RICE not subject to the federal
emissions standards listed below, they
shall comply with all applicable board
and federal regulations identified in the
AQN. ES–RICE subject to 40 CFR part
60 subpart IIII, Standards of
Performance for Stationary Compression
Ignition Internal Combustion Engines,
40 CFR part 60 subpart JJJJ, Standards of
Performance for Stationary Spark
Ignition Internal Combustion Engines,
and 40 CFR part 63 subpart ZZZZ,
National Emissions Standards for
Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion
Engines, shall comply with all
applicable requirements in those federal
regulations, as amended, and all
applicable board regulations identified
in the AQN. GDF sources subject to 40
CFR part 63 subpart CCCCCC, National
Emission Standards for Hazardous Air
Pollutants for Gasoline Dispensing
Facilities shall comply with all
applicable requirements in 40 CFR part
63 subpart CCCCCC, as amended, and
all applicable board regulations
identified in the AQN.
Section 14 of the SIP submittal
contains the requirement that each
owner or operator of a Part 39 source
apply for an AQN with the department
in compliance with the requirements of
this section. A person applying to the
department for an AQN shall submit a
completed application provided by the
department, and the department shall
reject any incomplete application for an
AQN. Certain information is required
for the department to determine that an
application for an AQN is complete.
This information includes: The name,
street address and post office address of
the owner and any operators of the
source or responsible entity; sufficient
attachments, including calculations,
computations and all other analyses
used by the applicant to provide
information to describe the potential
emission rate and nature of all regulated
air contaminants that the source may
emit and control measures used to
comply with all applicable federal
standards. Information required
specifically for GDF includes: The
anticipated annual gasoline throughput;
the total number of refueling positions;
for each refueling position, identify
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
26059
whether it dispenses gasoline only,
diesel only, both, or is for heavy duty
truck diesel refueling. Information
specifically for ES–RICE includes: A
statement that the engine will only be
used for emergency purposes, other than
as allowed by applicable regulations.
The Department also requires the
following information from sources
eligible for the Minor NSR permitting
exemption: Any other relevant
information that the department may
reasonably require; the signature of the
applicant, with the date it was signed,
certifying that the information
represented in the application and
attachments, if any, is true, accurate and
complete and that the owner and all
operators will comply with all
applicable requirements in board
regulations for that source category;
payment for the appropriate application
fee required; and that the department
shall not require any Part 39 source to
submit air dispersion modeling with its
AQN application.
Section 15 of the SIP submittal
outlines the procedures for review of an
AQN application by the department.
Within 45 days after the department has
received a complete application for an
AQN as required, the department shall
issue or deny the AQN. If the AQN is
issued, the department shall send a
copy of the AQN to the applicant by
electronic mail, or such other means as
may be necessary. If the AQN is denied,
the department shall send a notice of
denial to the applicant by electronic
mail, or such other means as may be
necessary; if the department determines
that the application for the AQN is
incomplete, that Part 39 does not
authorize the source to receive an AQN,
or that some other action is necessary,
up to and including denial of an AQN,
the department shall inform the
applicant by electronic mail, or such
other means as may be necessary; and,
on the first business day of each month,
the department shall publish on its
website a list of all AQNs issued within
the previous month, including the name
and location of each AQN issued. The
department shall publish a current list
of all active AQNs on its website
quarterly. The department website shall
prominently display information
enabling members of the public to
contact the department regarding any
AQN issued.
Section 17 of the SIP submittal
outlines the compliance and
enforcement provisions of Part 39. It
states that owners or operators of Part 39
sources within Albuquerque-Bernalillo
County shall comply with the
requirements in Part 39, whether set
forth in their AQN or not. These
E:\FR\FM\05JNP1.SGM
05JNP1
jbell on DSK3GLQ082PROD with PROPOSALS
26060
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
provisions include that: Inaccurate or
incomplete information in an
application is a violation of Part 39; any
knowing and willful false statement in
an AQN application is a violation of
Part 39; an ES–RICE which has been
issued an AQN shall be operated for
emergency use only or as necessary for
exercising or maintenance of the engine;
the director may issue a compliance
order requiring compliance and
assessing a civil penalty not to exceed
$15,000.00 per day of noncompliance
for any violation of any applicable board
regulations by a Part 39 source, and the
director may also commence a civil
action in district court for appropriate
relief, including a temporary and
permanent injunction. Regarding
inspections, the department may
conduct scheduled and unscheduled
inspections to ensure compliance with
any applicable board regulations. Also,
that upon presentation of credentials,
the department: Shall have a right of
entry to, upon, or through any premises
on which a Part 39 source is located or
on which any records required to be
maintained by any applicable board
regulations; may at any reasonable time
have access to and copy any records
required to be established and
maintained by any applicable board
regulations; may inspect any monitoring
equipment and method required by any
applicable board regulations; and may
sample any emissions that are required
to be sampled pursuant to any
applicable board regulations. Regarding
credible evidence, any credible
evidence may be used to establish
whether an owner or operator of a Part
39 source has violated any applicable
board regulations. Credible evidence
and testing shall include but is not
limited to: Compliance methods
specified in any applicable board
regulations; or other testing, monitoring
or information-gathering methods that
produce information comparable to that
produced by any CFR method and
approved by the department and EPA.
Lastly, an owner or operator of a Part 39
source who violates an applicable board
regulation may be subject to
enforcement action.
Title 20.11.41. CONSTRUCTION
PERMITS, section 2, of the current SIP
governs the scope of the Minor NSR
program. The County’s current SIP
requires stationary sources with
emissions in excess of the limits listed
in this section to obtain a construction
permit, unless the source or activity
qualifies for an exemption. In this
submittal, the County revised Part 41,
section 2, subsection E(2), to include
references to new regulation Part 39.
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
Although more than one air quality
regulation adopted by the board may
apply to a stationary source, including
20.11.39, 20.11.40, 20.11.60, 20.11.61,
20.11.63, and 20.11.64 NMAC, nothing
in 20.11.41 NMAC shall be construed to
require more than one permit
application for each unit proposed for
construction or modification.
Definitions and provisions included in
specific federal program regulations
shall apply to permit review of any
regulated air contaminant and source
regulated by the federal NSPS,
NESHAP, prevention of significant
deterioration, visibility or
nonattainment requirements.
The County also revised section 2 of
Part 41 by adding subsection G, which
allows sources in the two exemption
eligible source categories to apply for an
air quality notification (AQN), which
waives certain applicability
requirements in Part 41. The provision
states that an owner or operator of an
emergency stationary reciprocating
internal combustion engine or gasoline
dispensing facility, as defined in Part
39, may apply for an air quality
notification pursuant to that Part. If the
department grants an air quality
notification, then the source will not be
required to apply for and obtain a
construction permit.
C. CAA 110(l) Analysis
Each revision to an implementation
plan submitted by a state under the
Clean Air Act shall be adopted by such
state after reasonable notice and public
hearing. The County adopted the
proposed revisions after reasonable
notice and public hearing. CAA section
110(l) also states that the Administrator
shall not approve a revision of a plan if
the revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in CAA section
171), or any other applicable
requirement of the Act. For purposes of
the analysis under CAA section 110(l),
we have taken into account the overall
effect of the revisions included in this
action. The County’s proposed revisions
will change the administrative
procedure by which certain GDF and
ES–RICE obtain authorization for
construction and modification. The
County’s revisions would basically
accomplish a procedural change and
will cause no change in emission levels
or controls and will not impact
emissions or ambient concentration of
any compounds. These revisions
primarily incorporate regulations to
waive permit requirements for certain
gasoline dispensing facilities (GDF) and
emergency stationary reciprocating
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
internal combustion engines (ES–RICE),
and to create new procedures for
authorizing construction and
modification of the eligible sources.
As required by section 110(l) of the
CAA, we analyzed the addition of these
proposed MNSR SIP revisions to ensure
that they do not interfere with any
applicable requirement for attainment of
the NAAQS, reasonable further progress
(RFP), or any other CAA requirement.
Albuquerque and Bernalillo County are
in attainment for all National Ambient
Air Quality Standards and have been
continuously since 1996. The
Department has been carrying out the
Minor NSR program, as revised, since
January 1, 2014. Since then, there has
been no indication that these sources
have interfered with attainment, RFP, or
any other requirement of the Act.
Bernalillo County is designated
attainment for all NAAQS pollutants,
and the air quality trends provided in
the monitoring tables below support
that the air quality is improving in the
County. Note that additional air quality
data is included in the submittal.
The EPA took into consideration the
following air quality trends when
making the decision to propose that the
revisions be approved into the SIP:
• Compliance with the 8-hour ozone
standard which has improved countywide with ozone pollutant
concentrations trending downward
since the late 1980’s. The 8-Hour ozone
standard trends are listed in Table 1:
TABLE 1—OZONE DATA
[Ozone Design Values (8-hour standard,
primary and secondary)]
Maximum permissible concentration under
2015 NAAQS: 0.070 parts per million
Year
Design value
(ppm)
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
* 0.073
* 0.073
0.070
0.070
0.068
0.070
* 0.074
* 0.072
0.068
0.066
0.065
* Data complied with the NAAQS in effect at
that time.
• Compliance with the 1-Year NO2
and 1-hour NO2 standards has improved
county-wide with NO2 pollutant
concentrations trending downward
since the late 1990’s. The 1-Year NO2
trends are listed in Table 2:
E:\FR\FM\05JNP1.SGM
05JNP1
26061
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
TABLE 2—NO2 DATA
[Nitrogen dioxide design values (1-year
standard, primary and secondary)]
TABLE 4—PM2.5 DATA
[PM2.5 design values (24-hour standard,
primary and secondary)]
TABLE 6—SO2 DATA
[SO2 design values (1-hour standard primary,
3-hour standard secondary)]
Maximum permissible concentration under
1971 NAAQS: 53 parts per billion (ppb)
Maximum permissible concentration under
2012 NAAQS: 35 micrograms per cubic
meter
Maximum permissible concentration under
2010 NAAQS: Primary standard: 75 parts
per billion, secondary standard: 0.5
parts per million
Design value
(ppb)
Year
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
Year
15.4
14.9
13.2
12.4
12.0
13.3
13.8
11.8
11.7
11.0
10.4
• Compliance with the 24-hour PM10
standard has improved county-wide
with PM10 pollutant concentrations
trending downward since the late
1980’s. The 24-Hour PM10 trends are
listed in Table 3:
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
19
18
17
16
15
23
26
27
20
18
19
TABLE 3—PM10 DATA
[PM10 second highest 24-hour average *]
The next table shows carbon
monoxide (CO) monitoring results and
how they compare to the NAAQS. Table
5 shows CO compliance with the 8-hour
CO standard. As shown by Table 5, CO
levels have remained well below the 8hour and 1-hour standards.
Maximum permissible concentration under
1987 NAAQS: 150 micrograms per
cubic meter, no more than three
exceedances annually
[Table of CO design values (8-hour standard.
primary)]
Year
2nd highest 24hour average
(mg/m3)
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
148
130
131
113
102
153
145
120
152
106
133
TABLE 5—CO DATA
Maximum permissible concentration under
1971 NAAQS: 9 parts per million
* Data excludes values flagged for exceptional events.
jbell on DSK3GLQ082PROD with PROPOSALS
Design value
(mg/m3)
As shown by Table 3, PM10 levels in
the City/County area (as measured by
the second highest 24-hour average per
year) have fluctuated between 102 and
153 micrograms per cubic meter over
the last decade. However, the overall
trend over the last decade is relatively
stable, below the standard of 150
micrograms per cubic meter generally.
Albuquerque and Bernalillo County
have remained in attainment for the
PM10 standard during the entire period.
Table 4 shows PM2.5 compliance with
the 24-hour standard. Additional data in
the submittal show PM2.5 compliance
with the annual standard. As shown in
Table 4, PM2.5 levels have remained
well below the 24-hour standard.
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
Year
Design value
(ppm)
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
3.0
3.4
3.4
2.6
2.6
2.6
2.2
2. 2
1.2
1.4
1 .9
Below, Table 6 shows sulfur dioxide
(SO2) monitoring results and how they
compare to the 1-hour NAAQS. As
shown by Table 6, SO2 levels have
remained well below the NAAQS
threshold. Because EPA promulgated
the standard in 2010 and the design
value period is three years, the first
design value data were not available
until 2013.
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
Year
Design value
(mg/m3)
2013
2014
2015
2016
5
5
5
6
Following discussions with Region 6,
the Department conducted additional
research to supplement the submittal.
This research included: The number of
the GDFs in the county which have the
potential to emit VOC in the ranges of
0–25 tons per year, 25–50 tons per year
and 50–100 tons per year; and the
methodology utilized to calculate VOC
emissions from these GDF. The
Department’s historical approach for
calculating potential VOC emissions
utilized the AP–42 Table 5.2–7
emissions rate factors (June 2008). As
part of the EPA Tribal Minor New
Source Review (NSR) final rule (July
2011), EPA developed new guidance for
calculating VOC emissions from GDF
entitled ‘‘Potential to Emit Calculator for
Gasoline Dispensing Facilities’’ (Final
March 23, 2015). The Department
recently utilized this guidance to
recalculate potential VOC emissions
from their GDF. The results show that
all GDF within its jurisdiction fall below
the current EPA SIP approved minor
NSR threshold of 25 tons per year or
more of any single regulated air
contaminant.
Prior to the revision, any source that
was subject to New Source Performance
Standards for Stationary Sources (NSPS)
or National Emission Standards for
Hazardous Air Pollutants (NESHAP)
regulations, regardless of its potential to
emit, was automatically required to
obtain a permit. This subjected all GDF,
regardless of their potential to emit, to
NSR permitting. As stated in response to
a comment received during the County’s
public comment period, ‘‘the revision
does not remove any existing air quality
control requirement or increase air
pollution. EHD proposes to change the
process by which certain sources are
regulated, not end any regulation of
those sources. The result, as we have
tried to make clear, will be to change
one feature of public participation in air
quality, not end that participation
E:\FR\FM\05JNP1.SGM
05JNP1
26062
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
altogether.’’ 2 Further, the Department
has found that its universe of GDF
contribute only approximately 0.28% of
the VOC in the ambient air in the
County using the EPA guidance of
March 23, 2015. As such, their impact
on the ozone NAAQS is very minimal.
Regarding ES–RICE, the pollutants
which are relevant to NAAQS
attainment are ozone, NOX, PM, CO and
SO2. As exhibited in the tables above,
Albuquerque and Bernalillo County
have maintained attainment for the
NAAQS for ozone, NOX, PM, CO and
SO2 for the entire time during which
federal emission controls for ES–RICE
have been in effect. The Department’s
proposal will not change those controls,
it will not impact emissions from these
sources, and will not interfere with
attainment of any NAAQS. Emissions
from ES–RICE will not interfere with
NAAQS attainment because they are
very low and because they contribute so
little to the total amount of emissions of
concern which are relevant for NAAQS
compliance, particularly when
examined in context with the total
emissions throughout the County. The
applicable regulations only permit ES–
RICE to operate during emergencies,
other than the few hours which are
necessary to maintain the engines. In
the Department’s experience reviewing
emission inventory reports for these
sources, it estimates that the average
hours of operation of each ES–RICE in
Albuquerque-Bernalillo County is 24
hours per year. Comparing the annual
hours of use of emergency engines
(average 24 hours) versus regular
engines which may operate year-round
(8,760 hours), ES–RICE engines in
Albuquerque-Bernalillo County would
only produce about 0.3% of the impact
that the same engine would produce if
it were used continuously. When using
an assumed maximum of 500 hours
operation per year for each ES–RICE,
EPA has previously concluded that a
500 hours per year limit would result in
emissions of 5.5 tons per year or less
from each ES–RICE. See 78 FR 15296
(March 11, 2013). Comparing this 500
hour per year limit to the Department’s
actual estimates of 24 hours per year,
each ES–RICE will only emit about 0.26
tons per year. We also note that these
engines are also subject to 40 CFR part
60 subpart IIII, Standards of
Performance for Stationary Compression
Ignition Internal Combustion Engines,
40 CFR part 60, subpart JJJJ, Standards
of Performance for Hazardous Air
Pollutants for Stationary Reciprocating
Internal Combustion Engines; and 40
CFR part 63 subpart ZZZZ, National
Emission Standards for Hazardous Air
Pollutants for Stationary Reciprocating
Internal Combustion Engines.
Since Albuquerque and Bernalillo
County have been in attainment for all
the NAAQS for pollutants emitted by
ES–RICEs during the entire period that
federal and local emission controls for
ES–RICE have been in effect, and those
controls will remain in place, this
proposal will not interfere with
contained attainment of the NAAQS.
Based on these historical trends and
supporting air quality monitoring data
documenting air quality improvements
throughout the State, we believe the
proposed Minor NSR SIP revision meets
the requirements of CAA section 110(l)
and is consistent with the provisions of
40 CFR 51.160(e) which provide state
agencies the latitude to define the types
and sizes of facilities, buildings,
structures, or installations subject to
review. We believe the implementation
of these rules will not interfere with any
applicable requirement concerning
attainment, reasonable further progress,
maintaining PSD increment, or any
other applicable requirement of the
CAA.
Accordingly, the EPA is proposing
approval of these revisions under
section 110 of the Act. The SIP
submittal is available in the docket and
from the EPA Region 6 office.
IV. Proposed Action
We are proposing to approve the
revisions to the City of Albuquerque—
Bernalillo County Minor NSR program
dated January 18, 2018. EPA is
proposing to approve newly adopted
MNSR permitting regulations which
waive permitting requirements for
eligible GDF and ES–RICE, and create
new procedures for authorizing
construction and modification of these
eligible sources. The EPA has made the
preliminary determination that the
revisions are approvable because the
submitted rules are adopted and
submitted in accordance with the CAA
and the EPA regulations at 40 CFR
51.160–51.164, and are consistent with
the laws and regulations for Minor NSR
permitting. 40 CFR 51.160(e) allows
state and local agencies to identify the
types and sizes of facilities, buildings,
structures, or installations which will be
subject to Minor NSR review provided
that the submitted plan discusses a basis
for determining which facilities will be
subject to review. In addition, the plan
must not contain any provisions which
would violate section 110(l) of the CAA.
The County stated in its submittal that
requiring each exemption eligible GDF
and ES–RICE to undergo the Minor NSR
public notice and participation process
had become an administrative burden.
A large percentage of the County’s time
spent on permitting actions was spent
on GDFs and ES–RICEs which are
responsible for emitting minimal
amounts of regulated pollutants when
compared to the County’s entire
permitting universe. As explained in the
110(l) section of this proposed rule,
these sources emit less than 1% of the
total regulated air pollutant emissions
within the County. As such, the County
is seeking to streamline the process for
these sources, so that it can spend more
time on sources that emit regulated
pollutants in greater, more
consequential amounts. EPA finds that
the County has provided a reasonable
basis for determining that these facilities
should not be subject to review. Further,
as explained above, this revision will
not result in a violation of CAA section
110(l). Therefore, under section 110 of
the Act, and for the reasons presented
above, the EPA proposes approval of the
revisions to the County Minor NSR SIP
identified in Table 7 below.
Table 7 summarizes the changes made
to the County’s SIP that are contained in
the SIP revisions dated January 18,
2018. A summary of the EPA’s
evaluation of each substantive section
and the basis for this action is discussed
in Section III of this preamble.
TABLE 7—SUMMARY OF THE SIP SUBMITTAL IN THIS ACTION
jbell on DSK3GLQ082PROD with PROPOSALS
Section
Submittal
dates
Title
Proposed
action
20.11.39 NMAC—PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES
20.11.39.1 NMAC ..........
20.11.39.2 NMAC ..........
Issuing Agency ...........................................................................................................
Scope ..........................................................................................................................
2 See Attachment C, 2. Public Comment, of the
County’s January 18, 2018 submittal.
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
E:\FR\FM\05JNP1.SGM
05JNP1
01/18/2018
01/18/2018
Approval.
Approval.
26063
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules
TABLE 7—SUMMARY OF THE SIP SUBMITTAL IN THIS ACTION—Continued
Submittal
dates
Section
Title
20.11.39.3 NMAC ..........
20.11.39.4 NMAC ..........
20.11.39.5 NMAC ..........
20.11.39.6 NMAC ..........
20.11.39.7 NMAC ..........
20.11.39.8 NMAC ..........
20.11.39.9 NMAC ..........
20.11.39.10 NMAC ........
20.11.39.11 NMAC ........
20.11.39.12 NMAC ........
20.11.39.13 NMAC ........
20.11.39.14 NMAC ........
20.11.39.15 NMAC ........
20.11.39.16 NMAC ........
20.11.39.17 NMAC ........
20.11.39.18 NMAC ........
20.11.39.19 NMAC ........
20.11.39.20 NMAC ........
Statutory Authority ......................................................................................................
Duration ......................................................................................................................
Effective Date .............................................................................................................
Objective .....................................................................................................................
Definitions ...................................................................................................................
Variances ....................................................................................................................
Savings Clause ...........................................................................................................
Severability .................................................................................................................
Documents ..................................................................................................................
Permit Waivers ...........................................................................................................
Requirements for Source Categories to Which Part 39 Applies ................................
Air Quality Notification Application .............................................................................
AQN Application Review ............................................................................................
Transfer of Prior Authorizations to AQNs ...................................................................
Compliance and Enforcement ....................................................................................
Amending and Air Quality Notification ........................................................................
Fees ............................................................................................................................
AQN Cancellation .......................................................................................................
Proposed
action
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
01/18/2018
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
Approval.
01/18/2018
01/18/2018
Approval.
Approval.
20.11.41 NMAC—CONSTRUCTION PERMITS
20.11.41.2(E)(2) NMAC
20.11.41.2(G) NMAC .....
Additional Permit Requirements .................................................................................
Permissive Waiver ......................................................................................................
V. 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
revisions to the Albuquerque/Bernalillo
County, New Mexico regulations, as
described in the Proposed Action
section above. We have 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
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
jbell on DSK3GLQ082PROD with PROPOSALS
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
VerDate Sep<11>2014
16:58 Jun 04, 2019
Jkt 247001
• 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
PO 00000
Frm 00041
Fmt 4702
Sfmt 9990
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, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 28, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019–11662 Filed 6–4–19; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\05JNP1.SGM
05JNP1
Agencies
[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26057-26063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11662]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0177; FRL-9994-25-Region 6]
Air Plan Approval; New Mexico; City of Albuquerque-Bernalillo
County; New Source Review (NSR) Preconstruction Permitting Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the applicable New Source Review (NSR) State Implementation Plan
(SIP) for the City of Albuquerque-Bernalillo County. The EPA is
proposing to approve a newly adopted Minor New Source Review (MNSR)
permitting regulation to waive permitting requirements for certain
sources, and to create new procedures for authorizing construction and
modification of certain sources in a related amendment to another
regulation.
DATES: Written comments must be received on or before July 5, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2018-0177, 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
[[Page 26058]]
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 Rick Barrett, (214) 665-
7227, [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 Office, 1201 Elm Street, 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: Rick Barrett, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street, Dallas, TX 75202, (214) 665-7227,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Rick Barrett or Mr. Bill Deese at 214-665-
7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The Clean Air Act (CAA or the Act) at section 110(a)(2)(C) requires
states to develop and submit to the EPA for approval into the SIP,
preconstruction review and permitting programs applicable to certain
new and modified stationary sources of air pollutants for attainment/
unclassifiable and nonattainment areas that cover both major and minor
new sources and modifications, collectively referred to as the NSR SIP.
The CAA NSR SIP program is composed of three separate programs:
Prevention of Significant Deterioration (PSD), Nonattainment New Source
Review (NNSR), and Minor New Source Review (MNSR). The Minor NSR SIP
program addresses construction or modification activities that do not
emit, or have the potential to emit, beyond certain major source/major
modification thresholds and thus do not qualify as ``major'' and
applies regardless of the designation of the area in which a source is
located. The EPA regulations governing the criteria that states must
satisfy for EPA approval of the NSR programs as part of the SIP are
contained in 40 CFR 51.160-51.166. Minor NSR regulations are contained
at 40 CFR 51.160-51.164.
The SIP submittal under review in this action includes the addition
of a newly adopted regulation, 20.11.39 (Part 39) of the New Mexico
Administrative Code (NMAC), along with a related amendment to
regulation 20.11.41 (Part 41) of the NMAC. These revisions incorporate
regulations to waive permit requirements for certain gasoline
dispensing facilities (GDF), and emergency stationary reciprocating
internal combustion engines (ES-RICE); and to create new procedures for
authorizing construction and modification of the eligible sources.
II. What did City of Albuquerque-Bernalillo County submit?
On January 18, 2018, the governor of New Mexico submitted revisions
to the City of Albuquerque-Bernalillo County (the ``County'') Minor NSR
SIP to EPA. This proposed SIP revision would apply exclusively to the
City of Albuquerque and Bernalillo County.
III. EPA's Evaluation
The current County SIP includes the most recent EPA approved Part
41 provisions (See 82 FR 29421, June 29, 2017), which form the current
basis of the County's Minor NSR SIP program implemented by the City of
Albuquerque Environmental Health Department (the ``Department''). The
following sections of this proposed action analyze the proposed
addition of a newly adopted regulation, PERMIT WAIVERS AND AIR QUALITY
NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES, Part 39 of the NMAC, along
with a related amendment to the CONSTRUCTION PERMITS regulation, Part
41 of the NMAC, in order to determine whether the submitted revisions
under the Governor of New Mexico's letter meet the requirements of the
CAA and the EPA's regulations, policy, and guidance for NSR permitting.
In newly adopted Part 39, sections 1, 3, 4, 5, 6, 9, 10, 11, 16, 18,
19, and 20, are non-substantive, containing provisions related to fees,
statutory authority, effective date, and other elements that govern the
newly established Part,\1\ and thus will not be analyzed in the details
below. Table 7 below lists the revisions which are being proposed for
approval in this proposed rulemaking.
---------------------------------------------------------------------------
\1\ These sections can be reviewed in the County's submittal
which is included in the docket for this proposed rulemaking. See
also Attachment A, New Part 39 (pp. 1-8), and Amended Part 41 (pp.
2-3), for new and comparison wording in the County's submittal.
---------------------------------------------------------------------------
A. What are the requirements for the EPA's evaluation of a
preconstruction permitting program SIP submittal?
In addition to the preconstruction permitting program requirements
of section 110(a)(2), our evaluation must ensure that the submittal
complies with section 110(l) of the CAA before it can be approved into
the SIP. Section 110(l) states that the EPA shall not approve a
revision of the SIP if it would interfere with any applicable
requirement concerning attainment of the National Ambient Air Quality
Standards (NAAQS), reasonable further progress, or any other applicable
requirement of the Act. Thus, under CAA section 110(l), the proposed
MNSR SIP revision must not interfere with attainment, reasonable
further progress, or any other applicable requirement of the Act.
B. Summary of Albuquerque/Bernalillo County's SIP Revisions Submittal
The January 18, 2018, SIP submittal meets the completeness criteria
established in 40 CFR part 51, appendix V. In addition to the
completeness review, the revisions contained in the SIP submittal were
evaluated against the applicable requirements contained in the Act and
40 CFR part 51.
Part 39, section 2, Scope, governs the applicability of the
exemption from Minor NSR permitting and limits the exemption to two
types of stationary source categories: Emergency stationary
reciprocating internal combustion engines (ES-RICE), and gasoline
dispensing facilities (GDF). Section 2 also includes exclusions from
Part 39 for certain sources. Part 39 does not apply to: Stationary
sources within Bernalillo County that are located on Indian lands;
stationary sources that, in the aggregate, constitute a major source
under the applicable provisions of NMAC which are located on one or
more contiguous or adjacent properties, and which are under common
control of the same person; any non-emergency stationary RICE engines;
sources which contain emission units other than ES-RICE and GDF, and
that require a construction permit; sources that are part of a Title V
permit; or sources located at a single family private residence.
Section 7 of the SIP submittal provides definitions for the terms
used throughout 20.11.39 NMAC. The submitted revisions provide new
definitions for several new terms. The definitions in 20.11.1 NMAC
apply unless there is a conflict between definitions, in which case the
definition
[[Page 26059]]
in 20.11.39 NMAC shall govern. Definitions provided in the applicable
federal standards referenced in Part 39 shall apply to source
categories subject to those federal standards which are incorporated by
reference into board regulations.
Section 12 of the SIP submittal contains the provisions for Part 39
sources to qualify for a waiver from construction permit requirements
pursuant to 20.11.41. Owners and operators of Part 39 sources shall
apply for an Air Quality Notification (AQN) rather than a construction
permit when submitting an application to the department. If an owner or
operator of a source establishes that it is a Part 39 source and
demonstrates that the owner or operator will comply with all applicable
regulations set out in Section 13 of this Part, the department shall
waive compliance from further source registration or construction
permitting requirements pursuant to 20.11.40 NMAC or 20.11.41 NMAC.
This Part shall not waive any permit requirements for sources which are
not ES-RICE or GDF. Except as noted below in 20.11.39.15, no public
notice is required if the department waives further permitting
requirements for a Part 39 source. No department hearing shall be held
for a Part 39 source. The issuance of an AQN by the department is not a
permitting action and is not subject to petition to the Albuquerque-
Bernalillo County air quality control board. The new AQN will assist in
ensuring that these sources are not engaging in acts that will result
in an exceedance of one of the NAAQS, in clarifying when each annual
emission inventory is to be submitted, and that notification must be
provided to the Department.
Section 13 of the SIP submittal contains the requirements for the
two source categories to which Part 39 applies. General requirements
include that sources comply with any federal regulations which are
incorporated by reference into board regulations and which apply to
that source category; that no owner or operator of a source in a source
category to which this part applies shall construct or operate a Part
39 source without having first applied to the department for and
received an AQN; that the owner or operator of each Part 39 source
shall submit an annual emissions report to the department by March 15
of each year. Note that for their annual emission report, GDF granted
an AQN shall submit a report of their annual gasoline throughput for
the previous January through December, and ES-RICE granted an AQN shall
submit a report of their annual operating hours for the previous
January through December. The emission report must include a signed
certification, and nothing in Part 39 relieves any owner or operator of
any source from the responsibility to comply with any applicable
requirement in local, state, or federal law. No Part 39 source shall
emit any regulated air pollutant in quantities which would constitute a
major source.
Section 13 also outlines specific requirements for each category.
For ES-RICE not subject to the federal emissions standards listed
below, they shall comply with all applicable board and federal
regulations identified in the AQN. ES-RICE subject to 40 CFR part 60
subpart IIII, Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines, 40 CFR part 60 subpart JJJJ,
Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines, and 40 CFR part 63 subpart ZZZZ, National Emissions
Standards for Hazardous Air Pollutants for Stationary Reciprocating
Internal Combustion Engines, shall comply with all applicable
requirements in those federal regulations, as amended, and all
applicable board regulations identified in the AQN. GDF sources subject
to 40 CFR part 63 subpart CCCCCC, National Emission Standards for
Hazardous Air Pollutants for Gasoline Dispensing Facilities shall
comply with all applicable requirements in 40 CFR part 63 subpart
CCCCCC, as amended, and all applicable board regulations identified in
the AQN.
Section 14 of the SIP submittal contains the requirement that each
owner or operator of a Part 39 source apply for an AQN with the
department in compliance with the requirements of this section. A
person applying to the department for an AQN shall submit a completed
application provided by the department, and the department shall reject
any incomplete application for an AQN. Certain information is required
for the department to determine that an application for an AQN is
complete. This information includes: The name, street address and post
office address of the owner and any operators of the source or
responsible entity; sufficient attachments, including calculations,
computations and all other analyses used by the applicant to provide
information to describe the potential emission rate and nature of all
regulated air contaminants that the source may emit and control
measures used to comply with all applicable federal standards.
Information required specifically for GDF includes: The anticipated
annual gasoline throughput; the total number of refueling positions;
for each refueling position, identify whether it dispenses gasoline
only, diesel only, both, or is for heavy duty truck diesel refueling.
Information specifically for ES-RICE includes: A statement that the
engine will only be used for emergency purposes, other than as allowed
by applicable regulations.
The Department also requires the following information from sources
eligible for the Minor NSR permitting exemption: Any other relevant
information that the department may reasonably require; the signature
of the applicant, with the date it was signed, certifying that the
information represented in the application and attachments, if any, is
true, accurate and complete and that the owner and all operators will
comply with all applicable requirements in board regulations for that
source category; payment for the appropriate application fee required;
and that the department shall not require any Part 39 source to submit
air dispersion modeling with its AQN application.
Section 15 of the SIP submittal outlines the procedures for review
of an AQN application by the department. Within 45 days after the
department has received a complete application for an AQN as required,
the department shall issue or deny the AQN. If the AQN is issued, the
department shall send a copy of the AQN to the applicant by electronic
mail, or such other means as may be necessary. If the AQN is denied,
the department shall send a notice of denial to the applicant by
electronic mail, or such other means as may be necessary; if the
department determines that the application for the AQN is incomplete,
that Part 39 does not authorize the source to receive an AQN, or that
some other action is necessary, up to and including denial of an AQN,
the department shall inform the applicant by electronic mail, or such
other means as may be necessary; and, on the first business day of each
month, the department shall publish on its website a list of all AQNs
issued within the previous month, including the name and location of
each AQN issued. The department shall publish a current list of all
active AQNs on its website quarterly. The department website shall
prominently display information enabling members of the public to
contact the department regarding any AQN issued.
Section 17 of the SIP submittal outlines the compliance and
enforcement provisions of Part 39. It states that owners or operators
of Part 39 sources within Albuquerque-Bernalillo County shall comply
with the requirements in Part 39, whether set forth in their AQN or
not. These
[[Page 26060]]
provisions include that: Inaccurate or incomplete information in an
application is a violation of Part 39; any knowing and willful false
statement in an AQN application is a violation of Part 39; an ES-RICE
which has been issued an AQN shall be operated for emergency use only
or as necessary for exercising or maintenance of the engine; the
director may issue a compliance order requiring compliance and
assessing a civil penalty not to exceed $15,000.00 per day of
noncompliance for any violation of any applicable board regulations by
a Part 39 source, and the director may also commence a civil action in
district court for appropriate relief, including a temporary and
permanent injunction. Regarding inspections, the department may conduct
scheduled and unscheduled inspections to ensure compliance with any
applicable board regulations. Also, that upon presentation of
credentials, the department: Shall have a right of entry to, upon, or
through any premises on which a Part 39 source is located or on which
any records required to be maintained by any applicable board
regulations; may at any reasonable time have access to and copy any
records required to be established and maintained by any applicable
board regulations; may inspect any monitoring equipment and method
required by any applicable board regulations; and may sample any
emissions that are required to be sampled pursuant to any applicable
board regulations. Regarding credible evidence, any credible evidence
may be used to establish whether an owner or operator of a Part 39
source has violated any applicable board regulations. Credible evidence
and testing shall include but is not limited to: Compliance methods
specified in any applicable board regulations; or other testing,
monitoring or information-gathering methods that produce information
comparable to that produced by any CFR method and approved by the
department and EPA. Lastly, an owner or operator of a Part 39 source
who violates an applicable board regulation may be subject to
enforcement action.
Title 20.11.41. CONSTRUCTION PERMITS, section 2, of the current SIP
governs the scope of the Minor NSR program. The County's current SIP
requires stationary sources with emissions in excess of the limits
listed in this section to obtain a construction permit, unless the
source or activity qualifies for an exemption. In this submittal, the
County revised Part 41, section 2, subsection E(2), to include
references to new regulation Part 39. Although more than one air
quality regulation adopted by the board may apply to a stationary
source, including 20.11.39, 20.11.40, 20.11.60, 20.11.61, 20.11.63, and
20.11.64 NMAC, nothing in 20.11.41 NMAC shall be construed to require
more than one permit application for each unit proposed for
construction or modification. Definitions and provisions included in
specific federal program regulations shall apply to permit review of
any regulated air contaminant and source regulated by the federal NSPS,
NESHAP, prevention of significant deterioration, visibility or
nonattainment requirements.
The County also revised section 2 of Part 41 by adding subsection
G, which allows sources in the two exemption eligible source categories
to apply for an air quality notification (AQN), which waives certain
applicability requirements in Part 41. The provision states that an
owner or operator of an emergency stationary reciprocating internal
combustion engine or gasoline dispensing facility, as defined in Part
39, may apply for an air quality notification pursuant to that Part. If
the department grants an air quality notification, then the source will
not be required to apply for and obtain a construction permit.
C. CAA 110(l) Analysis
Each revision to an implementation plan submitted by a state under
the Clean Air Act shall be adopted by such state after reasonable
notice and public hearing. The County adopted the proposed revisions
after reasonable notice and public hearing. CAA section 110(l) also
states that the Administrator shall not approve a revision of a plan if
the revision would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in CAA section
171), or any other applicable requirement of the Act. For purposes of
the analysis under CAA section 110(l), we have taken into account the
overall effect of the revisions included in this action. The County's
proposed revisions will change the administrative procedure by which
certain GDF and ES-RICE obtain authorization for construction and
modification. The County's revisions would basically accomplish a
procedural change and will cause no change in emission levels or
controls and will not impact emissions or ambient concentration of any
compounds. These revisions primarily incorporate regulations to waive
permit requirements for certain gasoline dispensing facilities (GDF)
and emergency stationary reciprocating internal combustion engines (ES-
RICE), and to create new procedures for authorizing construction and
modification of the eligible sources.
As required by section 110(l) of the CAA, we analyzed the addition
of these proposed MNSR SIP revisions to ensure that they do not
interfere with any applicable requirement for attainment of the NAAQS,
reasonable further progress (RFP), or any other CAA requirement.
Albuquerque and Bernalillo County are in attainment for all National
Ambient Air Quality Standards and have been continuously since 1996.
The Department has been carrying out the Minor NSR program, as revised,
since January 1, 2014. Since then, there has been no indication that
these sources have interfered with attainment, RFP, or any other
requirement of the Act. Bernalillo County is designated attainment for
all NAAQS pollutants, and the air quality trends provided in the
monitoring tables below support that the air quality is improving in
the County. Note that additional air quality data is included in the
submittal.
The EPA took into consideration the following air quality trends
when making the decision to propose that the revisions be approved into
the SIP:
Compliance with the 8-hour ozone standard which has
improved county-wide with ozone pollutant concentrations trending
downward since the late 1980's. The 8-Hour ozone standard trends are
listed in Table 1:
Table 1--Ozone Data
[Ozone Design Values (8-hour standard, primary and secondary)]
------------------------------------------------------------------------
Maximum permissible concentration under 2015 NAAQS: 0.070 parts per
million
-------------------------------------------------------------------------
Design value
Year (ppm)
------------------------------------------------------------------------
2006................................................ * 0.073
2007................................................ * 0.073
2008................................................ 0.070
2009................................................ 0.070
2010................................................ 0.068
2011................................................ 0.070
2012................................................ * 0.074
2013................................................ * 0.072
2014................................................ 0.068
2015................................................ 0.066
2016................................................ 0.065
------------------------------------------------------------------------
* Data complied with the NAAQS in effect at that time.
Compliance with the 1-Year NO2 and 1-hour
NO2 standards has improved county-wide with NO2
pollutant concentrations trending downward since the late 1990's. The
1-Year NO2 trends are listed in Table 2:
[[Page 26061]]
Table 2--NO2 Data
[Nitrogen dioxide design values (1-year standard, primary and
secondary)]
------------------------------------------------------------------------
Maximum permissible concentration under 1971 NAAQS: 53 parts per billion
(ppb)
-------------------------------------------------------------------------
Design value
Year (ppb)
------------------------------------------------------------------------
2006................................................ 15.4
2007................................................ 14.9
2008................................................ 13.2
2009................................................ 12.4
2010................................................ 12.0
2011................................................ 13.3
2012................................................ 13.8
2013................................................ 11.8
2014................................................ 11.7
2015................................................ 11.0
2016................................................ 10.4
------------------------------------------------------------------------
Compliance with the 24-hour PM10 standard has
improved county-wide with PM10 pollutant concentrations
trending downward since the late 1980's. The 24-Hour PM10
trends are listed in Table 3:
Table 3--PM10 Data
[PM10 second highest 24-hour average *]
------------------------------------------------------------------------
Maximum permissible concentration under 1987 NAAQS: 150 micrograms per
cubic meter, no more than three exceedances annually
-------------------------------------------------------------------------
2nd highest 24-
Year hour average (mg/
m\3\)
------------------------------------------------------------------------
2006................................................ 148
2007................................................ 130
2008................................................ 131
2009................................................ 113
2010................................................ 102
2011................................................ 153
2012................................................ 145
2013................................................ 120
2014................................................ 152
2015................................................ 106
2016................................................ 133
------------------------------------------------------------------------
* Data excludes values flagged for exceptional events.
As shown by Table 3, PM10 levels in the City/County area
(as measured by the second highest 24-hour average per year) have
fluctuated between 102 and 153 micrograms per cubic meter over the last
decade. However, the overall trend over the last decade is relatively
stable, below the standard of 150 micrograms per cubic meter generally.
Albuquerque and Bernalillo County have remained in attainment for the
PM10 standard during the entire period.
Table 4 shows PM2.5 compliance with the 24-hour
standard. Additional data in the submittal show PM2.5
compliance with the annual standard. As shown in Table 4,
PM2.5 levels have remained well below the 24-hour standard.
Table 4--PM2.5 Data
[PM2.5 design values (24-hour standard, primary and secondary)]
------------------------------------------------------------------------
Maximum permissible concentration under 2012 NAAQS: 35 micrograms per
cubic meter
-------------------------------------------------------------------------
Design value (mg/
Year m\3\)
------------------------------------------------------------------------
2006................................................ 19
2007................................................ 18
2008................................................ 17
2009................................................ 16
2010................................................ 15
2011................................................ 23
2012................................................ 26
2013................................................ 27
2014................................................ 20
2015................................................ 18
2016................................................ 19
------------------------------------------------------------------------
The next table shows carbon monoxide (CO) monitoring results and
how they compare to the NAAQS. Table 5 shows CO compliance with the 8-
hour CO standard. As shown by Table 5, CO levels have remained well
below the 8-hour and 1-hour standards.
Table 5--CO Data
[Table of CO design values (8-hour standard. primary)]
------------------------------------------------------------------------
Maximum permissible concentration under 1971 NAAQS: 9 parts per million
-------------------------------------------------------------------------
Year Design value (ppm)
------------------------------------------------------------------------
2006................................................ 3.0
2007................................................ 3.4
2008................................................ 3.4
2009................................................ 2.6
2010................................................ 2.6
2011................................................ 2.6
2012................................................ 2.2
2013................................................ 2. 2
2014................................................ 1.2
2015................................................ 1.4
2016................................................ 1 .9
------------------------------------------------------------------------
Below, Table 6 shows sulfur dioxide (SO2) monitoring
results and how they compare to the 1-hour NAAQS. As shown by Table 6,
SO2 levels have remained well below the NAAQS threshold.
Because EPA promulgated the standard in 2010 and the design value
period is three years, the first design value data were not available
until 2013.
Table 6--SO2 Data
[SO2 design values (1-hour standard primary, 3-hour standard secondary)]
------------------------------------------------------------------------
Maximum permissible concentration under 2010 NAAQS: Primary standard: 75
parts per billion, secondary standard: 0.5 parts per million
-------------------------------------------------------------------------
Design value (mg/
Year m\3\)
------------------------------------------------------------------------
2013................................................ 5
2014................................................ 5
2015................................................ 5
2016................................................ 6
------------------------------------------------------------------------
Following discussions with Region 6, the Department conducted
additional research to supplement the submittal. This research
included: The number of the GDFs in the county which have the potential
to emit VOC in the ranges of 0-25 tons per year, 25-50 tons per year
and 50-100 tons per year; and the methodology utilized to calculate VOC
emissions from these GDF. The Department's historical approach for
calculating potential VOC emissions utilized the AP-42 Table 5.2-7
emissions rate factors (June 2008). As part of the EPA Tribal Minor New
Source Review (NSR) final rule (July 2011), EPA developed new guidance
for calculating VOC emissions from GDF entitled ``Potential to Emit
Calculator for Gasoline Dispensing Facilities'' (Final March 23, 2015).
The Department recently utilized this guidance to recalculate potential
VOC emissions from their GDF. The results show that all GDF within its
jurisdiction fall below the current EPA SIP approved minor NSR
threshold of 25 tons per year or more of any single regulated air
contaminant.
Prior to the revision, any source that was subject to New Source
Performance Standards for Stationary Sources (NSPS) or National
Emission Standards for Hazardous Air Pollutants (NESHAP) regulations,
regardless of its potential to emit, was automatically required to
obtain a permit. This subjected all GDF, regardless of their potential
to emit, to NSR permitting. As stated in response to a comment received
during the County's public comment period, ``the revision does not
remove any existing air quality control requirement or increase air
pollution. EHD proposes to change the process by which certain sources
are regulated, not end any regulation of those sources. The result, as
we have tried to make clear, will be to change one feature of public
participation in air quality, not end that participation
[[Page 26062]]
altogether.'' \2\ Further, the Department has found that its universe
of GDF contribute only approximately 0.28% of the VOC in the ambient
air in the County using the EPA guidance of March 23, 2015. As such,
their impact on the ozone NAAQS is very minimal.
---------------------------------------------------------------------------
\2\ See Attachment C, 2. Public Comment, of the County's January
18, 2018 submittal.
---------------------------------------------------------------------------
Regarding ES-RICE, the pollutants which are relevant to NAAQS
attainment are ozone, NOX, PM, CO and SO2. As
exhibited in the tables above, Albuquerque and Bernalillo County have
maintained attainment for the NAAQS for ozone, NOX, PM, CO
and SO2 for the entire time during which federal emission
controls for ES-RICE have been in effect. The Department's proposal
will not change those controls, it will not impact emissions from these
sources, and will not interfere with attainment of any NAAQS. Emissions
from ES-RICE will not interfere with NAAQS attainment because they are
very low and because they contribute so little to the total amount of
emissions of concern which are relevant for NAAQS compliance,
particularly when examined in context with the total emissions
throughout the County. The applicable regulations only permit ES-RICE
to operate during emergencies, other than the few hours which are
necessary to maintain the engines. In the Department's experience
reviewing emission inventory reports for these sources, it estimates
that the average hours of operation of each ES-RICE in Albuquerque-
Bernalillo County is 24 hours per year. Comparing the annual hours of
use of emergency engines (average 24 hours) versus regular engines
which may operate year-round (8,760 hours), ES-RICE engines in
Albuquerque-Bernalillo County would only produce about 0.3% of the
impact that the same engine would produce if it were used continuously.
When using an assumed maximum of 500 hours operation per year for each
ES-RICE, EPA has previously concluded that a 500 hours per year limit
would result in emissions of 5.5 tons per year or less from each ES-
RICE. See 78 FR 15296 (March 11, 2013). Comparing this 500 hour per
year limit to the Department's actual estimates of 24 hours per year,
each ES-RICE will only emit about 0.26 tons per year. We also note that
these engines are also subject to 40 CFR part 60 subpart IIII,
Standards of Performance for Stationary Compression Ignition Internal
Combustion Engines, 40 CFR part 60, subpart JJJJ, Standards of
Performance for Hazardous Air Pollutants for Stationary Reciprocating
Internal Combustion Engines; and 40 CFR part 63 subpart ZZZZ, National
Emission Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines.
Since Albuquerque and Bernalillo County have been in attainment for
all the NAAQS for pollutants emitted by ES-RICEs during the entire
period that federal and local emission controls for ES-RICE have been
in effect, and those controls will remain in place, this proposal will
not interfere with contained attainment of the NAAQS.
Based on these historical trends and supporting air quality
monitoring data documenting air quality improvements throughout the
State, we believe the proposed Minor NSR SIP revision meets the
requirements of CAA section 110(l) and is consistent with the
provisions of 40 CFR 51.160(e) which provide state agencies the
latitude to define the types and sizes of facilities, buildings,
structures, or installations subject to review. We believe the
implementation of these rules will not interfere with any applicable
requirement concerning attainment, reasonable further progress,
maintaining PSD increment, or any other applicable requirement of the
CAA.
Accordingly, the EPA is proposing approval of these revisions under
section 110 of the Act. The SIP submittal is available in the docket
and from the EPA Region 6 office.
IV. Proposed Action
We are proposing to approve the revisions to the City of
Albuquerque--Bernalillo County Minor NSR program dated January 18,
2018. EPA is proposing to approve newly adopted MNSR permitting
regulations which waive permitting requirements for eligible GDF and
ES-RICE, and create new procedures for authorizing construction and
modification of these eligible sources. The EPA has made the
preliminary determination that the revisions are approvable because the
submitted rules are adopted and submitted in accordance with the CAA
and the EPA regulations at 40 CFR 51.160-51.164, and are consistent
with the laws and regulations for Minor NSR permitting. 40 CFR
51.160(e) allows state and local agencies to identify the types and
sizes of facilities, buildings, structures, or installations which will
be subject to Minor NSR review provided that the submitted plan
discusses a basis for determining which facilities will be subject to
review. In addition, the plan must not contain any provisions which
would violate section 110(l) of the CAA. The County stated in its
submittal that requiring each exemption eligible GDF and ES-RICE to
undergo the Minor NSR public notice and participation process had
become an administrative burden. A large percentage of the County's
time spent on permitting actions was spent on GDFs and ES-RICEs which
are responsible for emitting minimal amounts of regulated pollutants
when compared to the County's entire permitting universe. As explained
in the 110(l) section of this proposed rule, these sources emit less
than 1% of the total regulated air pollutant emissions within the
County. As such, the County is seeking to streamline the process for
these sources, so that it can spend more time on sources that emit
regulated pollutants in greater, more consequential amounts. EPA finds
that the County has provided a reasonable basis for determining that
these facilities should not be subject to review. Further, as explained
above, this revision will not result in a violation of CAA section
110(l). Therefore, under section 110 of the Act, and for the reasons
presented above, the EPA proposes approval of the revisions to the
County Minor NSR SIP identified in Table 7 below.
Table 7 summarizes the changes made to the County's SIP that are
contained in the SIP revisions dated January 18, 2018. A summary of the
EPA's evaluation of each substantive section and the basis for this
action is discussed in Section III of this preamble.
Table 7--Summary of the SIP Submittal in This Action
----------------------------------------------------------------------------------------------------------------
Submittal
Section Title dates Proposed action
----------------------------------------------------------------------------------------------------------------
20.11.39 NMAC--PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES
----------------------------------------------------------------------------------------------------------------
20.11.39.1 NMAC......................... Issuing Agency........... 01/18/2018 Approval.
20.11.39.2 NMAC......................... Scope.................... 01/18/2018 Approval.
[[Page 26063]]
20.11.39.3 NMAC......................... Statutory Authority...... 01/18/2018 Approval.
20.11.39.4 NMAC......................... Duration................. 01/18/2018 Approval.
20.11.39.5 NMAC......................... Effective Date........... 01/18/2018 Approval.
20.11.39.6 NMAC......................... Objective................ 01/18/2018 Approval.
20.11.39.7 NMAC......................... Definitions.............. 01/18/2018 Approval.
20.11.39.8 NMAC......................... Variances................ 01/18/2018 Approval.
20.11.39.9 NMAC......................... Savings Clause........... 01/18/2018 Approval.
20.11.39.10 NMAC........................ Severability............. 01/18/2018 Approval.
20.11.39.11 NMAC........................ Documents................ 01/18/2018 Approval.
20.11.39.12 NMAC........................ Permit Waivers........... 01/18/2018 Approval.
20.11.39.13 NMAC........................ Requirements for Source 01/18/2018 Approval.
Categories to Which Part
39 Applies.
20.11.39.14 NMAC........................ Air Quality Notification 01/18/2018 Approval.
Application.
20.11.39.15 NMAC........................ AQN Application Review... 01/18/2018 Approval.
20.11.39.16 NMAC........................ Transfer of Prior 01/18/2018 Approval.
Authorizations to AQNs.
20.11.39.17 NMAC........................ Compliance and 01/18/2018 Approval.
Enforcement.
20.11.39.18 NMAC........................ Amending and Air Quality 01/18/2018 Approval.
Notification.
20.11.39.19 NMAC........................ Fees..................... 01/18/2018 Approval.
20.11.39.20 NMAC........................ AQN Cancellation......... 01/18/2018 Approval.
----------------------------------------------------------------------------------------------------------------
20.11.41 NMAC--CONSTRUCTION PERMITS
----------------------------------------------------------------------------------------------------------------
20.11.41.2(E)(2) NMAC................... Additional Permit 01/18/2018 Approval.
Requirements.
20.11.41.2(G) NMAC...................... Permissive Waiver........ 01/18/2018 Approval.
----------------------------------------------------------------------------------------------------------------
V. 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 revisions to the Albuquerque/Bernalillo County, New Mexico
regulations, as described in the Proposed Action section above. We have
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 (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
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, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 28, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-11662 Filed 6-4-19; 8:45 am]
BILLING CODE 6560-50-P