Air Plan Approval; New Mexico; Albuquerque/Bernalillo County; Minor New Source Review (NSR) Preconstruction Permitting Program Revisions, 31204-31206 [2019-13765]
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31204
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
khammond on DSKBBV9HB2PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting one and one-half hours that
will prohibit entry on the Upper
Mississippi River between MM 483 and
MM 484. It is categorically excluded
from further review under paragraph
L60(d) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0513 to read as
follows:
■
§ 165.T08–0513 Safety Zone; Upper
Mississippi River, Miles 483 to 483, Rock
Island, IL.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between Mile
Marker (MM) 483 and MM 484.
(b) Period of enforcement. This
section will be enforced from 9 p.m.
through 10:30 p.m. on July 3, 2019.
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Fmt 4700
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(c) Regulations. (1) In accordance with
the general regulations in § 165.23,
persons and vessels are prohibited from
entering the safety zone unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Upper Mississippi River.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted by telephone at 314–269–
2332.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement date and times for this
safety zone, as well as any emergent
safety concerns that may delay the
enforcement of the zone through
Broadcast Notice to Mariners (BNM),
Local Notices to Mariners (LNMs), and/
or actual notice.
Dated: June 25, 2019.
R.M. Scott,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019–13947 Filed 6–28–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0176; FRL–9995–44–
Region 6]
Air Plan Approval; New Mexico;
Albuquerque/Bernalillo County; Minor
New Source Review (NSR)
Preconstruction Permitting Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the New
Mexico State Implementation Plan (SIP)
for the City of Albuquerque-Bernalillo
County minor New Source Review
(NSR) program submitted on January 18,
2018. The EPA is also converting our
earlier conditional approval of the
SUMMARY:
E:\FR\FM\01JYR1.SGM
01JYR1
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
minor NSR Preconstruction Permitting
Program to full approval. We are taking
this action in accordance with the Clean
Air Act (CAA, the Act) requirements.
DATES: This rule is effective on July 31,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2018–0176. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the EPA Region 6 Office, 1201
Elm Street, Suite 500, Dallas, Texas
75270.
FOR FURTHER INFORMATION CONTACT: Ms.
Kyndall Cox, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street, Suite
500, Dallas, TX 75270, 214–665–8567,
cox.kyndall@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Kyndall Cox or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
khammond on DSKBBV9HB2PROD with RULES
I. Background
The background for this action is
discussed in detail in our April 24, 2019
proposed approval (84 FR 17129). In
that document we proposed to approve
the revisions to the City of
Albuquerque-Bernalillo County minor
NSR preconstruction permitting
program submitted on January 18, 2018
and to convert the conditional approval
of the minor NSR permitting program to
a full approval. The proposal addressed
the County’s submittal regarding
accelerated permitting procedures,
technical permit revisions, and conflict
of interest and we found the submitted
revisions to be consistent with the
required elements of minor NSR
programs at 40 CFR 51.160–51.164. We
did not receive any comments regarding
our proposal.
II. Final Action
We are approving revisions to the City
of Albuquerque-Bernalillo County
minor NSR permitting program
submitted on January 18, 2018. The
revisions were adopted and submitted
in accordance with the requirements of
the CAA and federal regulations
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Jkt 247001
regarding SIP development at 40 CFR
part 51. Additionally, we have
determined that the submitted revisions
to the City of Albuquerque-Bernalillo
County minor NSR program are
consistent with federal regulations at 40
CFR 51.160–51.164 and the associated
policy and guidance. Therefore, under
section 110 of the Act, the EPA
approves into the New Mexico SIP for
the City of Albuquerque-Bernalillo
County the following revisions adopted
November 8, 2017, and submitted to the
EPA on January 18, 2018:
• 20.11.41.13 NMAC, Application for
Permit;
• 20.11.41.14 NMAC, Public Notice
by Department—Public Participation;
• 20.11.41.15 NMAC, Public
Information Hearing (PIH);
• 20.11.41.28 NMAC, Administrative
and Technical Permit Revisions; and
• 20.11.41.32 NMAC, Accelerated
Review of Application.
We are also approving the following
definitions since they are consistent
with federal requirements for minor
NSR permitting. Specifically, the EPA is
approving the definition of ‘‘conflict of
interest’’ at 20.11.41.7.J NMAC, the
definition of ‘‘technical permit revision
or technical revision’’ at 20.11.41.7.RR
NMAC; as well as, the references to
‘‘technical permit revisions’’ in the
definition of ‘‘permit’’ at 20.11.41.7.EE
NMAC. Because of our final approval of
the January 18, 2018, submitted
revisions, we are converting our prior
conditional approval of the City of
Albuquerque-Bernalillo County minor
NSR permitting program to a full
approval. This action is being taken
under section 110 of the Act.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revisions to the New Mexico regulations
as described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 6 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
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31205
incorporated in the next update to the
SIP compilation.
IV. 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 approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
E:\FR\FM\01JYR1.SGM
01JYR1
31206
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 30, 2019.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52–APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. In § 52.1620, in paragraph (c), the
second table, titled ‘‘EPA Approved
Albuquerque/Bernalillo County, NM
Regulations,’’ is amended by revising
the entry for Part 41 (20.11.41 NMAC)
‘‘Authority to Construct’’ to read as
follows:
■
§ 52.1620
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State citation
State approval/effective
date
Title/subject
*
*
*
Part 41 (20.11.41 NMAC) ....... Authority to Construct ............
*
*
*
*
*
*
*
*
[FR Doc. 2019–13765 Filed 6–28–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0789; FRL–9995–71–
Region 1]
Air Plan Approval; Massachusetts;
Boston Metropolitan Area, Lowell,
Springfield, Waltham, and Worcester
Second 10-Year Carbon Monoxide
Limited Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
khammond on DSKBBV9HB2PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Massachusetts. This revision includes
SUMMARY:
VerDate Sep<11>2014
15:54 Jun 28, 2019
*
11/08/2017
Jkt 247001
*
EPA approval date
*
7/1/2019, [Insert Federal
Register citation].
*
the second 10-year limited maintenance
plan (LMP) for Carbon Monoxide (CO)
for the Boston Metropolitan Area, as
well as for the cities of Lowell,
Springfield, Waltham, and Worcester.
This LMP addresses maintenance of the
CO National Ambient Air Quality
Standard (NAAQS) for a second 10-year
period beyond the original redesignation to attainment. This action is
being taken in accordance with the
Clean Air Act.
DATES:
This rule is effective on July 31,
2019.
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0789. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
ADDRESSES:
PO 00000
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Explanation
*
*
*
*
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, 5 Post Office
Square, Suite 100 (mail code: 05–2),
Boston, MA 02109–3912, telephone
number (617) 918–1660, email
garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31204-31206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13765]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0176; FRL-9995-44-Region 6]
Air Plan Approval; New Mexico; Albuquerque/Bernalillo County;
Minor New Source Review (NSR) Preconstruction Permitting Program
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to the New
Mexico State Implementation Plan (SIP) for the City of Albuquerque-
Bernalillo County minor New Source Review (NSR) program submitted on
January 18, 2018. The EPA is also converting our earlier conditional
approval of the
[[Page 31205]]
minor NSR Preconstruction Permitting Program to full approval. We are
taking this action in accordance with the Clean Air Act (CAA, the Act)
requirements.
DATES: This rule is effective on July 31, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0176. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.
FOR FURTHER INFORMATION CONTACT: Ms. Kyndall Cox, EPA Region 6 Office,
Air Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 214-
665-8567, [email protected]. To inspect the hard copy materials,
please schedule an appointment with Ms. Kyndall Cox or Mr. Bill Deese
at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our April
24, 2019 proposed approval (84 FR 17129). In that document we proposed
to approve the revisions to the City of Albuquerque-Bernalillo County
minor NSR preconstruction permitting program submitted on January 18,
2018 and to convert the conditional approval of the minor NSR
permitting program to a full approval. The proposal addressed the
County's submittal regarding accelerated permitting procedures,
technical permit revisions, and conflict of interest and we found the
submitted revisions to be consistent with the required elements of
minor NSR programs at 40 CFR 51.160-51.164. We did not receive any
comments regarding our proposal.
II. Final Action
We are approving revisions to the City of Albuquerque-Bernalillo
County minor NSR permitting program submitted on January 18, 2018. The
revisions were adopted and submitted in accordance with the
requirements of the CAA and federal regulations regarding SIP
development at 40 CFR part 51. Additionally, we have determined that
the submitted revisions to the City of Albuquerque-Bernalillo County
minor NSR program are consistent with federal regulations at 40 CFR
51.160-51.164 and the associated policy and guidance. Therefore, under
section 110 of the Act, the EPA approves into the New Mexico SIP for
the City of Albuquerque-Bernalillo County the following revisions
adopted November 8, 2017, and submitted to the EPA on January 18, 2018:
20.11.41.13 NMAC, Application for Permit;
20.11.41.14 NMAC, Public Notice by Department--Public
Participation;
20.11.41.15 NMAC, Public Information Hearing (PIH);
20.11.41.28 NMAC, Administrative and Technical Permit
Revisions; and
20.11.41.32 NMAC, Accelerated Review of Application.
We are also approving the following definitions since they are
consistent with federal requirements for minor NSR permitting.
Specifically, the EPA is approving the definition of ``conflict of
interest'' at 20.11.41.7.J NMAC, the definition of ``technical permit
revision or technical revision'' at 20.11.41.7.RR NMAC; as well as, the
references to ``technical permit revisions'' in the definition of
``permit'' at 20.11.41.7.EE NMAC. Because of our final approval of the
January 18, 2018, submitted revisions, we are converting our prior
conditional approval of the City of Albuquerque-Bernalillo County minor
NSR permitting program to a full approval. This action is being taken
under section 110 of the Act.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the New Mexico regulations as described in the Final
Action section above. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 6 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated in the next update to the SIP
compilation.
IV. 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 approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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
[[Page 31206]]
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 30, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
2. In Sec. 52.1620, in paragraph (c), the second table, titled ``EPA
Approved Albuquerque/Bernalillo County, NM Regulations,'' is amended by
revising the entry for Part 41 (20.11.41 NMAC) ``Authority to
Construct'' to read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 41 (20.11.41 NMAC).......... Authority to 11/08/2017 7/1/2019, [Insert ...................
Construct. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-13765 Filed 6-28-19; 8:45 am]
BILLING CODE 6560-50-P
