[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10757]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NM-20-1-6216; FRL-4879-5]

 

Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Albuquerque/Bernalillo County Carbon Monoxide Contingency 
Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves a revision to the New Mexico State 
Implementation Plan (SIP) addressing carbon monoxide (CO) contingency 
measures and a proposed clean fuel vehicle fleet demonstration project 
for Albuquerque/Bernalillo County, outside the boundaries of Indian 
lands. The CO contingency measures constitute one of the required 
elements of the complete Albuquerque/Bernalillo County CO SIP.
DATES: This final rule will become effective on July 5, 1994 unless 
notice is received by June 6, 1994 that someone wishes to submit 
adverse or critical comments. If the effective date is delayed, timely 
notice will be published in the Federal Register (FR).

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office 
listed below. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. The interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least twenty-four hours before the visiting day.
    U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202.
    U.S. Environmental Protection Agency, Air and Radiation Docket and 
Information Center, 401 M Street, SW., Washington, DC 20460.
    Albuquerque Environmental Health Department, The City of 
Albuquerque, One Civic Plaza Northwest, P.O. Box 1293,Albuquerque, New 
Mexico 87103.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather, Planning Section (6T-
AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, telephone (214) 655-7258.

SUPPLEMENTARY INFORMATION:

Background

    Albuquerque/Bernalillo County, New Mexico, was designated 
nonattainment for CO and classified as moderate with a design value 
below 12.7 parts per million (ppm.) (specifically 11.1 ppm.), under 
sections 107(d)(4)(A) and 186(a) of the Clean Air Act (CAA), upon 
enactment of the Clean Air Act Amendments (CAAA) of 1990.1 Please 
reference 56 FR 56694 (November 6, 1991) and 57 FR 13498 and 13529 
(April 16, 1992). The air quality planning requirements for moderate CO 
nonattainment areas with a design value less than or equal to 12.7 ppm. 
are set out in subparts one and three of part D, title I of the CAA. 
Subpart one contains provisions generally applicable to all 
nonattainment areas, and subpart three contains provisions specifically 
applicable to CO nonattainment areas.
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    \1\The CAAA of 1990 made significant changes to the air quality 
planning requirements for areas that do not meet (or that 
significantly contribute to ambient air quality in a nearby area 
that does not meet) the CO National Ambient Air Quality Standards 
(NAAQS) (see Public Law No. 101-549, 104 Stat. 2399). References 
herein are to the CAA as amended in 1990, 42 U.S.C. 7401 et seq.
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    On November 5, 1992, the Governor of New Mexico submitted to the 
EPA a SIP revision for CO concerning Albuquerque/Bernalillo County that 
was intended to satisfy CAA requirements due on November 15, 1992. This 
submittal included the 1990 base year CO emissions inventory, the 
oxygenated fuels program, and the winter woodburning program. On 
November 29, 1993, the EPA published the final approval of the 
emissions inventory, oxygenated fuels program, and the winter 
woodburning program (58 FR 62535).
    This action approves CO contingency measures for Albuquerque/
Bernalillo County, submitted to the EPA by the Governor of New Mexico 
by cover letter dated November 12, 1993. This submittal satisfies the 
requirement, as per section 172(c)(9) of the CAA, that all 
nonattainment area SIPs must contain contingency measures (due November 
15, 1993) that are to be implemented if the area fails to make 
reasonable further progress (RFP) or to attain the applicable National 
Ambient Air Quality Standards (NAAQS) by the applicable date. The 
contingency measures are to be implemented immediately after the EPA 
determines failure of RFP or attainment of the applicable NAAQS, 
without further action by the State or the EPA.

Analysis of City/County Submission

A. Procedural Background

    The CAA requires States to observe certain procedural requirements 
in developing implementation plans for submission to the EPA. Section 
110(a)(2) of the CAA provides that each implementation plan submitted 
by a State must be adopted after reasonable notice and public hearing 
(see also section 110(l) of the CAA). Also, the EPA must determine 
whether a submittal is complete, and therefore warrants further EPA 
review and action (see section 110(k)(1) and 57 FR 13565). The EPA's 
completeness criteria for SIP submittals are set out at 40 CFR part 51, 
appendix V. The EPA attempts to make completeness determinations within 
60 days of receiving a submission. However, a submittal is deemed 
complete by operation of law if a completeness determination is not 
made by the EPA six months after receipt of the submission.
    After providing adequate notice, the City of Albuquerque held a 
public hearing on October 13, 1993, to entertain public comment on 
proposed revisions to the CO SIP narrative, and on proposed revisions 
to Regulation 35 addressing CO contingency measures, entitled 
Alternative Fuels. Public comments were received and adequately 
addressed by the City/County. Following the public hearings, the 
revisions to the CO SIP narrative and to Regulation 35 were adopted by 
the Albuquerque/Bernalillo County Air Quality Control Board, and 
submitted as a SIP revision to the EPA by cover letter from the 
Governor dated November 12, 1993.
    The SIP revision was reviewed by the EPA to determine completeness 
shortly after its submittal, in accordance with the completeness 
criteria referenced above. A letter datedDecember 27, 1993, was 
forwarded to the Governor indicating the completeness of the submittal 
and the next steps to be taken in the review process.

B. Review of CO Contingency Measures

    Albuquerque/Bernalillo County filed revisions to Regulation 35 with 
the State of New Mexico Records and Archives Center on November 10, 
1993. Regulation 35 contains the oxygenated fuel provisions for 
Albuquerque/Bernalillo County. The revisions being approved in this 
action consist of the implementation of a more stringent oxygenated 
fuels program in Bernalillo County beginning November 1, 1996, if the 
County does not achieve attainment of the CO NAAQS by December 31, 1995 
(i.e., one or more quality assured violations of the CO NAAQS are 
recorded in calendar years 1994 and/or 1995). Specifically, the 
revisions would require gasoline sold in Bernalillo County during the 
winter control period (November 1 to the end of February) to contain 
not less than 3.0% oxygen by weight for ethanol blends. The current 
program requires not less than 2.7% oxygen by weight for all blends. In 
addition, the revisions mandate that as a contingency measure, all 
oxygenated fuel would be blended prior to removal by tank truck from 
primary supply points (such as refineries and terminals).

C. Review of Proposed Clean Fuel Vehicle Fleet Demonstration Project

    The City/County also included in the November 12, 1993, submittal, 
a proposed demonstration project to convert certain fleet vehicles 
(select medium and heavy duty passenger vans) to alternative fuel use 
(e.g., compressed natural gas, electricity). The City/County included a 
description of this proposed demonstration project in the revisions to 
the CO SIP narrative. The proposed project is expected to show air 
quality benefits (e.g., CO tailpipe emission reductions) and fuel cost 
savings for natural gas conversions. The EPA in this action is 
approving the revisions to the Albuquerque/Bernalillo County CO SIP 
narrative to include the proposed clean fuel vehicle fleet 
demonstration project discussed above. It is important to note that the 
proposed clean fuel vehicle fleet demonstration project is not required 
by the EPA, and is not being approved as a contingency measure in the 
Albuquerque/Bernalillo County, New Mexico, SIP. The approval of the 
revised CO SIP narrative acknowledges that the City/County is taking 
its own initiative in exploring means of obtaining additional, but 
undefined, CO emission reductions.

Final Action

    This action approves a revision to the New Mexico SIP to include 
for Albuquerque/Bernalillo County, outside the boundaries of Indian 
lands: (1) CO contingency measures; and (2) a proposed clean fuel 
vehicle fleet demonstration project. The CO contingency measures 
constitute one of the required elements of the complete Albuquerque/
Bernalillo County CO SIP.
    The EPA has reviewed these revisions to the New Mexico SIP and is 
approving them as submitted. The EPA is publishing this action without 
prior proposal because the Agency views this as a noncontroversial 
amendment and anticipates no adverse comments. This action will be 
effective July 5, 1994 unless, by June 6, 1994, notice is received that 
adverse or critical comments will be submitted.
    If such notice is received, this action will be withdrawn before 
the effective date by publishing two subsequent documents. One document 
will withdraw the final action, and another will begin a new rulemaking 
by announcing a proposal of the action and establishing a comment 
period. If no such comments are received, the public is advised that 
this action will be effective July 5, 1994.

Miscellaneous

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D, of the 
CAA do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
CAA forbids the EPA to base its actions concerning SIPs on such grounds 
(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42 
U.S.C. 7410(a)(2)).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 5, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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).)

Executive Order

    This action has been classified as a table two action by the 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225), as revised by an 
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. A future document will inform the 
general public of these revised tables. On January 6, 1989, the Office 
of Management and Budget (OMB) waived table two and three SIP revisions 
(54 FR 2222) from the requirements of section 3 of Executive Order 
12291 for a period of two years. The EPA has submitted a request for a 
permanent waiver for table two and three SIP revisions. The OMB has 
agreed to continue the waiver until such time as it rules on the EPA's 
request. This request continues in effect under Executive Order 12866 
which superseded Executive Order 12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations.

    Note: Incorporation by reference of the SIP for the State of New 
Mexico was approved by the Director of the Federal Register on July 
1, 1982.

    Dated: April 20, 1994.
A. Stanley Meiburg,
Acting Regional Administrator (6A).

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart GG--New Mexico

    2. Section 52.1620 is amended by adding paragraph (c)(57) to read 
as follows:


Sec. 52.1620  Identification of plan.

* * * * *
    (c) * * *
    (57) A revision to the New Mexico SIP addressing CO contingency 
measures and a proposed clean fuel vehicle fleet demonstration project 
for Albuquerque/Bernalillo County, outside the boundaries of Indian 
lands, was submitted by the Governor of New Mexico by cover letter 
dated November 12, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 35-Alternative 
Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1); 
Section 35.03, ``Oxygenated Fuels Procedures Manual;'' and Section 
35.06, ``Contingency Measures,'' as filed with the State Records and 
Archives Center on November 10, 1993.
    (ii) Additional material.
    (A) November 12, 1993, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the proposed clean 
fuel vehicle fleet demonstration project.
[FR Doc. 94-10757 Filed 5-4-94; 8:45 am]
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