[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32339-32341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16023]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NM-23-1-7101a; FRL-5500-7]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Supplement to the New Mexico State Implementation Plan 
(SIP) to Control Air Pollution in Areas of Bernalillo County Designated 
Nonattainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the SIP consisting of the 
``October 12, 1994, Supplement to the New Mexico State Implementation 
Plan to Control Air Pollution in Area(s) of Bernalillo County 
Designated Nonattainment''. This revision updates the narrative portion 
of the previously approved April 14, 1993, Supplement to the New Mexico 
SIP to Control Air Pollution in Areas of Bernalillo County Designated 
Nonattainment (see the December 21, 1993 Federal Register to reflect 
EPA's approval for lifting the construction ban in Bernalillo County. 
The construction ban was put in place by the Governor of New Mexico on 
May 20, 1980. The ban was repealed by EPA approval effective May 16, 
1994, and appearing in the March 16, 1994 Federal Register.

DATES: This action is effective on August 23, 1996, unless notice is 
postmarked by July 24, 1996 that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments should be mailed to Jole C. Luehrs, Chief, Air 
Permits Section (6PD-R), U.S. EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733. Copies of the State's

[[Page 32340]]

petition and other information relevant to this action are available 
for inspection during normal hours at the following locations:

U.S. EPA, Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, 
Suite 700, Dallas, TX 75202-2733.
Air and Radiation Docket and Information Center, U.S. EPA, 401 M 
Street, SW., Washington, DC 20460.
City of Albuquerque, Environmental Health Department, One Civic Plaza, 
Albuquerque, NM 87103.

    Anyone wishing to review this petition at the Region 6 EPA office 
is asked to contact the person below to schedule an appointment 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: Mr. Samuel R. Mitz, Air Permits 
Section (6PD-R), U.S. EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, telephone (214) 665-8370.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 1993, EPA approved an Albuquerque/Bernalillo County 
permit SIP revision which included the April 14, 1993, Supplement to 
the New Mexico SIP to Control Air Pollution in Area(s) of Bernalillo 
County Designated Nonattainment (58 FR 67326). This Supplement included 
a paragraph which stated that upon approval of Albuquerque/ Bernalillo 
County Air Quality Control Regulations (AQCR) 20 (Authority-to-
Construct Permits), 29 (Prevention of Significant Deterioration) and 32 
(Construction Permits for Nonattainment Areas) and the accompanying SIP 
supplements, there would be no need to continue the Governor's 
construction moratorium of May 20, 1980, which appeared in 40 Code of 
Federal Regulations (CFR) 52.1620(e)(18).
    On December 21, 1993, EPA approved revised AQCRs 29 and 32. On 
March 16, 1994, EPA approved AQCR 20, which brought the Albuquerque/
Bernalillo County New Source Review permitting program up to date and 
provided for the revocation of the construction ban for Albuquerque 
County. In response, on October 12, 1994, the State of New Mexico 
adopted a revised Supplement to the New Mexico State Implementation 
Plan to Control Air Pollution in Area(s) of Bernalillo County 
Designated Nonattainment, which noted the repeal of the construction 
moratorium.

Final Action

    The EPA is approving the revised New Mexico SIP narrative entitled 
October 12, 1994 Supplement to the New Mexico State Implementation Plan 
to Control Air Pollution in Area(s) of Bernalillo County Designated 
Nonattainment, which acknowledges the repeal of the construction 
moratorium of May 20, 1980.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
unless adverse or critical comments be filed. This action will be 
effective August 23, 1996, unless adverse or critical comments are 
postmarked by July 24, 1996. If EPA receives such comments, this action 
will be withdrawn before the effective date by publishing a subsequent 
document that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on 
this action serving as a proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received on this action, the public is advised that this 
action will be effective August 23, 1996.

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., 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, under 5 U.S.C. 605(b), EPA may certify that the rule 
will not have a significant impact on a substantial number of small 
entities (see 46 FR 8709). Small entities include small businesses, 
small not-for-profit enterprises, and governmental entities with 
jurisdiction over populations of less than 50,000. SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act (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 small entities. 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 EPA from 
basing its actions concerning SIPs on such grounds. Union Electric Co. 
v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 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 August 23, 1996. Filing a petition for 
reconsideration of this final rule by the Administrator does not affect 
the finality of this rule for purposes of judicial review; nor does it 
extend the time within which a petition for judicial review may be 
filed, or postpone the effectiveness of this rule. This action may not 
be challenged later in proceedings to enforce its requirements (see 
section 307(b)(2)).
    Nothing in this action shall be construed as permitting, allowing, 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this SIP or plan revision approved in this 
action, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 110 of the CAA. 
The rules and commitments approved in this action may bind State, 
local, and tribal governments to perform certain actions and also 
require the private sector to perform certain duties. To the extent 
that the rules and commitments being approved by this action will 
impose or lead to the imposition of any mandate upon the State, local, 
or tribal governments, either as the owner or operator of a source or 
as a regulator, or would impose or lead to the imposition of any 
mandate upon the private sector, EPA's action will impose no new 
requirements; such sources are already subject to these requirements 
under State law. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action. 
Therefore, EPA has determined that this final action does not include a 
mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.

[[Page 32341]]

Office of Management and Budget (OMB) review

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The OMB has exempted this regulatory action from 
Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Nonattainment areas.

    Dated: April 11, 1996.
Lynda F. Carroll,
Acting Regional Administrator.

    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)(61) to read 
as follows:


Sec. 52.1620  Identification of plan.

* * * * *
    (c) * * *
    (61) A revision to the New Mexico SIP to udpate the Supplement to 
the New Mexico State Implementation Plan to Control Air Pollution in 
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's 
approval for lifting the construction ban in Bernalillo County, 
superseding the supplement dated April 14, 1993.
    (i) Incorporation by reference.
    (A) October 12, 1994 Supplement to the New Mexico State 
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo 
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air Quality Control Board on November 9, 1994.

[FR Doc. 96-16023 Filed 6-21-96; 8:45 am]
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