[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 The ban was repealed by EPA approval effective May 16, 1994, and appearing in the March 16, 1994 Federal Register.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] BILLING CODE 6560-50-P