[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Rules and Regulations]
[Pages 60032-60034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[NM003; AD-FRL-5654-8]


Clean Air Act Final Full Approval of Operating Permits Program; 
the State of New Mexico and Albuquerque/Bernalillo County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is promulgating full approval of the Operating Permits 
program submitted by the New Mexico Environment Department (NMED) under 
the signature of the Governor, and separately by the City of 
Albuquerque/Bernalillo County (the City), for the purpose of complying 
with Federal requirements for approvable State and local programs to 
issue operating permits to all major stationary sources, and to certain 
other sources with the exception of Indian Lands.

DATES: This action is effective on January 27, 1997, unless adverse or 
critical comments are received by December 26, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Copies of the submittals and other supporting information 
used in developing the final full approval are available for inspection 
during normal business hours at the following locations. Interested 
persons wanting to examine these documents should make an appointment 
with the appropriate office at least 24 hours before visiting day.
    Environmental Protection Agency, Region 6, Air Programs Branch 
(6PD-R), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
    New Mexico Environment Department, Harold Runnels Building, room 
So. 2100, 1190 St. Francis Drive, Santa Fe, New Mexico 87503.
    City of Albuquerque/Bernalillo County, Environmental Health 
Department, One Civic Plaza, NW., room 3023, Albuquerque, New Mexico 
87103.

FOR FURTHER INFORMATION CONTACT: Wm. Nicholas Stone, Air Permits 
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, suite 700, Dallas, Texas 75202-2733, telephone 214-665-7226.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Introduction

    Title V of the 1990 Clean Air Act Amendments (sections 501-507 of 
the Clean Air Act (the Act)), and implementing regulations at 40 Code 
of Federal Regulations (CFR) part 70 required that States develop and 
submit Operating Permits programs to EPA by November 15, 1993, and that 
EPA act to approve or disapprove each program within one year after 
receiving the submittal. The EPA's program review occurs pursuant to 
section 502 of the Act and the part 70 regulations, which together 
outline criteria for approval and disapproval. Where a program 
substantially, but not fully, meets the requirements of part 70, EPA 
may grant the program interim approval for a period of up to two years. 
If EPA has not fully approved a program by two years after the November 
15, 1993, date, or by the end of an interim program, it must establish 
and implement a Federal program.
    On May 19, 1994, EPA proposed interim approval of the Operating 
Permits program for the State of New Mexico, (See 59 FR 26158 (May 19, 
1994)). The EPA received public comment on the proposal and compiled a 
final Technical Support Document (TSD) responding to those comments and 
briefly describing and clarifying aspects of the Operating Permits 
program. The EPA granted final interim approval to the New Mexico 
program on December 19, 1994. This final interim approval, published 
November 18, 1994, required the State to correct the statutory defect 
in criminal fine authority.
    On January 10, 1995, EPA proposed interim approval of the Operating 
Permits program for the City (See 60 FR 2570 (January 10, 1995)). The 
EPA received public comment on the proposal and compiled a final TSD

[[Page 60033]]

responding to those comments and briefly describing and clarifying 
aspects of the Operating Permits program. The EPA granted final interim 
approval to the City with an informational notice in the Federal 
Register dated March 10, 1995. The effective date of the final interim 
approval was March 13, 1995. The final interim approval notice (60 FR 
2527) required a statutory revision in criminal fine authority by the 
State and revisions to the City Joint Air Quality Control Board 
Ordinance and the County Joint AQC Board Ordinance consistent with the 
State revision.
    The State submitted corrections to the Operating Permits program in 
two letters from the Governor, dated May 15, 1995, and July 3, 1995. A 
third letter from the Secretary of the NMED, dated July 31, 1996, was 
submitted to clarify these corrections. These changes fulfill the 
requirements of 40 CFR part 70 for the State to receive full approval 
of its Operating Permits program. This corrective action was cited by 
the Albuquerque/Bernalillo County program in a letter dated June 4, 
1996, requesting EPA to complete final approval of the corrected City 
program. In this document, EPA is taking final action to promulgate 
full approval of the Operating Permits program for the State of New 
Mexico and the City of Albuquerque/Bernalillo County.

II. Final Action and Implications

A. Analysis of State Submission

    The State of New Mexico submitted to EPA, under a cover letter from 
the Governor dated November 15, 1993, the State's Operating Permits 
program. The City of Albuquerque/Bernalillo County submitted their 
final Operating Permits program to EPA on April 4, 1994. Both programs 
have addressed the interim approval issue regarding statutory fine 
authority and requested full approval of the corrected programs. These 
submittals have adequately addressed all 16 elements required for full 
approval as discussed in part 70. The State of New Mexico and the City 
appropriately addressed all requirements necessary to receive full 
approval of their Operating Permits program pursuant to title V of the 
Act and 40 CFR part 70.
    The final interim approval for both programs (59 FR 59656 and 60 FR 
2527) required the State to correct the statutory defect in criminal 
fine authority, and for the City to amend the ordinances to be 
consistent with the State revision, in order to receive full approval. 
In addition to raising the criminal fine amounts to at least $10,000 
for all offenses listed in 40 CFR 70.11(a)(3)(ii), statutory revisions 
must provide authority for the imposition of those fines on a per day 
per violation basis, as required by 40 CFR 70.11(a)(3)(ii). Evidence of 
these statutory revisions and their procedurally correct adoption were 
submitted to EPA under the Governor's signature in a letter dated May 
15, 1995. This amendment to the State statute corrects the defect noted 
in both interim approvals.
    The State of New Mexico also submitted a list of insignificant 
activities under the Governor's signature in a letter dated July 3, 
1995. The State made this revision based on the requirement that the 
Administrator approve any list of insignificant activities. This action 
will approve the list of insignificant activities into the approved 
program.

B. Options for Approval

    The EPA is promulgating full approval of the Operating Permits 
program submitted by the State on November 15, 1993, and amended on May 
15, 1995, and again on July 3, 1995. Further, EPA is promulgating full 
approval of the Operating Permits program submitted by the City on 
April 4, 1994, and amended with the changes to the State statute cited 
in the letter dated June 4, 1996. These amendments were incorporated 
into the City ordinances on July 3, 1996. The amendments to the program 
noted above satisfy the full approval requirements set forth in the 
final interim approval published November 18, 1994, for the State of 
New Mexico and on January 10, 1995, for the City of Albuquerque/
Bernalillo County.
    The EPA is publishing this action without prior proposal because 
the Agency 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 these Operating 
Permits programs should adverse or critical comments be filed. This 
action will be effective January 27, 1997 unless, by December 26, 1996, 
adverse or critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent action that will withdraw 
the final action. All public comments received will 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, the public is advised that this 
action will be effective January 27, 1997.

III. Administrative Requirements

A. Docket

    Copies of the State's submittal and other information relied upon 
for the final full approval, including the submission under the 
Governor's signature, are contained in docket number FR Docket OPP 4-9-
2 and FR Docket OPP 5-9-2, maintained at EPA Region 6 Office. Copies of 
the City's submittal and other information relied upon for the final 
full approval are contained in docket number FR Docket OPP 5-9-2, 
maintained at EPA Region 6 Office. These dockets are an organized and 
complete file of all the information submitted to, or otherwise 
considered by, EPA in the development of these final full approvals. 
These dockets are available for public inspection at the location 
listed under the ADDRESSES section of this document.

B. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866 review.

C. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate; or to the private sector, of $100 
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated today 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to State, local, or tribal governments, or to the private sector, 
result from this action.

[[Page 60034]]

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 27, 1997. 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).

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: November 12, 1996.
Lynda F. Carroll,
Acting Regional Administrator (6RA).

    40 CFR part 70 is amended as follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. In appendix A to part 70 the entry for ``New Mexico'' is amended 
by adding paragraphs (c) and (d) to read as follows:

Appendix A to Part 70--Approval status of State and Local Operating 
Permits Programs

* * * * *
    New Mexico
* * * * *
    (c) The New Mexico Environment Department, Air Pollution Control 
Bureau submitted an operating permits program on November 15, 1993, 
which was revised July 31, 1996, and became effective on December 26, 
1996.
    (d) The City of Albuquerque, Environmental Health Department, 
submitted an operating permits program on April 4, 1994, which was 
revised July 31, 1996, and became effective on December 26, 1996.
* * * * *
[FR Doc. 96-30159 Filed 11-25-96; 8:45 am]
BILLING CODE 6560-50-F