[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Rules and Regulations]
[Pages 19702-19708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-NM-0001; FRL-7897-6]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Albuquerque/Bernalillo County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Governor of New Mexico on September 7, 2004. The 
submittal revises the second ten-year carbon monoxide (CO) maintenance 
plan for the Albuquerque/Bernalillo County, New Mexico area. The 
submittal also revises the relevant parts of the New Mexico 
Administrative Code (NMAC) including revisions to the General 
Provisions, Inspection and Maintenance (I&M) Program, and the 
contingency measures. We are approving these revisions in accordance 
with the requirements of the Federal Clean Air Act (the Act).

DATES: This rule is effective on June 13, 2005 without further notice, 
unless EPA receives relevant adverse comment by May 16, 2005. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R06-OAR-2005-NM-0001, by one of the following 
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/ Regional Material in 
EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select ``Air'' 
before submitting comments.
    E-mail: Mr. Thomas Diggs at [email protected]. Please also cc 
the person listed in the FOR FURTHER INFORMATION CONTACT section below.
    Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax 
number 214-665-7263.
    Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID No. R06-OAR-2005-NM-0001. The EPA's policy is that all 
comments received will be included in the public file without change, 
and may be made available online at http://docket.epa.gov/rmepub/, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information the disclosure of which is restricted by 
statute. Do not submit information through Regional Material in EDocket 
(RME), regulations.gov, or e-mail if you believe that it is CBI or 
otherwise protected from disclosure. The EPA RME Web site and the 
Federal regulations.gov are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the 
comment that is placed in the public file and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form

[[Page 19703]]

of encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. 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 publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in the official file which is 
available at the Air Planning Section (6PD-L), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. 
weekdays except for legal holidays. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 
(214) 665-7253 to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. There 
will be a 15 cent per page fee for making photocopies of documents. On 
the day of the visit, please check in at the EPA Region 6 reception 
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    The City of Albuquerque, Environmental Health Department, One Civic 
Plaza, Albuquerque, NM 87102.

FOR FURTHER INFORMATION CONTACT: Alan Shar, Air Planning Section (6PD-
L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone 
(214) 665-6691, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Evaluation of New Mexico's Submittal
    A. Elements of a Limited Maintenance Plan
    B. Control Measures in the Limited Maintenance Plan
    C. Part 20.11.1 NMAC, General Provisions
    D. Part 20.11.100 NMAC, Motor Vehicle Inspection--Decentralized
    E. Part 20.11.102 NMAC, Oxygenated Fuels
III. Final Action
IV. Statutory and Executive Order Reviews

    Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA.

I. Background

    Under the 1990 Clean Air Act Amendments, the Albuquerque/ 
Bernalillo County area was classified as a moderate nonattainment area 
for CO. On November 5, 1992, the State of New Mexico submitted for EPA 
approval a revision to the SIP to address the CO pollution in the 
Albuquerque/Bernalillo County area. Different aspects of this SIP 
revision were approved at different times by EPA, with the entire plan 
being approved by the end of 1995 (see 58 FR 62535, 58 FR 67326, 59 FR 
23167 and 60 FR 52641).
    On April 14, 1995, New Mexico submitted a request that the 
Albuquerque/Bernalillo County nonattainment area be redesignated to 
attainment for CO. Along with this request, the state submitted a 
maintenance plan which demonstrated that the area was expected to stay 
in attainment of the CO National Ambient Air Quality Standards (NAAQS) 
for the initial maintenance period of 1996-2006. Included in the 
maintenance plan was a commitment to update the plan for a subsequent 
ten-year period (2006-2016) no later than eight years after 
redesignation to attainment by EPA. The redesignation request and 
maintenance plan were approved by EPA on June 13, 1996 (61 FR 29970). 
Subsequent revisions to the maintenance plan were submitted by New 
Mexico and ultimately approved by EPA (see 61 FR 48404, 65 FR 33455 and 
68 FR 58276).
    Section 175A(b) of the Act as amended in 1990 requires the state to 
submit a subsequent maintenance plan covering a second ten-year period 
to EPA eight years after designation to attainment. To fulfill this 
requirement of the Act, and in response to a commitment in the current 
maintenance plan for the Albuquerque/Bernalillo County area, the 
Governor of New Mexico submitted the second ten-year update of the CO 
maintenance plan to EPA on September 7, 2004. See section II of this 
document for our evaluation of the CO maintenance plan.
    On December 30, 2004 (69 FR 78312), we published the recodification 
and renumbering of the NMAC for the Albuquerque/Bernalillo County.
    Today, we are approving, as a part of the SIP, the second ten-year 
carbon monoxide (CO) maintenance plan for the Albuquerque/Bernalillo 
County, New Mexico area. In addition, we are approving the relevant 
parts of the NMAC for the Albuquerque/Bernalillo County area that 
further support the second ten-year maintenance plan for CO within that 
area. Specifically, we are approving revisions to title 20, chapter 11, 
parts 1 (General Provisions) ``Definitions,'' ``Resolutions,'' and 
``Interpretation,'' 100 (Motor Vehicle Inspection-Decentralized), and 
102 (Oxygenated Fuels) of the NMAC. Our Technical Support Document 
(TSD) prepared in conjunction with this SIP revision contains detailed 
information concerning our evaluation of each one of these parts.

II. Evaluation of New Mexico's Submittal

    On September 7, 2004, the State of New Mexico submitted a revision 
to the SIP for Bernalillo County. This revision provides the second 10-
year update to the maintenance plan for the area, as required by the 
section 175A(b) of the Act. The purpose of this plan is to ensure 
continued maintenance of the NAAQS for carbon monoxide in Bernalillo 
County by demonstrating that future emissions of this criteria 
pollutant are expected to remain at or below emission levels necessary 
for continued attainment of the CO NAAQS.
    Since there are few specific content requirements defined in 
section 175A of the Act for maintenance plans, EPA has exercised its 
discretion in determining the required content and has a Limited 
Maintenance Plan policy in effect for areas that can demonstrate 
consistent air quality at or below 85% of the NAAQS for carbon 
monoxide. Other criteria for the Limited Maintenance Plan approach are 
detailed in the EPA guidance memorandum, ``Limited Maintenance Plan 
Option for Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, 
Office of Air Quality Planning and Standards, dated October 6, 1995. 
The Albuquerque/Bernalillo County area has opted to develop a Limited 
Maintenance Plan to fulfill the second ten-year maintenance period 
required by the Act.
    Pursuant to this approach, EPA will consider the maintenance 
demonstration satisfied if the monitoring data show the 8-hour CO 
design value is at or below 7.65 parts per million (ppm), or 85% of the 
8-hour CO NAAQS of 9 ppm. In addition, the 1-hour CO design value must 
be at or below 29.75 ppm, or 85% of the 1-hour CO NAAQS of 35 ppm. The 
EPA believes that if the area begins the maintenance period at or below 
85% of the applicable NAAQS, the continuing applicability of PSD and 
other Federal measures along with the existing control measures already 
adopted should provide adequate assurance of maintenance of the NAAQS 
over the ten-year period. The last monitored violation of the CO NAAQS 
in Bernalillo County occurred in December of 1991 and monitored CO 
levels have been steadily in decline ever since. For this submission, 
the state provided data

[[Page 19704]]

showing monitored CO values from 1994-2003, reflecting 2003 design 
values of 3.9 ppm and 9.6 ppm of the 8-hour and 1-hour CO standards, 
respectively. These values, well below the 85% threshold, render the 
Albuquerque/Bernalillo County maintenance area eligible for the Limited 
Maintenance Plan option.

A. Elements of a Limited Maintenance Plan

    A Limited Maintenance Plan consists of several core provisions per 
the Limited Maintenance Plan Guidance memo: an attainment inventory, a 
demonstration of maintenance of the CO NAAQS, operation of a monitoring 
network, a provision for contingency measures, a discussion of the 
approach necessary to meet conformity requirements, and a commitment to 
develop a full maintenance plan upon violation of the NAAQS.
    Emission inventories contain estimates of how much CO is produced 
by all categories in the maintenance area on an annual basis: on-road 
mobile sources, off-road mobile sources, area sources and stationary 
sources. As part of the currently approved maintenance plan, Bernalillo 
County has produced Periodic Emissions Inventories (PEIs) for CO every 
three years, and approved PEIs exist for 1993, 1996, and 1999. The 2002 
PEI is currently under review but is not required for approval of a 
limited maintenance plan. These emission inventories establish the 
baseline amount of emissions, which is the amount of CO in tons per day 
under which an area's emissions must remain in order to not exceed the 
NAAQS for CO. The submitted attainment year inventory was developed 
from the previous 1993 CO attainment inventory. Since 1993 was a year 
in which Bernalillo County did not violate the CO NAAQS, this inventory 
remains applicable as the baseline CO inventory. The attainment 
inventory was developed following EPA guidance, and therefore is 
approvable for the Limited Maintenance Plan. Under the Limited 
Maintenance Plan option a cap on total emissions is not needed during 
the maintenance period (2006-2016). However, the State provided the 
draft 2002 PEI estimates for informational purposes with this SIP 
revision. The estimates from the table below are from the 2002 PEI 
still under review. Although we do not expect major changes, some fine-
tuning and revision of emissions estimates may occur.

             Table I.--CO Emissions by Source Category, 2002
------------------------------------------------------------------------
                                                                Tons per
                       Source category                         day (tpd)
------------------------------------------------------------------------
On-road Mobile...............................................     364.14
Off-road Mobile..............................................      34.45
Area.........................................................      71.51
Stationary...................................................       3.24
                                                              ----------
    Total....................................................     473.34
------------------------------------------------------------------------

    The State has chosen to demonstrate maintenance of the NAAQS by 
continued monitoring of the air quality in Bernalillo County. To 
qualify for the Limited Maintenance Plan option, the design value for 
each monitor must be at or below 85% of the 8-hour and 1-hour CO NAAQS. 
The values corresponding to this 85% threshold are 7.65 ppm for the 8-
hour CO standard and 29.75 ppm for the 1-hour CO NAAQS. The 2003 design 
values for Bernalillo County are 3.9 ppm and 9.6 ppm for the 8-hour and 
1-hour standards, respectively. Thus, the design value for the 8-hour 
standard is less than 44% of the CO NAAQS and the design value for the 
1-hour standard is less than 28% of the CO NAAQS. The EPA believes that 
if an area begins the maintenance period at or below the 85% threshold, 
it is unreasonable to expect that so much growth will occur during the 
ten-year maintenance period to cause a violation of the NAAQS. 
Therefore, we find that the State demonstrates continued maintenance of 
the standard.
    The Plan includes a commitment to maintain operation of the 
existing EPA-approved air quality monitoring network in accordance with 
40 CFR part 58. The Environmental Health Department of the City of 
Albuquerque will continue to monitor CO through the end of the second 
ten-year maintenance period to ensure the CO level remains below 85% of 
the NAAQS. This data will be reported to EPA annually.
    Section 175A of the Act requires that a maintenance plan include 
contingency provisions to promptly correct any violation of the NAAQS 
that occurs after redesignation of the area to attainment. Contingency 
measures are specific control strategies that will be activated if they 
are triggered by a predefined event. Under the current EPA-approved 
plan, two contingency measures were incorporated: an annual Inspection 
and Maintenance Program versus the current biennial program and an 
increase in the oxygenate content in fuels from 2.7% to 3%. The current 
EPA-approved plan's trigger for these contingency measures is a 
monitored CO violation. There have been no violations at any monitor 
since the area was redesignated to attainment in 1996, thus these 
contingency measures have never been triggered.
    With this submission, the State is revising the contingency 
measures and trigger for Bernalillo County. The contingency requirement 
to implement an annual Inspection and Maintenance Program is being 
eliminated. The contingency requirement to increase the oxygenate 
concentration in fuels from 2.7% to 3%, by weight, will remain in 
place. Instead of the contingency trigger being a monitored CO 
violation, it will be triggered if an air quality monitor indicates 
that the 85% CO NAAQS threshold has been exceeded. This oxygenated fuel 
contingency measure will be implemented no later than November 1st 
following activation of the contingency trigger. The State rule 
(20.11.102 NMAC) has been updated to reflect this change to the 
contingency trigger. We believe that the new stricter trigger and one 
control measure are as protective as the previously-approved trigger 
and two control measures. Therefore, the revised contingency measures 
plan is being approved.
    Finally, in the event that a violation of the CO NAAQS occurs, the 
State has committed to development and submission of a full maintenance 
plan within 12 months of EPA certification of the monitored violation. 
This plan would supercede the Limited Maintenance Plan. [Note that the 
State submittal reflects on p.15 an 18-month time frame for submittal 
of a full maintenance plan following a violation of the NAAQS. However, 
elsewhere in the State submittal (see p. 13), the 12-month commitment 
is stated.] The EPA was informed by the State that the 18-month time 
frame is a typographical error and therefore we are approving the 
State's commitment to submit a full maintenance plan within 12 months 
of EPA certification of the monitored violation.
    Section 176(c) of the Act defines conformity as actions that do not 
interfere with the SIP's purpose of eliminating or reducing the 
severity and number of NAAQS violations. It also says that actions 
cannot cause or contribute to any new violation or delay attainment or 
any milestones. In most nonattainment and maintenance areas this is 
shown by regional emissions analyses that demonstrate that estimated 
emissions from the proposed project(s) are expected to be below a 
defined emissions budget contained in the State's SIP, or by an interim 
emissions test prior to availability of emissions budgets. However, in 
areas with adequate or approved Limited Maintenance Plans, emissions 
budgets

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are treated as essentially not constraining for the length of the 
maintenance plan as long as the area continues to meet the Limited 
Maintenance Plan criteria. The EPA believes there is no reason to 
expect that these areas will experience so much growth that a violation 
of the CO NAAQS would result. Therefore, for areas meeting the Limited 
Maintenance Plan criteria, all Federal actions that require conformity 
determinations are considered to have satisfied the regional emissions 
analysis requirement of the conformity regulations. Since these areas 
are still maintenance areas; however, other aspects of the 
transportation conformity regulations still apply. Specifically, such 
areas must demonstrate that the metropolitan transportation plans and 
transportation improvement programs are fiscally constrained (40 CFR 
part 108) and that any Transportation Control Measures in the SIP are 
being implemented according to the conformity rule (40 CFR 93.113). 
Additionally, for most transportation projects in limited maintenance 
areas, a CO ``hot spot'' analysis will still be required, incorporating 
the latest planning assumptions and using the latest available EPA-
approved emissions model.

B. Control Measures in the Limited Maintenance Plan

    The CO control program for Bernalillo County is comprised of both 
Federal and local measures. The current maintenance plan for the area 
includes several control strategies that will remain in place for the 
duration of the second ten-year maintenance period of 2006-2016. The 
Federal strategies expected are continued implementation of the Tier 2 
motor vehicle emission standards along with the requirement for reduced 
sulfur in gasoline, which became effective on February 10, 2000 (65 FR 
6697). Additionally, EPA's newly approved non-road rule (69 FR 38957; 
June 29, 2004) will regulate non-road diesel engines and diesel fuel. 
This rule incorporates new emission standards, based on advanced 
emission control devices, for non-road diesel engines and will result 
in significant reductions in several criteria pollutants, including CO. 
As newer vehicles gradually replace older ones in the fleet, these 
control programs will result in lowered CO emissions in the 
Albuquerque/Bernalillo County area and elsewhere.
    Local control strategies remaining in place for the duration of the 
second ten-year maintenance plan include an I&M Program, Oxygenated 
Fuels Program, Woodburning Control Program, and the Prevention of 
Significant Deterioration Program (PSD). The I&M program has been in 
effect in Bernalillo County since 1989. The I&M SIP requires biennial 
emissions testing of 1975 and newer vehicles with a 2-speed idle test. 
For more information on the I&M SIP revision see section D of this 
document and our TSD. Today, we are approving revisions to the I&M SIP 
that, among other things, includes annual testing of 1975 through 1985 
vehicles. The annual testing of older vehicles is designed to reduce CO 
emissions from the on-road mobile sector by identifying high-emitting 
vehicles and requiring repair. Failure to do so, as with all failing 
vehicles, will result in vehicles not being issued a registration 
renewal. The biennial testing of 1986 and newer vehicles will continue. 
In addition, non-Bernalillo County vehicles used for commuting into 
Bernalillo County for sixty or more days per year will now be required 
to be tested. The combined annual/biennial program as described above 
with the revisions discussed below in section C, will remain in place 
for the duration of the second ten-year maintenance period (2006-2016).
    The Oxygenated Fuels Program aims to reduce vehicle emissions by 
providing for the use of oxygenated fuels. Various forms of this 
program have been in place during the Winter months (November 15 
through February) since 1988. The minimum oxygenate content of Winter 
fuels in Bernalillo County is 2.7% by weight, and this requirement will 
remain in effect for the duration of the second ten-year (2006-2016) 
maintenance period.
    Another local control strategy is the Woodburning Control Program, 
which initially began during the winter of 1988. Because poor air 
dispersion combined with high CO emissions from woodburning activities 
can contribute to elevated CO levels, the Environmental Health 
Department of the City of Albuquerque uses weather forecast information 
to declare ``no burn'' periods which restrict woodburning activity in 
Bernalillo County. This control program will remain in effect for the 
duration of the second ten-year maintenance period.
    The PSD program is a control program that has been approved into 
the Bernalillo County SIP for local implementation. This program has 
been in effect for CO since Bernalillo County was redesignated to 
attainment in 1996. Under this program, new stationary sources of CO 
are evaluated and are required to use the Best Available Control 
Technology (BACT) to control emissions. This program will continue as a 
control strategy during the second maintenance period of 2006-2016.
    Based on above evaluation, outlined in sections A and B, this SIP 
revision satisfies the requirements of the Act as amended in 1990 for 
the second ten-year update to the Albuquerque/Bernalillo County CO 
maintenance area.

C. Part 20.11.1 NMAC, General Provisions

    The title 20, chapter 11, part 1, General Provisions, was submitted 
to us for approval by the Governor of New Mexico, in a letter dated 
September 7, 2004, on behalf of the Albuquerque/Bernalillo County, 
Environmental Health Department. The proposed title 20, chapter 11, 
part 1, General Provisions, contains three sections titled 
``Resolution,'' ``Definitions,'' and ``Interpretation.'' The EPA 
initially approved Regulation 1 (Resolution) of the Albuquerque/
Bernalillo County, New Mexico on 04/10/1980 (45 FR 24468). See 40 CFR 
52.1620(c)(11). The EPA initially approved Regulation 2 (Definitions) 
on 04/10/1980 (45 FR 24468). Further revisions to Regulation 2 were 
later approved by EPA on 12/21/93 (54 FR 67330). See 40 CFR 
52.1620(c)(53). The EPA initially approved Regulation 26 
(Interpretation) on 02/23/1993 (58 FR 10972). See 40 CFR 52.1620 
(c)(49). The proposed revisions to ``Resolution,'' ``Definitions,'' and 
``Interpretation'' reflect the new format and renumbering of the NMAC. 
The proposed revisions also reflect renaming of ``Regulation'' to 
``Part.'' These changes are administrative in nature, and do not change 
the text of the SIP-approved rules. We published our approval of the 
recodification and renumbering of chapter 11 on December 30, 2004 (69 
FR 78312). Therefore, these revisions are being approved today. The 
proposed revisions may be found at: http://www.nmcpr.state.nm.us/nmac/_title20/T20C011.htm.

D. Part 20.11.100 NMAC, Motor Vehicle Inspection-Decentralized

    As a moderate nonattainment area for CO, the Albuquerque/Bernalillo 
County area was required to implement a basic vehicle I&M program. The 
latest version of the I&M SIP for this program was approved by EPA on 
June 13, 1996 (61 FR 29970), along with the area redesignation to 
attainment for CO. The program consists of a decentralized network of 
``test only'' and ``test and repair'' stations. One of the submitted 
revisions is that vehicles model years 1975-1985 are tested annually 
instead of biennially with a 2-speed idle test. Vehicles model years 
1986-1995 will

[[Page 19706]]

continue to be tested biennially with a 2-speed idle test. Vehicles 
model years 1996 and newer will be tested biennially consistent with 
the new On-board Diagnostic testing required by the Act. Revisions to 
this SIP also include adding a gas cap pressure test, and exempting the 
first four years for new vehicles from testing. Language clarification, 
minor format changes, and some innovative measures are also included. 
An example of an innovative measure is commuter vehicles which are more 
than four years old and are driven into Bernalillo County for 60 or 
more days per year are now subject to I&M testing. For further 
information about the changes to the program, see the TSD.
    The revisions made to the 20.11.100 NMAC, Motor Vehicle Inspection-
Decentralized for the Albuquerque/Bernalillo County area are consistent 
with the requirements of the Act, the Federal Inspection and 
Maintenance rules in 40 CFR 51 subpart S, do not weaken, but rather 
strengthen the existing federally approved SIP. Therefore, these 
revisions are being approved today.

E. Part 20.11.102 NMAC, Oxygenated Fuels

    The initial EPA-approved revision to the SIP concerning oxygenated 
fuels program for the Albuquerque/Bernalillo County utilizing ethanol 
was approved on November 29, 1993 (58 FR 62535). Various forms of this 
program have been in place during the Winter months (November 1 through 
February) since 1988. The current SIP revision requires a minimum 
oxygenate concentrate of Winter fuels of 2.7% by weight in the 
Albuquerque/Bernalillo County (November 1 through February).
    In a letter dated September 7, 2004, the Governor of New Mexico 
submitted a request to revise the current carbon monoxide maintenance 
plan for the Albuquerque/Bernalillo County area. This request, among 
others as described above, was to incorporate the revised regulation 
20.22.102 NMAC, Oxygenated Fuels, which only applies to the 
Albuquerque/Bernalillo County area. The Albuquerque/Bernalillo County 
Air Control Board adopted the amended regulation on July 14, 2004, 
after a public comment period and public hearing conducted on June 9, 
2004. The amended regulation became locally effective on September 1, 
2004.
    The SIP revision submitted provides minor grammatical and 
typographical changes to the current EPA-approved Oxygenated Fuels 
program. These changes are administrative in nature and are approvable. 
Therefore, we are approving the revisions to the Oxygenated Fuels 
Program into the SIP.
    As noted and previously discussed in section A, the State also 
submitted a request for the revision of the current contingency 
measures plan in the Albuquerque/Bernalillo County maintenance plan 
approved on June 13, 1996 (61 FR 29970). The oxygenated fuels' 
contingency measure functions in 2 phases.
    The first contingency measure phase, July 1, 1995 until June 13, 
2006, or when EPA has approved this SIP revision regarding the second 
half of the carbon monoxide maintenance plan for Bernalillo county, 
increases the oxygenate concentration in gasoline from 2.7% to 3.0%, by 
weight, for ethanol in the event the area exceeds the CO NAAQS. The 
increase in oxygenate concentration will occur beginning November 1 
immediately following the period of violation and will continue every 
subsequent winter pollution season. The winter pollution season lasts 
from November through February.
    The second contingency measure phase, June 13, 2006 until June 13, 
2016, or when EPA has approved this SIP revision regarding the second 
half of the CO maintenance plan for Albuquerque/Bernalillo County, 
whichever is sooner increases the oxygenate concentration in gasoline 
from 2.7% to 3.0%, by weight, for ethanol in the event the area exceeds 
85% of the CO NAAQS. The increase in oxygenate concentration will occur 
beginning November 1 immediately following the period in which the area 
exceeded 85% of the CO NAAQS and continues every subsequent winter 
pollution season.
    The EPA performed an analysis of the Albuquerque/ Bernalillo County 
Air Control Board's submission and determined that it meets the 
applicable requirements of the Act, and EPA's regulations, and is 
consistent with our policies. The implementation of the oxygenated 
fuels contingency measure triggered at 85% of the NAAQS for carbon 
monoxide will provide for the reduction in the probability of the area 
falling into nonattainment. Therefore, we are approving the revisions 
to the Oxygenated Fuels rule. Our TSD prepared in conjunction with 
today's action contains more information concerning this rulemaking.

III. Final Action

    The EPA is approving the aforementioned changes to New Mexico's 
Albuquerque/Bernalillo County SIP because the revisions are consistent 
with the Act and EPA regulatory requirements. The EPA is publishing 
this rule without prior proposal because the EPA views this as a non-
controversial submittal and anticipates no adverse comments. However, 
in the proposed rules section of this Federal Register publication, EPA 
is publishing a separate document that will serve as the proposal to 
approve the SIP revision should adverse comments be filed. This rule 
will be effective June 13, 2005 without further notice, unless EPA 
receives relevant adverse comment by May 16, 2005.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on June 13, 2005, and no 
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
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, as specified by Executive Order 13175

[[Page 19707]]

(65 FR 67249, November 9, 2000). This action also does not have 
Federalism implications because it does not have substantial direct 
effects 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, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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. 
section 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 June 13, 2005. 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 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: March 31, 2005.
Richard E. Greene,
Regional Administrator, Region 6.



    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.1620 is amended as follows:
0
a. In paragraph (c), in the second table entitled ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations,'' by revising the 
entries for parts 1, 100, and 102.
0
b. In paragraph (e), in the second table entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP'' by adding one new entry to the end of the table.


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
----------------------------------------------------------------------------------------------------------------
                         Albuquerque/Bernalillo County, Air Quality Control Regulations
----------------------------------------------------------------------------------------------------------------
 
                                                 * * * * * * *
   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
Part 1 (20.11.1 NMAC)..........  General Provisions.....        09/07/04  04/14/05 [Insert    ..................
                                                                           FR page where
                                                                           document begins].
 
                                                  * * * * * * *
Part 100 (20.11.100 NMAC)......  Motor Vehicle                  09/07/04  04/14/05 [Insert    ..................
                                  Inspection--Decentrali                   FR page where
                                  zed.                                     document begins].
Part 102 (20.11.102 NMAC)......  Oxygenated Fuels.......        09/07/04  04/14/05 [Insert    ..................
                                                                           FR page where
                                                                           document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 19708]]



            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision           geographic or     submittal date/  EPA approval date       Explanation
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Second 10-year maintenance plan    Bernalillo County..        09/07/04  04/14/05 [Insert FR  ...................
 (limited maintenance plan) for                                          page where
 Albuquerque/Bernalillo County.                                          document begins].
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.1627 is amended by designating the existing text as 
paragraph (a) and by adding paragraph (b) to read as follows:


Sec.  52.1627  Control strategy and regulations: Carbon monoxide.

* * * * *
    (b) Approval--The Albuquerque/Bernalillo County carbon monoxide 
limited maintenance plan revision dated September 7, 2004, meets the 
requirements of section 172 of the Clean Air Act, and is therefore 
approved.

[FR Doc. 05-7336 Filed 4-13-05; 8:45 am]
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