[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81836-81838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33280]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0032; FRL-9613-3]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Albuquerque/Bernalillo County; Prevention of Significant 
Deterioration; Greenhouse Gas Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a revision to the Albuquerque/Bernalillo 
County, New Mexico State Implementation Plan (SIP) that was submitted 
by the Governor of New Mexico to EPA on December 15, 2010. This SIP 
revision modifies Albuquerque/Bernalillo County's Prevention of 
Significant Deterioration (PSD) program to establish appropriate 
emission thresholds for determining which new stationary sources and 
modification projects become subject to Albuquerque/Bernalillo County's 
PSD permitting requirements for their greenhouse gas (GHG) emissions. 
EPA is fully approving the Albuquerque/Bernalillo County, New Mexico 
December 15, 2010 PSD SIP revision because the Agency has determined 
that this PSD SIP revision is in accordance with section 110 and part C 
of the Federal Clean Air Act and EPA regulations regarding PSD 
permitting for GHGs.

DATES: This final rule will be effective January 30, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2011-0032. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information the disclosure of which is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials are 
available either electronically in http://www.regulations.gov or in 
hard copy 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. A 15 
cent per page fee will be charged for making photocopies of documents. 
On the day of the visit, please check in at the EPA Region 6 reception 
area on the seventh floor at 1445 Ross Avenue, Suite 700, Dallas, Texas 
75202-2733.
    The State submittal related to this SIP revision, and which is part 
of the EPA docket, is also available for public inspection at the Local 
Air Agency listed below during official business hours by appointment:
    Albuquerque Environmental Health Department, Suite 3023, 3rd floor, 
One Civic Plaza, 400 Marquette Avenue NW., Albuquerque, New Mexico 
87102.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning 
today's final rule, please contact Mr. Mike Miller (6PD-R), Air Permits 
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 1200, Dallas, TX 75202-2733. The telephone number is (214) 665-
7550. Mr. Miller can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. This supplementary 
information section is arranged as follows:

I. What is the background for this action?
II. What final action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background for this action?

    The background for EPA's national actions pertaining to GHG's as 
well as today's action is discussed in detail in our September 26, 2011 
proposal (76 FR 59334). The comment period was open for thirty days and 
no comments were received.

II. What final action is EPA taking?

    We are fully approving Albuquerque/Bernalillo County's December 15, 
2010, SIP submittal, relating to PSD requirements for GHG-emitting 
sources in Albuquerque/Bernalillo County. Specifically, the SIP 
revision establishes appropriate emissions thresholds for determining 
PSD applicability to new and modified GHG-emitting sources in 
accordance with EPA's Tailoring Rule. We are approving this SIP 
revision because it is in accordance with the Clean Air Act (CAA) and 
EPA regulations regarding PSD permitting for GHGs.
    As explained in our proposed approval of the Albuquerque/Bernalillo 
County December 15, 2010, SIP revision, 76 FR 59334 (September 26, 
2011), since we are approving Albuquerque/Bernalillo County's changes 
to its air quality regulations to incorporate the appropriate 
thresholds for GHG permitting applicability into its SIP, then 
paragraph (e) in Section 52.1634 of 40 CFR part 52, as included in 
EPA's SIP Narrowing Rule--which codifies EPA's limiting its approval of 
Albuquerque/Bernalillo County's PSD SIP to not cover the applicability 
of PSD to GHG-emitting sources below the Tailoring Rule thresholds--is 
no longer necessary. In today's action, we are also amending Section 
52.1634 of 40 CFR part 52 to remove this unnecessary regulatory 
language.

[[Page 81837]]

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 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 action 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. 
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 February 27, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purpose 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 52

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

    Dated: December 14, 2011.
Al Armendariz,
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

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2. The second table in Sec.  52.1620(c) entitled ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations'' is amended by revising 
the entry for ``Part 61 (20.11.61), Prevention of Significant 
Deterioration,'' to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *
* * * * *

                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
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                                                     State approval/
         State citation             Title/subject    effective date   EPA approval date        Explanation
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   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
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Part 61 (20.11.61).............  Prevention of            1/10/2011  12/29/11 [Insert    Only sections
                                  Significant                         FR page number      20.11.61.6,
                                  Deterioration.                      where document      20.11.61.7,
                                                                      begins].            20.11.61.11,
                                                                                          20.11.61.12,
                                                                                          20.11.61.20, and
                                                                                          20.11.61.27 of Part 61
                                                                                          are approved as of 12/
                                                                                          29/11. The remainder
                                                                                          of Part 61 remains
                                                                                          unchanged from EPA's
                                                                                          approval of April 26,
                                                                                          2007 (72 FR 20728).
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[[Page 81838]]

 
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Sec.  52.1634  [Amended]


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3. Section 52.1634 is amended by removing paragraphs (d) and (e).

[FR Doc. 2011-33280 Filed 12-28-11; 8:45 am]
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