[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30900-30902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12497]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0154; FRL-9672-7]


Approval and Promulgation of Implementation Plans; New Mexico; 
Albuquerque/Bernalillo County; Fees for Permits and Administrative 
Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions which repeal and replace existing 
rules, and revisions to the applicable State Implementation Plan (SIP) 
for New Mexico Albuquerque/Bernalillo County, which relate to fee 
requirement regulations. The repeal and replace and SIP revisions 
approved today will address Clean Air Act (the Act or CAA) requirements 
related to fees for, in part, reviewing and acting on specific permit 
applications received by the City of Albuquerque/Bernalillo County 
Environmental Health Department (EHD or Department); fees to partially 
offset the administrative cost of permit-related administrative 
hearings; funding for small business stationary sources; and fees to 
cover administrative expenses incurred by the Department in 
implementing the New Mexico Air Quality Control Act, the joint Air 
Quality Control Board (AQCB) ordinances, and the Albuquerque/Bernalillo 
County AQCB regulations of the New Mexico Statutes Annotated (NMSA) 
1978. EPA finds that these rules and revisions comply with applicable 
provisions of the CAA and is approving them into the SIP. This action 
is being taken under section 110 of the Act.

DATES: This final rule is effective on June 25, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2007-0154. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 through http://www.regulations.gov or in hard copy at 
the Air Permits Section (6PD-R), 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 Freedom 
of Information Act 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 New Mexico submittals are also available for public inspection 
at the County Air Agency listed below during official business hours by 
appointment: Air Quality Division, Environmental Health Department, 3rd 
Floor, Suite 3023, One Civic Plaza NW., Albuquerque, New Mexico.

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Mohr, Air Permits Section 
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7289; fax 
number (214) 665-6762; email address [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 today's action is discussed in detail in our 
November 4, 2011, proposal (76 FR 68385). In that notice, we proposed 
to approve four submittals from the State of New Mexico that apply in 
Bernalillo County, pursuant to the CAA, that address the fee 
requirements specified in the CAA section 110(a)(2). Specifically, the 
SIP revisions address section 110(a)(2) Clean Air Act (the Act or CAA) 
requirements related to fees for, in part, reviewing and acting on 
specific permit applications received by the City of Albuquerque/
Bernalillo County Environmental Health Department (EHD or Department); 
fees to partially offset the administrative cost of permit-related 
administrative hearings; funding for small business stationary sources; 
and fees to cover administrative expenses incurred by the Department in 
implementing the New Mexico Air Quality Control Act, the joint Air 
Quality Control Board (AQCB) ordinances, and the Albuquerque/Bernalillo 
County AQCB regulations of the New Mexico Statutes Annotated (NMSA) 
1978. New Mexico's SIP submittals are dated May 24, 2011, September 7, 
2004, February 2, 2007, and December 15, 2010.
    Our November 4, 2011, proposal provides a detailed description of 
the submittals and the rationale for EPA's proposed actions, together 
with a discussion of the opportunity to comment. The public comment 
period for these actions closed on December 5,

[[Page 30901]]

2011, and we did not receive any comments.

II. What final action is EPA taking?

    We are fully approving the New Mexico SIP revisions submitted on 
May 24, 2011, September 7, 2004, February 2, 2007, and December 15, 
2010, relating to permitting fees to cover the cost of reviewing, 
approving, implementing, and enforcing a permit. This action is being 
taken under section 110 of the CAA.

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 July 23, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 3, 2012.
Samuel Coleman,
Acting 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
1. The second table in Sec.  52.1620(c) entitled ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations'' is amended as follows:
0
a. Removing the heading ``Albuquerque/Bernalillo County, Air Quality 
Control Regulations'' and removing the entry for Section 21, Permit 
Fees; and
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b. Adding a new entry for Part 2 (20.11.2 NMAC) in numerical order by 
part number to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

EPA Approved Albuquerque/Bernalillo County, NM Regulations

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                                                           State
         State citation             Title/subject        approval/     EPA approval date        Explanation
                                                      effective date
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                                                  * * * * * * *
Part 2 (20.11.2 NMAC)..........  Fees...............       1/10/2011  5/24/2012 [Insert   NOT in SIP: references
                                                                       FR page number      to Operating Permits
                                                                       where document      (20.11.42 NMAC) in
                                                                       begins].            subsection (A) of
                                                                                           20.11.2.2, subsection
                                                                                           (B) of 20.11.2.11,
                                                                                           subsection (B) of
                                                                                           20.11.2.12,
                                                                                           subsections (A) and
                                                                                           (B) of 20.11.2.13,
                                                                                           and subsection (B) of
                                                                                           20.11.2.21.
 
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[[Page 30902]]

[FR Doc. 2012-12497 Filed 5-23-12; 8:45 a.m.]
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