[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Rules and Regulations]
[Pages 58032-58035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22975]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0648; FRL-9728-7]


Approval and Promulgation of Implementation Plans; New Mexico; 
Albuquerque/Bernalillo County: Infrastructure and Interstate Transport 
Requirements for the 1997 and 2008 Ozone and the 1997 and 2006 PM2.5 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving submittals from the Governor of New Mexico 
for the City of Albuquerque/Bernalillo County area, pursuant to the 
Clean Air Act (CAA or the Act). These submittals address the 
infrastructure elements specified in the CAA necessary to implement, 
maintain, and enforce the 1997 and 2008 8-hour ozone and the 1997 and 
2006 fine particulate matter (PM2.5) national ambient air 
quality standards (NAAQS or standards). We find that the current 
Albuquerque/Bernalillo County State Implementation Plan (SIP) meets the 
infrastructure elements for the 1997 and 2008 8-hour ozone NAAQS and 
the 1997 and 2006 PM2.5 NAAQS. We also find that the current 
Albuquerque/Bernalillo County SIP meets the CAA requirement that 
emissions from sources in the area do not interfere with prevention of 
significant deterioration (PSD) measures required in the SIP of any 
other state, with regard to the 1997 and 2008 ozone and 1997 and 2006 
PM2.5 NAAQS. EPA is also approving SIP revisions that modify 
the PSD SIP to include nitrogen oxides (NOX) as an ozone 
precursor. EPA is approving revisions to the Albuquerque/Bernalillo 
County PSD SIP that identify the PM2.5 precursors and 
establish significant emission rates for said precursors, consistent 
with the federal requirements. We are also approving other revisions to 
the Albuquerque/Bernalillo County PSD SIP to maintain consistency with 
the federal PSD permitting requirements. In addition to these 
revisions, EPA is approving other revisions to the Albuquerque/
Bernalillo County SIP necessary to implement the NAAQS.

DATES: This final rule is effective on October 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2009-0648. All documents in the docket 
are listed in the www.regulations.gov index. Although listed in the 
index, some information is not publicly available, e.g., CBI or other 
information whose disclosure 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 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. There will be a fee of 
15 cents per page 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 during 
official business hours, by appointment, at the City of Albuquerque, 
Environmental Health Department--Air Quality Division, One Civic Plaza, 
Room 3047, Albuquerque, New Mexico 87103, telephone 505-768-1972, email 
address [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. John Walser, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7128; fax number 
214-665-6762; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
    a. Section 110(a)(1) and (2)

[[Page 58033]]

    b. PSD Requirements
    c. Additional SIP Revisions
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

a. Section 110(a)(1) and (2)

    The background for today's action is discussed in detail in our 
April 13, 2012 proposal (76 FR 22249). In that notice we proposed to 
approve submittals from Albuquerque/Bernalillo County that address the 
infrastructure elements specified in the CAA section 110(a)(2), 
necessary to implement, maintain, and enforce the 1997 and 2008 ozone 
and the 1997 and 2006 PM2.5 standards. Those submittals are 
dated May 24, 2006 and August 16, 2010. We proposed to find that the 
following section 110(a)(2) elements are contained in the current 
Albuquerque/Bernalillo County SIP and provide the infrastructure for 
implementing the 1997 and 2008 ozone and the 1997 and 2006 
PM2.5 standards: emission limits and other control measures 
(section 110(a)(2)(A)); ambient air quality monitoring/data system 
(section 110(a)(2)(B)); the program for enforcement of control measures 
(section 110(a)(2)(C)); international and interstate pollution 
abatement (section 110(a)(2)(D)(ii)); adequate resources (section 
110(a)(2)(E)); stationary source monitoring system (section 
110(a)(2)(F)); emergency power (section 110(a)(2)(G)); future SIP 
revisions (section 110(a)(2)(H)); consultation with government 
officials (section 110(a)(2)(J)); public notification (section 
110(a)(2)(J)); PSD and visibility protection (section 110(a)(2)(J)); 
air quality modeling/data (section 110(a)(2)(K)); permitting fees 
(section 110(a)(2)(L)); and consultation/participation by affected 
local entities (section 110(a)(2)(M)).
    In addition, we proposed to find that Albuquerque/Bernalillo County 
has adequately addressed one of the four required elements (or prongs) 
of CAA section 110(a)(2)(D)(i), the element which requires that the SIP 
prohibit air emissions from sources within a state from interfering 
with measures required to prevent significant deterioration of air 
quality in any other state. We are determining that emissions from 
sources in Albuquerque/Bernalillo County do not interfere with measures 
to prevent significant deterioration of air quality in any other state 
for the 1997 and 2008 ozone and the 1997 and 2006 PM2.5 
NAAQS (CAA section 110(a)(2)(D)(i)(II)).

b. PSD Requirements

    In conjunction with our proposed finding that the Albuquerque/
Bernalillo County SIP meets the section 110(a)(1) and (2) 
infrastructure and interstate transport SIP elements previously listed 
for the four NAAQS, we proposed to approve portions of two SIP 
revisions submitted by the Governor of New Mexico to EPA on May 24, 
2006 and August 16, 2010 to the Albuquerque PSD Permitting Program at 
20.11.61 NMAC. These revisions identify NOX as a precursor 
to ozone, identify the precursors for PM2.5 and the 
applicable significant emission rates for PM2.5 PSD 
permitting, and make other necessary updates to maintain consistency 
with the federal PSD permitting requirements at 40 CFR 51.166 and 40 
CFR Part 51, Appendix W. EPA believes that these PSD revisions, taken 
together with the PSD SIP and the interstate transport SIP, satisfies 
the PSD-related requirements of 110(a)(2)(C), 110(a)(2)(J), and the 
element of section 110(a)(2)(D)(i) which requires that the SIP prohibit 
air emissions from sources within a state from interfering with 
measures required to prevent significant deterioration of air quality 
in any other state.

c. Additional SIP Revisions

    EPA also proposed to approve a portion of a SIP revision submitted 
on November 6, 2009 revising the Albuquerque/Bernalillo County SIP for 
Ambient Air Quality Standards, codified at 20.11.8 NMAC (Part 8). The 
substantive revisions submitted to Part 8 revise the local ambient air 
quality standards to make them consistent with the current NAAQS.
    Our April 13, 2012 proposal provides a detailed description of all 
relevant 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 May 14, 2012, and we did not 
receive any adverse comments.

II. Final Action

    We are approving the submittals provided to demonstrate that the 
Albuquerque/Bernalillo County SIP meets the infrastructure elements for 
the 1997 and 2008 ozone and 1997 and 2006 PM2.5 NAAQS listed 
below:

    Emission limits and other control measures (110(a)(2)(A) of the 
Act);
    Ambient air quality monitoring/data system (110(a)(2)(B) of the 
Act);
    Program for enforcement of control measures (110(a)(2)(C) of the 
Act);
    Interstate transport, pursuant to section 110(a)(2)(D)(ii) of 
the Act;
    Adequate resources (110(a)(2)(E) of the Act);
    Stationary source monitoring system (110(a)(2)(F) of the Act);
    Emergency power (110(a)(2)(G) of the Act);
    Future SIP revisions (110(a)(2)(H) of the Act);
    Consultation with government officials (110(a)(2)(J) of the 
Act);
    Public notification (110(a)(2)(J) of the Act);
    Prevention of significant deterioration and visibility 
protection (110(a)(2)(J) of the Act);
    Air quality modeling data (110(a)(2)(K) of the Act);
    Permitting fees (110(a)(2)(L) of the Act); and
    Consultation/participation by affected local entities 
(110(a)(2)(M) of the Act).

    We are approving the portion of the Albuquerque/Bernalillo County 
SIP revision submittal that addresses the requirement of section 
110(a)(2)(D)(i)(II) of the Act that emissions from sources in 
Albuquerque/Bernalillo County do not interfere with measures required 
in the SIP of any other state under part C of the Act regarding PSD for 
the 1997 and 2008 8-hour ozone and 1997 and 2006 PM2.5 
NAAQS.
    We are approving Albuquerque/Bernalillo County PSD SIP provisions 
to 20.11.61 NMAC submitted May 24, 2006 and August 16, 2010. These SIP 
revisions address NOX as a precursor for ozone, consistent 
with EPA's November 29, 2005 Phase 2 rule for the 1997 ozone NAAQS (70 
FR 71612). These revisions also identify the precursors for 
PM2.5 and significant emission rates necessary for 
PM2.5 PSD permitting, consistent with EPA's 2008 
PM2.5 NSR rule for the 1997 and 2006 PM2.5 NAAQS 
(73 FR 28321, May 16, 2008). Additionally, the May 24, 2006 and August 
16, 2010 submittals make numerous other changes necessary to maintain 
consistency with the federal PSD permitting requirements. Specifically, 
we are approving revisions to 20.11.61.7, 20.11.61.28, and 20.11.61.29 
NMAC submitted on May 24, 2006. We are also approving revisions to 
20.11.61.1, 20.11.61.2, 20.11.61.7, 20.11.61.11, 20.11.61.12, 
20.11.61.14, 20.11.61.15, 20.11.61.16, 20.11.61.17, 20.11.61.18, 
20.11.61.19, 20.11.61.20, 20.11.61.21, 20.11.61.23, 20.11.61.24, 
20.11.61.25, 20.11.61.26, 20.11.61.27, 20.11.61.28, 20.11.61.29, 
20.11.61.30, and 20.11.61.31 NMAC submitted on August 16, 2010.
    We are also approving SIP revisions from November 6, 2009 
pertaining to updating Part 8 Ambient Air Quality Standards (20.11.8 
NMAC). EPA is approving these revisions pursuant to section 110 of the 
CAA. These revisions improve the Albuquerque/Bernalillo County SIP and 
update 20.11.8 NMAC to add new standards and revise existing NAAQS in 
20.11.8 NMAC to be consistent with 40 CFR Part 50--National Primary and 
Secondary Ambient Air Quality Standards.

[[Page 58034]]

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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 CAA. 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 CAA; 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 19, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 5, 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
2. Amend Sec.  52.1620 by:
0
a. Amending the second table in paragraph (c) entitled ``EPA-Approved 
Albuquerque/Bernalillo County, NM Regulations'' as follows:
0
i. Revising the entry for Part 8 (20.11.8 NMAC) under the heading ``New 
Mexico Administrative Code (NMAC) Title 20--Environment Protection, 
Chapter 11--Albuquerque/Bernalillo County Air Quality Control Board''; 
and
0
ii. Revising the entry for Part 61 (20.11.61 NMAC) under the heading 
``New Mexico Administrative Code (NMAC) Title 20--Environment 
Protection, Chapter 11--Albuquerque/Bernalillo County Air Quality 
Control Board''.
0
b. Amending the second table in paragraph (e) entitled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP'' by adding a new entry for ``Infrastructure and Interstate 
Transport for the 1997 and 2008 Ozone and the 1997 and 2006 
PM2.5 NAAQS'' at the end of the table.
    The additions and revisions 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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   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Part 8 (20.11.8 NMAC).........  Ambient Air Quality          8/12/2009  8/19/2012, [Insert FR
                                 Standards.                              page number where
                                                                         document begins].
 

[[Page 58035]]

 
                                                  * * * * * * *
Part 61 (20.11.61 NMAC).......  Prevention of                1/10/2011  8/19/2012, [Insert FR
                                 Significant                             page number where
                                 Deterioration.                          document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

     (e) * * *
* * * * *

            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                    Applicable
                                  geographic or         State
     Name of SIP provision        nonattainment       submittal/      EPA approval date         Explanation
                                       area         effective date
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                                                  * * * * * * *
Infrastructure and Interstate   Bernalillo County       8/16/2010   8/19/2012, [Insert FR  Approval for
 Transport regarding                                                 page number where      110(a)(2)(A), (B),
 noninterference with other                                          document begins].      (C), (D)(i)(II),
 states' programs for PSD for                                                               (D)(ii), (E), (F),
 the 1997 and 2008 Ozone and                                                                (G), (H), (J), (K),
 the 1997 and 2006 PM2.5 NAAQS.                                                             (L), and (M).
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0
3. Amend Sec.  52.1634 by revising paragraph (c) to read as follows:


Sec.  52.1634  Significant deterioration of air quality.

* * * * *
    (c) The plan submitted by the Governor in paragraph (a) of this 
section for Prevention of Significant Deterioration is not applicable 
to Bernalillo County. Therefore, the following plan described below is 
applicable to sources located within the boundaries of Bernalillo 
County (including the City of Albuquerque). This plan, submitted by the 
Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, 
May 17, 1993, May 24, 2006, August 16, 2010, and December 15, 2010 and 
respectively adopted on March 8, 1989, July 12, 1989, April 11, 1990, 
February 10, 1993, December 22, 2005, April 13, 2006, July 28, 2010, 
and December 10, 2010, by the Albuquerque/Bernalillo County Air Quality 
Control Board, containing Part 61--Prevention of Significant 
Deterioration is approved as meeting the requirements of part C of the 
Clean Air Act for the prevention of significant deterioration of air 
quality.

[FR Doc. 2012-22975 Filed 9-18-12; 8:45 am]
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