[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26189-26191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10481]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0636; FRL-9927-24-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Albuquerque/Bernalillo County; Revisions to Emissions 
Inventory Requirements, and General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving under 
the Federal Clean Air Act (CAA) revisions to the Albuquerque/Bernalillo 
County, New Mexico State Implementation Plan (SIP). These revisions add 
definitions and clarifying changes to the general provisions and add a 
new emissions inventory regulation that establishes reporting 
requirements for stationary sources in Albuquerque/Bernalillo County.

DATES: This rule is effective on June 8, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2008-0636. 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 
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning 
Section, telephone (214) 665-7128, email: [email protected].

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

I. Background

    The background for today's action is discussed in detail in our 
February 2, 2015 direct final rule and proposal (80 FR 5471). The rule 
and proposal stated that if any relevant adverse comments were received 
by the end of the public comment period on March 4, 2015, the direct 
final rule would be withdrawn and we would respond to the comments in a 
subsequent final action. A relevant adverse comment was received during 
the comment period, and the direct final rule was withdrawn on March 
26, 2015 (80 FR 15901). Our February 2, 2015 proposal provides the 
basis for today's final action. The SIP revisions proposed for approval 
add definitions and clarifying changes to the general provisions and 
add a new emissions inventory regulation that establishes reporting 
requirements for stationary sources in Albuquerque/Bernalillo County.

II. Response to Comments

    We received one comment letter dated February 20, 2015, from the 
Sierra Club, regarding our direct final rule.
    Comment: ``Acting regional administrator Sam Coleman cannot sign 
approvals, disapprovals, or any combination of approvals or 
disapproval, in whole or in part, due to the fact that agency actions 
on state implementation plans are required to be signed by the regional 
administrator, Ron Curry, not the current deputy regional administrator 
as stated in the agency's delegations manual. The manual specifically 
states that SIP actions can't be redelegated from the regional 
administrator.''
    Response: As the Acting Regional Administrator, Deputy Regional 
Administrator Sam Coleman had authority to sign the proposal and direct 
final action on this State Implementation Plan. On January 15, 2015, 
the day that the proposal and direct final action were signed, Sam 
Coleman was acting in the capacity of the Regional Administrator for 
Ron Curry, who was absent from Region 6 at the time. The following 
language is listed in the Region 6 Deputy Regional Administrator's 
position description ``In the absence of the Regional Administrator, 
the Deputy Regional Administrator will perform the duties of the 
Regional Administrator.'' A copy of the Deputy Regional Administrator's 
position description is included in the docket for this rulemaking. 
Further, EPA Region 6 Order 1110.11 establishes a line of succession to 
perform the duties of the Regional Administrator should the Regional 
Administrator be absent from the office. The Deputy Regional 
Administrator is the first person listed on that line of succession. A 
copy of EPA Region 6 Order 1110.11 is included in the docket for this 
rulemaking.
    The heads of administrative agencies are statutorily vested with 
the authority to delegate authorities to subordinate officials, 5 
U.S.C. 302. Federal Courts have held that rules, including internal

[[Page 26190]]

delegations and appointments of authority are effective regardless of 
publication in the Federal Register or the Code of Federal Regulations. 
The EPA Delegations Manual, more specifically Chapter 1-21, provides 
that the EPA Regional Administrators are delegated the authority, in 
relevant part, to sign and submit proposed State Implementation Plans, 
including revisions and compliance schedules. Chapter 1-21 of the EPA 
Delegations Manual specifically allows the redelegation of these 
authorities to the Deputies of the Regional Administrators. A copy of 
Chapter 1-21 of the EPA Delegations Manual is included in the docket 
for this rulemaking.
    The comment only challenged the Deputy Regional Administrator's 
authority to sign the Direct Final Action. EPA received no other 
comments or challenges as to the substance of the proposal or direct 
final. Therefore, we are finalizing our action to approve this SIP 
amendment.

III. Final Action

    Pursuant to section 110 of the Act, EPA is approving five revisions 
to the New Mexico SIP that were submitted on May 6, 2008, November 6, 
2009,\1\ December 15, 2010 and October 18, 2012. We evaluated the 
state's submittals and determined that they meet the applicable 
requirements of the CAA section 110 and applicable EPA guidance. In 
accordance with CAA section 110(l), these revisions will not interfere 
with attainment of the NAAQS, reasonable further progress, or any other 
applicable requirement of the CAA.
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    \1\ There are two SIP submittals that were submitted on the same 
date, November 6, 2009--one revising 20.11.1 NMAC and one revising 
20.11.47 NMAC.
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IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.4, we are finalizing the incorporation by reference of the 
revisions to the Albuquerque/Bernalillo County regulations as described 
in the Final Action of this rule. We have made, and will continue to 
make, these documents generally available electronically through 
www.regulation.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. 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 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 July 6, 2015. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: April 27, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.162(c), the second table titled ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations'' is

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amended by revising the entry for Part 1 (20.11.1 NMAC) and adding in 
sequential order an entry for Part 47 (20.11.47 NMAC) 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      submittal     EPA approval date        Explanation
                                                             date
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   New Mexico Administrative Code (NMAC) Title 20--Environmental Protection Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
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Part 1 (20.11.1 NMAC)............  General Provisions..   12/15/2010  5/7/2015 [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
Part 47 (20.11.47 NMAC)..........  Emissions Inventory    10/18/2012  5/7/2015 [Insert
                                    Requirements.                      Federal Register
                                                                       citation].
 
                                                  * * * * * * *
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[FR Doc. 2015-10481 Filed 5-6-15; 8:45 am]
 BILLING CODE 6560-50-P