[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 52003-52005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20898]



[[Page 52003]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0648; FRL-9931-31-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Nonattainment New Source Review Permitting State Implementation Plan 
Revisions for the City of Albuquerque-Bernalillo County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the New Mexico State Implementation Plan (SIP) for 
the City of Albuquerque-Bernalillo County. These revisions provide 
updates to the City of Albuquerque-Bernalillo County major 
Nonattainment New Source Review (NNSR) permit program. The EPA is 
proposing this action under section 110 and part D of the Clean Air Act 
(CAA or the Act).

DATES: Comments must be received on or before September 28, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2009-0648, by one of the following methods:
     http://www.regulations.gov. Follow the online 
instructions.
     Email: Ms. Erica Le Doux at [email protected].
     Mail or delivery: Ms. Erica Le Doux, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2009-0648. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, 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 http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment along with any disk or 
CD-ROM submitted. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters and any form of encryption and should be free of 
any defects or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Erica Le Doux, (214) 665-7265, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Le Doux or Mr. Bill Deese at (214) 
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The Act at section 110(a)(2)(C) requires states to develop and 
submit to the EPA for approval into the state SIP, preconstruction 
review programs applicable to new and modified stationary sources of 
air pollutants for attainment and nonattainment areas that cover both 
major and minor new sources and modifications, collectively referred to 
as the NSR SIP. The CAA NSR SIP program is composed of three separate 
programs: Prevention of Significant Deterioration (PSD), NNSR, and 
Minor NSR. PSD is established in part C of title I of the CAA and 
applies in areas that are designated as meeting the National Ambient 
Air Quality Standards (NAAQS), i.e., ``attainment areas'', as well as 
areas designated as ``unclassifiable'' because there is insufficient 
information to determine if the area meets the NAAQS. The NNSR SIP 
program is established in part D of title I of the CAA and applies in 
areas that are designated as not being in attainment of the NAAQS, 
i.e., ``nonattainment areas.'' The Minor NSR SIP program addresses 
construction or modification activities that do not emit, or have the 
potential to emit, beyond certain major source thresholds and thus do 
not qualify as ``major'' and applies regardless of the designation of 
the area in which a source is located. The revisions to 20.11.60 NMAC 
submitted on August 16, 2010 and July 26, 2013 were submitted as 
revisions to the City of Albuquerque-Bernalillo County NNSR permit 
program and will be evaluated against the requirements for NNSR 
programs at 40 CFR 51.160-51.165.

A. August 16, 2010, Submittal

    On August 16, 2010, the Governor Bill Richardson submitted 
revisions to the New Mexico SIP that incorporated revisions to the NMAC 
for the City of Albuquerque-Bernalillo County. The August 16, 2010, 
submittal includes final revised regulation sections 1, 2, 6, 7, 12 
through 27 (including five new additional sections) in 20.11.60 NMAC, 
Permitting in Nonattainment Areas. The updates that were accepted by 
the Albuquerque-Bernalillo County Air Quality Control Board constitutes 
the integration of language that is consistent with federal NNSR 
permitting regulations.

B. July 26, 2013, Submittal

    On July 26, 2013, the designee of the Governor, New Mexico 
Environment Department Cabinet Secretary, Ryan Flynn, submitted 
revisions to the SIP. This SIP submittal incorporated revisions to the 
NMAC for the City of Albuquerque-Bernalillo County. It includes final 
revised regulation sections 6, 7, 12, 13, and 15 in 20.11.60 NMAC, 
Permitting in Nonattainment Areas. The updates that were accepted by 
the Albuquerque-Bernalillo County Air Quality Control Board constitutes 
the integration of language that is consistent with federal NNSR 
permitting regulations.

C. What is not included in today's proposed action?

    The EPA also received in the August 16, 2010 submittal revisions to 
regulations within 20.11.61 NMAC--Prevention of Significant 
Deterioration (PSD) permitting program and Infrastructure SIP for 
Particulate Matter less than 2.5 Micrometers (PM2.5) and 
Ozone (O3). In the July 26, 2013 submittals, revisions to 
regulations within 20.11.61 NMAC-PSD permitting program and 20.11.42 
NMAC--Operating Permits were also included. The revisions to 20.11.61 
NMAC were submitted as revisions to the New

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Mexico SIP. The 20.11.42 NMAC revisions were submitted as an update the 
title V program. As part of this review, EPA is taking action only on 
the submitted revisions to 20.11.60 NMAC. We are addressing the amended 
regulations in 20.11.61 NMAC as part of separate SIP action (See 80 FR 
28901); for the revisions to 20.11.42 NMAC, it will be addressed 
separately in a later action to update the NM title V program.

II. The EPA's Evaluation

    The current SIP-approved version of 20.11.60 NMAC, Permitting in 
Nonattainment Areas, was last approved by EPA on April 26, 2007, and 
became effective on May 29, 2007. See 72 FR 20728. Substantive 
revisions to the City of Albuquerque-Bernalillo County NNSR program 
amend the existing state regulations to address the following federal 
NNSR requirements promulgated by the EPA:
     Implementation of the NSR Program for PM2.5 (73 
FR 28321);
     PSD for PM2.5-Increments, Significant Impact 
Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 
64864);
     Final Rule to Implement the 8-hour Ozone (O3) 
NAAQS-Phase 2; Final Rule to Implement Certain Aspects of the 1990 
Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide 
(CO), PM and O3 NAAQS (70 FR 71612);
     PSD and NNSR: Reasonable Possibility in Recordkeeping (72 
FR 72607); and
     PSD and NNSR: Reconsideration of Inclusion of Fugitive 
Rule; Interim Rule; Stay and Revisions (76 FR 17548).
    Further, the amendments contained in the two submittals revise the 
rules to conform to the latest changes to New Mexico Air Code for the 
City of Albuquerque-Bernalillo County laws which must continue to meet 
minimum federal requirements and include grammatical and formatting 
corrections. In addition, more headings were added to provide clarity 
to the rules.
    The EPA's evaluation of the revisions to the New Mexico SIP for the 
City of Albuquerque-Bernalillo County NNSR program included a line-by-
line comparison in the TSD of the proposed revisions with the federal 
requirements. State and local permitting authorities may meet the 
requirements of 40 CFR part 51 with different but equivalent 
regulations. While some permitting authorities choose to incorporate by 
reference the applicable federal rules, other permitting authorities 
(such as the City of Albuquerque-Bernalillo County) choose to draft 
rules that track the federal language but contain differences. We found 
that in most cases, the state regulatory language is identical to the 
federal rule. Where the rules are not identical, they are at least 
consistent and support the federal rules and definitions. The EPA is 
therefore making a preliminary determination that the City of 
Albuquerque-Bernalillo County has adopted the necessary elements for 
the NNSR program to comply with the federal regulatory requirements for 
implementation of the PM2.5 and O3 NAAQS.

III. Proposed Action

    We evaluated and are proposing to approve the revisions to 20.11.60 
NMAC submitted for SIP inclusion on August 16, 2010 and July 26, 2013. 
The EPA has made the preliminary determination that the revisions are 
approvable because the submitted rules are adopted and submitted in 
accordance with the CAA and are consistent with the EPA's regulations 
for NNSR permitting at 40 CFR 51.160-51.165. Therefore, under section 
110 and part D of the Act, and for the reasons presented above and our 
accompanying TSD, the EPA proposes to fully approve the specific 
revisions to the New Mexico SIP for the City of Albuquerque-Bernalillo 
County as identified below.
     Revisions to 20.11.60.1 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.2 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.6 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     Revisions to 20.11.60.7 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     Revisions to 20.11.60.12 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     Revisions to 20.11.60.13 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     New 20.11.60.14 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     New 20.11.60.15 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     New 20.11.60.16 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     Revisions to 20.11.60.17 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.18 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     New 20.11.60.19 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     New 11.60.20 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     Revisions to 20.11.60.21 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.22 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.23 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.24 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.25 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.26 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.27 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
    The EPA is proposing to find that the August 16, 2010 and July 26, 
2013, submittals together addresses all required NNSR elements for the 
implementation of the 8-hour ozone NAAQS and the 1997 and 2006 
PM2.5 NAAQS. We note that the City of Albuquerque-Bernalillo 
County NNSR program does not include regulation of VOCs and ammonia as 
PM2.5 precursors. However, section 189(e) of the Act 
requires regulation of PM2.5 precursors that significantly 
contribute to PM2.5 levels ``which exceed the standard in 
the area'' and PM2.5 levels in the City of Albuquerque-
Bernalillo County do not currently exceed the standard. In the event 
that an area is designated nonattainment for the 2012 PM2.5 
NAAQS or any other future PM2.5 NAAQS, New Mexico for the 
City of Albuquerque-Bernalillo County will have a deadline under 
section 189(a)(2) of the CAA to make a submission addressing the 
statutory requirements as to that area, including the requirements in 
section 189(e) that apply to the regulation of PM2.5 
precursors.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference

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revisions to the New Mexico State regulations for the City of 
Albuquerque-Bernalillo County as described in the Proposed Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. See, 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 proposes to approve 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, 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 proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 12, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-20898 Filed 8-26-15; 8:45 am]
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