[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Rules and Regulations]
[Pages 52401-52403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21015]



40 CFR Part 52

[EPA-R06-OAR-2013-0616; FRL-9931-35-Region-6]

Approval and Promulgation of Implementation Plans; New Mexico; 
Revisions to the New Source Review (NSR) State Implementation Plan 
(SIP) for Albuquerque-Bernalillo County; Prevention of Significant 
Deterioration (PSD) Permitting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving two 
revisions to the New Mexico State Implementation Plan (SIP) to update 
the Albuquerque-Bernalillo County Prevention of Significant 
Deterioration (PSD) SIP permitting program consistent with federal 
requirements. New Mexico submitted the Albuquerque-Bernalillo County 
PSD SIP permitting revisions on July 26, 2013, and June 11, 2015, which 
includes a request for parallel processing of the submitted 2015 
revisions. These submittals contain revisions to address the 
requirements of the EPA's May 2008, July 2010, and October 2012 
PM2.5 PSD Implementation Rules and to incorporate revisions 
consistent with the EPA's March 2011 Fugitives Interim Rule, July 2011 
Greenhouse Gas (GHG) Biomass Deferral Rule, and July 2012 GHG Tailoring 
Rule Step 3 and GHG PALs Rule. The EPA finds that these revisions to 
the New Mexico SIP meet the Federal Clean Air Act (the Act or CAA) and 
EPA regulations, and are consistent with EPA policies. We are taking 
this action under section 110 and part C of title I of the Act. The EPA 
is not approving these rules within the exterior boundaries of a 
reservation or other areas within any Tribal Nation's jurisdiction.

DATES: This final rule is effective on September 30, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2013-0616. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ashley Mohr, 214-665-7289, 
[email protected].

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

I. Background

    The background for today's action is discussed in detail in our May 
20, 2015 proposal (80 FR 28901). In that notice, we proposed to approve 
portions of SIP submittals for the State of New Mexico submitted on 
July 26, 2013, and March 4, 2015, that contained revisions to the 
Albuquerque-Bernalillo County PSD program. The March 4, 2015 submittal 
included a request for parallel processing of the submitted 2015 
revisions, meaning that the EPA proposed approval of a rule that was 
not yet finalized at the local level. Our May 20, 2015 proposed 
approval and accompanying Technical Support Document (TSD) provided the 
EPA's evaluation of the March 4, 2015 revisions to the New Mexico SIP. 
We preliminarily determined that the revisions were consistent with the 
CAA and the EPA's regulations and guidance. As such, we proposed 
approval of the SIP revisions contained in the March 4, 2015 submittal.
    Under the EPA's ``parallel processing'' procedure, the EPA proposes 
a rulemaking action on proposed SIP revisions concurrently with the 
State or Local Agency's public review process. If the proposed SIP 
revision is not significantly or substantively changed, the EPA will 
finalize the rulemaking on the SIP revision as proposed after 
responding to any submitted comments. Final rulemaking action by the 
EPA will occur only after the final SIP revision has been fully adopted 
by the State or Local Agency and submitted formally to the EPA for 
approval as a SIP revision. See 40 CFR part 51, Appendix V.
    The City of Albuquerque-Bernalillo County completed their 
rulemaking process, and the Albuquerque-Bernalillo County Air Quality 
Control Board adopted revisions to the PSD program on April 30, 2015. 
These adopted changes were submitted as a revision to the New Mexico 
SIP on June 11, 2015. The EPA has evaluated the final SIP revision 
submittal for any changes made from the time of proposal. See 
``Addendum to the TSD'' for EPA-R06-OAR-2013-0616, available in the 
rulemaking docket. Our evaluation indicates that adopted changes to the 
Albuquerque-Bernalillo County PSD program are the same as the revisions 
that we proposed to approve; and therefore, do not alter our rationale 
presented in the May 20, 2015 proposed approval. As such, the EPA is 
proceeding with our final approval of the revisions to the New Mexico 
SIP, consistent with the parallel processing provisions in 40 CFR part 
51, Appendix V.
    This action to approve the aforementioned revisions to the New 
Mexico SIP is being taken under section 110 of the Act. We did not 
receive any comments regarding our proposal.

II. Final Action

    The EPA is approving revisions to the Albuquerque-Bernalillo County 
PSD program that were submitted by New Mexico as a SIP revision on July 
26, 2013, and June 11, 2015. We are approving the portions of the July 
26, 2013, and June 11, 2015 submittals that revised the following 
sections under 20.11.61: NMAC--Scope, NMAC--Effective Date, NMAC--Objective, NMAC--Definitions, NMAC--Documents, NMAC--Applicability, NMAC--Obligations of Owners or Operators of 
Sources, NMAC--Control Technology Review and Innovative 
Control Technology, NMAC--Ambient Impact Requirements, NMAC--Air Quality Analysis and Monitoring 
Requirements, NMAC--Actuals Plantwide Applicability Limits 
(PALs), NMAC--Exclusions from Increment Consumption, NMAC--Sources Impacting Federal Class I 
Areas--Additional Requirements, NMAC--Table 2--Significant Emission Rates, NMAC--Table 4--Allowable PSD Increments, and NMAC--Table 5--Maximum Allowable Increases for 
Class I Variances.
    The EPA has determined that these revisions to the New Mexico SIP's 
Albuquerque-Bernalillo County PSD program are approvable because the 
submitted rules are adopted and submitted in accordance with the CAA

[[Page 52402]]

and are consistent with the EPA regulations regarding PSD permitting. 
The EPA is taking this action under section 110 and part C of the Act.
    The EPA is severing from our final approval action the revisions to 
20.11.60 NMAC submitted on July 26, 2013, which are revisions to the 
Albuquerque-Bernalillo County NNSR Program and will be addressed in a 
separate action.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the New Mexico regulations as described in the Final 
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.

IV. 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, the 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, 
     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. 
    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 October 30, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 17, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

2. In Sec.  52.1620(c) the second table titled ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations'' is amended by revising 
the entry for ``Part 61 (20.11.61)'' to read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
         State citation            Title/subject     effective   EPA approval date           Explanation
   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board

[[Page 52403]]

                                                  * * * * * * *
Part 61 (20.11.61 NMAC)........  Prevention of        5/29/2015  8/31/2015 [Insert  ............................
                                  Significant                     Federal Register
                                  Deterioration.                  citation].
                                                  * * * * * * *

* * * * *
[FR Doc. 2015-21015 Filed 8-28-15; 8:45 am]