[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]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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:
20.11.61.2 NMAC--Scope,
20.11.61.5 NMAC--Effective Date,
20.11.61.6 NMAC--Objective,
20.11.61.7 NMAC--Definitions,
20.11.61.10 NMAC--Documents,
20.11.61.11 NMAC--Applicability,
20.11.61.12 NMAC--Obligations of Owners or Operators of
Sources,
20.11.61.14 NMAC--Control Technology Review and Innovative
Control Technology,
20.11.61.15 NMAC--Ambient Impact Requirements,
20.11.61.18 NMAC--Air Quality Analysis and Monitoring
Requirements,
20.11.61.20 NMAC--Actuals Plantwide Applicability Limits
(PALs),
20.11.61.23 NMAC--Exclusions from Increment Consumption,
20.11.61.24 NMAC--Sources Impacting Federal Class I
Areas--Additional Requirements,
20.11.61.27 NMAC--Table 2--Significant Emission Rates,
20.11.61.29 NMAC--Table 4--Allowable PSD Increments, and
20.11.61.30 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,
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 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:
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. 52.1620(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.
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(e) * * *
EPA Approved Albuquerque/Bernalillo County, NM Regulations
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State
approval/
State citation Title/subject effective EPA approval date Explanation
date
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New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
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[[Page 52403]]
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Part 61 (20.11.61 NMAC)........ Prevention of 5/29/2015 8/31/2015 [Insert ............................
Significant Federal Register
Deterioration. citation].
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[FR Doc. 2015-21015 Filed 8-28-15; 8:45 am]
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