[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69874-69876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28648]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0648; FRL-9936-86-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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: This final rule is effective on December 14, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2009-0648. 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: Ms. Erica Le Doux, (214) 665-7265, 
[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 
August 27, 2015 proposal (80 FR 52003). In that notice, we proposed to 
approve updates to the New Mexico SIP for the City of Albuquerque-
Bernalillo County Nonattainment New Source Review (NNSR) permitting 
program at 20.11.60 NMAC as submitted on August 16, 2010 and July 26, 
2013. These revisions were submitted to address the following federal 
requirements for NNSR:
     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);
     Implementation of the 8-hour Ozone (O3) NAAQS-
Phase; 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 (76 FR 17548).
    We did not receive any comments regarding our proposal.

II. Final Action

    We are approving severable portions of SIP submittals for the New 
Mexico SIP for the City of Albuquerque-Bernalillo County NNSR 
permitting program submitted on August 16, 2010, and July 26, 2013. The 
EPA has determined that the submitted rules were adopted and submitted 
in accordance with the CAA and are consistent with our regulations and 
policies regarding NNSR permitting. Therefore, we are taking final 
action under section 110 and part D of the CAA to approve the following 
as revisions to the New Mexico SIP for the City of Albuquerque-
Bernalillo County:
     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 August 16, 2010;
     Revisions to 20.11.60.6 NMAC as adopted on July 14, 2010 
and submitted 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 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

[[Page 69875]]

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 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 August 16, 2010;
     New 20.11.60.15 NMAC as adopted July 14, 2010 and 
submitted August 16, 2010, and revisions 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 August 16, 2010;
     Revisions to 20.11.60.17 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010;
     Revisions to 20.11.60.18 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010;
     New 20.11.60.19 NMAC as adopted on July 14, 2010 and 
submitted August 16, 2010;
     New 20.11.60.20 NMAC as adopted on July 14, 2010 and 
submitted August 16, 2010;
     Revisions to 20.11.60.21 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010;
     Revisions to 20.11.60.22 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010;
     Revisions to 20.11.60.23 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010;
     Revisions to 20.11.60.24 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010;
     Revisions to 20.11.60.25 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010;
     Revisions to 20.11.60.26 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010; and
     Revisions to 20.11.60.27 NMAC as adopted on July 14, 2010 
and submitted August 16, 2010.
    The EPA finds that the August 16, 2010 and July 26, 2013, 
submittals together address 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.

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 for the City of Albuquerque-Bernalillo 
County 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 January 11, 2016. 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).)

[[Page 69876]]

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: October 29, 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 60 (20.11.60)'' 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        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 Board
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                                                  * * * * * * *
Part 60 (20.11.60)..............  Permitting in             4/10/2013  11/12/2015 [Insert
                                   Nonattainment                        Federal Register
                                   Areas.                               citation].
 
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[FR Doc. 2015-28648 Filed 11-10-15; 8:45 am]
 BILLING CODE 6560-50-P