[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Rules and Regulations]
[Pages 7980-7982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03130]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0613; FRL-9942-30-Region 6]


Approval and Promulgation of Implementation Plans; State of New 
Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate 
Transport SIP 2010 Nitrogen Dioxide National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) submission from the Governor of New Mexico 
for the City of Albuquerque-Bernalillo County for the 2010 Nitrogen 
Dioxide (NO2) National Ambient Air Quality Standards 
(NAAQS). The submittal addresses how the existing SIP provides for 
implementation, maintenance, and enforcement of the 2010 NO2 
NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the 
State's SIP for Albuquerque-Bernalillo County is adequate to meet the 
state's responsibilities under the Federal Clean Air Act (CAA or Act), 
including the four

[[Page 7981]]

CAA requirements for interstate transport of NO2 emissions.

DATES: This final rule is effective on March 18, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2013-0613. 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: Tracie Donaldson, 214-665-6633, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our 
December 2, 2015 proposal (80 FR 75444). In that document, we proposed 
that the Albuquerque-Bernalillo County New Mexico i-SIP submittal for 
the 2010 NO2 NAAQS met the requirements for an i-SIP, 
including the requirements for interstate transport of NO2 
emissions. Our Proposal and the technical support documents (TSDs) that 
accompanied the proposed rule provide detailed descriptions of the 
revisions and the rationale for our proposed decisions. Please see the 
docket for these and other documents regarding our proposal. The public 
comment period for our proposal closed on January 4, 2016. We did not 
receive any comments. Therefore, we are finalizing our action as 
proposed.

II. Final Action

    We are approving the July 26, 2013 i-SIP submission from 
Albuquerque-Bernalillo County New Mexico, which address the 
requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2010 NO2 NAAQS. Specifically, we are approving the following 
infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), 
(H), (J), (K), (L), and (M). We are also approving the New Mexico-
Albuquerque Bernalillo County demonstration as it meets the four 
statutory requirements for interstate transport of NO2 
emissions.

III. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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, 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 
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 April 18, 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)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide 
(NO2), Reporting and recordkeeping requirements.

    Dated: February 4, 2016.
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, the second table in paragraph (e) entitled ``EPA 
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the 
New Mexico SIP'' is amended by adding a new entry at the end of the 
table for ``Infrastructure and Interstate Transport for the 2010 
NO2 NAAQS'' to read as follows:

[[Page 7982]]

Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

                                EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                                                State
       Name of SIP provision        Applicable geographic    submittal/               EPA approval date                         Explanation
                                    or nonattainment area  effective date
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                                                                      * * * * * * *
Infrastructure and Interstate       Albuquerque-                7/26/2013  2/17/16, [insert Federal Register       .....................................
 Transport for the 2010 NO2 NAAQS.   Bernalillo County.                     citation].
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[FR Doc. 2016-03130 Filed 2-16-16; 8:45 am]
 BILLING CODE 6560-50-P