[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13270-13278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04734]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0615; FRL-9958-65-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction 
Permitting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (the Act or CAA), the 
Environmental Protection Agency (EPA) is proposing to approve portions 
of revisions to the applicable New Source Review (NSR) State 
Implementation Plan (SIP) for the City of Albuquerque-Bernalillo 
County. Additionally, the EPA is proposing to conditionally approve the 
provisions establishing accelerated review and technical permit 
revisions. The EPA is proposing to approve the following: The 
establishment of a new Minor NSR (MNSR) general construction permitting 
program; changes to the MNSR Public Participation requirements; and the 
addition of exemptions from MNSR permitting for inconsequential 
emission sources and activities.

DATES: Comments must be received on or before April 10, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2013-0615, at www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Aimee Wilson, (214) 665-
7596, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the 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: Aimee Wilson, (214) 665-7596, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Aimee Wilson 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 Clean Air Act (CAA or the Act) at section 110(a)(2)(C) requires 
states to develop and submit to the EPA for approval into the SIP, 
preconstruction review and permitting programs applicable to certain 
new and modified stationary sources of air pollutants for attainment/
unclassifiable 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

[[Page 13271]]

programs: Prevention of Significant Deterioration (PSD), Nonattainment 
New Source Review (NNSR), and Minor New Source Review (MNSR). The Minor 
NSR SIP program addresses construction or modification activities that 
do not emit, or have the potential to emit, beyond certain major 
source/major modification thresholds and thus do not qualify as 
``major'' and applies regardless of the designation of the area in 
which a source is located. The EPA regulations governing the criteria 
that states must satisfy for EPA approval of the NSR programs as part 
of the SIP are contained in 40 CFR 51.160-51.166. Minor NSR regulations 
are contained at 40 CFR 51.160-51.164.
    The SIP submittal under review in this action contains proposed 
changes to each of the current SIP-approved sections contained in 
20.11.41 of the New Mexico Administrative Code (NMAC) and includes the 
proposed addition of seven new sections. All changes are identified in 
Table 4 of this rulemaking. These changes are discussed in more detail 
in the Technical Support Document (TSD) contained in the docket for 
this action.

II. What did City of Albuquerque-Bernalillo County submit?

    Our proposed action today addresses the revisions to the City of 
Albuquerque-Bernalillo County's (the ``County'') Minor NSR SIP which 
were submitted to EPA on July 26, 2013 as well as the letters submitted 
to the EPA dated April 21, 2016, July 5, 2016, September 19, 2016, and 
December 20, 2016.

III. EPA's Evaluation

    The current County SIP includes the EPA approved Part 41 provisions 
(see, 69 FR 78312, December 30, 2004), which form the basis of the 
County's Minor NSR SIP program implemented by the City of Albuquerque 
Environmental Health Department (the ``Department''). The following 
sections of this proposed action and the accompanying TSD analyze the 
proposed revisions to the Construction Permits regulation found in Part 
41 to determine whether the submitted revisions and the Department's 
letters dated April 21, 2016; July 5, 2016; September 19, 2016; and 
December 20, 2016, as a whole, meet the requirements of the CAA and the 
EPA's regulations, policy, and guidance for NSR permitting. As noted in 
the TSD, the revisions made to 20.11.41 sections 1, 3, 4, 5, 6, 9, 10, 
11, 12, 18, 19, 20, 26, 27, and 29 NMAC are non-substantive, and thus 
will not be analyzed in detail below. A line by line comparison of 
these non-substantive submitted changes is found in the TSD in the 
docket for this action.

a. What are the requirements for the EPA's evaluation of a 
preconstruction permitting program SIP submittal?

    In addition to the preconstruction permitting program requirements 
of section 110(a)(2), our evaluation must ensure that the submittal 
complies with section 110(l) of the CAA before it can be approved into 
the SIP. Section 110(l) states that the EPA shall not approve a 
revision of the SIP if it would interfere with any applicable 
requirement concerning attainment of the National Ambient Air Quality 
Standards (NAAQS), reasonable further progress, or any other applicable 
requirement of the Act. Thus, under CAA section 110(l), the proposed 
MNSR SIP revision must not interfere with attainment, reasonable 
further progress, or any other applicable requirement of the Act. As 
part of the 110(l) analysis, we have evaluated the proposed MNSR SIP 
revisions for any potential interference with attainment and reasonable 
further progress for all NAAQS pollutants. Bernalillo County is 
designated attainment for all NAAQS pollutants.

b. Technical Review of Albuquerque/Bernalillo County's SIP Revisions 
Submittals

    As detailed in the TSD, the July 26, 2013 SIP submittal meets the 
completeness criteria established in 40 CFR 51, Appendix V. In addition 
to the completeness review, the revisions contained in the SIP 
submittal were evaluated against the applicable requirements contained 
in the Act and 40 CFR 51.
    Section 2 of the County's submittal governs the scope of the Minor 
NSR program. 40 CFR 51.160(e) requires that the plan identify the 
``types and sizes of facilities, buildings, structures, or 
installations which will be subject to review.'' The County's current 
SIP requires stationary sources with emissions in excess of the limits 
listed in this section to obtain a construction permit. In its 
submittal, the County revised this section to include source or 
activity based exemptions. The emissions from the new exemptions are 
expected to be inconsequential, and these sources and activities have 
historically been commenced and operated without coverage by an air 
permit.
    As required by section 110(l) of the CAA, we analyzed the addition 
of these exemptions to ensure that they do not interfere with any 
applicable requirement for attainment of the NAAQS, reasonable further 
progress (RFP), or any other CAA requirement. The Department has been 
carrying out the Minor NSR program as revised since January 1, 2014. 
Since then, there has been no indication that these exempted sources 
have interfered with attainment, RFP, or any other requirement of the 
Act. The EPA took into consideration the following factors when making 
the decision to propose that the exemptions be approved into the SIP;
     Compliance with the 8-hour ozone standard has improved 
county-wide with ozone pollutant concentrations trending downward since 
the late 1980's. The 8-Hour and 1-Hour ozone trends are listed in Table 
1: \1\
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    \1\ Table showing more data points is available in the Technical 
Support Document for the proposed SIP approval.

                                               Table 1--Ozone Data
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                                                                      Number          Number
                                                                  exceedances of  exceedances of     Number of
              Year                 Maximum 8-hr    Maximum 1-hr    8-hr std (for   1-hr std (for    monitors in
                                       value           value       all monitors    all monitors     Bernalillo
                                                                     combined)       combined)        County
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2000............................           0.084             0.1              10               0               7
2005............................           0.084           0.131               7               1               8
2010............................           0.078           0.094               1               0               7

[[Page 13272]]

 
2015............................           0.073           0.081               0               0               5
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     Compliance with the 8-hour CO standard has improved 
county-wide with CO pollutant concentrations trending downward since 
the late 1980's. The 8-Hour and 1-Hour CO trends are listed in Table 2:

                                           Table 2--CO Monitoring Data
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                                                                                                     Number of
                                   Maximum 8-hr    Maximum 1-hr       Number          Number        monitors in
              Year                     value           value      exceedances of  exceedances of    Bernalillo
                                                                     8-hr std        1-hr std         County
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1995............................             9.1              14               0               0               6
2000............................             4.3             9.2               0               0               6
2005............................             4.3             4.6               0               0               6
2010............................             3.1             3.5               0               0               5
2015............................             1.4             2.5               0               0               2
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     Compliance with the 1-hour NO2 standard has 
improved county-wide with NO2 pollutant concentrations 
trending downward since the late 1990's. The 1-Hour NO2 
trends are listed in the Table 3:

                                                Table 3--NO2 Data
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                                                                    Annual mean                      Number of
                                                   Maximum 1-hr   (maximum value      Number        monitors in
                      Year                             value        out of all      exceptional     Bernalillo
                                                                     monitors)        events          County
----------------------------------------------------------------------------------------------------------------
1990............................................             118            17.7               0               1
1995............................................             124            17.6               0               2
2000............................................             135           17.23               0               2
2005............................................              57           15.74               0               3
2010............................................              81           12.07               0               1
2015............................................              48          11.074               0               1
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    Section 7 of the County's SIP provides definitions for the terms 
used throughout 20.11.41 NMAC. The submitted revisions provide updated 
definitions for several terms. The revisions either made the 
definitions align more closely with those provided in 40 CFR 51.100 or 
they were updated to match those that were approved by the EPA in the 
most recent New Mexico Minor NSR SIP revision at 20.2.72 NMAC. We are 
proposing to approve the majority of the definitions with the exception 
of the following: ``conflict of interest'' listed in 20.11.41.7.J, 
``technical permit revision,'' listed in 20.11.41.7.RR, and the 
reference to technical permit revisions found in 20.11.41.7.EE. We are 
proposing to conditionally approve these definitions since they only 
apply to sections 20.11.41.32 and 20.11.41.28.B which we are also 
proposing to conditionally approve in this action.
    Section 13 of the County's SIP contains the requirements for the 
permit application that must be filed with the Department by any person 
seeking a permit. The revisions include the addition of provisions 
related to the changing, supplementing, or correcting a previously 
submitted permit application and provisions detailing what must be 
included before an application is considered complete. The revision 
also establishes a new abbreviated public participation process in 
20.11.41.13B that applies to technical permit revisions. This 
abbreviated process does not meet the requirements for prominent 
advertisement in the area affected as required by 40 CFR 51.161. 
Rather, it allows the applicant to send notification letters to 
neighborhood organization within half a mile of the source seeking the 
technical permit revision. The County has committed to revising this 
abbreviated process to include the necessary public notice requirements 
as listed in 40 CFR 51.161. We are therefore proposing to conditionally 
approve 20.11.41.13.B.\2\
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    \2\ Letter dated December 20, 2016 to Ron Curry, Regional 
Administrator, EPA Region 6, from Mary Lou Leonard, Director 
Environmental Health Department, City of Albuquerque. Copy of this 
letter and copies of all others referenced in this proposal are in 
the docket for this rulemaking.
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    With the exception of the public participation process found in 
20.11.41.13B., we are proposing to approve section 13 as it includes 
more stringent requirements for permit applicants with respect to the 
contents of permit applications that are not present in the current 
SIP. We propose to find section 13 meets the applicable federal 
requirements, including 40 CFR 51.160 which contains federal 
requirements regarding information an owner or operator of a new or 
modified source must submit to the State or local agency.

[[Page 13273]]

    Section 14 of the County's SIP contains the public notice 
requirements. Federal requirements for public participation for Minor 
NSR programs can be found at 40 CFR 51.160 and 51.161. The revised 
regulations allow the Department to publish its notice in a newspaper 
of general circulation in Bernalillo County, whereas the current SIP 
requires that it be published in a newspaper of general circulation in 
the area closest to the location of the source seeking a permit. The 
revision also shortens the comment period. Previously, commenters had 
45 days to submit comments; under the new regulation they have 30 days 
to comment on the permit application. The requirement to publish the 
notice in a newspaper of general circulation in Bernalillo County meets 
the requirement found in 40 CFR 51.161(b)(3) to publish a notice by 
``prominent advertisement in the area affected.'' Though the revision 
to 20.11.41.14 results in a reduction of the length of time the public 
can comment on the permit application, it still meets federal 
requirements since the new time period is equivalent to the federal 
minimum requirement found in 40 CFR 51.161(b)(2).
    The revised provisions provide that only those who submit comments 
during the 30-day comment period will be notified when the Department's 
analysis is available. As clarified in the County's July 5, 2016 
letter, those who wish to provide comments on the analysis will have 30 
days to do so once it becomes available. The proposed revisions also 
require a person to comment in writing on the permit application in 
order to be allowed to comment on the Department's Analysis. We believe 
that this is a minimal burden placed on the public to express written 
interest on the permit application in order to have the opportunity to 
comment on the Department's Analysis. This additional requirement does 
not undermine federal public participation requirements, nor does it 
interfere with any other requirement of the CAA. Therefore, we propose 
approval of this revision into the SIP.
    In addition, the County has revised the language in 
20.11.41.14(B)(8) NMAC which requires that public notices be 
automatically sent to the Region 6 EPA office; the revised provision 
now provides that public notices be sent to the EPA only if requested 
by the EPA. 40 CFR 51.161(d) requires that a state send a copy of all 
public notices to the EPA via the Regional Office, without qualifying 
whether a request by the EPA is necessary. To ensure that all public 
notices are received by the EPA pursuant to 40 CFR 51.161(d), Region 6 
has formally requested copies of each public notice be provided to the 
EPA.\3\ Therefore, the Department will provide a copy of all public 
notices for construction permits to the EPA meeting the federal 
requirement in 40 CFR 51.161(d).
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    \3\ Copies of public notices were requested via letter from Mr. 
Jeffrey Robinson, Section Chief, Air Permits, EPA, Region 6 to Ms. 
Mary Lou Leonard, Director, City of Albuquerque Environmental Health 
Department on June 6, 2016. City of Albuquerque responded to EPA's 
request via letter dated July 5, 2016 from Ms. Mary Lou Leonard, 
Director, City of Albuquerque Environmental Health Department, to 
Mr. Jeffrey Robinson, EPA, and agreed to provide copies of the 
notices to EPA.
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    Section 15 of the County's SIP contains the provisions governing 
the public information hearing process. The proposed regulation 
clarifies that the Department shall hold a public information hearing 
(PIH) for a permit application if the Department determines there is 
significant interest and a significant air quality issue. Section 15 
requires the Department to hold a hearing, if needed, no fewer than 30 
days before the deadline for the Department to make a final decision on 
the permit application and to publish a public notice of the hearing no 
fewer than 10 days before it occurs. This is a new requirement that is 
not in the current SIP. The replacement regulation also clarifies that 
the applicant is to present their permit proposal and answer questions 
from the attendees. It also requires that the PIH is recorded and the 
recording be included in the administrative record. There are no 
federal requirements for Minor NSR permits to have an opportunity for a 
hearing, therefore, the proposed section 20.11.41.15 is more stringent 
than federal requirements and we are proposing its approval into the 
SIP.
    Section 16 in the County's SIP governs the permit decisions 
process. It specifies the numbers of days within which the Department 
shall either grant, grant subject to conditions, or deny a permit or 
permit revision after the Department deems a permit application 
administratively complete. The revision reduces the number of days the 
Department has to review the application from 180 days to 90 days. It 
also reduces the days in which the Department must hold a hearing, if 
one is required, from 90 days to 60 days. The Department provided 
supplemental information to the EPA regarding the number of Minor NSR 
permits that have been issued since the reduction in the amount of time 
the Department has to review an application has been implemented. The 
Department has been implementing this reduction in time for the 
Department's review of Minor NSR permits for over 10 years. The 
Department has issued approximately 892 new MNSR permits since January 
20, 2000.\4\
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    \4\ Historical new Minor NSR permit issuance data was provided 
via letter dated April 21, 2016, from Isreal Tavarez, City of 
Albuquerque, to Aimee Wilson, EPA, Region 6.
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    Bernalillo County is designated attainment for all NAAQS 
pollutants, and the air quality trends provided in the section 2 
analysis support that the air quality is improving in the county. The 
reduction of time for the Department's review of Minor NSR permit 
applications has therefore not interfered with attainment, reasonable 
further progress, or any other applicable requirement of the Act and we 
are proposing its approval into the SIP.
    Section 17 of the County's SIP provides the basis for which a 
permit may be denied. The revision removes a provision that refers to 
ambient air standards that are unique to the Air Board. There are no 
standards that are unique to the Air Board, the County incorporates the 
federal standards by reference.\5\ We are proposing to approve removal 
of this provision from the current SIP. The proposed replacement 
regulation includes a new provision at 20.11.41.17.F. that allows the 
Department to deny a permit application if the Department determines 
that a conflict of interest existed or exists regarding an application 
that was submitted during accelerated review as authorized by 
20.11.41.32 NMAC. We are proposing to conditionally approve this 
provision in 20.11.41.17F. since it applies only to permits processed 
through the accelerated review process established in 20.11.41.32 NMAC, 
which we are also proposing for conditional approval. We are proposing 
to approve the rest of section 17.
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    \5\ See, 20.11.8.11
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    Section 20 of the County's SIP provides the basis for which a 
permit may be cancelled, suspended, or revoked. The proposed 
replacement regulation includes a new provision that provides that a 
violation of a requirement of the State Act, a board regulation, or a 
condition of a permit that has been issued pursuant to 20.11.41 NMAC 
may result in suspension or revocation of the permit. This provision 
makes the SIP more stringent and we are proposing its approval into the 
SIP.
    Section 21 of the County's submittal addresses the permittee's 
obligation to notify the Department in various instances. This section 
adds a new

[[Page 13274]]

requirement for the permittee to notify the Department of the date a 
portable source leaves or returns to the County. The permittee must 
also notify the Department of any permit update or correction no more 
than 60 days after the permittee knows or should have known about the 
condition that requires updating or correction of the permit. In 
addition, the permittee must submit an annual emissions inventory to 
the Department as required by 20.11.47 NMAC. The revised section also 
states the timeframes in which the required notifications must be 
completed in a clearer manner than the current SIP. These revisions 
assist in ensuring that sources are not engaging in acts that will 
result in an exceedance of one of the NAAQS and in clarifying when each 
notification must be provided to the Department. We are proposing to 
approve this section into the SIP.
    The County wishes to remove the current section 22--Emergency 
Permits from its current SIP. The July 26, 2013 SIP Submittal 
renumbered section 22 to section 24. The County, in its technical 
support document, and subsequently in its April 21, 2016 letter to the 
EPA, declared the provisions to be ``local only'' provisions, thus 
indicating an intention that they be removed from the SIP. The removal 
of the provision will not interfere with any applicable requirements of 
the CAA as it merely provided an avenue for permittees to obtain a 
permit at an expedited rate in the event of an emergency. The removal 
of such a provision will not interfere with any applicable requirement 
of the Act. Sources operating under emergency permits remain subject to 
federal enforcement.
    The proposed replacement regulation for section 22 clarifies the 
performance testing requirements in the County. The proposed regulation 
clarifies the following: The permittee is responsible for the testing 
expenses, the permittee must submit a written report of the test 
results within 30 days of the completion of the testing, and the 
Department may require the permittee to repeat the testing or perform 
additional testing as frequently as the Department requires to ensure 
that the source demonstrates compliance with the permit. The revised 
regulation assists in ensuring that sources are in compliance with, and 
remain in compliance with, their permits. The revisions incorporate 
more stringent requirements for performance testing than what is 
currently in the SIP and we are proposing that these revisions be 
approved into the SIP.
    Section 23 of the County's submittal addresses the temporary 
relocation of portable stationary sources in the County. The submittal 
adds clarifying language regarding the requirements applicants must 
meet in order to relocate a permitted portable source without obtaining 
a permit revision. It also includes the incorporation of additional 
recordkeeping and notification requirements that must be met in order 
for the portable source to relocate without undergoing a permit 
revision and identifies any sources that are exempt from the 
requirements listed in this section. Further, it requires that the 
application for relocation be submitted at least 45 days prior to the 
relocation date, that relocation applicants pay the fee required by 
20.11.2 NMAC, and that applications include an EPA-approved air 
dispersion model showing the proposed new location will comply with the 
NAAQS and NMAAQS, include all information required by 20.11.41.13 NMAC 
and be signed certifying accuracy. The EPA is proposing to approve 
these revised provisions as they include more stringent requirements 
for portable source relocation to meet before qualifying for an 
exemption from preconstruction permitting. Section 23 meets the 
applicable federal requirements and we are proposing its approval into 
the SIP.
    Section 25 of the County's submittal addresses the requirements for 
minor source modifications in nonattainment areas. The proposed 
regulation removed the reference to the State of New Mexico non-methane 
hydrocarbon standard in 20.11.44 NMAC, Emissions Trading, since the 
format of the standard is outdated and its withdrawal from the SIP was 
recommended by the EPA Region 6 office.\6\ We are proposing to approve 
the removal of this reference. The proposed regulation also contains a 
requirement that an existing source that is subject to nonattainment 
permitting and is modifying shall demonstrate a net air quality benefit 
of at least a 20% reduction in ambient impact for each applicable 
contaminant. These revisions result in a more stringent SIP than 
currently approved, therefore we find that they meet federal 
requirements for SIP-approved permitting plans.
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    \6\ Letter dated February 21, 2007 from Jeff Robinson, EPA to 
Neal Butt, Albuquerque Environmental Health Department.
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    Section 28 of the County's submittal addresses administrative and 
technical permit revisions. The proposed replacement regulation 
includes details on what constitutes administrative and technical 
permit revisions, the requirements of the applicant when submitting an 
administrative or technical permit revision, and how the Department 
processes an administrative or technical permit revision. Each permit 
revision type has specific review and permit issuance procedures, 
applicable fees, and public notice requirements, as described below:
     Administrative permit revisions require that a form on the 
revision be submitted by the applicant to the Department. Upon receipt 
of the form, the Department determines whether the revision qualifies 
as an administrative revision. Administrative revisions are limited to 
administrative changes that do not have associated increases in 
permitted emissions and do not result in a change to a permit term or 
condition, such as: The correction of typographical errors, change in 
administrative information (e.g., change in owner, facility address, or 
contact phone number), the incorporation of the retirement of a 
permitted source or the closing of a facility, or the incorporation of 
NMAC exempted sources.\7\ Under this revision, administrative permit 
revisions now require a certified written notification of the revision 
be submitted by the applicant to the Department. Administrative 
revisions become effective upon receipt of the notification by the 
Department. The Department is not required to reissue the permit to 
incorporate an Administrative permit revision. Administrative revisions 
have applicable permit fees under 20.11.41.12 NMAC. These revisions are 
not subject to the public notice requirements contained in either 
section 13 or section 14.
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    \7\ The incorporation of the 20.11.41.2 NMAC exempted sources 
into an existing permit is an administrative action and does not 
change the exempt status of these sources. These 20.11.41.2 NMAC 
exempt sources remain exempt from Minor NSR permitting requirements 
and their incorporation into an existing permit does not result in 
an increase in permitted emission rates or change a term or 
condition of the existing permit.
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     Technical permit revisions require that an application for 
a revision be submitted by the applicant to the Department. Technical 
permit revisions are used to accomplish changes that will not result in 
a significant emissions increase that cannot be accomplished using the 
administrative revisions provision in this section. The Department has 
30 days after the receipt of a complete application to approve or deny 
the permit revisions or inform the applicant that the request must be 
submitted as a permit modification. This timeline for the Department's 
action on the permit application may be extended if the Department 
holds a public meeting in response to significant public interest 
regarding the permit revision. The technical permit

[[Page 13275]]

revision becomes effective upon written approval from the Department, 
and the Department is required to file the technical permit revision 
with the existing permit. Permit actions that qualify as technical 
revisions are required to follow the public notice requirements of 
20.11.41.13 NMAC, and fees under 20.11.41.12. Permit actions that 
qualify as technical revisions are exempt from the public notice 
requirements provided for in 20.11.41.14 NMAC.
    Federal Minor NSR Program requirements generally require a 30-day 
public review for all sources that are subject to Minor NSR; however, 
these requirements also allow a state to identify the types and sizes 
of facilities, buildings, structures, or installations, which will 
require full preconstruction review by justifying the basis for the 
state's determination of the proper scope of its program.\8\ 
Importantly, our decision to approve a state's scope of its Minor NSR 
program must consider the individual air quality concerns of each 
jurisdiction, and therefore will vary from state to state. The EPA 
recognizes a state's ability to tailor the scope of its Minor NSR 
program as necessary to achieve and maintain the NAAQS.
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    \8\ For example, under the federal Tribal NSR regulations, EPA 
did not require permits for sources with emissions below ``de 
minimis'' levels, and for sources in ``insignificant source 
categories''. 76 FR at 38755. In sum, under these Tribal NSR 
regulations, some sources are not required to obtain permits, and 
have no public notice requirements.
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    The revised SIP rule is more stringent than the current SIP with 
respect to requiring written notification of the administrative 
revision be submitted by the applicant to the Department. The 
administrative permit revisions do not have any associated increases in 
permitted emissions and are truly inconsequential in nature. As these 
administrative revisions have no associated increases in emissions, we 
find that they will not interfere with any provision of the CAA or EPA 
regulations as required by section 110(l) of the CAA.
    The Department began issuing technical permit revisions when the 
revised 20.11.41 NMAC, Construction Permits, became effective on 
January 1, 2014. Since 2014, the Department has issued 13 technical 
permit revisions in the County. The Department's implementation of the 
permit revision program, which allows for reduced public notice for 
administrative and technical revisions, has not resulted in a measured 
exceedance of the NAAQS and has not shown any interference with 
reasonable further progress.\9\ Furthermore, a review of the technical 
permit revisions issued since 2014 shows that the total annual 
increases in permitted emissions is less than 1 ton per year for all 
NAAQS pollutants. In fact, most of the pollutants show no change or an 
overall decrease in annual emissions as a result of the technical 
permit revisions issued since 2014. This is consistent with our 
expectation that the permit revisions and associated public notice 
requirements will not have adverse impacts on air quality that 
interfere with attainment or reasonable further progress or any other 
applicable requirement of the Act.
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    \9\ Permit revisions data provided via letter dated April 21, 
2016, from Isreal Tavarez, PE, Environmental Health Manager, 
Environmental Health Department, City of Albuquerque to Aimee 
Wilson, Air Permitting, EPA, Region 6.
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    However, since the technical permit provision potentially allows 
permittees to conduct changes that may potentially result in up to a 
one pound per hour increase of a NAAQS pollutant or NMAAQS pollutant, 
the County is required to follow the public notice requirements 
provided in 40 CFR 51.161, which requires that the County provide ``a 
notice by prominent advertisement in the area affected.'' As written, 
permittees seeking a technical permit revision are required to provide 
public notice by sending a letter to designated representatives of 
recognized neighborhood organizations and associations within one-half 
mile of the source requesting the modification. This does not meet the 
federal notice requirements specified in 40 CFR 51.161. The one-half 
mile radius is not sufficient to constitute a ``prominent 
advertisement'' in the ``area affected.'' The increase in emissions 
allowed under this provision has the potential to affect an area 
greater than one-half of a mile. Additionally, there is no way to 
ensure that all of the individuals living in areas that could be 
potentially affected by this increase are members of, or represented 
by, the recognized neighborhood organizations or associations which are 
required to be notified. For these reasons, we are proposing to 
conditionally approve the technical permit provision established in 
Section 28 under CAA section 110(k)(4). The County has committed to 
making the required changes to the public participation component of 
this provision within one year from the date this conditional approval 
becomes final.
    Section 29 of the County's submittal addresses permit modification. 
The SIP previously defined ``Modification or To Modify'' in section 
20.11.41.7(H). The submittal adds a new section entitled ``Permit 
Modification'' at 20.11.41.29 which explains that all proposed 
modifications must comply with all requirements of 20.11.41. Permit 
modifications must follow the same permitting procedures and meet the 
same permitting requirements as those required for newly issued Minor 
NSR permits. We find that the proposed revision clarifies the permit 
modification process and meets the federal requirements for SIP-
approved permitting plans.
    Section 30 of the County's submittal addresses permit reopening, 
revision, and reissuance. The revision gives the Department the 
authority to reopen, revise, or reissue a permit if any mistakes are 
found, additional requirements of the CAA or State act are found to 
apply, the reopening is necessary to ensure compliance with federal or 
state requirements, or the permittee failed to disclose a material fact 
to the Department. This revision ensures that the Department has the 
authority to prevent violations of the CAA in the event that any of the 
aforementioned events occur. Permit reopening, revision, and reissuance 
under section 20.1.41.30 would be initiated by the County and is not a 
permitting mechanism that the permittee can initiate. Therefore, we 
find that these revisions to section 30 will not affect the ability of 
the section, or Part 41 overall, to meet the federal requirements for 
SIP-approved permitting plans.
    Section 31 of the County's submittal creates a new type of permit, 
a general construction permit, in the County's Minor NSR Program. A 
general construction permit developed by the Department must cover 
numerous similar sources. Sources allowed to register for coverage 
under a general permit must be homogenous in terms of operations, 
processes and emissions, subject to the same or substantially similar 
requirements, and not subject to case-by-case standards or 
requirements. As required in 20.11.41.31(B)(3)(a) NMAC, a general 
construction permit developed by the Department must describe the 
sources that qualify to register under the general permit. This 
requirement satisfies the federal requirement 40 CFR 51.160(e) which 
provides that the SIP must identify the types and sizes of facilities 
that will be subject to review. Section 31 states that this provision 
does not apply to major modifications or sources as defined by 20.11.60 
NMAC. The Department further clarified in its letter dated April 21, 
2016, that permits developed and issued under the general permits 
programs will not be issued to sources that are defined as major under 
federal rules and regulations.

[[Page 13276]]

    The submitted regulation specifically requires that a general 
permit include monitoring, record keeping and reporting (MRR) 
requirements appropriate to the source and sufficient to ensure 
compliance with the general construction permit, ensuring that the 
provision will be enforceable as required by 40 CFR 51.160(a). The 
general permit also must contain sufficient terms and conditions to 
ensure that all sources operating under a general permit will meet all 
applicable requirements under the Federal Clean Air Act, e.g., NSPS, 
NESHAPS, and MACT, and all requirements of the SIP. Sources operating 
under general permits are not allowed to cause or contribute to air 
contaminant levels in excess of any National or New Mexico Ambient Air 
Quality Standard. The provision clearly identifies the category of 
sources that qualify for coverage and provides that a source notifies 
the Department of its coverage under the program by submitting a 
complete application to register. The Department shall grant 
registration to a source only if it submits a complete application and 
meets the terms and conditions of the general permit. This provision 
meets all applicable federal requirements and will not interfere with 
any provision in the CAA or in the EPA regulations.
    Section 32 of the County's submittal seeks to establish an 
accelerated review process. The accelerated review process allows the 
County to utilize contractors to perform technical review and the 
drafting of permits provided the applicant and contractor meet certain 
obligations. The permit applicant has to pay both an accelerated review 
processing fee and a permit review fee. The County still retains the 
authority to review the draft permit and ensure that it meets all of 
the necessary requirements before it is proposed as a draft permit. The 
permit however does not go through the same public notice procedures as 
other permits as outlined in 20.11.41.14.B. NMAC and does not meet the 
minimum requirements of 40 CFR 51.161(b)(1). 40 CFR 51.161 requires 
that the state or local agency make public the permittee's application 
and the state or agency's analysis of that application. Section 32 does 
not require that the application or analysis be posted in a public 
place. The County has stated that it inadvertently excluded this 
requirement, and that it is their practice to make the application and 
analysis available in accordance with 40 CFR 51.161. We are proposing 
to conditionally approve this section under 110(k)(4). The County has 
committed to updating this section within one year of this rule 
becoming final to reflect its practice of making these documents 
publicly available.\10\
---------------------------------------------------------------------------

    \10\ Letter dated December 20, 2016 to Ron Curry, Regional 
Administrator, EPA Region 6, from Mary Lou Leonard, Director 
Environmental Health Department, City of Albuquerque.
---------------------------------------------------------------------------

IV. Proposed Action

    We are proposing to approve the revisions to the City of 
Albuquerque--Bernalillo County Minor NSR program submitted on July 26, 
2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 
2016; and December 20, 2016, that update the regulations to be 
consistent with federal requirements for Minor NSR permitting, remove a 
provision that refers to ambient air standards that are unique to the 
Air Board that no longer exist, and the reference to the State of New 
Mexico non-methane hydrocarbon standard in 20.11.44 NMAC, Emissions 
Trading. 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 laws 
and regulations for Minor NSR permitting.
    We are proposing to conditionally approve the provisions submitted 
on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; 
September 19, 2016; and December 20, 2016, that establish the 
accelerated permitting procedures. Additionally, the EPA is proposing 
to conditionally approve the definition of ``conflict of interest'' at 
20.11.410.7(J) NMAC, permit denial as it relates to conflict of 
interest at 20.11.41.17(F) NMAC, and Accelerated Review at 20.11.41.32 
NMAC, as adopted on July 10, 2013 and submitted on July 26, 2013. We 
are also proposing to conditionally approve the technical permit 
revision procedures established in section 28.
    Table 4 summarizes the changes made to the County's SIP that are 
contained in the SIP revisions submitted on July 26, 2013, as 
supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and 
December 20, 2016. A summary of the EPA's evaluation of each section 
and the basis for this action is discussed in Section III of this 
preamble.

                              Table 4--Summary of the SIP Submittal in This Action
----------------------------------------------------------------------------------------------------------------
                                                                          Submittal
               Section                              Title                   dates           Proposed action
----------------------------------------------------------------------------------------------------------------
                                       20.11.41 NMAC--Construction Permits
----------------------------------------------------------------------------------------------------------------
20.11.41.1 NMAC......................  Issuing Agency................      07/26/2013  Approval.
20.11.41.2 NMAC......................  Scope.........................      07/26/2013  Approval.
20.11.41.3 NMAC......................  Statutory Authority...........      07/26/2013  Approval.
20.11.41.4 NMAC......................  Duration......................      07/26/2013  Approval.
20.11.41.5 NMAC......................  Effective Date................      07/26/2013  Approval.
20.11.41.6 NMAC......................  Objective.....................      07/26/2013  Approval.
20.11.41.7 NMAC......................  Definitions...................      07/26/2013  Approved except for the
                                                                                        following which we are
                                                                                        conditionally approving:
                                                                                        20.11.41.7.J.,
                                                                                        20.11.41.RR, and the
                                                                                        reference to technical
                                                                                        permit revisions in
                                                                                        20.11.41.EE.
20.11.41.8 NMAC......................  Variances.....................      07/26/2013  Approval.
20.11.41.9 NMAC......................  Savings Clause................      07/26/2013  Approval.
20.11.41.10 NMAC.....................  Severability..................      07/26/2013  Approval.
20.11.41.11 NMAC.....................  Documents.....................      07/26/2013  Approval.
20.11.41.12 NMAC.....................  Fees for Permit Application...      07/26/2013  Approval.
20.11.41.13 NMAC.....................  Application for Permit........      07/26/2013  Approval.
20.11.41.14 NMAC.....................  Public Participation..........      07/26/2013  Approval.
20.11.41.15 NMAC.....................  Public Information Hearing....      07/26/2013  Approval.

[[Page 13277]]

 
20.11.41.16 NMAC.....................  Permit Decision and Air Board       07/26/2013  Approval.
                                        Hearing on the Merits.
20.11.41.17 NMAC.....................  Basis for Permit Denial.......      07/26/2013  Approved except for
                                                                                        20.11.41.17.F.
20.11.41.18 NMAC.....................  Applicants' Additional Legal        07/26/2013  Approval.
                                        Responsibilities.
20.11.41.19 NMAC.....................  Permit Conditions.............      07/26/2013  Approval.
20.11.41.20 NMAC.....................  Permit Cancellations,               07/26/2013  Approval.
                                        Suspension, or Revocation.
20.11.41.21NMAC......................  Permittee's Obligations to          07/26/2013  Approval.
                                        Inform the Department and
                                        Deliver an Annual Emissions
                                        Inventory.
20.11.41.22 NMAC.....................  Performance Testing...........      07/26/2013  Approval.
20.11.41.23 NMAC.....................  Temporary Relocation of             07/26/2013  Approval.
                                        Portable Stationary Sources.
20.11.41.24 NMAC.....................  Emergency Permits.............      07/26/2013  Removed.
20.11.41.25 NMAC.....................  Nonattainment Area                  07/26/2013  Approval.
                                        Requirements.
20.11.41.26 NMAC.....................  Compliance Certification......      07/26/2013  Approval.
20.11.41.27 NMAC.....................  Enforcement...................      07/26/2013  Approval.
20.11.41.28 NMAC.....................  Administrative and Technical        07/26/2013  Approval for
                                        Permit Revisions.                               Administrative Revisions/
                                                                                        Conditional Approval for
                                                                                        Technical Permit
                                                                                        Revisions.
20.11.41.29 NMAC.....................  Permit Modification...........      07/26/2013  Approval.
20.11.41.30 NMAC.....................  Permit Reopening, Revision and      07/26/2013  Approval.
                                        Reissuance.
20.11.41.31 NMAC.....................  General Construction Permits..      07/26/2013  Approval.
20.11.41.32 NMAC.....................  Accelerated Review of               07/26/2013  Conditional Approval.
                                        Application.
----------------------------------------------------------------------------------------------------------------

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 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 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:

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. There is no burden imposed under the PRA because this action 
does not contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. There are no requirements or responsibilities 
added or removed from Indian Tribal Governments. Thus, Executive Order 
13175 does not apply to this action. 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

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it approves a state program.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This action proposes to 
approve state permitting provisions that are consistent with the CAA 
and disapprove state permitting

[[Page 13278]]

provisions that are inconsistent with the CAA.

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.

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

    Dated: February 6, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-04734 Filed 3-9-17; 8:45 am]
 BILLING CODE 6560-50-P