[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29421-29424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13449]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0615; FRL-9963-41-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: Final rule.

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

DATES: This rule is effective on July 31, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2013-0615. 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: Aimee Wilson, 214-665-7596, 
[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 March 
10, 2017 proposal (82 FR 13270). In that document, we proposed to 
approve the revisions to the City of Albuquerque-Bernalillo County 
Minor NSR permitting 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 obsolete ambient air standards that are unique to the 
Albuquerque/Bernalillo County Air Quality Control Board, and remove the 
reference to the State of New Mexico non-methane hydrocarbon standard 
in 20.11.44 NMAC. We also proposed to conditionally approve severable 
provisions submitted on July 26, 2013, as supplemented on April 21, 
2016; July 5, 2016; September 19, 2016; and December 20, 2016, which 
establish, and pertain to, the accelerated permitting procedures, 
conflict of interest, and technical permit revisions.

II. Final Action

    We are approving revisions to the City of Albuquerque-Bernalillo 
County Minor NSR permitting program submitted on July 26, 2013, as 
supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and 
December 20, 2016. The revisions were adopted and submitted in 
accordance with the requirements of the CAA and the EPA's regulations 
regarding SIP development at 40 CFR part 51. Additionally, we have 
determined that the submitted revisions to the City of Albuquerque-
Bernalillo County Minor

[[Page 29422]]

NSR program are consistent with the EPA's regulations at 40 CFR 51.160-
51.164 and the associated policy and guidance. Therefore, under section 
110 of the Act, the EPA approves into the New Mexico SIP for the City 
of Albuquerque-Bernalillo County the following revisions adopted on 
July 10, 2013, and submitted to the EPA on July 26, 2013:
     Revisions to 20.11.41.1 NMAC, Issuing Agency;
     Revisions to 20.11.41.2 NMAC, Scope;
     Revisions to 20.11.41.3 NMAC, Statutory Authority;
     Revisions to 20.11.41.4 NMAC, Duration;
     Revisions to 20.11.41.5 NMAC, Effective Date;
     Revisions to 20.11.41.6 NMAC, Objective;
     Revisions to 20.11.41.7 NMAC, Definitions, with the 
exception of 20.11.41.7.J NMAC, 20.11.41.7.RR NMAC, and the reference 
to technical permit revisions in 20.11.41.7EE NMAC, as discussed below;
     Revisions to 20.11.41.8 NMAC, Variances;
     Revisions to 20.11.41.9 NMAC, Savings Clause;
     Revisions to 20.11.41.10 NMAC, Severability;
     Revisions to 20.11.41.11 NMAC, Documents;
     Revisions to 20.11.41.12 NMAC, Fees for Permit 
Application;
     Revisions to 20.11.41.13 NMAC, Application for Permit;
     Revisions to 20.11.41.14 NMAC, Public Participation;
     Revisions to 20.11.41.15 NMAC, Public Information Hearing;
     Revisions to 20.11.41.16 NMAC, Permit Decision and Air 
Board Hearing on the Merits;
     Revisions to 20.11.41.17 NMAC, Basis for Permit Denial, 
with the exception of 20.11.41.17.F NMAC, as discussed below;
     Revisions to 20.11.41.18 NMAC, Applicants' Additional 
Legal Responsibilities;
     Revisions to 20.11.41.19 NMAC, Permit Conditions;
     Revisions to 20.11.41.20 NMAC, Permit Cancellations, 
Suspension, or Revocation;
     Revisions to 20.11.41.21 NMAC, Permittee's Obligations to 
Inform the Department and Deliver an Annual Emissions Inventory;
     Revisions to 20.11.41.22 NMAC, Performance Testing;
     Revisions to 20.11.41.23 NMAC, Temporary Relocation of 
Portable Stationary Sources;
     Revisions to remove 20.11.41.24 NMAC, Emergency Permits;
     Revisions to 20.11.41.25 NMAC, Nonattainment Area 
Requirements;
     Revisions to 20.11.41.26 NMAC, Compliance Certification;
     Revisions to 20.11.41.27 NMAC, Enforcement;
     Revisions to 20.11.41.28 NMAC, Administrative and 
Technical Permit Revisions, with the exception of provisions pertaining 
to Technical Permit Revisions, as discussed below;
     Revisions to 20.11.41.29 NMAC, Permit Modification;
     Revisions to 20.11.41.30 NMAC, Permit Reopening, Revision 
and Reissuance; and
     Revisions to 20.11.41.31 NMAC, General Construction 
Permits.
    Additionally, the EPA is finalizing the conditional approval of the 
severable provisions submitted on July 26, 2013, as supplemented on 
April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 
2016, pertaining to the accelerated permitting procedures, technical 
permit revisions, and the definition of conflict of interest. In a 
letter dated December 22, 2016, the City of Albuquerque has committed 
to addressing the concerns identified in our proposed conditional 
approval within one year from the date of the EPA's final conditional 
approval. Based on this commitment and the authority provided under 
section 110(k)(4) of the Act, we have determined it is appropriate to 
conditionally approve into the New Mexico SIP for the City of 
Albuquerque-Bernalillo County the following revisions adopted on July 
10, 2013, and submitted to the EPA on July 26, 2013:
     The definition of ``Conflict of Interest'' at 20.11.41.7.J 
NMAC;
     The references to ``technical permit revisions'' in the 
definition for ``Permit'' at 20.11.41.7.EE NMAC;
     The definition of ``Technical permit revision or technical 
revision'' at 20.11.41.7.RR NMAC;
     Revisions to 20.11.41.17.F NMAC for conflict of interest;
     Revisions to 20.11.41.28 NMAC, pertaining to Technical 
Permit Revisions; and
     Revisions to 20.11.41.32 NMAC, Accelerated Review of 
Application.
    The City of Albuquerque committed in a letter dated December 22, 
2016, to adopt specific enforceable measures and to submit these 
provisions to the EPA for consideration as a SIP revision within one 
year from the date of the EPA's final conditional approval. If the EPA 
determines that the submitted revised enforceable measures are complete 
and approvable, the EPA will take a separate action to propose approval 
of the revisions. If the State does not meet its commitment within the 
specified time period by (1) not adopting and submitting measures by 
the date it committed to, (2) not submitting anything, or (3) EPA finds 
the submittal incomplete, the approval will be converted to a 
disapproval. The Regional Administrator would send a letter to the 
State finding that it did not meet its commitment or that the submittal 
is incomplete and that the SIP submittal was therefore disapproved. The 
18-month clock for sanctions and the two-year clock for a Federal 
Implementation Plan (FIP) would start as of the date of the letter. 
Subsequently, a notice to that effect would be published in the Federal 
Register, and appropriate language inserted in the Code of Federal 
Regulations (CFR).

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, 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

[[Page 29423]]

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 August 28, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes 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: June 15, 2017.
Samuel Coleman,
Acting 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. Amend Sec.  52.1620 by:
0
A. In paragraph (c), the second table ``EPA Approved Albuquerque/
Bernalillo County, NM Regulations'' is amended by revising the entry 
for ``Part 41 (20.11.41 NMAC) Authority to Construct''.
0
B. In paragraph (e), the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP'' is amended by adding four entries at the end of the table.
    The revision and additions 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             Explanation
                                                      date             date
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                                                  * * * * * * *
Part 41 (20.11.41 NMAC)......  Authority to           7/10/2013  6/29/2017,       The following are
                                Construct.                        [Insert          conditionally approved
                                                                  Federal          20.11.41.7.J NMAC, references
                                                                  Register         to ``technical permit
                                                                  citation].       revisions'' in 20.11.41.EE
                                                                                   NMAC, 20.11.41.RR NMAC,
                                                                                   20.11.41.17.F NMAC,
                                                                                   20.11.41.28 NMAC, and
                                                                                   20.11.41.32 NMAC.
 
                                                  * * * * * * *
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    (e) * * *

[[Page 29424]]



            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                                          State
                                       Applicable       submittal/
     Name of SIP  Provisions         geographic or      effective    EPA approval date         Explanation
                                   nonattainment area      date
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                                                  * * * * * * *
City of Albuquerque               City of                4/21/2016  6/29/2017, [Insert   .......................
 Clarification Letter on Minor     Albuquerque--Berna                Federal Register
 NSR SIP.                          lillo County.                     citation].
City of Albuquerque               City of Albuquerque-    6/5/2016  6/29/2017, [Insert   .......................
 Clarification Letter Providing    Bernalillo County.                Federal Register
 Public Notices of Minor NSR to                                      citation].
 EPA.
City of Albuquerque Letter        City of Albuquerque-   9/19/2016  6/29/2017, [Insert   .......................
 regarding Public Notice for       Bernalillo County.                Federal Register
 Minor NSR.                                                          citation].
City of Albuquerque Minor NSR     City of Albuquerque-  12/20/2016  6/29/2017, [Insert   .......................
 Commitment Letter.                Bernalillo County.                Federal Register
                                                                     citation].
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[FR Doc. 2017-13449 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P