[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58347-58348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26661]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0406; FRL-9971-43-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Albuquerque and Bernalillo County; Regional Haze Progress Report State 
Implementation Plan

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 a revision to a 
State Implementation Plan (SIP) for the City of Albuquerque and 
Bernalillo County, New Mexico (the County) submitted by the Governor on 
June 24, 2016. The SIP revision addresses requirements of the Act and 
the EPA's rules that require the County to submit a periodic report 
assessing reasonable progress goals (RPGs) for regional haze with a 
determination of the adequacy of the existing regional haze SIP.

DATES: This rule is effective on January 11, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0406. All documents in the docket are 
listed at the http://www.regulations.gov website. 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: James E. Grady, (214) 665-6745; 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' each mean ``the EPA.''

I. Background

    The background for this action is discussed in detail in the 
October 2, 2017 proposal (82 FR 45762). In that document the EPA 
proposed to approve the County's regional haze progress report SIP 
revision (submitted on June 24, 2016) as meeting the applicable 
regional haze requirements set forth in 40 CFR 51.309(d)(10). In 
addition, the EPA proposed to approve the County's determination that 
the current regional haze SIP is adequate to meet the State's 2018 RPGs 
for the first planning period and does not require further substantive 
revision to achieve the established regional haze goals. The public 
comment period for the proposal closed on November 1, 2017. The EPA did 
not receive any comments regarding the proposal during its public 
comment period.

II. Final Action

    The EPA is approving the County's regional haze progress report SIP 
revision (submitted on June 24, 2016) as meeting the applicable 
regional haze requirements set forth in 40 CFR 51.309(d)(10)(i)(A) 
through (G). The EPA is also approving the County's determination that 
the current regional haze SIP requires no further substantive revision 
at this time in order to achieve the established 2018 RPGs for 
visibility improvement and emission reduction (40 CFR 
51.309(d)(10)(ii)). This action is being taken under section 110 of the 
Act.

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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

[[Page 58348]]

copy of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The 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 February 12, 2018. 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, Best available 
retrofit technology, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur 
dioxide, Visibility, Volatile organic compounds.

    Dated: December 5, 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. In Sec.  52.1620(e), the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP'' is amended by adding an entry for ``City of Albuquerque 
Progress Report for the State Implementation Plan for Regional Haze'' 
at the end of the table to read as follows:


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
                                       Applicable        submittal/
      Name of SIP provision          geographic or        effective    EPA approval  date       Explanation
                                   nonattainment area       date
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                                                  * * * * * * *
City of Albuquerque Progress      City of Albuquerque-      6/24/2016  12/12/2017,
 Report for the State              Bernalillo County.                   [Insert Federal
 Implementation Plan for                                                Register
 Regional Haze.                                                         citation].
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[FR Doc. 2017-26661 Filed 12-11-17; 8:45 am]
 BILLING CODE 6560-50-P