[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Proposed Rules]
[Pages 17129-17131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07583]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0176; FRL-9991-12-Region 6]


Air Plan Approval; New Mexico; Albuquerque/Bernalillo County; 
Minor New Source Review (NSR) Preconstruction Permitting Program 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
convert its June 29, 2017 conditional approval of revisions to the New 
Mexico State Implementation Plan (SIP) for the City of Albuquerque-
Bernalillo County minor New Source Review (NSR) program to full 
approval. The January 18, 2018 SIP submittal satisfies New Mexico's 
commitment which was the basis of our conditional approval of the minor 
NSR Preconstruction Permitting Program. Final approval of this SIP 
submittal will convert our earlier conditional approval to full 
approval. We are taking this action in accordance with the Clean Air 
Act (CAA, the Act) requirements.

DATES: Written comments must be received on or before May 24, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0176, at https://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 Ms. Kyndall Cox, 214-665-
8567, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://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: Ms. Kyndall Cox, Air Permits Section, 
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, TX 75202, (214) 665-
8567, [email protected]. To inspect the hard copy materials, please 
schedule an appointment with Kyndall Cox.

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

I. Background

    The CAA 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 new source review (NSR) 
SIP. The CAA NSR SIP program is composed of three separate 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. The minor NSR regulations are 
contained in 40 CFR 51.160-51.164.
    The City of Albuquerque-Bernalillo County submitted revisions to 
their minor NSR program on July 26, 2013, and subsequently provided 
supplemental information on April 21,

[[Page 17130]]

2016; July 5, 2016; September 19, 2016; and December 20, 2016. In our 
final rulemaking action, June 29, 2017 (82 FR 29421), we determined 
that portions of the City of Albuquerque-Bernalillo County SIP 
submittal were inconsistent with the applicable Federal regulations. 
Specifically, we found the portions pertaining to accelerated 
permitting procedures, technical permit revisions, and conflict of 
interest were not consistent with the required elements of minor NSR 
programs at 40 CFR 51.160-51.164.
    In a letter dated December 22, 2016, the City of Albuquerque 
committed to adopt enforceable revisions to 20.11.41 NMAC to address 
these concerns and submit these revisions to the EPA as a SIP revision 
within one year of the EPA's conditional approval. The January 18, 2018 
SIP revision is the City's fulfillment of this commitment.

II. Evaluation

    The January 18, 2018 SIP submittal addresses and corrects the 
deficiencies of the City of Albuquerque-Bernalillo County minor NSR 
program identified in our June 29, 2017, (82 FR 29421), final 
conditional approval as summarized below. The EPA's Technical Support 
Document for this action is available in the rulemaking docket and 
includes a detailed analysis of the submitted revisions to the New 
Mexico SIP for the City of Albuquerque-Bernalillo County minor NSR 
program.
    In our June 29, 2017 final rule, we found that the abbreviated 
public notice process established by 20.11.41.13 NMAC for technical 
permit revisions was inconsistent with the requirements of 40 CFR 
51.161 since it did not meet the applicable prominent advertisement 
requirements. The County adopted a single revision to 20.11.41.13 NMAC, 
Application for Permit, which removed the abbreviated public 
participation process for technical permit revisions that the EPA had 
determined was inconsistent with the requirements found in 40 CFR 
51.161.
    The County revised and clarified the technical permit provisions in 
20.11.41.28 NMAC, Administrative and Technical Permit Revisions. In our 
June 29, 2017 final rule (82 FR 29421), we noted that the Section 28 
provisions were inconsistent with federal regulations for public notice 
since technical permit revisions potentially allowed permittees to 
conduct changes that may could result in up to a one pound per hour 
increase of a NAAQS pollutant or NMAAQS pollutant and such changes 
require the County and permittee to follow the public notice 
requirements listed in 40 CFR 51.161. The January 18, 2018 revision 
satisfies the EPA's concern with the technical permit revision 
authorizing any emission increases: The proposed language in 
20.11.41.28(B)(1)(b) NMAC clearly states that technical permit 
revisions have no potential increase in emissions and 
20.11.41.28(B)(1)(e) NMAC clarifies that any new covered equipment will 
not result in an emissions increase.
    In our June 29, 2017 final rule (82 FR 29421), we conditionally 
approved the accelerated review provision found in 20.11.41.32 NMAC 
since it did not comply with the requirement in 40 CFR 51.161 to make 
the permittee's application, and the County's evaluation of that 
application, public. The proposed revision to 20.11.41.32 NMAC, 
Accelerated Review of Application, revised the requirements of public 
notice to be consistent with federal requirements related to public 
availability of information and public notice in 40 CFR 51.161 by 
correcting the citation in 20.11.41.32(B) NMAC.
    In our June 29, 2017 final rule, we also conditionally approved the 
definitions 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, and the definition of ``technical 
permit revision or technical revision'' at 20.11.41.7.RR NMAC because 
these definitions referenced or applied to the underlying provisions 
for accelerated review and technical permit revisions that were 
conditionally approved. Because we are proposing to fully approve the 
revisions to the accelerated review process and technical permit 
revision, we are also proposing to fully approve the cited definitions 
as consistent with federal requirements for minor NSR permitting.
    In addition to satisfying all elements of our conditional approval, 
the January 18, 2018 submitted revision to 20.11.41.14 NMAC, Public 
Notice by Department--Public Participation, removed the requirement to 
provide public notice in a newspaper and authorized electronic notice 
on the City of Albuquerque website. The revision to Section 14 is 
consistent with the EPA's October 18, 2016, 81 FR 71613, publication 
that authorized electronic notice for the EPA and permitting 
authorities implementing federal permitting rules. Additionally, the 
County proposed to increase the timeframe from ten (10) to thirty (30) 
days for public hearings in 20.11.41.15 NMAC, Public Information 
Hearing. We find this to be consistent with federal requirements 
related to public availability of information and public notice (40 CFR 
51.161).
    Our analysis of the January 18, 2018 submitted revisions indicates 
that the SIP revision package was developed in accordance with the CAA 
and the State provided reasonable notice and public hearing. The 
revisions to 20.11.41 NMAC update the regulations so that the City of 
Albuquerque-Bernalillo County minor NSR permit program is consistent 
with federal requirements. Under section 110(l) of the CAA, the EPA 
finds that these submitted revisions will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA.

III. Proposed Action

    We are proposing to approve the January 18, 2018 submitted 
revisions to the New Mexico SIP for the City of Albuquerque-Bernalillo 
County. We have determined that the submitted revisions were developed 
in accordance with the CAA and EPA's regulations, policy and guidance 
for minor NSR permitting. Additionally, we propose to find that the 
January 18, 2018 submittal satisfies New Mexico's obligation under the 
March 10, 2017 (82 FR 13270) conditional approval, and to convert the 
June 29, 2017 (82 FR 29421) rulemaking to full approval. Therefore, 
under section 110 of the Act, the EPA proposes approval of the 
following revisions to the New Mexico SIP for the City of Albuquerque-
Bernalillo County:
     20.11.41.13 NMAC, Application for Permit;
     20.11.41.14 NMAC, Public Notice by Department--Public 
Participation;
     20.11.41.15 NMAC, Public Information Hearing (PIH);
     20.11.41.28 NMAC, Administrative and Technical Permit 
Revisions; and
     20.11.41.32 NMAC, Accelerated Review of Application.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference of the revisions to the New Mexico's regulations, as 
described in the Proposed Action Section above. The EPA has made, and 
will continue to make, these documents generally available 
electronically through www.regulations.gov and in hard copy at the EPA 
Region 6 office.

[[Page 17131]]

V. Statutory and Executive Order Reviews

    Under the 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 Act. 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:
     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 proposed 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).

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: April 10, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-07583 Filed 4-23-19; 8:45 am]
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