[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26057-26063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11662]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0177; FRL-9994-25-Region 6]


Air Plan Approval; New Mexico; City of 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 (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve revisions 
to the applicable New Source Review (NSR) State Implementation Plan 
(SIP) for the City of Albuquerque-Bernalillo County. The EPA is 
proposing to approve a newly adopted Minor New Source Review (MNSR) 
permitting regulation to waive permitting requirements for certain 
sources, and to create new procedures for authorizing construction and 
modification of certain sources in a related amendment to another 
regulation.

DATES: Written comments must be received on or before July 5, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2018-0177, 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

[[Page 26058]]

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 Rick Barrett, (214) 665-
7227, [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 Office, 1201 Elm Street, 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: Rick Barrett, EPA Region 6 Office, Air 
Permits Section, 1201 Elm Street, Dallas, TX 75202, (214) 665-7227, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Rick Barrett or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``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 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 includes the addition 
of a newly adopted regulation, 20.11.39 (Part 39) of the New Mexico 
Administrative Code (NMAC), along with a related amendment to 
regulation 20.11.41 (Part 41) of the NMAC. These revisions incorporate 
regulations to waive permit requirements for certain gasoline 
dispensing facilities (GDF), and emergency stationary reciprocating 
internal combustion engines (ES-RICE); and to create new procedures for 
authorizing construction and modification of the eligible sources.

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

    On January 18, 2018, the governor of New Mexico submitted revisions 
to the City of Albuquerque-Bernalillo County (the ``County'') Minor NSR 
SIP to EPA. This proposed SIP revision would apply exclusively to the 
City of Albuquerque and Bernalillo County.

III. EPA's Evaluation

    The current County SIP includes the most recent EPA approved Part 
41 provisions (See 82 FR 29421, June 29, 2017), which form the current 
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 analyze the proposed 
addition of a newly adopted regulation, PERMIT WAIVERS AND AIR QUALITY 
NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES, Part 39 of the NMAC, along 
with a related amendment to the CONSTRUCTION PERMITS regulation, Part 
41 of the NMAC, in order to determine whether the submitted revisions 
under the Governor of New Mexico's letter meet the requirements of the 
CAA and the EPA's regulations, policy, and guidance for NSR permitting. 
In newly adopted Part 39, sections 1, 3, 4, 5, 6, 9, 10, 11, 16, 18, 
19, and 20, are non-substantive, containing provisions related to fees, 
statutory authority, effective date, and other elements that govern the 
newly established Part,\1\ and thus will not be analyzed in the details 
below. Table 7 below lists the revisions which are being proposed for 
approval in this proposed rulemaking.
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    \1\ These sections can be reviewed in the County's submittal 
which is included in the docket for this proposed rulemaking. See 
also Attachment A, New Part 39 (pp. 1-8), and Amended Part 41 (pp. 
2-3), for new and comparison wording in the County's submittal.
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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.

B. Summary of Albuquerque/Bernalillo County's SIP Revisions Submittal

    The January 18, 2018, SIP submittal meets the completeness criteria 
established in 40 CFR part 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 part 51.
    Part 39, section 2, Scope, governs the applicability of the 
exemption from Minor NSR permitting and limits the exemption to two 
types of stationary source categories: Emergency stationary 
reciprocating internal combustion engines (ES-RICE), and gasoline 
dispensing facilities (GDF). Section 2 also includes exclusions from 
Part 39 for certain sources. Part 39 does not apply to: Stationary 
sources within Bernalillo County that are located on Indian lands; 
stationary sources that, in the aggregate, constitute a major source 
under the applicable provisions of NMAC which are located on one or 
more contiguous or adjacent properties, and which are under common 
control of the same person; any non-emergency stationary RICE engines; 
sources which contain emission units other than ES-RICE and GDF, and 
that require a construction permit; sources that are part of a Title V 
permit; or sources located at a single family private residence.
    Section 7 of the SIP submittal provides definitions for the terms 
used throughout 20.11.39 NMAC. The submitted revisions provide new 
definitions for several new terms. The definitions in 20.11.1 NMAC 
apply unless there is a conflict between definitions, in which case the 
definition

[[Page 26059]]

in 20.11.39 NMAC shall govern. Definitions provided in the applicable 
federal standards referenced in Part 39 shall apply to source 
categories subject to those federal standards which are incorporated by 
reference into board regulations.
    Section 12 of the SIP submittal contains the provisions for Part 39 
sources to qualify for a waiver from construction permit requirements 
pursuant to 20.11.41. Owners and operators of Part 39 sources shall 
apply for an Air Quality Notification (AQN) rather than a construction 
permit when submitting an application to the department. If an owner or 
operator of a source establishes that it is a Part 39 source and 
demonstrates that the owner or operator will comply with all applicable 
regulations set out in Section 13 of this Part, the department shall 
waive compliance from further source registration or construction 
permitting requirements pursuant to 20.11.40 NMAC or 20.11.41 NMAC. 
This Part shall not waive any permit requirements for sources which are 
not ES-RICE or GDF. Except as noted below in 20.11.39.15, no public 
notice is required if the department waives further permitting 
requirements for a Part 39 source. No department hearing shall be held 
for a Part 39 source. The issuance of an AQN by the department is not a 
permitting action and is not subject to petition to the Albuquerque-
Bernalillo County air quality control board. The new AQN will assist in 
ensuring that these sources are not engaging in acts that will result 
in an exceedance of one of the NAAQS, in clarifying when each annual 
emission inventory is to be submitted, and that notification must be 
provided to the Department.
    Section 13 of the SIP submittal contains the requirements for the 
two source categories to which Part 39 applies. General requirements 
include that sources comply with any federal regulations which are 
incorporated by reference into board regulations and which apply to 
that source category; that no owner or operator of a source in a source 
category to which this part applies shall construct or operate a Part 
39 source without having first applied to the department for and 
received an AQN; that the owner or operator of each Part 39 source 
shall submit an annual emissions report to the department by March 15 
of each year. Note that for their annual emission report, GDF granted 
an AQN shall submit a report of their annual gasoline throughput for 
the previous January through December, and ES-RICE granted an AQN shall 
submit a report of their annual operating hours for the previous 
January through December. The emission report must include a signed 
certification, and nothing in Part 39 relieves any owner or operator of 
any source from the responsibility to comply with any applicable 
requirement in local, state, or federal law. No Part 39 source shall 
emit any regulated air pollutant in quantities which would constitute a 
major source.
    Section 13 also outlines specific requirements for each category. 
For ES-RICE not subject to the federal emissions standards listed 
below, they shall comply with all applicable board and federal 
regulations identified in the AQN. ES-RICE subject to 40 CFR part 60 
subpart IIII, Standards of Performance for Stationary Compression 
Ignition Internal Combustion Engines, 40 CFR part 60 subpart JJJJ, 
Standards of Performance for Stationary Spark Ignition Internal 
Combustion Engines, and 40 CFR part 63 subpart ZZZZ, National Emissions 
Standards for Hazardous Air Pollutants for Stationary Reciprocating 
Internal Combustion Engines, shall comply with all applicable 
requirements in those federal regulations, as amended, and all 
applicable board regulations identified in the AQN. GDF sources subject 
to 40 CFR part 63 subpart CCCCCC, National Emission Standards for 
Hazardous Air Pollutants for Gasoline Dispensing Facilities shall 
comply with all applicable requirements in 40 CFR part 63 subpart 
CCCCCC, as amended, and all applicable board regulations identified in 
the AQN.
    Section 14 of the SIP submittal contains the requirement that each 
owner or operator of a Part 39 source apply for an AQN with the 
department in compliance with the requirements of this section. A 
person applying to the department for an AQN shall submit a completed 
application provided by the department, and the department shall reject 
any incomplete application for an AQN. Certain information is required 
for the department to determine that an application for an AQN is 
complete. This information includes: The name, street address and post 
office address of the owner and any operators of the source or 
responsible entity; sufficient attachments, including calculations, 
computations and all other analyses used by the applicant to provide 
information to describe the potential emission rate and nature of all 
regulated air contaminants that the source may emit and control 
measures used to comply with all applicable federal standards. 
Information required specifically for GDF includes: The anticipated 
annual gasoline throughput; the total number of refueling positions; 
for each refueling position, identify whether it dispenses gasoline 
only, diesel only, both, or is for heavy duty truck diesel refueling. 
Information specifically for ES-RICE includes: A statement that the 
engine will only be used for emergency purposes, other than as allowed 
by applicable regulations.
    The Department also requires the following information from sources 
eligible for the Minor NSR permitting exemption: Any other relevant 
information that the department may reasonably require; the signature 
of the applicant, with the date it was signed, certifying that the 
information represented in the application and attachments, if any, is 
true, accurate and complete and that the owner and all operators will 
comply with all applicable requirements in board regulations for that 
source category; payment for the appropriate application fee required; 
and that the department shall not require any Part 39 source to submit 
air dispersion modeling with its AQN application.
    Section 15 of the SIP submittal outlines the procedures for review 
of an AQN application by the department. Within 45 days after the 
department has received a complete application for an AQN as required, 
the department shall issue or deny the AQN. If the AQN is issued, the 
department shall send a copy of the AQN to the applicant by electronic 
mail, or such other means as may be necessary. If the AQN is denied, 
the department shall send a notice of denial to the applicant by 
electronic mail, or such other means as may be necessary; if the 
department determines that the application for the AQN is incomplete, 
that Part 39 does not authorize the source to receive an AQN, or that 
some other action is necessary, up to and including denial of an AQN, 
the department shall inform the applicant by electronic mail, or such 
other means as may be necessary; and, on the first business day of each 
month, the department shall publish on its website a list of all AQNs 
issued within the previous month, including the name and location of 
each AQN issued. The department shall publish a current list of all 
active AQNs on its website quarterly. The department website shall 
prominently display information enabling members of the public to 
contact the department regarding any AQN issued.
    Section 17 of the SIP submittal outlines the compliance and 
enforcement provisions of Part 39. It states that owners or operators 
of Part 39 sources within Albuquerque-Bernalillo County shall comply 
with the requirements in Part 39, whether set forth in their AQN or 
not. These

[[Page 26060]]

provisions include that: Inaccurate or incomplete information in an 
application is a violation of Part 39; any knowing and willful false 
statement in an AQN application is a violation of Part 39; an ES-RICE 
which has been issued an AQN shall be operated for emergency use only 
or as necessary for exercising or maintenance of the engine; the 
director may issue a compliance order requiring compliance and 
assessing a civil penalty not to exceed $15,000.00 per day of 
noncompliance for any violation of any applicable board regulations by 
a Part 39 source, and the director may also commence a civil action in 
district court for appropriate relief, including a temporary and 
permanent injunction. Regarding inspections, the department may conduct 
scheduled and unscheduled inspections to ensure compliance with any 
applicable board regulations. Also, that upon presentation of 
credentials, the department: Shall have a right of entry to, upon, or 
through any premises on which a Part 39 source is located or on which 
any records required to be maintained by any applicable board 
regulations; may at any reasonable time have access to and copy any 
records required to be established and maintained by any applicable 
board regulations; may inspect any monitoring equipment and method 
required by any applicable board regulations; and may sample any 
emissions that are required to be sampled pursuant to any applicable 
board regulations. Regarding credible evidence, any credible evidence 
may be used to establish whether an owner or operator of a Part 39 
source has violated any applicable board regulations. Credible evidence 
and testing shall include but is not limited to: Compliance methods 
specified in any applicable board regulations; or other testing, 
monitoring or information-gathering methods that produce information 
comparable to that produced by any CFR method and approved by the 
department and EPA. Lastly, an owner or operator of a Part 39 source 
who violates an applicable board regulation may be subject to 
enforcement action.
    Title 20.11.41. CONSTRUCTION PERMITS, section 2, of the current SIP 
governs the scope of the Minor NSR program. The County's current SIP 
requires stationary sources with emissions in excess of the limits 
listed in this section to obtain a construction permit, unless the 
source or activity qualifies for an exemption. In this submittal, the 
County revised Part 41, section 2, subsection E(2), to include 
references to new regulation Part 39. Although more than one air 
quality regulation adopted by the board may apply to a stationary 
source, including 20.11.39, 20.11.40, 20.11.60, 20.11.61, 20.11.63, and 
20.11.64 NMAC, nothing in 20.11.41 NMAC shall be construed to require 
more than one permit application for each unit proposed for 
construction or modification. Definitions and provisions included in 
specific federal program regulations shall apply to permit review of 
any regulated air contaminant and source regulated by the federal NSPS, 
NESHAP, prevention of significant deterioration, visibility or 
nonattainment requirements.
    The County also revised section 2 of Part 41 by adding subsection 
G, which allows sources in the two exemption eligible source categories 
to apply for an air quality notification (AQN), which waives certain 
applicability requirements in Part 41. The provision states that an 
owner or operator of an emergency stationary reciprocating internal 
combustion engine or gasoline dispensing facility, as defined in Part 
39, may apply for an air quality notification pursuant to that Part. If 
the department grants an air quality notification, then the source will 
not be required to apply for and obtain a construction permit.

C. CAA 110(l) Analysis

    Each revision to an implementation plan submitted by a state under 
the Clean Air Act shall be adopted by such state after reasonable 
notice and public hearing. The County adopted the proposed revisions 
after reasonable notice and public hearing. CAA section 110(l) also 
states that the Administrator shall not approve a revision of a plan if 
the revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in CAA section 
171), or any other applicable requirement of the Act. For purposes of 
the analysis under CAA section 110(l), we have taken into account the 
overall effect of the revisions included in this action. The County's 
proposed revisions will change the administrative procedure by which 
certain GDF and ES-RICE obtain authorization for construction and 
modification. The County's revisions would basically accomplish a 
procedural change and will cause no change in emission levels or 
controls and will not impact emissions or ambient concentration of any 
compounds. These revisions primarily incorporate regulations to waive 
permit requirements for certain gasoline dispensing facilities (GDF) 
and emergency stationary reciprocating internal combustion engines (ES-
RICE), and to create new procedures for authorizing construction and 
modification of the eligible sources.
    As required by section 110(l) of the CAA, we analyzed the addition 
of these proposed MNSR SIP revisions 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. 
Albuquerque and Bernalillo County are in attainment for all National 
Ambient Air Quality Standards and have been continuously since 1996. 
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 sources have interfered with attainment, RFP, or any other 
requirement of the Act. Bernalillo County is designated attainment for 
all NAAQS pollutants, and the air quality trends provided in the 
monitoring tables below support that the air quality is improving in 
the County. Note that additional air quality data is included in the 
submittal.
    The EPA took into consideration the following air quality trends 
when making the decision to propose that the revisions be approved into 
the SIP:
     Compliance with the 8-hour ozone standard which has 
improved county-wide with ozone pollutant concentrations trending 
downward since the late 1980's. The 8-Hour ozone standard trends are 
listed in Table 1:

                           Table 1--Ozone Data
     [Ozone Design Values (8-hour standard, primary and secondary)]
------------------------------------------------------------------------
   Maximum permissible concentration under 2015 NAAQS: 0.070 parts per
                                 million
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                                                         Design value
                        Year                                 (ppm)
------------------------------------------------------------------------
2006................................................            * 0.073
2007................................................            * 0.073
2008................................................              0.070
2009................................................              0.070
2010................................................              0.068
2011................................................              0.070
2012................................................            * 0.074
2013................................................            * 0.072
2014................................................              0.068
2015................................................              0.066
2016................................................              0.065
------------------------------------------------------------------------
* Data complied with the NAAQS in effect at that time.

     Compliance with the 1-Year NO2 and 1-hour 
NO2 standards has improved county-wide with NO2 
pollutant concentrations trending downward since the late 1990's. The 
1-Year NO2 trends are listed in Table 2:

[[Page 26061]]



                            Table 2--NO2 Data
      [Nitrogen dioxide design values (1-year standard, primary and
                               secondary)]
------------------------------------------------------------------------
Maximum permissible concentration under 1971 NAAQS: 53 parts per billion
                                  (ppb)
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                                                         Design value
                        Year                                 (ppb)
------------------------------------------------------------------------
2006................................................               15.4
2007................................................               14.9
2008................................................               13.2
2009................................................               12.4
2010................................................               12.0
2011................................................               13.3
2012................................................               13.8
2013................................................               11.8
2014................................................               11.7
2015................................................               11.0
2016................................................               10.4
------------------------------------------------------------------------

     Compliance with the 24-hour PM10 standard has 
improved county-wide with PM10 pollutant concentrations 
trending downward since the late 1980's. The 24-Hour PM10 
trends are listed in Table 3:

                           Table 3--PM10 Data
                 [PM10 second highest 24-hour average *]
------------------------------------------------------------------------
 Maximum permissible concentration under 1987 NAAQS: 150 micrograms per
          cubic meter, no more than three exceedances annually
-------------------------------------------------------------------------
                                                        2nd highest 24-
                        Year                          hour average  (mg/
                                                             m\3\)
------------------------------------------------------------------------
2006................................................                148
2007................................................                130
2008................................................                131
2009................................................                113
2010................................................                102
2011................................................                153
2012................................................                145
2013................................................                120
2014................................................                152
2015................................................                106
2016................................................                133
------------------------------------------------------------------------
* Data excludes values flagged for exceptional events.

    As shown by Table 3, PM10 levels in the City/County area 
(as measured by the second highest 24-hour average per year) have 
fluctuated between 102 and 153 micrograms per cubic meter over the last 
decade. However, the overall trend over the last decade is relatively 
stable, below the standard of 150 micrograms per cubic meter generally. 
Albuquerque and Bernalillo County have remained in attainment for the 
PM10 standard during the entire period.
    Table 4 shows PM2.5 compliance with the 24-hour 
standard. Additional data in the submittal show PM2.5 
compliance with the annual standard. As shown in Table 4, 
PM2.5 levels have remained well below the 24-hour standard.

                           Table 4--PM2.5 Data
     [PM2.5 design values (24-hour standard, primary and secondary)]
------------------------------------------------------------------------
  Maximum permissible concentration under 2012 NAAQS: 35 micrograms per
                               cubic meter
-------------------------------------------------------------------------
                                                      Design value  (mg/
                        Year                                 m\3\)
------------------------------------------------------------------------
2006................................................                 19
2007................................................                 18
2008................................................                 17
2009................................................                 16
2010................................................                 15
2011................................................                 23
2012................................................                 26
2013................................................                 27
2014................................................                 20
2015................................................                 18
2016................................................                 19
------------------------------------------------------------------------

    The next table shows carbon monoxide (CO) monitoring results and 
how they compare to the NAAQS. Table 5 shows CO compliance with the 8-
hour CO standard. As shown by Table 5, CO levels have remained well 
below the 8-hour and 1-hour standards.

                            Table 5--CO Data
         [Table of CO design values (8-hour standard. primary)]
------------------------------------------------------------------------
 Maximum permissible concentration under 1971 NAAQS: 9 parts per million
-------------------------------------------------------------------------
                        Year                          Design value (ppm)
------------------------------------------------------------------------
2006................................................                3.0
2007................................................                3.4
2008................................................                3.4
2009................................................                2.6
2010................................................                2.6
2011................................................                2.6
2012................................................                2.2
2013................................................               2. 2
2014................................................                1.2
2015................................................                1.4
2016................................................               1 .9
------------------------------------------------------------------------

    Below, Table 6 shows sulfur dioxide (SO2) monitoring 
results and how they compare to the 1-hour NAAQS. As shown by Table 6, 
SO2 levels have remained well below the NAAQS threshold. 
Because EPA promulgated the standard in 2010 and the design value 
period is three years, the first design value data were not available 
until 2013.

                            Table 6--SO2 Data
[SO2 design values (1-hour standard primary, 3-hour standard secondary)]
------------------------------------------------------------------------
Maximum permissible concentration under 2010 NAAQS: Primary standard: 75
      parts per billion, secondary standard: 0.5 parts per million
-------------------------------------------------------------------------
                                                       Design value (mg/
                        Year                                 m\3\)
------------------------------------------------------------------------
2013................................................                  5
2014................................................                  5
2015................................................                  5
2016................................................                  6
------------------------------------------------------------------------

    Following discussions with Region 6, the Department conducted 
additional research to supplement the submittal. This research 
included: The number of the GDFs in the county which have the potential 
to emit VOC in the ranges of 0-25 tons per year, 25-50 tons per year 
and 50-100 tons per year; and the methodology utilized to calculate VOC 
emissions from these GDF. The Department's historical approach for 
calculating potential VOC emissions utilized the AP-42 Table 5.2-7 
emissions rate factors (June 2008). As part of the EPA Tribal Minor New 
Source Review (NSR) final rule (July 2011), EPA developed new guidance 
for calculating VOC emissions from GDF entitled ``Potential to Emit 
Calculator for Gasoline Dispensing Facilities'' (Final March 23, 2015). 
The Department recently utilized this guidance to recalculate potential 
VOC emissions from their GDF. The results show that all GDF within its 
jurisdiction fall below the current EPA SIP approved minor NSR 
threshold of 25 tons per year or more of any single regulated air 
contaminant.
    Prior to the revision, any source that was subject to New Source 
Performance Standards for Stationary Sources (NSPS) or National 
Emission Standards for Hazardous Air Pollutants (NESHAP) regulations, 
regardless of its potential to emit, was automatically required to 
obtain a permit. This subjected all GDF, regardless of their potential 
to emit, to NSR permitting. As stated in response to a comment received 
during the County's public comment period, ``the revision does not 
remove any existing air quality control requirement or increase air 
pollution. EHD proposes to change the process by which certain sources 
are regulated, not end any regulation of those sources. The result, as 
we have tried to make clear, will be to change one feature of public 
participation in air quality, not end that participation

[[Page 26062]]

altogether.'' \2\ Further, the Department has found that its universe 
of GDF contribute only approximately 0.28% of the VOC in the ambient 
air in the County using the EPA guidance of March 23, 2015. As such, 
their impact on the ozone NAAQS is very minimal.
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    \2\ See Attachment C, 2. Public Comment, of the County's January 
18, 2018 submittal.
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    Regarding ES-RICE, the pollutants which are relevant to NAAQS 
attainment are ozone, NOX, PM, CO and SO2. As 
exhibited in the tables above, Albuquerque and Bernalillo County have 
maintained attainment for the NAAQS for ozone, NOX, PM, CO 
and SO2 for the entire time during which federal emission 
controls for ES-RICE have been in effect. The Department's proposal 
will not change those controls, it will not impact emissions from these 
sources, and will not interfere with attainment of any NAAQS. Emissions 
from ES-RICE will not interfere with NAAQS attainment because they are 
very low and because they contribute so little to the total amount of 
emissions of concern which are relevant for NAAQS compliance, 
particularly when examined in context with the total emissions 
throughout the County. The applicable regulations only permit ES-RICE 
to operate during emergencies, other than the few hours which are 
necessary to maintain the engines. In the Department's experience 
reviewing emission inventory reports for these sources, it estimates 
that the average hours of operation of each ES-RICE in Albuquerque-
Bernalillo County is 24 hours per year. Comparing the annual hours of 
use of emergency engines (average 24 hours) versus regular engines 
which may operate year-round (8,760 hours), ES-RICE engines in 
Albuquerque-Bernalillo County would only produce about 0.3% of the 
impact that the same engine would produce if it were used continuously. 
When using an assumed maximum of 500 hours operation per year for each 
ES-RICE, EPA has previously concluded that a 500 hours per year limit 
would result in emissions of 5.5 tons per year or less from each ES-
RICE. See 78 FR 15296 (March 11, 2013). Comparing this 500 hour per 
year limit to the Department's actual estimates of 24 hours per year, 
each ES-RICE will only emit about 0.26 tons per year. We also note that 
these engines are also subject to 40 CFR part 60 subpart IIII, 
Standards of Performance for Stationary Compression Ignition Internal 
Combustion Engines, 40 CFR part 60, subpart JJJJ, Standards of 
Performance for Hazardous Air Pollutants for Stationary Reciprocating 
Internal Combustion Engines; and 40 CFR part 63 subpart ZZZZ, National 
Emission Standards for Hazardous Air Pollutants for Stationary 
Reciprocating Internal Combustion Engines.
    Since Albuquerque and Bernalillo County have been in attainment for 
all the NAAQS for pollutants emitted by ES-RICEs during the entire 
period that federal and local emission controls for ES-RICE have been 
in effect, and those controls will remain in place, this proposal will 
not interfere with contained attainment of the NAAQS.
    Based on these historical trends and supporting air quality 
monitoring data documenting air quality improvements throughout the 
State, we believe the proposed Minor NSR SIP revision meets the 
requirements of CAA section 110(l) and is consistent with the 
provisions of 40 CFR 51.160(e) which provide state agencies the 
latitude to define the types and sizes of facilities, buildings, 
structures, or installations subject to review. We believe the 
implementation of these rules will not interfere with any applicable 
requirement concerning attainment, reasonable further progress, 
maintaining PSD increment, or any other applicable requirement of the 
CAA.
    Accordingly, the EPA is proposing approval of these revisions under 
section 110 of the Act. The SIP submittal is available in the docket 
and from the EPA Region 6 office.

IV. Proposed Action

    We are proposing to approve the revisions to the City of 
Albuquerque--Bernalillo County Minor NSR program dated January 18, 
2018. EPA is proposing to approve newly adopted MNSR permitting 
regulations which waive permitting requirements for eligible GDF and 
ES-RICE, and create new procedures for authorizing construction and 
modification of these eligible sources. 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 the EPA regulations at 40 CFR 51.160-51.164, and are consistent 
with the laws and regulations for Minor NSR permitting. 40 CFR 
51.160(e) allows state and local agencies to identify the types and 
sizes of facilities, buildings, structures, or installations which will 
be subject to Minor NSR review provided that the submitted plan 
discusses a basis for determining which facilities will be subject to 
review. In addition, the plan must not contain any provisions which 
would violate section 110(l) of the CAA. The County stated in its 
submittal that requiring each exemption eligible GDF and ES-RICE to 
undergo the Minor NSR public notice and participation process had 
become an administrative burden. A large percentage of the County's 
time spent on permitting actions was spent on GDFs and ES-RICEs which 
are responsible for emitting minimal amounts of regulated pollutants 
when compared to the County's entire permitting universe. As explained 
in the 110(l) section of this proposed rule, these sources emit less 
than 1% of the total regulated air pollutant emissions within the 
County. As such, the County is seeking to streamline the process for 
these sources, so that it can spend more time on sources that emit 
regulated pollutants in greater, more consequential amounts. EPA finds 
that the County has provided a reasonable basis for determining that 
these facilities should not be subject to review. Further, as explained 
above, this revision will not result in a violation of CAA section 
110(l). Therefore, under section 110 of the Act, and for the reasons 
presented above, the EPA proposes approval of the revisions to the 
County Minor NSR SIP identified in Table 7 below.
    Table 7 summarizes the changes made to the County's SIP that are 
contained in the SIP revisions dated January 18, 2018. A summary of the 
EPA's evaluation of each substantive section and the basis for this 
action is discussed in Section III of this preamble.

                              Table 7--Summary of the SIP Submittal in This Action
----------------------------------------------------------------------------------------------------------------
                                                                        Submittal
                 Section                            Title                 dates            Proposed action
----------------------------------------------------------------------------------------------------------------
            20.11.39 NMAC--PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES
----------------------------------------------------------------------------------------------------------------
20.11.39.1 NMAC.........................  Issuing Agency...........      01/18/2018  Approval.
20.11.39.2 NMAC.........................  Scope....................      01/18/2018  Approval.

[[Page 26063]]

 
20.11.39.3 NMAC.........................  Statutory Authority......      01/18/2018  Approval.
20.11.39.4 NMAC.........................  Duration.................      01/18/2018  Approval.
20.11.39.5 NMAC.........................  Effective Date...........      01/18/2018  Approval.
20.11.39.6 NMAC.........................  Objective................      01/18/2018  Approval.
20.11.39.7 NMAC.........................  Definitions..............      01/18/2018  Approval.
20.11.39.8 NMAC.........................  Variances................      01/18/2018  Approval.
20.11.39.9 NMAC.........................  Savings Clause...........      01/18/2018  Approval.
20.11.39.10 NMAC........................  Severability.............      01/18/2018  Approval.
20.11.39.11 NMAC........................  Documents................      01/18/2018  Approval.
20.11.39.12 NMAC........................  Permit Waivers...........      01/18/2018  Approval.
20.11.39.13 NMAC........................  Requirements for Source        01/18/2018  Approval.
                                           Categories to Which Part
                                           39 Applies.
20.11.39.14 NMAC........................  Air Quality Notification       01/18/2018  Approval.
                                           Application.
20.11.39.15 NMAC........................  AQN Application Review...      01/18/2018  Approval.
20.11.39.16 NMAC........................  Transfer of Prior              01/18/2018  Approval.
                                           Authorizations to AQNs.
20.11.39.17 NMAC........................  Compliance and                 01/18/2018  Approval.
                                           Enforcement.
20.11.39.18 NMAC........................  Amending and Air Quality       01/18/2018  Approval.
                                           Notification.
20.11.39.19 NMAC........................  Fees.....................      01/18/2018  Approval.
20.11.39.20 NMAC........................  AQN Cancellation.........      01/18/2018  Approval.
----------------------------------------------------------------------------------------------------------------
                                       20.11.41 NMAC--CONSTRUCTION PERMITS
----------------------------------------------------------------------------------------------------------------
20.11.41.2(E)(2) NMAC...................  Additional Permit              01/18/2018  Approval.
                                           Requirements.
20.11.41.2(G) NMAC......................  Permissive Waiver........      01/18/2018  Approval.
----------------------------------------------------------------------------------------------------------------

V. 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 revisions to the Albuquerque/Bernalillo County, New Mexico 
regulations, as described in the Proposed Action section above. We have 
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 (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

VI. 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:
     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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

     Dated: May 28, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-11662 Filed 6-4-19; 8:45 am]
 BILLING CODE 6560-50-P