[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)]
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Maximum permissible concentration under 2015 NAAQS: 0.070 parts per
million
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Design value
Year (ppm)
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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
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* 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)]
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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
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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 *]
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Maximum permissible concentration under 1987 NAAQS: 150 micrograms per
cubic meter, no more than three exceedances annually
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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
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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)]
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Maximum permissible concentration under 1971 NAAQS: 9 parts per million
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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
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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]
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