80_FR_52169 80 FR 52003 - Approval and Promulgation of Implementation Plans; New Mexico; Nonattainment New Source Review Permitting State Implementation Plan Revisions for the City of Albuquerque-Bernalillo County

80 FR 52003 - Approval and Promulgation of Implementation Plans; New Mexico; Nonattainment New Source Review Permitting State Implementation Plan Revisions for the City of Albuquerque-Bernalillo County

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 166 (August 27, 2015)

Page Range52003-52005
FR Document2015-20898

The Environmental Protection Agency (EPA) is proposing to approve revisions to the New Mexico State Implementation Plan (SIP) for the City of Albuquerque-Bernalillo County. These revisions provide updates to the City of Albuquerque-Bernalillo County major Nonattainment New Source Review (NNSR) permit program. The EPA is proposing this action under section 110 and part D of the Clean Air Act (CAA or the Act).

Federal Register, Volume 80 Issue 166 (Thursday, August 27, 2015)
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 52003-52005]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20898]



[[Page 52003]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0648; FRL-9931-31-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Nonattainment New Source Review Permitting State Implementation Plan 
Revisions for the City of Albuquerque-Bernalillo County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the New Mexico State Implementation Plan (SIP) for 
the City of Albuquerque-Bernalillo County. These revisions provide 
updates to the City of Albuquerque-Bernalillo County major 
Nonattainment New Source Review (NNSR) permit program. The EPA is 
proposing this action under section 110 and part D of the Clean Air Act 
(CAA or the Act).

DATES: Comments must be received on or before September 28, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2009-0648, by one of the following methods:
     http://www.regulations.gov. Follow the online 
instructions.
     Email: Ms. Erica Le Doux at [email protected].
     Mail or delivery: Ms. Erica Le Doux, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2009-0648. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment along with any disk or 
CD-ROM submitted. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters and any form of encryption and should be free of 
any defects or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Erica Le Doux, (214) 665-7265, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Le Doux or Mr. Bill Deese at (214) 
665-7253.

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

I. Background

    The Act at section 110(a)(2)(C) requires states to develop and 
submit to the EPA for approval into the state SIP, preconstruction 
review programs applicable to new and modified stationary sources of 
air pollutants for attainment 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), NNSR, and 
Minor NSR. PSD is established in part C of title I of the CAA and 
applies in areas that are designated as meeting the National Ambient 
Air Quality Standards (NAAQS), i.e., ``attainment areas'', as well as 
areas designated as ``unclassifiable'' because there is insufficient 
information to determine if the area meets the NAAQS. The NNSR SIP 
program is established in part D of title I of the CAA and applies in 
areas that are designated as not being in attainment of the NAAQS, 
i.e., ``nonattainment areas.'' The Minor NSR SIP program addresses 
construction or modification activities that do not emit, or have the 
potential to emit, beyond certain major source thresholds and thus do 
not qualify as ``major'' and applies regardless of the designation of 
the area in which a source is located. The revisions to 20.11.60 NMAC 
submitted on August 16, 2010 and July 26, 2013 were submitted as 
revisions to the City of Albuquerque-Bernalillo County NNSR permit 
program and will be evaluated against the requirements for NNSR 
programs at 40 CFR 51.160-51.165.

A. August 16, 2010, Submittal

    On August 16, 2010, the Governor Bill Richardson submitted 
revisions to the New Mexico SIP that incorporated revisions to the NMAC 
for the City of Albuquerque-Bernalillo County. The August 16, 2010, 
submittal includes final revised regulation sections 1, 2, 6, 7, 12 
through 27 (including five new additional sections) in 20.11.60 NMAC, 
Permitting in Nonattainment Areas. The updates that were accepted by 
the Albuquerque-Bernalillo County Air Quality Control Board constitutes 
the integration of language that is consistent with federal NNSR 
permitting regulations.

B. July 26, 2013, Submittal

    On July 26, 2013, the designee of the Governor, New Mexico 
Environment Department Cabinet Secretary, Ryan Flynn, submitted 
revisions to the SIP. This SIP submittal incorporated revisions to the 
NMAC for the City of Albuquerque-Bernalillo County. It includes final 
revised regulation sections 6, 7, 12, 13, and 15 in 20.11.60 NMAC, 
Permitting in Nonattainment Areas. The updates that were accepted by 
the Albuquerque-Bernalillo County Air Quality Control Board constitutes 
the integration of language that is consistent with federal NNSR 
permitting regulations.

C. What is not included in today's proposed action?

    The EPA also received in the August 16, 2010 submittal revisions to 
regulations within 20.11.61 NMAC--Prevention of Significant 
Deterioration (PSD) permitting program and Infrastructure SIP for 
Particulate Matter less than 2.5 Micrometers (PM2.5) and 
Ozone (O3). In the July 26, 2013 submittals, revisions to 
regulations within 20.11.61 NMAC-PSD permitting program and 20.11.42 
NMAC--Operating Permits were also included. The revisions to 20.11.61 
NMAC were submitted as revisions to the New

[[Page 52004]]

Mexico SIP. The 20.11.42 NMAC revisions were submitted as an update the 
title V program. As part of this review, EPA is taking action only on 
the submitted revisions to 20.11.60 NMAC. We are addressing the amended 
regulations in 20.11.61 NMAC as part of separate SIP action (See 80 FR 
28901); for the revisions to 20.11.42 NMAC, it will be addressed 
separately in a later action to update the NM title V program.

II. The EPA's Evaluation

    The current SIP-approved version of 20.11.60 NMAC, Permitting in 
Nonattainment Areas, was last approved by EPA on April 26, 2007, and 
became effective on May 29, 2007. See 72 FR 20728. Substantive 
revisions to the City of Albuquerque-Bernalillo County NNSR program 
amend the existing state regulations to address the following federal 
NNSR requirements promulgated by the EPA:
     Implementation of the NSR Program for PM2.5 (73 
FR 28321);
     PSD for PM2.5-Increments, Significant Impact 
Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 
64864);
     Final Rule to Implement the 8-hour Ozone (O3) 
NAAQS-Phase 2; Final Rule to Implement Certain Aspects of the 1990 
Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide 
(CO), PM and O3 NAAQS (70 FR 71612);
     PSD and NNSR: Reasonable Possibility in Recordkeeping (72 
FR 72607); and
     PSD and NNSR: Reconsideration of Inclusion of Fugitive 
Rule; Interim Rule; Stay and Revisions (76 FR 17548).
    Further, the amendments contained in the two submittals revise the 
rules to conform to the latest changes to New Mexico Air Code for the 
City of Albuquerque-Bernalillo County laws which must continue to meet 
minimum federal requirements and include grammatical and formatting 
corrections. In addition, more headings were added to provide clarity 
to the rules.
    The EPA's evaluation of the revisions to the New Mexico SIP for the 
City of Albuquerque-Bernalillo County NNSR program included a line-by-
line comparison in the TSD of the proposed revisions with the federal 
requirements. State and local permitting authorities may meet the 
requirements of 40 CFR part 51 with different but equivalent 
regulations. While some permitting authorities choose to incorporate by 
reference the applicable federal rules, other permitting authorities 
(such as the City of Albuquerque-Bernalillo County) choose to draft 
rules that track the federal language but contain differences. We found 
that in most cases, the state regulatory language is identical to the 
federal rule. Where the rules are not identical, they are at least 
consistent and support the federal rules and definitions. The EPA is 
therefore making a preliminary determination that the City of 
Albuquerque-Bernalillo County has adopted the necessary elements for 
the NNSR program to comply with the federal regulatory requirements for 
implementation of the PM2.5 and O3 NAAQS.

III. Proposed Action

    We evaluated and are proposing to approve the revisions to 20.11.60 
NMAC submitted for SIP inclusion on August 16, 2010 and July 26, 2013. 
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 are consistent with the EPA's regulations 
for NNSR permitting at 40 CFR 51.160-51.165. Therefore, under section 
110 and part D of the Act, and for the reasons presented above and our 
accompanying TSD, the EPA proposes to fully approve the specific 
revisions to the New Mexico SIP for the City of Albuquerque-Bernalillo 
County as identified below.
     Revisions to 20.11.60.1 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.2 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.6 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     Revisions to 20.11.60.7 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     Revisions to 20.11.60.12 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     Revisions to 20.11.60.13 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     New 20.11.60.14 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     New 20.11.60.15 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010; and adopted on April 10, 2013 and 
submitted on July 26, 2013
     New 20.11.60.16 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     Revisions to 20.11.60.17 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.18 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     New 20.11.60.19 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     New 11.60.20 NMAC as adopted on July 14, 2010 and 
submitted on August 16, 2010;
     Revisions to 20.11.60.21 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.22 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.23 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.24 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.25 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.26 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
     Revisions to 20.11.60.27 NMAC as adopted on July 14, 2010 
and submitted on August 16, 2010;
    The EPA is proposing to find that the August 16, 2010 and July 26, 
2013, submittals together addresses all required NNSR elements for the 
implementation of the 8-hour ozone NAAQS and the 1997 and 2006 
PM2.5 NAAQS. We note that the City of Albuquerque-Bernalillo 
County NNSR program does not include regulation of VOCs and ammonia as 
PM2.5 precursors. However, section 189(e) of the Act 
requires regulation of PM2.5 precursors that significantly 
contribute to PM2.5 levels ``which exceed the standard in 
the area'' and PM2.5 levels in the City of Albuquerque-
Bernalillo County do not currently exceed the standard. In the event 
that an area is designated nonattainment for the 2012 PM2.5 
NAAQS or any other future PM2.5 NAAQS, New Mexico for the 
City of Albuquerque-Bernalillo County will have a deadline under 
section 189(a)(2) of the CAA to make a submission addressing the 
statutory requirements as to that area, including the requirements in 
section 189(e) that apply to the regulation of PM2.5 
precursors.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference

[[Page 52005]]

revisions to the New Mexico State regulations for the City of 
Albuquerque-Bernalillo County 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/or 
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. See, 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

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

    Dated: August 12, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-20898 Filed 8-26-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules                                          52003

                                                 ENVIRONMENTAL PROTECTION                                going through http://                                 ‘‘nonattainment areas.’’ The Minor NSR
                                                 AGENCY                                                  www.regulations.gov, your email                       SIP program addresses construction or
                                                                                                         address will be automatically captured                modification activities that do not emit,
                                                 40 CFR Part 52                                          and included as part of the comment                   or have the potential to emit, beyond
                                                 [EPA–R06–OAR–2009–0648; FRL–9931–31–                    that is placed in the public docket and               certain major source thresholds and
                                                 Region 6]                                               made available on the Internet. If you                thus do not qualify as ‘‘major’’ and
                                                                                                         submit an electronic comment, the EPA                 applies regardless of the designation of
                                                 Approval and Promulgation of                            recommends that you include your                      the area in which a source is located.
                                                 Implementation Plans; New Mexico;                       name and other contact information in                 The revisions to 20.11.60 NMAC
                                                 Nonattainment New Source Review                         the body of your comment along with                   submitted on August 16, 2010 and July
                                                 Permitting State Implementation Plan                    any disk or CD–ROM submitted. If the                  26, 2013 were submitted as revisions to
                                                 Revisions for the City of Albuquerque-                  EPA cannot read your comment due to                   the City of Albuquerque-Bernalillo
                                                 Bernalillo County                                       technical difficulties and cannot contact             County NNSR permit program and will
                                                                                                         you for clarification, the EPA may not                be evaluated against the requirements
                                                 AGENCY:  Environmental Protection                                                                             for NNSR programs at 40 CFR 51.160–
                                                                                                         be able to consider your comment.
                                                 Agency (EPA).                                                                                                 51.165.
                                                                                                         Electronic files should avoid the use of
                                                 ACTION: Proposed rule.                                  special characters and any form of                    A. August 16, 2010, Submittal
                                                 SUMMARY:    The Environmental Protection                encryption and should be free of any
                                                                                                         defects or viruses.                                      On August 16, 2010, the Governor Bill
                                                 Agency (EPA) is proposing to approve                                                                          Richardson submitted revisions to the
                                                 revisions to the New Mexico State                          Docket: The index to the docket for
                                                                                                         this action is available electronically at            New Mexico SIP that incorporated
                                                 Implementation Plan (SIP) for the City                                                                        revisions to the NMAC for the City of
                                                 of Albuquerque-Bernalillo County.                       www.regulations.gov and in hard copy
                                                                                                         at EPA Region 6, 1445 Ross Avenue,                    Albuquerque-Bernalillo County. The
                                                 These revisions provide updates to the                                                                        August 16, 2010, submittal includes
                                                 City of Albuquerque-Bernalillo County                   Suite 700, Dallas, Texas. While all
                                                                                                         documents in the docket are listed in                 final revised regulation sections 1, 2, 6,
                                                 major Nonattainment New Source                                                                                7, 12 through 27 (including five new
                                                 Review (NNSR) permit program. The                       the index, some information may be
                                                                                                         publicly available only at the hard copy              additional sections) in 20.11.60 NMAC,
                                                 EPA is proposing this action under                                                                            Permitting in Nonattainment Areas. The
                                                 section 110 and part D of the Clean Air                 location (e.g., copyrighted material), and
                                                                                                         some may not be publicly available at                 updates that were accepted by the
                                                 Act (CAA or the Act).                                                                                         Albuquerque-Bernalillo County Air
                                                 DATES: Comments must be received on
                                                                                                         either location (e.g., CBI).
                                                                                                                                                               Quality Control Board constitutes the
                                                 or before September 28, 2015.                           FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                               integration of language that is consistent
                                                 ADDRESSES: Submit your comments,
                                                                                                         Erica Le Doux, (214) 665–7265,
                                                                                                                                                               with federal NNSR permitting
                                                 identified by Docket ID No. EPA–R06–                    ledoux.erica@epa.gov. To inspect the
                                                                                                                                                               regulations.
                                                 OAR–2009–0648, by one of the                            hard copy materials, please schedule an
                                                 following methods:                                      appointment with Ms. Le Doux or Mr.                   B. July 26, 2013, Submittal
                                                    • http://www.regulations.gov. Follow                 Bill Deese at (214) 665–7253.                           On July 26, 2013, the designee of the
                                                 the online instructions.                                SUPPLEMENTARY INFORMATION:                            Governor, New Mexico Environment
                                                    • Email: Ms. Erica Le Doux at                        Throughout this document whenever                     Department Cabinet Secretary, Ryan
                                                 ledoux.erica@epa.gov.                                   ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           Flynn, submitted revisions to the SIP.
                                                    • Mail or delivery: Ms. Erica Le Doux,               the EPA.                                              This SIP submittal incorporated
                                                 Air Permits Section (6PD–R),                                                                                  revisions to the NMAC for the City of
                                                                                                         I. Background
                                                 Environmental Protection Agency, 1445                                                                         Albuquerque-Bernalillo County. It
                                                 Ross Avenue, Suite 1200, Dallas, Texas                     The Act at section 110(a)(2)(C)                    includes final revised regulation
                                                 75202–2733.                                             requires states to develop and submit to              sections 6, 7, 12, 13, and 15 in 20.11.60
                                                    Instructions: Direct your comments to                the EPA for approval into the state SIP,              NMAC, Permitting in Nonattainment
                                                 Docket ID No. EPA–R06–OAR–2009–                         preconstruction review programs                       Areas. The updates that were accepted
                                                 0648. The EPA’s policy is that all                      applicable to new and modified                        by the Albuquerque-Bernalillo County
                                                 comments received will be included in                   stationary sources of air pollutants for              Air Quality Control Board constitutes
                                                 the public docket without change and                    attainment and nonattainment areas that               the integration of language that is
                                                 may be made available online at                         cover both major and minor new                        consistent with federal NNSR
                                                 http://www.regulations.gov, including                   sources and modifications, collectively               permitting regulations.
                                                 any personal information provided,                      referred to as the NSR SIP. The CAA
                                                 unless the comment includes                             NSR SIP program is composed of three                  C. What is not included in today’s
                                                 information claimed to be Confidential                  separate programs: Prevention of                      proposed action?
                                                 Business Information (CBI) or other                     Significant Deterioration (PSD), NNSR,                  The EPA also received in the August
                                                 information the disclosure of which is                  and Minor NSR. PSD is established in                  16, 2010 submittal revisions to
                                                 restricted by statute. Do not submit                    part C of title I of the CAA and applies              regulations within 20.11.61 NMAC—
                                                 information through http://                             in areas that are designated as meeting               Prevention of Significant Deterioration
                                                 www.regulations.gov or email, if you                    the National Ambient Air Quality                      (PSD) permitting program and
                                                 believe that it is CBI or otherwise                     Standards (NAAQS), i.e., ‘‘attainment                 Infrastructure SIP for Particulate Matter
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 protected from disclosure. The http://                  areas’’, as well as areas designated as               less than 2.5 Micrometers (PM2.5) and
                                                 www.regulations.gov Web site is an                      ‘‘unclassifiable’’ because there is                   Ozone (O3). In the July 26, 2013
                                                 ‘‘anonymous access’’ system, which                      insufficient information to determine if              submittals, revisions to regulations
                                                 means that the EPA will not know your                   the area meets the NAAQS. The NNSR                    within 20.11.61 NMAC–PSD permitting
                                                 identity or contact information unless                  SIP program is established in part D of               program and 20.11.42 NMAC—
                                                 you provide it in the body of your                      title I of the CAA and applies in areas               Operating Permits were also included.
                                                 comment. If you send an email                           that are designated as not being in                   The revisions to 20.11.61 NMAC were
                                                 comment directly to the EPA without                     attainment of the NAAQS, i.e.,                        submitted as revisions to the New


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                                                 52004                 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules

                                                 Mexico SIP. The 20.11.42 NMAC                           regulatory language is identical to the                 • Revisions to 20.11.60.17 NMAC as
                                                 revisions were submitted as an update                   federal rule. Where the rules are not                 adopted on July 14, 2010 and submitted
                                                 the title V program. As part of this                    identical, they are at least consistent               on August 16, 2010;
                                                 review, EPA is taking action only on the                and support the federal rules and                       • Revisions to 20.11.60.18 NMAC as
                                                 submitted revisions to 20.11.60 NMAC.                   definitions. The EPA is therefore                     adopted on July 14, 2010 and submitted
                                                 We are addressing the amended                           making a preliminary determination                    on August 16, 2010;
                                                 regulations in 20.11.61 NMAC as part of                 that the City of Albuquerque-Bernalillo                 • New 20.11.60.19 NMAC as adopted
                                                 separate SIP action (See 80 FR 28901);                  County has adopted the necessary                      on July 14, 2010 and submitted on
                                                 for the revisions to 20.11.42 NMAC, it                  elements for the NNSR program to                      August 16, 2010;
                                                 will be addressed separately in a later                 comply with the federal regulatory                      • New 11.60.20 NMAC as adopted on
                                                 action to update the NM title V program.                requirements for implementation of the                July 14, 2010 and submitted on August
                                                                                                         PM2.5 and O3 NAAQS.                                   16, 2010;
                                                 II. The EPA’s Evaluation                                                                                        • Revisions to 20.11.60.21 NMAC as
                                                    The current SIP-approved version of                  III. Proposed Action                                  adopted on July 14, 2010 and submitted
                                                 20.11.60 NMAC, Permitting in                              We evaluated and are proposing to                   on August 16, 2010;
                                                 Nonattainment Areas, was last approved                  approve the revisions to 20.11.60 NMAC                  • Revisions to 20.11.60.22 NMAC as
                                                 by EPA on April 26, 2007, and became                    submitted for SIP inclusion on August                 adopted on July 14, 2010 and submitted
                                                 effective on May 29, 2007. See 72 FR                    16, 2010 and July 26, 2013. The EPA has               on August 16, 2010;
                                                 20728. Substantive revisions to the City                made the preliminary determination                      • Revisions to 20.11.60.23 NMAC as
                                                 of Albuquerque-Bernalillo County                        that the revisions are approvable                     adopted on July 14, 2010 and submitted
                                                 NNSR program amend the existing state                   because the submitted rules are adopted               on August 16, 2010;
                                                 regulations to address the following                    and submitted in accordance with the                    • Revisions to 20.11.60.24 NMAC as
                                                 federal NNSR requirements                               CAA and are consistent with the EPA’s                 adopted on July 14, 2010 and submitted
                                                 promulgated by the EPA:                                 regulations for NNSR permitting at 40                 on August 16, 2010;
                                                    • Implementation of the NSR Program                  CFR 51.160–51.165. Therefore, under                     • Revisions to 20.11.60.25 NMAC as
                                                 for PM2.5 (73 FR 28321);                                section 110 and part D of the Act, and                adopted on July 14, 2010 and submitted
                                                    • PSD for PM2.5-Increments,                          for the reasons presented above and our               on August 16, 2010;
                                                 Significant Impact Levels (SILs) and                                                                            • Revisions to 20.11.60.26 NMAC as
                                                                                                         accompanying TSD, the EPA proposes
                                                 Significant Monitoring Concentration                                                                          adopted on July 14, 2010 and submitted
                                                                                                         to fully approve the specific revisions to
                                                 (SMC) (75 FR 64864);                                                                                          on August 16, 2010;
                                                                                                         the New Mexico SIP for the City of
                                                    • Final Rule to Implement the 8-hour                                                                         • Revisions to 20.11.60.27 NMAC as
                                                                                                         Albuquerque-Bernalillo County as
                                                 Ozone (O3) NAAQS-Phase 2; Final Rule                                                                          adopted on July 14, 2010 and submitted
                                                                                                         identified below.
                                                 to Implement Certain Aspects of the                                                                           on August 16, 2010;
                                                                                                           • Revisions to 20.11.60.1 NMAC as                     The EPA is proposing to find that the
                                                 1990 Amendments Relating to NSR and                     adopted on July 14, 2010 and submitted
                                                 PSD as They Apply to Carbon Monoxide                                                                          August 16, 2010 and July 26, 2013,
                                                                                                         on August 16, 2010;                                   submittals together addresses all
                                                 (CO), PM and O3 NAAQS (70 FR 71612);
                                                                                                           • Revisions to 20.11.60.2 NMAC as
                                                    • PSD and NNSR: Reasonable                                                                                 required NNSR elements for the
                                                                                                         adopted on July 14, 2010 and submitted                implementation of the 8-hour ozone
                                                 Possibility in Recordkeeping (72 FR
                                                                                                         on August 16, 2010;                                   NAAQS and the 1997 and 2006 PM2.5
                                                 72607); and
                                                    • PSD and NNSR: Reconsideration of                     • Revisions to 20.11.60.6 NMAC as                   NAAQS. We note that the City of
                                                 Inclusion of Fugitive Rule; Interim Rule;               adopted on July 14, 2010 and submitted                Albuquerque-Bernalillo County NNSR
                                                 Stay and Revisions (76 FR 17548).                       on August 16, 2010; and adopted on                    program does not include regulation of
                                                    Further, the amendments contained in                 April 10, 2013 and submitted on July                  VOCs and ammonia as PM2.5 precursors.
                                                 the two submittals revise the rules to                  26, 2013                                              However, section 189(e) of the Act
                                                 conform to the latest changes to New                      • Revisions to 20.11.60.7 NMAC as                   requires regulation of PM2.5 precursors
                                                 Mexico Air Code for the City of                         adopted on July 14, 2010 and submitted                that significantly contribute to PM2.5
                                                 Albuquerque-Bernalillo County laws                      on August 16, 2010; and adopted on                    levels ‘‘which exceed the standard in
                                                 which must continue to meet minimum                     April 10, 2013 and submitted on July                  the area’’ and PM2.5 levels in the City of
                                                 federal requirements and include                        26, 2013                                              Albuquerque-Bernalillo County do not
                                                 grammatical and formatting corrections.                   • Revisions to 20.11.60.12 NMAC as                  currently exceed the standard. In the
                                                 In addition, more headings were added                   adopted on July 14, 2010 and submitted                event that an area is designated
                                                 to provide clarity to the rules.                        on August 16, 2010; and adopted on                    nonattainment for the 2012 PM2.5
                                                    The EPA’s evaluation of the revisions                April 10, 2013 and submitted on July                  NAAQS or any other future PM2.5
                                                 to the New Mexico SIP for the City of                   26, 2013                                              NAAQS, New Mexico for the City of
                                                 Albuquerque-Bernalillo County NNSR                        • Revisions to 20.11.60.13 NMAC as                  Albuquerque-Bernalillo County will
                                                 program included a line-by-line                         adopted on July 14, 2010 and submitted                have a deadline under section 189(a)(2)
                                                 comparison in the TSD of the proposed                   on August 16, 2010; and adopted on                    of the CAA to make a submission
                                                 revisions with the federal requirements.                April 10, 2013 and submitted on July                  addressing the statutory requirements as
                                                 State and local permitting authorities                  26, 2013                                              to that area, including the requirements
                                                 may meet the requirements of 40 CFR                       • New 20.11.60.14 NMAC as adopted                   in section 189(e) that apply to the
                                                 part 51 with different but equivalent                   on July 14, 2010 and submitted on                     regulation of PM2.5 precursors.
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 regulations. While some permitting                      August 16, 2010;
                                                 authorities choose to incorporate by                      • New 20.11.60.15 NMAC as adopted                   IV. Incorporation by Reference
                                                 reference the applicable federal rules,                 on July 14, 2010 and submitted on                       In this action, we are proposing to
                                                 other permitting authorities (such as the               August 16, 2010; and adopted on April                 include in a final rule regulatory text
                                                 City of Albuquerque-Bernalillo County)                  10, 2013 and submitted on July 26, 2013               that includes incorporation by
                                                 choose to draft rules that track the                      • New 20.11.60.16 NMAC as adopted                   reference. In accordance with the
                                                 federal language but contain differences.               on July 14, 2010 and submitted on                     requirements of 1 CFR 51.5, we are
                                                 We found that in most cases, the state                  August 16, 2010;                                      proposing to incorporate by reference


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                                                                       Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules                                         52005

                                                 revisions to the New Mexico State                          In addition, the SIP is not approved               fish holds to be empty of fish before
                                                 regulations for the City of Albuquerque-                to apply on any Indian reservation land               vessels depart on a herring trip and
                                                 Bernalillo County as described in the                   or in any other area where EPA or an                  seeks public comment on specific issues
                                                 Proposed Action section above. We have                  Indian tribe has demonstrated that a                  with these measures identified by
                                                 made, and will continue to make, these                  tribe has jurisdiction. In those areas of             NMFS. Lastly, NMFS proposes minor
                                                 documents generally available                           Indian country, the proposed rule does                corrections to existing regulations.
                                                 electronically through                                  not have tribal implications and will not             DATES: Public comments must be
                                                 www.regulations.gov and/or in hard                      impose substantial direct costs on tribal             received by September 28, 2015.
                                                 copy at the EPA Region 6 office.                        governments or preempt tribal law as                  ADDRESSES: The New England Fishery
                                                                                                         specified by Executive Order 13175 (65                Management Council developed an
                                                 V. Statutory and Executive Order
                                                                                                         FR 67249, November 9, 2000).                          environmental assessment (EA) for this
                                                 Reviews
                                                                                                         List of Subjects in 40 CFR Part 52                    action that describes the proposed
                                                    Under the CAA, the Administrator is
                                                                                                                                                               action and other considered alternatives
                                                 required to approve a SIP submission                      Environmental protection, Air                       and provides a thorough analysis of the
                                                 that complies with the provisions of the                pollution control, Carbon monoxide,                   impacts of the proposed measures and
                                                 CAA and applicable Federal regulations.                 Incorporation by reference,                           alternatives. Copies of the framework,
                                                 See, 42 U.S.C. 7410(k); 40 CFR 52.02(a).                Intergovernmental relations, Nitrogen                 the EA, and the Regulatory Impact
                                                 Thus, in reviewing SIP submissions,                     dioxide, Particulate matter, Reporting                Review (RIR)/Initial Regulatory
                                                 EPA’s role is to approve state choices,                 and recordkeeping requirements, Sulfur                Flexibility Analysis (IRFA), are
                                                 provided that they meet the criteria of                 oxides.                                               available upon request from Thomas A.
                                                 the CAA. Accordingly, this action                         Authority: 42 U.S.C. 7401 et seq.                   Nies, Executive Director, New England
                                                 merely proposes to approve state law as
                                                                                                           Dated: August 12, 2015.                             Fishery Management Council, 50 Water
                                                 meeting Federal requirements and does
                                                                                                         Ron Curry,                                            Street, Newburyport, MA 01950. The
                                                 not impose additional requirements
                                                                                                         Regional Administrator, Region 6.                     EA/RIR/IRFA is accessible via the
                                                 beyond those imposed by state law. For
                                                                                                                                                               Internet at
                                                 that reason, this action:                               [FR Doc. 2015–20898 Filed 8–26–15; 8:45 am]
                                                    • Is not a ‘‘significant regulatory                                                                        www.greateratlantic.fisheries.noaa.gov.
                                                                                                         BILLING CODE 6560–50–P
                                                 action’’ subject to review by the Office                                                                         You may submit comments on this
                                                 of Management and Budget under                                                                                document, identified by NOAA–NMFS–
                                                 Executive Order 12866 (58 FR 51735,                                                                           2015–0067, by any of the following
                                                                                                         DEPARTMENT OF COMMERCE                                methods:
                                                 October 4, 1993);
                                                    • Does not impose an information                                                                              • Electronic Submission: Submit all
                                                                                                         National Oceanic and Atmospheric                      electronic public comments via the
                                                 collection burden under the provisions                  Administration
                                                 of the Paperwork Reduction Act (44                                                                            Federal e-Rulemaking Portal. Go to
                                                 U.S.C. 3501 et seq.);                                                                                         www.regulations.gov/
                                                                                                         50 CFR Part 648                                       #!docketDetail;D=NOAA-NMFS-2015-
                                                    • Is certified as not having a
                                                 significant economic impact on a                        [Docket No. 150304214–5660–01]                        0067, click the ‘‘Comment Now!’’ icon,
                                                 substantial number of small entities                                                                          complete the required fields, and enter
                                                                                                         RIN 0648–BE94
                                                 under the Regulatory Flexibility Act (5                                                                       or attach your comments.
                                                 U.S.C. 601 et seq.);                                    Fisheries of the Northeastern United                     • Mail: John K. Bullard, Regional
                                                    • Does not contain any unfunded                      States; Atlantic Herring Fishery;                     Administrator, NMFS, Northeast
                                                 mandate or significantly or uniquely                    Framework Adjustment 4                                Regional Office, 55 Great Republic
                                                 affect small governments, as described                                                                        Drive, Gloucester, MA 01930. Mark the
                                                 in the Unfunded Mandates Reform Act                     AGENCY:  National Marine Fisheries                    outside of the envelope, ‘‘Comments on
                                                 of 1995 (Pub. L. 104–4);                                Service (NMFS), National Oceanic and                  the Herring Framework Adjustment 4
                                                    • Does not have Federalism                           Atmospheric Administration (NOAA),                    Proposed Rule.’’
                                                 implications as specified in Executive                  Commerce.                                                • Fax: (978) 281–9135, Attn: Carrie
                                                 Order 13132 (64 FR 43255, August 10,                    ACTION: Proposed rule, request for                    Nordeen.
                                                 1999);                                                  comments.                                                Instructions: Comments sent by any
                                                    • Is not an economically significant                                                                       other method, to any other address or
                                                 regulatory action based on health or                    SUMMARY:   NMFS proposes management                   individual, or received after the end of
                                                 safety risks subject to Executive Order                 measures recommended by the New                       the comment period, may not be
                                                 13045 (62 FR 19885, April 23, 1997);                    England Fishery Management Council                    considered by NMFS. All comments
                                                    • Is not a significant regulatory action             in Framework Adjustment 4 to the                      received are a part of the public record
                                                 subject to Executive Order 13211 (66 FR                 Atlantic Herring Fishery Management                   and will generally be posted for public
                                                 28355, May 22, 2001);                                   Plan to further enhance catch                         viewing on www.regulations.gov
                                                    • Is not subject to requirements of                  monitoring and address discarding in                  without change. All personal identifying
                                                 section 12(d) of the National                           the herring fishery. NMFS proposes                    information (e.g., name, address, etc.),
                                                 Technology Transfer and Advancement                     measures that would clarify the slippage              confidential business information, or
                                                 Act of 1995 (15 U.S.C. 272 note) because                definition (i.e., discarding catch before             otherwise sensitive information
                                                 application of those requirements would                 it has been sampled by an observer),                  submitted voluntarily by the sender will
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 be inconsistent with the CAA; and                       require limited access herring vessels to             be publicly accessible. NMFS will
                                                    • Does not provide EPA with the                      report slippage via the daily vessel                  accept anonymous comments (enter ‘‘N/
                                                 discretionary authority to address, as                  monitoring system catch report, and                   A’’ in the required fields if you wish to
                                                 appropriate, disproportionate human                     require slippage consequence measures.                remain anonymous).
                                                 health or environmental effects, using                  NMFS also proposes management                            Written comments regarding the
                                                 practicable and legally permissible                     measures recommended by the Council                   burden-hour estimates or other aspects
                                                 methods, under Executive Order 12898                    in Framework 4 that would require                     of the collection-of-information
                                                 (59 FR 7629, February 16, 1994).                        volumetric estimates of total catch and               requirements contained in this proposed


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Document Created: 2015-12-15 10:52:51
Document Modified: 2015-12-15 10:52:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before September 28, 2015.
ContactMs. Erica Le Doux, (214) 665-7265, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Le Doux or Mr. Bill Deese at (214) 665-7253.
FR Citation80 FR 52003 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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