80 FR 52399 - Air Plan Approval; Michigan; Michigan State Board Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 168 (August 31, 2015)

Page Range		52399-52401
FR Document		2015-21426

Pursuant to its authority under the Clean Air Act (CAA), EPA is taking final action to approve a state implementation plan (SIP) submission made by the Michigan Department of Environmental Quality (MDEQ) intended to meet the state board requirements under section 128 of the CAA. The proposed rule associated with this final action was published on June 24, 2015.

Federal Register, Volume 80 Issue 168 (Monday, August 31, 2015)

[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Rules and Regulations]
[Pages 52399-52401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21426]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0657; FRL-9933-11--Region 5]


Air Plan Approval; Michigan; Michigan State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to its authority under the Clean Air Act (CAA), EPA 
is taking final action to approve a state implementation plan (SIP) 
submission made by the Michigan Department of Environmental Quality 
(MDEQ) intended to meet the state board requirements under section 128 
of the CAA. The proposed rule associated with this final action was 
published on June 24, 2015.

DATES: This final rule is effective on September 30, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2014-0657. All documents in the docket are listed in 
the www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly-available only in hard copy. Publicly-available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the U.S. Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding Federal holidays. We recommend that you 
telephone Sarah Arra at (312) 886-9401 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What is the background for this action?
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    Under section 128 of the CAA, each SIP must contain provisions that 
address two requirements: (i) That any board or body which approves 
permits or enforcement orders under this chapter shall have at least a 
majority of members who represent the public interest and do not derive 
any significant portion of their income from persons subject to permits 
and enforcement orders under this chapter, and (ii) that any potential 
conflicts of interest by members of such board or body or the head of 
an executive agency with similar powers be adequately disclosed. To 
comply with this statutory provision, MDEQ submitted rules from the 
Civil Service Rule at 2-8.3(a)(1) for incorporation into the SIP, 
pursuant to section 128 of the CAA. EPA's June 24, 2015, proposed 
rulemaking (see 80 FR 36306 at 36312) details how these rules satisfy 
the applicable requirements of section 128. EPA did not receive any 
comments regarding its proposal to approve Michigan's state board 
provisions.

II. What action is EPA taking?

    For the reasons discussed in our June 24, 2015, proposed 
rulemaking, EPA is taking final action to approve MDEQ's submissions 
addressing the state board requirements under section 128 of the CAA. 
The specific rule that we are approving as satisfying these 
requirements is Civil Service Rule at 2-8.3(a)(1). It should be noted 
that our June 24, 2015, rulemaking contained proposed actions for 
various additional MDEQ submissions. This final rulemaking, however, is 
limited only to the state board requirements under section 128 of the 
CAA.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In

[[Page 52400]]

accordance with requirements of 1 CFR 51.5, EPA is finalizing the 
incorporation by reference of the Michigan Regulations described in the 
amendments to 40 CFR part 52 set forth below. EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

IV. 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. 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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 30, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: August 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. In Sec.  52.1170, the table in paragraph (c) is amended by adding a 
new entry at the end of the section entitled ``State Statutes'' to read 
as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State effective
        Michigan citation                  Title               date         EPA approval date       Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 State Statutes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Michigan Civil Service Commission  Disclosures.........       10/1/2013   8/31/2015 [insert     ................
 Rule 2-8.3(a)(1).                                                         Federal Register
                                                                           citation]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 52401]]

* * * * *
[FR Doc. 2015-21426 Filed 8-28-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 52399

ACTION: Notice of enforcement of Federal Register, the Coast Guard will FOR FURTHER INFORMATION CONTACT:
regulation. provide the maritime community with Sarah Arra, Environmental Scientist,
advance notification for the enforcement Attainment Planning and Maintenance
SUMMARY: The Coast Guard will enforce of this zone via Broadcast Notice to Section, Air Programs Branch (AR–18J),
the safety zone on the waters of Sister Mariners or Local Notice to Mariners. U.S. Environmental Protection Agency,
Bay in Sister Bay, WI for the Sister Bay The Captain of the Port Lake Michigan Region 5, 77 West Jackson Boulevard,
Marinafest Fireworks. This zone will be or an on-scene representative may be Chicago, Illinois 60604, (312) 886–9401,
enforced from 8:15 p.m. until 10 p.m. on contacted via Channel 16, VHF–FM. arra.sarah@epa.gov.
each day of September 5 and 6, 2015. SUPPLEMENTARY INFORMATION:
This action is necessary and intended to Dated: August 14, 2015.
A.B. Cocanour, Throughout this document whenever
ensure safety of life on navigable waters ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
immediately prior to, during, and Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan. EPA. This SUPPLEMENTARY INFORMATION
immediately after the fireworks display. section is arranged as follows:
During the aforementioned period, the [FR Doc. 2015–21524 Filed 8–28–15; 8:45 am]
I. What is the background for this action?
Coast Guard will enforce restrictions BILLING CODE 9110–04–P
II. What action is EPA taking?
upon, and control movement of, vessels III. Incorporation by Reference
in the safety zone. No person or vessel IV. Statutory and Executive Order Reviews
may enter the safety zone while it is ENVIRONMENTAL PROTECTION
being enforced without permission of I. What is the background for this
AGENCY action?
the Captain of the Port Lake Michigan
or a designated representative. 40 CFR Part 52 Under section 128 of the CAA, each
DATES: The regulations in 33 CFR SIP must contain provisions that
165.929 will be enforced for safety zone [EPA–R05–OAR–2014–0657; FRL–9933– address two requirements: (i) That any
11—Region 5] board or body which approves permits
(f)(15), Table 165.929, from 8:15 p.m.
until 10 p.m. on each day of September or enforcement orders under this
Air Plan Approval; Michigan; Michigan chapter shall have at least a majority of
5 and 6, 2015. State Board Requirements
FOR FURTHER INFORMATION CONTACT: If
members who represent the public
you have questions on this document, AGENCY: Environmental Protection interest and do not derive any
call or email MST1 Joseph McCollum, Agency (EPA). significant portion of their income from
Prevention Department, Coast Guard ACTION: Final rule.
persons subject to permits and
Sector Lake Michigan, Milwaukee, WI at enforcement orders under this chapter,
(414) 747–7148, email SUMMARY: Pursuant to its authority and (ii) that any potential conflicts of
under the Clean Air Act (CAA), EPA is interest by members of such board or
joseph.p.mccollum@uscg.mil.
taking final action to approve a state body or the head of an executive agency
SUPPLEMENTARY INFORMATION: The Coast with similar powers be adequately
Guard will enforce the Sister Bay implementation plan (SIP) submission
made by the Michigan Department of disclosed. To comply with this statutory
Marinafest Fireworks safety zone listed provision, MDEQ submitted rules from
as item (f)(15) in Table 165.929 of 33 Environmental Quality (MDEQ)
intended to meet the state board the Civil Service Rule at 2–8.3(a)(1) for
CFR 165.929. Section 165.929 lists incorporation into the SIP, pursuant to
many annual events requiring safety requirements under section 128 of the
CAA. The proposed rule associated with section 128 of the CAA. EPA’s June 24,
zones in the Captain of the Port Lake 2015, proposed rulemaking (see 80 FR
Michigan zone. This safety zone will this final action was published on June
24, 2015. 36306 at 36312) details how these rules
encompass all waters of Sister Bay satisfy the applicable requirements of
within an 800-foot radius of the launch DATES: This final rule is effective on
September 30, 2015. section 128. EPA did not receive any
vessel in approximate position comments regarding its proposal to
45°11.585′ N., 087°07.392′ W. (NAD 83). ADDRESSES: EPA has established a
approve Michigan’s state board
This zone will be enforced from 8:15 docket for this action under Docket ID provisions.
p.m. until 10 p.m. on each day of No. EPA–R05–OAR–2014–0657. All
September 5 and 6, 2015. documents in the docket are listed in II. What action is EPA taking?
All vessels must obtain permission the www.regulations.gov index. For the reasons discussed in our June
from the Captain of the Port Lake Although listed in the index, some 24, 2015, proposed rulemaking, EPA is
Michigan or the on-scene representative information is not publicly available, taking final action to approve MDEQ’s
to enter, move within, or exit the safety e.g., Confidential Business Information submissions addressing the state board
zone. Requests must be made in or other information whose disclosure is requirements under section 128 of the
advance and approved by the Captain of restricted by statute. Certain other CAA. The specific rule that we are
the Port before transits will be material, such as copyrighted material, approving as satisfying these
authorized. Approvals will be granted will be publicly-available only in hard requirements is Civil Service Rule at
on a case by case basis. Vessels and copy. Publicly-available docket 2–8.3(a)(1). It should be noted that our
persons granted permission to enter the materials are available either June 24, 2015, rulemaking contained
safety zone must obey all lawful orders electronically in www.regulations.gov or proposed actions for various additional
or directions of the Captain of the Port in hard copy at the U.S. Environmental MDEQ submissions. This final
Lake Michigan or a designated Protection Agency, Region 5, Air and rulemaking, however, is limited only to
Radiation Division, 77 West Jackson
rmajette on DSK7SPTVN1PROD with RULES

representative. the state board requirements under
This document is issued under Boulevard, Chicago, Illinois 60604. This section 128 of the CAA.
authority of 33 CFR 165.929, Safety facility is open from 8:30 a.m. to 4:30
Zones; Annual events requiring safety p.m., Monday through Friday, excluding III. Incorporation by Reference
zones in the Captain of the Port Lake Federal holidays. We recommend that In this rule, EPA is finalizing
Michigan zone, and 5 U.S.C. 552(a). In you telephone Sarah Arra at (312) 886– regulatory text that includes
addition to this publication in the 9401 before visiting the Region 5 office. incorporation by reference. In

VerDate Sep<11>2014 13:58 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\31AUR1.SGM 31AUR1

52400 Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations

accordance with requirements of 1 CFR • Does not have Federalism States prior to publication of the rule in
51.5, EPA is finalizing the incorporation implications as specified in Executive the Federal Register. A major rule
by reference of the Michigan Order 13132 (64 FR 43255, August 10, cannot take effect until 60 days after it
Regulations described in the 1999); is published in the Federal Register.
amendments to 40 CFR part 52 set forth • Is not an economically significant This action is not a ‘‘major rule’’ as
below. EPA has made, and will continue regulatory action based on health or defined by 5 U.S.C. 804(2).
to make, these documents generally safety risks subject to Executive Order Under section 307(b)(1) of the CAA,
available electronically through 13045 (62 FR 19885, April 23, 1997); petitions for judicial review of this
www.regulations.gov and/or in hard • Is not a significant regulatory action action must be filed in the United States
copy at the appropriate EPA office (see subject to Executive Order 13211 (66 FR Court of Appeals for the appropriate
the ADDRESSES section of this preamble 28355, May 22, 2001); circuit by October 30, 2015. Filing a
for more information). • Is not subject to requirements of petition for reconsideration by the
section 12(d) of the National Administrator of this final rule does not
IV. Statutory and Executive Order
Technology Transfer and Advancement affect the finality of this action for the
Reviews
Act of 1995 (15 U.S.C. 272 note) because purposes of judicial review nor does it
Under the CAA, the Administrator is application of those requirements would extend the time within which a petition
required to approve a SIP submission be inconsistent with the Clean Air Act; for judicial review may be filed, and
that complies with the provisions of the and shall not postpone the effectiveness of
CAA and applicable Federal regulations. • Does not provide EPA with the such rule or action. This action may not
42 U.S.C. 7410(k); 40 CFR 52.02(a). discretionary authority to address, as be challenged later in proceedings to
Thus, in reviewing SIP submissions, appropriate, disproportionate human enforce its requirements. (See section
EPA’s role is to approve state choices, health or environmental effects, using 307(b)(2)).
provided that they meet the criteria of practicable and legally permissible
List of Subjects in 40 CFR Part 52
the CAA. Accordingly, this action methods, under Executive Order 12898
merely approves state law as meeting (59 FR 7629, February 16, 1994). Environmental protection, Air
Federal requirements and does not In addition, the SIP is not approved pollution control, Incorporation by
impose additional requirements beyond to apply on any Indian reservation land reference, Intergovernmental relations,
those imposed by state law. For that or in any other area where EPA or an Reporting and recordkeeping
reason, this action: Indian tribe has demonstrated that a requirements.
• Is not a significant regulatory action tribe has jurisdiction. In those areas of Dated: August 19, 2015.
subject to review by the Office of Indian country, the rule does not have Susan Hedman,
Management and Budget under tribal implications and will not impose
Regional Administrator, Region 5.
Executive Orders 12866 (58 FR 51735, substantial direct costs on tribal
governments or preempt tribal law as 40 CFR part 52 is amended as follows:
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011); specified by Executive Order 13175 (65
FR 67249, November 9, 2000). PART 52—APPROVAL AND
• Does not impose an information The Congressional Review Act, 5 PROMULGATION OF
collection burden under the provisions U.S.C. 801 et seq., as added by the Small IMPLEMENTATION PLANS
of the Paperwork Reduction Act (44 Business Regulatory Enforcement
U.S.C. 3501 et seq.); ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides
• Is certified as not having a continues to read as follows:
that before a rule may take effect, the
significant economic impact on a agency promulgating the rule must Authority: 42 U.S.C. 7401 et seq.
substantial number of small entities submit a rule report, which includes a ■ 2. In § 52.1170, the table in paragraph
under the Regulatory Flexibility Act (5 copy of the rule, to each House of the (c) is amended by adding a new entry
U.S.C. 601 et seq.); Congress and to the Comptroller General at the end of the section entitled ‘‘State
• Does not contain any unfunded of the United States. EPA will submit a Statutes’’ to read as follows:
mandate or significantly or uniquely report containing this action and other
affect small governments, as described required information to the U.S. Senate, § 52.1170 Identification of plan.
in the Unfunded Mandates Reform Act the U.S. House of Representatives, and * * * * *
of 1995 (Pub. L. 104–4); the Comptroller General of the United (c) * * *

EPA-APPROVED MICHIGAN REGULATIONS
State effective Com-
Michigan citation Title EPA approval date
date ments

* * * * * * *

State Statutes

* * * * * * *
rmajette on DSK7SPTVN1PROD with RULES

Michigan Civil Service Commission Disclosures ....................................... 10/1/2013 8/31/2015 [insert Federal Register
Rule 2–8.3(a)(1). citation]

* * * * * * *

VerDate Sep<11>2014 13:58 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\31AUR1.SGM 31AUR1

Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 52401

* * * * * restricted by statute. Certain other The EPA has evaluated the final SIP
[FR Doc. 2015–21426 Filed 8–28–15; 8:45 am] material, such as copyrighted material, revision submittal for any changes made
BILLING CODE 6560–50–P is not placed on the Internet and will be from the time of proposal. See
publicly available only in hard copy ‘‘Addendum to the TSD’’ for EPA–R06–
form. Publicly available docket OAR–2013–0616, available in the
ENVIRONMENTAL PROTECTION materials are available either rulemaking docket. Our evaluation
AGENCY electronically through http:// indicates that adopted changes to the
www.regulations.gov or in hard copy at Albuquerque-Bernalillo County PSD
40 CFR Part 52 the EPA Region 6, 1445 Ross Avenue, program are the same as the revisions
[EPA–R06–OAR–2013–0616; FRL–9931–35– Suite 700, Dallas, Texas 75202–2733. that we proposed to approve; and
Region–6] FOR FURTHER INFORMATION CONTACT: therefore, do not alter our rationale
Ashley Mohr, 214–665–7289, presented in the May 20, 2015 proposed
Approval and Promulgation of approval. As such, the EPA is
mohr.ashley@epa.gov.
Implementation Plans; New Mexico; proceeding with our final approval of
Revisions to the New Source Review SUPPLEMENTARY INFORMATION:
Throughout this document wherever the revisions to the New Mexico SIP,
(NSR) State Implementation Plan (SIP) consistent with the parallel processing
for Albuquerque-Bernalillo County; ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. provisions in 40 CFR part 51, Appendix
Prevention of Significant Deterioration V.
(PSD) Permitting I. Background This action to approve the
AGENCY: Environmental Protection The background for today’s action is aforementioned revisions to the New
Agency (EPA). discussed in detail in our May 20, 2015 Mexico SIP is being taken under section
ACTION: Final rule. proposal (80 FR 28901). In that notice, 110 of the Act. We did not receive any
we proposed to approve portions of SIP comments regarding our proposal.
SUMMARY: The Environmental Protection submittals for the State of New Mexico
Agency (EPA) is approving two II. Final Action
submitted on July 26, 2013, and March
revisions to the New Mexico State 4, 2015, that contained revisions to the The EPA is approving revisions to the
Implementation Plan (SIP) to update the Albuquerque-Bernalillo County PSD Albuquerque-Bernalillo County PSD
Albuquerque-Bernalillo County program. The March 4, 2015 submittal program that were submitted by New
Prevention of Significant Deterioration included a request for parallel Mexico as a SIP revision on July 26,
(PSD) SIP permitting program consistent processing of the submitted 2015 2013, and June 11, 2015. We are
with federal requirements. New Mexico revisions, meaning that the EPA approving the portions of the July 26,
submitted the Albuquerque-Bernalillo 2013, and June 11, 2015 submittals that
proposed approval of a rule that was not
County PSD SIP permitting revisions on revised the following sections under
yet finalized at the local level. Our May
July 26, 2013, and June 11, 2015, which 20.11.61:
20, 2015 proposed approval and
includes a request for parallel • 20.11.61.2 NMAC—Scope,
accompanying Technical Support
processing of the submitted 2015 • 20.11.61.5 NMAC—Effective Date,
Document (TSD) provided the EPA’s
revisions. These submittals contain • 20.11.61.6 NMAC—Objective,
evaluation of the March 4, 2015 • 20.11.61.7 NMAC—Definitions,
revisions to address the requirements of
revisions to the New Mexico SIP. We • 20.11.61.10 NMAC—Documents,
the EPA’s May 2008, July 2010, and
preliminarily determined that the • 20.11.61.11 NMAC—Applicability,
October 2012 PM2.5 PSD
revisions were consistent with the CAA • 20.11.61.12 NMAC—Obligations of
Implementation Rules and to
and the EPA’s regulations and guidance. Owners or Operators of Sources,
incorporate revisions consistent with
As such, we proposed approval of the • 20.11.61.14 NMAC—Control
the EPA’s March 2011 Fugitives Interim
SIP revisions contained in the March 4, Technology Review and Innovative
Rule, July 2011 Greenhouse Gas (GHG)
2015 submittal. Control Technology,
Biomass Deferral Rule, and July 2012
Under the EPA’s ‘‘parallel processing’’ • 20.11.61.15 NMAC—Ambient
GHG Tailoring Rule Step 3 and GHG
procedure, the EPA proposes a Impact Requirements,
PALs Rule. The EPA finds that these
revisions to the New Mexico SIP meet
rulemaking action on proposed SIP • 20.11.61.18 NMAC—Air Quality
revisions concurrently with the State or Analysis and Monitoring Requirements,
the Federal Clean Air Act (the Act or
CAA) and EPA regulations, and are
Local Agency’s public review process. If • 20.11.61.20 NMAC—Actuals
the proposed SIP revision is not Plantwide Applicability Limits (PALs),
consistent with EPA policies. We are
taking this action under section 110 and
significantly or substantively changed, • 20.11.61.23 NMAC—Exclusions
the EPA will finalize the rulemaking on from Increment Consumption,
part C of title I of the Act. The EPA is
not approving these rules within the
the SIP revision as proposed after • 20.11.61.24 NMAC—Sources
responding to any submitted comments. Impacting Federal Class I Areas—
exterior boundaries of a reservation or
Final rulemaking action by the EPA will Additional Requirements,
other areas within any Tribal Nation’s
occur only after the final SIP revision • 20.11.61.27 NMAC—Table 2—
jurisdiction.
has been fully adopted by the State or Significant Emission Rates,
DATES: This final rule is effective on Local Agency and submitted formally to • 20.11.61.29 NMAC—Table 4—
September 30, 2015. the EPA for approval as a SIP revision. Allowable PSD Increments, and
ADDRESSES: The EPA has established a See 40 CFR part 51, Appendix V. • 20.11.61.30 NMAC—Table 5—
docket for this action under Docket ID The City of Albuquerque-Bernalillo Maximum Allowable Increases for Class
No. EPA–R06–OAR–2013–0616. All County completed their rulemaking
rmajette on DSK7SPTVN1PROD with RULES

I Variances.
documents in the docket are listed on process, and the Albuquerque-Bernalillo The EPA has determined that these
the http://www.regulations.gov Web County Air Quality Control Board revisions to the New Mexico SIP’s
site. Although listed in the index, some adopted revisions to the PSD program Albuquerque-Bernalillo County PSD
information is not publicly available, on April 30, 2015. These adopted program are approvable because the
e.g., Confidential Business Information changes were submitted as a revision to submitted rules are adopted and
or other information whose disclosure is the New Mexico SIP on June 11, 2015. submitted in accordance with the CAA

VerDate Sep<11>2014 13:58 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\31AUR1.SGM 31AUR1

Document Created: 2018-02-23 11:04:32
Document Modified: 2018-02-23 11:04:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on September 30, 2015.
Contact		Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected]
FR Citation		80 FR 52399
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements