80_FR_52569 80 FR 52401 - Approval and Promulgation of Implementation Plans; New Mexico; Revisions to the New Source Review (NSR) State Implementation Plan (SIP) for Albuquerque-Bernalillo County; Prevention of Significant Deterioration (PSD) Permitting

80 FR 52401 - Approval and Promulgation of Implementation Plans; New Mexico; Revisions to the New Source Review (NSR) State Implementation Plan (SIP) for Albuquerque-Bernalillo County; Prevention of Significant Deterioration (PSD) Permitting

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range52401-52403
FR Document2015-21015

The Environmental Protection Agency (EPA) is approving two revisions to the New Mexico State Implementation Plan (SIP) to update the Albuquerque-Bernalillo County Prevention of Significant Deterioration (PSD) SIP permitting program consistent with federal requirements. New Mexico submitted the Albuquerque-Bernalillo County PSD SIP permitting revisions on July 26, 2013, and June 11, 2015, which includes a request for parallel processing of the submitted 2015 revisions. These submittals contain revisions to address the requirements of the EPA's May 2008, July 2010, and October 2012 PM<INF>2.5</INF> PSD Implementation Rules and to incorporate revisions consistent with the EPA's March 2011 Fugitives Interim Rule, July 2011 Greenhouse Gas (GHG) Biomass Deferral Rule, and July 2012 GHG Tailoring Rule Step 3 and GHG PALs Rule. The EPA finds that these revisions to the New Mexico SIP meet the Federal Clean Air Act (the Act or CAA) and EPA regulations, and are consistent with EPA policies. We are taking this action under section 110 and part C of title I of the Act. The EPA is not approving these rules within the exterior boundaries of a reservation or other areas within any Tribal Nation's jurisdiction.

Federal Register, Volume 80 Issue 168 (Monday, August 31, 2015)
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Rules and Regulations]
[Pages 52401-52403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21015]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0616; FRL-9931-35-Region-6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Revisions to the New Source Review (NSR) State Implementation Plan 
(SIP) for Albuquerque-Bernalillo County; Prevention of Significant 
Deterioration (PSD) Permitting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving two 
revisions to the New Mexico State Implementation Plan (SIP) to update 
the Albuquerque-Bernalillo County Prevention of Significant 
Deterioration (PSD) SIP permitting program consistent with federal 
requirements. New Mexico submitted the Albuquerque-Bernalillo County 
PSD SIP permitting revisions on July 26, 2013, and June 11, 2015, which 
includes a request for parallel processing of the submitted 2015 
revisions. These submittals contain revisions to address the 
requirements of the EPA's May 2008, July 2010, and October 2012 
PM2.5 PSD Implementation Rules and to incorporate revisions 
consistent with the EPA's March 2011 Fugitives Interim Rule, July 2011 
Greenhouse Gas (GHG) Biomass Deferral Rule, and July 2012 GHG Tailoring 
Rule Step 3 and GHG PALs Rule. The EPA finds that these revisions to 
the New Mexico SIP meet the Federal Clean Air Act (the Act or CAA) and 
EPA regulations, and are consistent with EPA policies. We are taking 
this action under section 110 and part C of title I of the Act. The EPA 
is not approving these rules within the exterior boundaries of a 
reservation or other areas within any Tribal Nation's jurisdiction.

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

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2013-0616. All documents in the docket are 
listed on the http://www.regulations.gov Web site. 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, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ashley Mohr, 214-665-7289, 
[email protected].

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

I. Background

    The background for today's action is discussed in detail in our May 
20, 2015 proposal (80 FR 28901). In that notice, we proposed to approve 
portions of SIP submittals for the State of New Mexico submitted on 
July 26, 2013, and March 4, 2015, that contained revisions to the 
Albuquerque-Bernalillo County PSD program. The March 4, 2015 submittal 
included a request for parallel processing of the submitted 2015 
revisions, meaning that the EPA proposed approval of a rule that was 
not yet finalized at the local level. Our May 20, 2015 proposed 
approval and accompanying Technical Support Document (TSD) provided the 
EPA's evaluation of the March 4, 2015 revisions to the New Mexico SIP. 
We preliminarily determined that the revisions were consistent with the 
CAA and the EPA's regulations and guidance. As such, we proposed 
approval of the SIP revisions contained in the March 4, 2015 submittal.
    Under the EPA's ``parallel processing'' procedure, the EPA proposes 
a rulemaking action on proposed SIP revisions concurrently with the 
State or Local Agency's public review process. If the proposed SIP 
revision is not significantly or substantively changed, the EPA will 
finalize the rulemaking on the SIP revision as proposed after 
responding to any submitted comments. Final rulemaking action by the 
EPA will occur only after the final SIP revision has been fully adopted 
by the State or Local Agency and submitted formally to the EPA for 
approval as a SIP revision. See 40 CFR part 51, Appendix V.
    The City of Albuquerque-Bernalillo County completed their 
rulemaking process, and the Albuquerque-Bernalillo County Air Quality 
Control Board adopted revisions to the PSD program on April 30, 2015. 
These adopted changes were submitted as a revision to the New Mexico 
SIP on June 11, 2015. The EPA has evaluated the final SIP revision 
submittal for any changes made from the time of proposal. See 
``Addendum to the TSD'' for EPA-R06-OAR-2013-0616, available in the 
rulemaking docket. Our evaluation indicates that adopted changes to the 
Albuquerque-Bernalillo County PSD program are the same as the revisions 
that we proposed to approve; and therefore, do not alter our rationale 
presented in the May 20, 2015 proposed approval. As such, the EPA is 
proceeding with our final approval of the revisions to the New Mexico 
SIP, consistent with the parallel processing provisions in 40 CFR part 
51, Appendix V.
    This action to approve the aforementioned revisions to the New 
Mexico SIP is being taken under section 110 of the Act. We did not 
receive any comments regarding our proposal.

II. Final Action

    The EPA is approving revisions to the Albuquerque-Bernalillo County 
PSD program that were submitted by New Mexico as a SIP revision on July 
26, 2013, and June 11, 2015. We are approving the portions of the July 
26, 2013, and June 11, 2015 submittals that revised the following 
sections under 20.11.61:
     20.11.61.2 NMAC--Scope,
     20.11.61.5 NMAC--Effective Date,
     20.11.61.6 NMAC--Objective,
     20.11.61.7 NMAC--Definitions,
     20.11.61.10 NMAC--Documents,
     20.11.61.11 NMAC--Applicability,
     20.11.61.12 NMAC--Obligations of Owners or Operators of 
Sources,
     20.11.61.14 NMAC--Control Technology Review and Innovative 
Control Technology,
     20.11.61.15 NMAC--Ambient Impact Requirements,
     20.11.61.18 NMAC--Air Quality Analysis and Monitoring 
Requirements,
     20.11.61.20 NMAC--Actuals Plantwide Applicability Limits 
(PALs),
     20.11.61.23 NMAC--Exclusions from Increment Consumption,
     20.11.61.24 NMAC--Sources Impacting Federal Class I 
Areas--Additional Requirements,
     20.11.61.27 NMAC--Table 2--Significant Emission Rates,
     20.11.61.29 NMAC--Table 4--Allowable PSD Increments, and
     20.11.61.30 NMAC--Table 5--Maximum Allowable Increases for 
Class I Variances.
    The EPA has determined that these revisions to the New Mexico SIP's 
Albuquerque-Bernalillo County PSD program are approvable because the 
submitted rules are adopted and submitted in accordance with the CAA

[[Page 52402]]

and are consistent with the EPA regulations regarding PSD permitting. 
The EPA is taking this action under section 110 and part C of the Act.
    The EPA is severing from our final approval action the revisions to 
20.11.60 NMAC submitted on July 26, 2013, which are revisions to the 
Albuquerque-Bernalillo County NNSR Program and will be addressed in a 
separate action.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the New Mexico regulations as described in the Final 
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.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
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 Clean Air Act, 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 purposed 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 17, 2015.
Ron Curry,
Regional Administrator, Region 6.

    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.

Subpart GG--New Mexico

0
2. In Sec.  52.1620(c) the second table titled ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations'' is amended by revising 
the entry for ``Part 61 (20.11.61)'' to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
                                                     approval/
         State citation            Title/subject     effective   EPA approval date           Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
 

[[Page 52403]]

 
                                                  * * * * * * *
Part 61 (20.11.61 NMAC)........  Prevention of        5/29/2015  8/31/2015 [Insert  ............................
                                  Significant                     Federal Register
                                  Deterioration.                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-21015 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                                        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


                                             52402             Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations

                                             and are consistent with the EPA                         under the Regulatory Flexibility Act (5               States prior to publication of the rule in
                                             regulations regarding PSD permitting.                   U.S.C. 601 et seq.);                                  the Federal Register. A major rule
                                             The EPA is taking this action under                        • Does not contain any unfunded                    cannot take effect until 60 days after it
                                             section 110 and part C of the Act.                      mandate or significantly or uniquely                  is published in the Federal Register.
                                               The EPA is severing from our final                    affect small governments, as described                This action is not a ‘‘major rule’’ as
                                             approval action the revisions to 20.11.60               in the Unfunded Mandates Reform Act                   defined by 5 U.S.C. 804(2).
                                             NMAC submitted on July 26, 2013,                        of 1995 (Pub. L. 104–4);                                 Under section 307(b)(1) of the Clean
                                             which are revisions to the Albuquerque-                    • Does not have Federalism                         Air Act, petitions for judicial review of
                                             Bernalillo County NNSR Program and                      implications as specified in Executive                this action must be filed in the United
                                             will be addressed in a separate action.                 Order 13132 (64 FR 43255, August 10,                  States Court of Appeals for the
                                                                                                     1999);                                                appropriate circuit by October 30, 2015.
                                             III. Incorporation by Reference                            • Is not an economically significant               Filing a petition for reconsideration by
                                               In this rule, we are finalizing                       regulatory action based on health or                  the Administrator of this final rule does
                                             regulatory text that includes                           safety risks subject to Executive Order               not affect the finality of this action for
                                             incorporation by reference. In                          13045 (62 FR 19885, April 23, 1997);                  the purposed of judicial review nor does
                                                                                                        • Is not a significant regulatory action           it extend the time within which a
                                             accordance with the requirements of 1
                                                                                                     subject to Executive Order 13211 (66 FR               petition for judicial review may be filed,
                                             CFR 51.5, we are finalizing the
                                                                                                     28355, May 22, 2001);
                                             incorporation by reference of the                                                                             and shall not postpone the effectiveness
                                                                                                        • Is not subject to requirements of
                                             revisions to the New Mexico regulations                                                                       of such rule or action. This action may
                                                                                                     section 12(d) of the National
                                             as described in the Final Action section                Technology Transfer and Advancement                   not be challenged later in proceedings to
                                             above. We have made, and will continue                  Act of 1995 (15 U.S.C. 272 note) because              enforce its requirements. (See section
                                             to make, these documents generally                      application of those requirements would               307(b)(2).)
                                             available electronically through                        be inconsistent with the Clean Air Act;               List of Subjects in 40 CFR Part 52
                                             www.regulations.gov and/or in hard                      and
                                             copy at the EPA Region 6 office.                           • Does not provide EPA with the                      Environmental protection, Air
                                                                                                     discretionary authority to address, as                pollution control, Carbon monoxide,
                                             IV. Statutory and Executive Order                                                                             Incorporation by reference,
                                             Reviews                                                 appropriate, disproportionate human
                                                                                                     health or environmental effects, using                Intergovernmental relations, Lead,
                                               Under the Clean Air Act, the                          practicable and legally permissible                   Nitrogen dioxide, Ozone, Particulate
                                             Administrator is required to approve a                  methods, under Executive Order 12898                  matter, Reporting and recordkeeping
                                             SIP submission that complies with the                   (59 FR 7629, February 16, 1994).                      requirements, Sulfur oxides, Volatile
                                             provisions of the Act and applicable                       In addition, the SIP is not approved               organic compounds.
                                             Federal regulations. 42 U.S.C. 7410(k);                 to apply on any Indian reservation land                 Dated: August 17, 2015.
                                             40 CFR 52.02(a). Thus, in reviewing SIP                 or in any other area where EPA or an                  Ron Curry,
                                             submissions, the EPA’s role is to                       Indian tribe has demonstrated that a                  Regional Administrator, Region 6.
                                             approve state choices, provided that                    tribe has jurisdiction. In those areas of
                                             they meet the criteria of the Clean Air                 Indian country, the rule does not have                    40 CFR part 52 is amended as follows:
                                             Act. Accordingly, this action merely                    tribal implications and will not impose
                                             approves state law as meeting Federal                                                                         PART 52—APPROVAL AND
                                                                                                     substantial direct costs on tribal                    PROMULGATION OF
                                             requirements and does not impose                        governments or preempt tribal law as
                                             additional requirements beyond those                                                                          IMPLEMENTATION PLANS
                                                                                                     specified by Executive Order 13175 (65
                                             imposed by state law. For that reason,                  FR 67249, November 9, 2000).                          ■ 1. The authority citation for part 52
                                             this action:                                               The Congressional Review Act, 5                    continues to read as follows:
                                               • Is not a ‘‘significant regulatory                   U.S.C. 801 et seq., as added by the Small
                                             action’’ subject to review by the Office                Business Regulatory Enforcement                           Authority: 42 U.S.C. 7401 et seq.
                                             of Management and Budget under                          Fairness Act of 1996, generally provides              Subpart GG—New Mexico
                                             Executive Orders 12866 (58 FR 51735,                    that before a rule may take effect, the
                                             October 4, 1993) and 13563 (76 FR 3821,                 agency promulgating the rule must                     ■  2. In § 52.1620(c) the second table
                                             January 21, 2011);                                      submit a rule report, which includes a                titled ‘‘EPA Approved Albuquerque/
                                               • Does not impose an information                      copy of the rule, to each House of the                Bernalillo County, NM Regulations’’ is
                                             collection burden under the provisions                  Congress and to the Comptroller General               amended by revising the entry for ‘‘Part
                                             of the Paperwork Reduction Act (44                      of the United States. EPA will submit a               61 (20.11.61)’’ to read as follows:
                                             U.S.C. 3501 et seq.);                                   report containing this action and other
                                               • Is certified as not having a                        required information to the U.S. Senate,              § 52.1620    Identification of plan.
                                             significant economic impact on a                        the U.S. House of Representatives, and                *       *    *      *     *
                                             substantial number of small entities                    the Comptroller General of the United                     (e) * * *

                                                                             EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
                                                                                                                               State ap-
                                                        State citation                             Title/subject              proval/effec-            EPA approval date                  Explanation
                                                                                                                                tive date
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                                                New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality
                                                                                                      Control Board




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                                                                   Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations                                             52403

                                                                          EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued
                                                                                                                                   State ap-
                                                            State citation                             Title/subject              proval/effec-               EPA approval date            Explanation
                                                                                                                                    tive date

                                                       *                   *                            *                         *                       *                  *                   *
                                             Part 61 (20.11.61 NMAC) ............         Prevention of Significant Deterio-          5/29/2015     8/31/2015 [Insert Federal Reg-
                                                                                            ration.                                                   ister citation].

                                                        *                          *                       *                      *                       *                       *              *



                                             *      *         *       *      *                           FOR FURTHER INFORMATION CONTACT:                        must be in writing, and must be
                                             [FR Doc. 2015–21015 Filed 8–28–15; 8:45 am]                 Susan Lewis, Registration Division                      received by the Hearing Clerk on or
                                             BILLING CODE 6560–50–P                                      (7505P), Office of Pesticide Programs,                  before October 30, 2015. Addresses for
                                                                                                         Environmental Protection Agency, 1200                   mail and hand delivery of objections
                                                                                                         Pennsylvania Ave. NW., Washington,                      and hearing requests are provided in 40
                                             ENVIRONMENTAL PROTECTION                                    DC 20460–0001; main telephone                           CFR 178.25(b).
                                             AGENCY                                                      number: (703) 305–7090; email address:                    In addition to filing an objection or
                                                                                                         RDFRNotices@epa.gov.                                    hearing request with the Hearing Clerk
                                             40 CFR Part 180                                                                                                     as described in 40 CFR part 178, please
                                                                                                         SUPPLEMENTARY INFORMATION:
                                             [EPA–HQ–OPP–2014–0531; FRL–9932–26]                                                                                 submit a copy of the filing (excluding
                                                                                                         I. General Information                                  any Confidential Business Information
                                             Dimethomorph; Pesticide Tolerances                          A. Does this action apply to me?                        (CBI)) for inclusion in the public docket.
                                                                                                                                                                 Information not marked confidential
                                             AGENCY:  Environmental Protection                              You may be potentially affected by                   pursuant to 40 CFR part 2 may be
                                             Agency (EPA).                                               this action if you are an agricultural                  disclosed publicly by EPA without prior
                                             ACTION: Final rule.                                         producer, food manufacturer, or                         notice. Submit the non-CBI copy of your
                                                                                                         pesticide manufacturer. The following                   objection or hearing request, identified
                                             SUMMARY:   This regulation establishes,                     list of North American Industrial                       by docket ID number EPA–HQ–OPP–
                                             and removes tolerances for residues of                      Classification System (NAICS) codes is                  2014–0531, by one of the following
                                             dimethomorph in or on multiple                              not intended to be exhaustive, but rather               methods:
                                             commodities which are identified and                        provides a guide to help readers                          • Federal eRulemaking Portal: http://
                                             discussed later in this document. BASF                      determine whether this document                         www.regulations.gov. Follow the online
                                             Corporation requested these tolerances                      applies to them. Potentially affected                   instructions for submitting comments.
                                             under the Federal Food, Drug, and                           entities may include:                                   Do not submit electronically any
                                             Cosmetic Act (FFDCA). EPA is                                   • Crop production (NAICS code 111).                  information you consider to be CBI or
                                             correcting the CAS name of                                     • Animal production (NAICS code                      other information whose disclosure is
                                             dimethomorph in 40 CFR 180.493(a), 40                       112).                                                   restricted by statute.
                                             CFR 180.493(c), and 40 CFR 180.493(d).                         • Food manufacturing (NAICS code                       • Mail: OPP Docket, Environmental
                                                                                                         311).                                                   Protection Agency Docket Center (EPA/
                                             DATES: This regulation is effective
                                                                                                            • Pesticide manufacturing (NAICS                     DC), (28221T), 1200 Pennsylvania Ave.
                                             August 31, 2015. Objections and
                                                                                                         code 32532).                                            NW., Washington, DC 20460–0001.
                                             requests for hearings must be received
                                             on or before October 30, 2015, and must                     B. How can I get electronic access to                     • Hand Delivery: To make special
                                             be filed in accordance with the                             other related information?                              arrangements for hand delivery or
                                             instructions provided in 40 CFR part                                                                                delivery of boxed information, please
                                                                                                            You may access a frequently updated                  follow the instructions at http://
                                             178 (see also Unit I.C. of the                              electronic version of EPA’s tolerance
                                             SUPPLEMENTARY INFORMATION).
                                                                                                                                                                 www.epa.gov/dockets/contacts.html.
                                                                                                         regulations at 40 CFR part 180 through                  Additional instructions on commenting
                                             ADDRESSES: The docket for this action,                      the Government Printing Office’s e-CFR                  or visiting the docket, along with more
                                             identified by docket identification (ID)                    site at http://www.ecfr.gov/cgi-bin/text-               information about dockets generally, is
                                             number EPA–HQ–OPP–2014–0531, is                             idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                    available at
                                             available at http://www.regulations.gov                     40tab_02.tpl.                                           http://www.epa.gov/dockets.
                                             or at the Office of Pesticide Programs
                                             Regulatory Public Docket (OPP Docket)                       C. How can I file an objection or hearing               II. Summary of Petitioned-for Tolerance
                                             in the Environmental Protection Agency                      request?                                                   In the Federal Register of December
                                             Docket Center (EPA/DC), West William                          Under FFDCA section 408(g), 21                        17, 2014 (79 FR 75107) (FRL–9918–90),
                                             Jefferson Clinton Bldg., Rm. 3334, 1301                     U.S.C. 346a, any person may file an                     EPA issued a document pursuant to
                                             Constitution Ave. NW., Washington, DC                       objection to any aspect of this regulation              FFDCA section 408(d)(3), 21 U.S.C.
                                             20460–0001. The Public Reading Room                         and may also request a hearing on those                 346a(d)(3), announcing the filing of a
                                             is open from 8:30 a.m. to 4:30 p.m.,                        objections. You must file your objection                pesticide petition (PP 4F8281) by BASF
                                             Monday through Friday, excluding legal                      or request a hearing on this regulation                 Corporation, P.O. Box 13528, Research
                                             holidays. The telephone number for the                      in accordance with the instructions
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                                                                                                                                                                 Triangle Park, North Carolina, 27709.
                                             Public Reading Room is (202) 566–1744,                      provided in 40 CFR part 178. To ensure                  The petition requested that 40 CFR
                                             and the telephone number for the OPP                        proper receipt by EPA, you must                         180.493 be amended by establishing
                                             Docket is (703) 305–5805. Please review                     identify docket ID number EPA–HQ–                       tolerances for residues of the fungicide,
                                             the visitor instructions and additional                     OPP–2014–0531 in the subject line on                    dimethomorph in or on strawberry at
                                             information about the docket available                      the first page of your submission. All                  1.0 parts per million (ppm) and
                                             at http://www.epa.gov/dockets.                              objections and requests for a hearing                   removing the established tolerances for


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Document Created: 2018-02-23 11:04:27
Document Modified: 2018-02-23 11:04:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on September 30, 2015.
ContactAshley Mohr, 214-665-7289, [email protected]
FR Citation80 FR 52401 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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