80 FR 54739 - Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque-Bernalillo County; Infrastructure and Interstate Transport State Implementation Plan for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 176 (September 11, 2015)

Page Range		54739-54743
FR Document		2015-22862

Under the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the Governor of New Mexico for the City of Albuquerque-Bernalillo County for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP for Albuquerque-Bernalillo County is adequate to meet the state's responsibilities under the CAA, including the four CAA requirements for interstate transport of Pb emissions.

Federal Register, Volume 80 Issue 176 (Friday, September 11, 2015)

[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Proposed Rules]
[Pages 54739-54743]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-22862]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 /
Proposed Rules

[[Page 54739]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0400; FRL-9933-80-Region 6]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque-Bernalillo County; Infrastructure and Interstate Transport
State Implementation Plan for the 2008 Lead National Ambient Air
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Federal Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to approve a State Implementation
Plan (SIP) submission from the Governor of New Mexico for the City of
Albuquerque-Bernalillo County for the 2008 Lead (Pb) National Ambient
Air Quality Standards (NAAQS). The submittal addresses how the existing
SIP provides for implementation, maintenance, and enforcement of the
2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that
the State's SIP for Albuquerque-Bernalillo County is adequate to meet
the state's responsibilities under the CAA, including the four CAA
requirements for interstate transport of Pb emissions.

DATES: Written comments must be received on or before October 13, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2012-0400, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Tracie Donaldson at Donaldson.tracie@epa.gov.
Mail or delivery: Mary Stanton, Chief, Air Grants Section
(6PD-S), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0400. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit electronically any information
that you consider to be CBI or other information whose disclosure is
restricted by statute. The www.regulations.gov Web site is an
``anonymous access'' system, which means 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 EPA without
going through 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, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. Multimedia submissions (audio, video, etc.)
must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e. on
the web, cloud, or other file sharing system). For additional
information on submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at 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: Tracie Donaldson, telephone 214-665-
6633, donaldson.tracie@epa.gov. To inspect the hard copy materials,
please schedule an appointment with her or Bill Deese at 214-665-7253.

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

I. Background

On October 5, 1978, we published the first NAAQS for lead (Pb) (43
FR 46246). Both the primary and secondary standards were set at 1.5
micrograms per cubic meter ([micro]g/m3). In 2008, following a periodic
review of the NAAQS for lead, we published a revised, more stringent
NAAQS of 0.15 [micro]g/m3 for both the primary and secondary standards
(73 FR 66964, November 13, 2008). For more information on these
standards, please see the Technical Support Document (TSD) and EPA Web
site http://epa.gov/airquality/lead.
Each state must submit an i-SIP within three years after the
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA
includes a list of specific elements the i-SIP must meet. EPA issued
guidance addressing the i-SIP elements for NAAQS.\1\ The Governor of
New Mexico on behalf of Albuquerque-Bernalillo County submitted an i-
SIP revision on May 2, 2012 to address this revised NAAQS, including a
demonstration that the SIP met the four statutory requirements for
interstate transport of Pb emissions.
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\1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) for
the 2008 Pb NAAQS,'' Memorandum from Stephen D. Page, October 14,
2011, http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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EPA is proposing to approve the Albuquerque-Bernalillo County, New
Mexico i-SIP submittal for the 2008 Pb NAAQS \2\ as meeting the
requirements

[[Page 54740]]

for an i-SIP, including the requirements for interstate transport of Pb
emissions
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\2\ Additional information on: The history of Pb, its levels,
forms and, determination of compliance; EPA's approach for reviewing
i-SIPs; the details of the SIP submittal and EPA's evaluation; the
effect of recent court decisions on i-SIPs; the statute and
regulatory citations in the New Mexico SIP specific to this review;
the specific i-SIP applicable CAA and EPA regulatory citations;
Federal Register Notice citations for New Mexico SIP approvals; New
Mexico's minor New Source Review program and EPA approval
activities; and New Mexico's Prevention of Significant Deterioration
(PSD) program can be found in the Technical Support Document (TSD).
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II. EPA's Evaluation of New Mexico's i-SIP and Interstate Transport
Submittal

Below is a summary of EPA's evaluation of the Albuquerque-
Bernalillo County, New Mexico i-SIP for each applicable element of
110(a)(2) A-M. The Albuquerque-Bernalillo County Air Quality Control
Board (Air Board) provided a demonstration of how the existing
Albuquerque-Bernalillo County, New Mexico SIP met all the requirements
of the 2008 Pb NAAQS on May 2, 2012. This SIP submission became
complete by operation of law on November 2, 2013. See CAA section
110(k)(1)(B).
(A) Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, schedules for compliance and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\3\
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\3\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2008 Pb NAAQS. Those
SIP provisions are due as part of each state's attainment plan, and
will be addressed separately from the requirements of section
110(a)(2)(A). In the context of an infrastructure SIP, EPA is not
evaluating the existing SIP provisions for this purpose. Instead,
EPA is only evaluating whether the state's SIP has basic structural
provisions for the implementation of the NAAQS.
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Legislative authority for Albuquerque-Bernalillo County's air
quality program, codified in Chapter 74 Environmental Improvement,
Article 2, Air Pollution, of the New Mexico statutes, gives the Air
Board and the Albuquerque Environmental Health Department's Air Quality
Program (AQP) the authority to implement the CAA in Albuquerque-
Bernalillo County, New Mexico. Enforceable emission limitations and
other control measures are authorized by the New Mexico Air Quality
Control Act (AQCA) which established the Air Board and those provisions
of New Mexico Administrative Code (NMAC) Title 20, Environmental
Protection, Chapter 11, Albuquerque-Bernalillo County Air Quality
Control Board. They can adopt emission standards and compliance
schedules applicable to regulated entities; emission standards and
limitations and any other measures necessary for attainment and
maintenance of national standards; and, enforce applicable laws,
regulations, standards and compliance schedules, and seek injunctive
relief within the boundaries of Bernalillo County. This authority has
been employed to adopt and submit multiple revisions to the
Albuquerque-Bernalillo County, New Mexico State Implementation Plan.
The approved SIP for Albuquerque-Bernalillo County, New Mexico is
documented at 40 CFR 52.1620, Subpart GG.
(B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of monitoring data, and providing the
data to EPA upon request.
The AQCA provides AQP with the authority to monitor ambient air
quality in the county (NMSA 1978, section 74-2-5). AQP maintains a
monitoring network for the NAAQS and submits an annual Network
Assessment to EPA. The network includes one monitor for Pb. AQP's 2014
Air Monitoring Network Plan is the most recently EPA-approved network
monitoring plan and was approved by EPA on February 3, 2015. All
monitoring data is measured using EPA approved methods and subject to
the EPA quality assurance requirements. AQP submits all required data
to EPA, in accordance with EPA rules. The monitoring network was
approved into the SIP (46 FR 4005, August 6, 1981). AQP conducts an
assessment of the monitoring network every 5 years. Data is available
upon request and in the EPA Air Quality System (AQS) database.
(C) Program for enforcement. The SIP must include the following
three elements: (1) A program providing for enforcement of the measure
in paragraph A above; (2) a program for the regulation of the
modification and construction of stationary sources as necessary to
protect the applicable NAAQS (i.e., state-wide permitting of minor
sources); and (3) a permit program to meet the major source permitting
requirements of the CAA (for areas designated as attainment or
unclassifiable for the NAAQS in question).\4\
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\4\ As discussed in further detail in the TSD.
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(1) Enforcement of SIP Measures. As noted in (A), the state
statutes provide authority for the AQP to enforce the requirements of
the AQCA within Albuquerque-Bernalillo County, and any regulations,
permits, or final compliance orders. Its statutes also provide the AQP
with general enforcement powers. Among other things, they can file
lawsuits to compel compliance with the statutes and regulations;
commence civil actions; issue field citations; conduct investigations
of regulated entities; collect criminal and civil penalties; develop
and enforce rules and standards related to protection of air quality;
issue compliance orders; pursue criminal prosecutions; investigate,
enter into remediation agreements; and issue emergency cease and desist
orders. The AQAC also provides additional enforcement authorities and
funding mechanisms.
(2) Minor New Source Review (NSR). The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. Albuquerque-Bernalillo County's minor NSR
permitting requirements are approved as part of the SIP.\5\
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\5\ EPA is not proposing to approve or disapprove Albuquerque-
Bernalillo County's existing minor NSR program to the extent that it
may be inconsistent with EPA's regulations governing this program.
EPA has maintained that the CAA does not require that new
infrastructure SIP submissions correct any defects in existing EPA-
approved provisions of minor NSR programs in order for EPA to
approve the infrastructure SIP for element C (e.g., 76 FR 41076-
41079). EPA believes that a number of states may have minor NSR
provisions that are contrary to the existing EPA regulations for
this program. The statutory requirements of section 110(a)(2)(C)
provide for considerable flexibility in designing minor NSR
programs.
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(3) Prevention of Significant Deterioration (PSD) permit program.
Albuquerque-Bernalillo County's PSD portion of the SIP covers all NSR
regulated pollutants as well as the requirements for the 2008 Pb NAAQS
and has been approved by EPA.\6\ In a recent action, EPA approved
revisions that 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 (see docket EPA-
R06-OAR-2013-0616 in www.regulations.gov).
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\6\ As discussed further in the TSD.
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(D) Interstate and international transport: The requirements for
interstate transport of Pb emissions are that the SIP contain adequate
provisions prohibiting Pb emissions to other states which will (1)
contribute significantly to nonattainment of the NAAQS, (2) interfere
with maintenance of the NAAQS, (3) interfere with measures required to
prevent significant

[[Page 54741]]

deterioration or (4) interfere with measures to protect visibility (CAA
110(a)(2)(D)(i)).
With respect to significant contribution to nonattainment or
interference with maintenance of the Pb NAAQS, the physical properties
of Pb, which is a metal and very dense, prevent Pb emissions from
experiencing a significant degree of travel in the ambient air. No
complex chemistry is needed to form Pb or Pb compounds in the ambient
air; therefore, ambient concentrations of Pb are typically highest near
Pb sources. More specifically, there is a sharp decrease in ambient Pb
concentrations as the distance from the source increases. According to
EPA's report entitled Our Nation's Air: Status and Trends Through 2010,
Pb concentrations that are not near a source of Pb are approximately 8
times less than the typical concentrations near the source.\7\ For
these reasons, EPA believes that the interstate transport requirements
pertaining to significant contribution to nonattainment or interference
with maintenance of the Pb NAAQS can be satisfied through a state's
assessment as to whether a lead source located within its state in
close proximity to a state border has emissions that contribute
significantly to the nonattainment in or interfere with maintenance of
the NAAQS in the neighboring state. Albuquerque-Bernalillo County has
stated as such in its submission.
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\7\ http://www.epa.gov/airtrends/2011/report/fullreport.pdf.
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There are no areas within Albuquerque-Bernalillo County that are
designated as nonattainment with respect to the 2008 Pb NAAQS, and
there are no significant sources of Pb emissions within the County that
emit Pb in amounts equal to or exceeding 0.5 tons per year, nor sources
of Pb emissions within two miles of a neighboring state line. Total Pb
emissions within Albuquerque-Bernalillo County in 2011 were less than
two tons, and most of the Pb-emitting sources within the State are
general aviation airports where aviation gasoline containing tetra-
ethyl lead is still in use. Therefore, we deem that Albuquerque-
Bernalillo County has presumptively satisfied the interstate transport
requirements pertaining to significant contribution to nonattainment or
interference with maintenance of the Pb NAAQS.
With respect to the interstate transport and PSD requirement, we
note that Albuquerque-Bernalillo County's satisfaction of the
applicable infrastructure SIP PSD requirements for attainment/
unclassifiable areas with regards to the 2008 Pb NAAQS have been
detailed in the section addressing section 110(a)(2)(C). Therefore, we
deem that the SIP has presumptively satisfied the interstate transport
and PSD requirement.
With regard to the applicable requirement for interstate transport
and visibility protection, significant impacts from Pb emissions from
stationary sources are expected to be limited to short distances from
the source and most, if not all, stationary sources of Pb emissions are
located at sufficient distances from Class I areas such that visibility
impacts would be negligible. Although Pb can be a component of coarse
and fine particles, Pb generally comprises only a small fraction of
coarse and fine particles. A recent EPA study conducted to evaluate the
extent that Pb could impact visibility concluded that Pb-related
visibility impacts at Class I areas were found to be insignificant
(e.g., less than 0.10%).\8\ Given this information, that there are no
significant point sources of Pb emissions and that the County is not
near an interstate border we deem the SIP meets the interstate
transport and visibility protection.
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\8\ Analysis by Mark Schmidt, OAQPS, ``Ambient Pb's Contribution
to Class I Area Visibility Impairment,'' June 17, 2011.
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Section 110(a)(2)(D)(ii) also requires that the SIP ensure
compliance with the applicable requirements of sections 126 and 115 of
the CAA, relating to interstate and international pollution abatement,
respectively. Section 126(a) of the CAA requires new or modified
sources to notify neighboring states of potential impacts from sources
within the State. Albuquerque-Bernalillo County regulations require
that affected states, tribes and federal land managers receive notice
prior to the commencement of any construction or significant
modification of a major source. In addition, no source or sources
located in Albuquerque-Bernalillo County have been identified by EPA as
having any interstate impacts under section 126 in any pending actions
relating to any air pollutant.
Section 115 of the CAA authorizes EPA to require a state to revise
its SIP under certain conditions to alleviate international transport
into another country. There are no final findings under section 115 of
the CAA against New Mexico with respect to any air pollutant. Thus, the
State's SIP does not need to include any provisions to meet the
requirements of section 115.
Based upon review of the State's infrastructure SIP submission for
the 2008 Pb NAAQS, and relevant statutory and regulatory authorities
and provisions referenced in the submission or referenced in New
Mexico's SIP, EPA believes that Albuquerque-Bernalillo County has the
adequate infrastructure needed to address sections 110(a)(2)(D)(i)(I)
and (II) (all 4 interstate transport requirements), and
110(a)(2)(D)(ii) for the 2008 Pb NAAQS and is proposing to approve this
element of the May 2, 2012, submission.
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) requirements
relating to state boards; and (3) necessary assurances that the state
has responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan.
Both elements A and E address the requirement that there is
adequate authority to implement and enforce the SIP and that there are
no legal impediments.
This i-SIP submission for the 2008 Pb NAAQS describes the SIP
regulations governing the various functions of personnel within the AQP
and the Air Board, including the administrative, technical support,
planning, enforcement, and permitting functions of the program.
With respect to funding, the resources to carry out the plan are
provided through General Funds, Permit Fees and the CAA grant process.
Permit Fees are collected under the authority of section 74-2-7.
As required by the CAA and the Environmental Improvement Act (EIA),
the SIP stipulates that any members of the board or body, or the head
of an agency with similar powers, adequately disclose any potential
conflicts of interest. NMSA 1978 section 74-1-4 provides the Air Board
contain 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 or who appear before the board on issues related to
the CAA or the Air Act. Board members are required to recuse themselves
from rule-makings in which their impartiality may reasonably be
questioned.
With respect to assurances that the Air Board has responsibility to
implement the SIP adequately when it

[[Page 54742]]

authorizes local or other agencies to carry out portions of the plan,
the EIA and the AQCA designate the Air Board as the primary air
pollution control agency within Albuquerque-Bernalillo County. The
statutes allow for local agencies to carry out some or all of the Act's
responsibilities.
The Albuquerque-Bernalillo County Air Quality Control Board assumes
jurisdiction for local administration and enforcement of the AQCA in
Bernalillo County. There are Albuquerque/Bernalillo County SIP
provisions which are part of the New Mexico SIP.\9\
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\9\ Albuquerque/Bernalillo County SIP http://yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&Start=1&Count=30&Collapse=4.4#4.4
orhttps://www.law.cornell.edu/cfr/text/40/52.1620.
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(F) Stationary source monitoring system: The SIP requires the
establishment of a system to monitor emissions from stationary sources
and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.
Requirements in 20.11.47 NMAC, Emission Inventory Requirements
provide for the reporting of emissions inventories in a format
established by AQP on a schedule prescribed by the regulation. There
also are SIP state regulations pertaining to sampling and testing and
requirements for reporting of emissions inventories. In addition, SIP
rules establish general requirements for maintaining records and
reporting emissions. This information is used to track progress towards
measuring the NAAQS, developing control and maintenance strategies,
identifying sources and general emission levels, and determining
compliance with SIP regulations and additional EPA requirements.
(G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
The AQCA provides the New Mexico Environment Department with
authority to address environmental emergencies, inclusive of
contingency plans to implement emergency episode provisions.
Pursuant to 40 CFR 51, Subpart H, Prevention of Air Pollution
Emergency Episodes, on January 26, 1989, the Air Board adopted the Air
Pollution Contingency Plan for Bernalillo County [8/21/91, 56 FR 38074;
40 CFR 52.1639, Prevention of Air Emergency Episodes], which is part of
the SIP, which covers air pollution episodes and the occurrence of an
emergency due to the effects of the pollutants on the health of
persons.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
Albuquerque-Bernalillo County's SIP is a compilation of
regulations, plans and submittals that act to improve and maintain air
quality in accordance with national standards. The authority to develop
or revise the SIP is based on the authority to adopt new regulations
and revise existing regulations to meet the NAAQS. NMSA 1978 section
74-7-5 gives the board the authority to perform these functions.
Section 74-7-5 also gives the board the authority to adopt regulations
to abate, control and prohibit air pollution throughout Albuquerque-
Bernalillo County in accordance with the State Rules Act. Nothing in
New Mexico's statutory or regulatory authority prohibits Albuquerque-
Bernalillo County from revising the SIP in the event of a revision to
the NAAQS. The AQCA specifically requires revisions to the SIP if the
scenarios set forth in Section 110(a)(2)(H) occur.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
As noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. Instead, EPA will take action on part D
attainment plan SIP submissions through a separate rulemaking process
governed by the requirements for nonattainment areas, as described in
part D. The Albuquerque-Bernalillo County nonattainment new source
review (NNSR) provisions required for the 2008 Pb NAAQS and other NAAQS
were approved as part of the SIP (72 FR 20728, April 26, 2007).
Additionally, Albuquerque-Bernalillo County presently does not
contain any non-attainment areas for Pb.
(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
requirements: (1) Relating to interagency consultation regarding
certain CAA requirements; (2) relating to public notification of NAAQS
exceedances and related issues; and, (3) prevention of significant
deterioration of air quality and visibility protection.
(1) Interagency consultation: As required by the AQCA, there must
be a public hearing before the adoption of any regulations or emission
control requirements and all interested persons must be given a
reasonable opportunity to submit data, view documents, or argue orally
or in writing and to examine testimony of witnesses from the hearing.
In addition, the AQAC provides for the power and duty to ``advise,
consult, contract with and cooperate with local authorities, other
states, the federal government and other interested persons or groups
in regard to matters of common interest in the field of air quality
control . . . ''. Furthermore, New Mexico's PSD SIP rules mandate
public participation and notification regarding permitting applications
to any other state or local air pollution control agencies, local
government officials of the city or county where the source will be
located, tribal authorities, and Federal Land Managers (FLMs) whose
lands may be affected by emissions from the source or modification. The
State's Transportation Conformity SIP rules also provide procedures for
interagency consultation, resolution of conflicts, and public
notification.
(2) Public Notification: The i-SIP provides the SIP regulatory
citations requiring the Air Board to regularly notify the public of
instances or areas in which any NAAQS are exceeded, advise the public
of the health hazard associated with such exceedances, and enhance
public awareness of measures that can prevent such exceedances and ways
in which the public can participate in efforts to improve air quality.
20.11.82 NMAC, Rulemaking Procedures--Air Quality Board, stipulates
notice requirements for rulemaking and is used as a guide for notice
requirements when adopting SIPs.

[[Page 54743]]

(3) PSD and Visibility Protection: The PSD requirements here are
the same as those addressed under (C). The Albuquerque-Bernalillo
County, New Mexico SIP requirements relating to visibility and regional
haze are not affected when EPA establishes or revises a NAAQS.
Therefore, EPA believes that there are no new visibility protection
requirements due to the revision of the NAAQS, and consequently there
are no newly applicable visibility protection obligations pursuant to
infrastructure element J after the promulgation of a new or revised
NAAQS.
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
AQP has the duty, authority and technical capability to conduct air
quality modeling, pursuant to the AQCA, in order to assess the effect
on ambient air quality of relevant pollutant emissions; and can provide
relevant data as part of the permitting and NAAQS implementation
process. AQP follows EPA guidelines for air dispersion modeling. Upon
request, AQP will submit current and future data relating to air
quality modeling to EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under the CAA, to cover the cost of
reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until a fee program
established by the state pursuant to title V of the CAA, relating to
operating permits, is approved by EPA.
The fee requirements of 20.11.2 NMAC have been approved by EPA as
meeting the CAA requirements and were incorporated into the
Albuquerque-Bernalillo County, New Mexico SIP [4/10/80, 45 FR 24468].
Albuquerque-Bernalillo County's title V operating permit program
codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/
8/04 [FR vol. 69, No. 173, pp. 54244-47]. In addition, see element (E)
above for the description of the mandatory collection of permitting
fees outlined in the SIP.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
New Mexico State Statute Section 74-2-5.2 State Air Pollution
Control Agency; Specific Duties and Powers of the Department, states
that, ``The department is the state air pollution control agency for
all purposes under federal legislation relating to pollution. The
department is required to ``advise, consult, contract and cooperate
with local authorities, other states, the federal government and other
interested persons or groups in regard to matters of common interest in
the field of air quality control.'' Also see element (J) above for a
discussion of the SIP's public participation process, the authority to
advise and consult, and the PSD SIP's public participation
requirements.

III. Proposed Action

EPA is proposing to approve the May 2, 2012, infrastructure SIP
submission from Albuquerque-Bernalillo County, New Mexico, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 Pb NAAQS. Specifically, EPA is proposing to
approve the following infrastructure elements: 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not proposing
action pertaining to section 110(a)(2)(I)--Nonattainment Area Plan or
Plan Revisions as EPA believes this need not be addressed in the i-SIP.
Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in these submissions or referenced in Albuquerque-Bernalillo County,
New Mexico's SIP, EPA believes that Albuquerque-Bernalillo County, New
Mexico has the infrastructure in place to address all applicable
required elements of sections 110(a)(1) and (2) to ensure that the 2008
Pb NAAQS are implemented in the county. We also are proposing to
approve the State's demonstration that it meets the four statutory
requirements for interstate transport of Pb emissions.

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, 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, Incorporation by
reference, Intergovernmental relations, Lead (Pb), Reporting and
recordkeeping requirements.

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

Dated: September 2, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-22862 Filed 9-10-15; 8:45 am]
BILLING CODE 6560-50-P

54739

Proposed Rules Federal Register
Vol. 80, No. 176

Friday, September 11, 2015

This section of the FEDERAL REGISTER p.m. weekdays, and not on legal Suite 700, Dallas, Texas. While all
contains notices to the public of the proposed holidays. Special arrangements should documents in the docket are listed in
issuance of rules and regulations. The be made for deliveries of boxed the index, some information may be
purpose of these notices is to give interested information. publicly available only at the hard copy
persons an opportunity to participate in the Instructions: Direct your comments to location (e.g., copyrighted material), and
rule making prior to the adoption of the final
Docket ID No. EPA–R06–OAR–2012– some may not be publicly available at
rules.
0400. EPA’s policy is that all comments either location (e.g., CBI).
received will be included in the public FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION docket without change, and may be Tracie Donaldson, telephone 214–665–
AGENCY made available online at 6633, donaldson.tracie@epa.gov. To
www.regulations.gov, including any inspect the hard copy materials, please
40 CFR Part 52 personal information provided, unless schedule an appointment with her or
[EPA–R06–OAR–2012–0400; FRL–9933–80–
the comment includes information Bill Deese at 214–665–7253.
Region 6] claimed to be Confidential Business SUPPLEMENTARY INFORMATION:
Information (CBI) or other information Throughout this document wherever
Approval and Promulgation of whose disclosure is restricted by statute. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Implementation Plans; New Mexico; Do not submit electronically any the EPA.
Albuquerque-Bernalillo County; information that you consider to be CBI
or other information whose disclosure is I. Background
Infrastructure and Interstate Transport
State Implementation Plan for the 2008 restricted by statute. The On October 5, 1978, we published the
Lead National Ambient Air Quality www.regulations.gov Web site is an first NAAQS for lead (Pb) (43 FR 46246).
Standards ‘‘anonymous access’’ system, which Both the primary and secondary
means EPA will not know your identity standards were set at 1.5 micrograms
AGENCY: Environmental Protection or contact information unless you per cubic meter (mg/m3). In 2008,
Agency (EPA). provide it in the body of your comment. following a periodic review of the
ACTION: Proposed rule. If you send an email comment directly NAAQS for lead, we published a
to EPA without going through revised, more stringent NAAQS of 0.15
SUMMARY: Under the Federal Clean Air www.regulations.gov, your email mg/m3 for both the primary and
Act (CAA), the Environmental address will be automatically captured secondary standards (73 FR 66964,
Protection Agency (EPA) is proposing to and included as part of the comment November 13, 2008). For more
approve a State Implementation Plan that is placed in the public docket and information on these standards, please
(SIP) submission from the Governor of made available on the Internet. If you see the Technical Support Document
New Mexico for the City of submit an electronic comment, EPA (TSD) and EPA Web site http://epa.gov/
Albuquerque-Bernalillo County for the recommends that you include your airquality/lead.
2008 Lead (Pb) National Ambient Air name and other contact information in Each state must submit an i-SIP
Quality Standards (NAAQS). The the body of your comment and with any within three years after the
submittal addresses how the existing disk or CD–ROM you submit. If EPA promulgation of a new or revised
SIP provides for implementation, cannot read your comment due to NAAQS. Section 110(a)(2) of the CAA
maintenance, and enforcement of the technical difficulties and cannot contact includes a list of specific elements the
2008 Pb NAAQS (infrastructure SIP or you for clarification, EPA may not be i-SIP must meet. EPA issued guidance
i-SIP). This i-SIP ensures that the State’s able to consider your comment. addressing the i-SIP elements for
SIP for Albuquerque-Bernalillo County Electronic files should avoid the use of NAAQS.1 The Governor of New Mexico
is adequate to meet the state’s special characters, any form of on behalf of Albuquerque-Bernalillo
responsibilities under the CAA, encryption, and be free of any defects or County submitted an i-SIP revision on
including the four CAA requirements viruses. Multimedia submissions (audio, May 2, 2012 to address this revised
for interstate transport of Pb emissions. video, etc.) must be accompanied by a NAAQS, including a demonstration that
DATES: Written comments must be written comment. The written comment the SIP met the four statutory
received on or before October 13, 2015. is considered the official comment and requirements for interstate transport of
ADDRESSES: Submit your comments, should include discussion of all points Pb emissions.
identified by Docket ID Number EPA– you wish to make. The EPA will EPA is proposing to approve the
R06–OAR–2012–0400, by one of the generally not consider comments or Albuquerque-Bernalillo County, New
following methods: comment contents located outside of the Mexico i-SIP submittal for the 2008 Pb
• www.regulations.gov. Follow the primary submission (i.e. on the web, NAAQS 2 as meeting the requirements
online instructions. cloud, or other file sharing system). For
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• Email: Tracie Donaldson at
1 ‘‘Guidance on Infrastructure State
additional information on submitting
Implementation Plan (SIP) Elements under Clean
Donaldson.tracie@epa.gov. comments, please visit http:// Air Act Sections 110(a)(1) and 110(a)(2) for the 2008
• Mail or delivery: Mary Stanton, www2.epa.gov/dockets/commenting- Pb NAAQS,’’ Memorandum from Stephen D. Page,
Chief, Air Grants Section (6PD–S), epa-dockets. October 14, 2011, http://epa.gov/air/urbanair/
Environmental Protection Agency, 1445 Docket: The index to the docket for sipstatus/docs/Guidance_on_Infrastructure_SIP_
Elements_Multipollutant_FINAL_Sept_2013.pdf.
Ross Avenue, Suite 1200, Dallas, Texas this action is available electronically at 2 Additional information on: The history of Pb, its
75202–2733. Deliveries are accepted www.regulations.gov and in hard copy levels, forms and, determination of compliance;
only between the hours of 8 a.m. and 4 at EPA Region 6, 1445 Ross Avenue, Continued

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54740 Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Proposed Rules

for an i-SIP, including the requirements can adopt emission standards and compliance orders. Its statutes also
for interstate transport of Pb emissions compliance schedules applicable to provide the AQP with general
regulated entities; emission standards enforcement powers. Among other
II. EPA’s Evaluation of New Mexico’s i-
and limitations and any other measures things, they can file lawsuits to compel
SIP and Interstate Transport Submittal
necessary for attainment and compliance with the statutes and
Below is a summary of EPA’s maintenance of national standards; and, regulations; commence civil actions;
evaluation of the Albuquerque- enforce applicable laws, regulations, issue field citations; conduct
Bernalillo County, New Mexico i-SIP for standards and compliance schedules, investigations of regulated entities;
each applicable element of 110(a)(2) A– and seek injunctive relief within the collect criminal and civil penalties;
M. The Albuquerque-Bernalillo County boundaries of Bernalillo County. This develop and enforce rules and standards
Air Quality Control Board (Air Board) authority has been employed to adopt related to protection of air quality; issue
provided a demonstration of how the and submit multiple revisions to the compliance orders; pursue criminal
existing Albuquerque-Bernalillo County, Albuquerque-Bernalillo County, New prosecutions; investigate, enter into
New Mexico SIP met all the Mexico State Implementation Plan. The remediation agreements; and issue
requirements of the 2008 Pb NAAQS on approved SIP for Albuquerque- emergency cease and desist orders. The
May 2, 2012. This SIP submission Bernalillo County, New Mexico is AQAC also provides additional
became complete by operation of law on documented at 40 CFR 52.1620, Subpart enforcement authorities and funding
November 2, 2013. See CAA section GG. mechanisms.
110(k)(1)(B). (B) Ambient air quality monitoring/ (2) Minor New Source Review (NSR).
(A) Emission limits and other control data system: The SIP must provide for The SIP is required to include measures
measures: The SIP must include establishment and implementation of to regulate construction and
enforceable emission limits and other ambient air quality monitors, collection modification of stationary sources to
control measures, means or techniques, and analysis of monitoring data, and protect the NAAQS. Albuquerque-
schedules for compliance and other providing the data to EPA upon request. Bernalillo County’s minor NSR
related matters as needed to implement, The AQCA provides AQP with the permitting requirements are approved as
maintain and enforce each of the authority to monitor ambient air quality part of the SIP.5
NAAQS.3 in the county (NMSA 1978, section 74– (3) Prevention of Significant
Legislative authority for Albuquerque- 2–5). AQP maintains a monitoring Deterioration (PSD) permit program.
Bernalillo County’s air quality program, network for the NAAQS and submits an Albuquerque-Bernalillo County’s PSD
codified in Chapter 74 Environmental annual Network Assessment to EPA. portion of the SIP covers all NSR
Improvement, Article 2, Air Pollution, of The network includes one monitor for regulated pollutants as well as the
the New Mexico statutes, gives the Air Pb. AQP’s 2014 Air Monitoring Network requirements for the 2008 Pb NAAQS
Board and the Albuquerque Plan is the most recently EPA-approved and has been approved by EPA.6 In a
Environmental Health Department’s Air network monitoring plan and was recent action, EPA approved revisions
Quality Program (AQP) the authority to approved by EPA on February 3, 2015. that address the requirements of the
implement the CAA in Albuquerque- All monitoring data is measured using EPA’s May 2008, July 2010, and October
Bernalillo County, New Mexico. EPA approved methods and subject to 2012 PM2.5 PSD Implementation Rules
Enforceable emission limitations and the EPA quality assurance requirements. and to incorporate revisions consistent
other control measures are authorized AQP submits all required data to EPA, with the EPA’s March 2011 Fugitives
by the New Mexico Air Quality Control in accordance with EPA rules. The Interim Rule, July 2011 Greenhouse Gas
Act (AQCA) which established the Air monitoring network was approved into (GHG) Biomass Deferral Rule, and July
Board and those provisions of New the SIP (46 FR 4005, August 6, 1981). 2012 GHG Tailoring Rule Step 3 and
Mexico Administrative Code (NMAC) AQP conducts an assessment of the GHG PALs Rule (see docket EPA–R06–
Title 20, Environmental Protection, monitoring network every 5 years. Data OAR–2013–0616 in
Chapter 11, Albuquerque-Bernalillo is available upon request and in the EPA www.regulations.gov).
County Air Quality Control Board. They Air Quality System (AQS) database. (D) Interstate and international
(C) Program for enforcement. The SIP transport: The requirements for
EPA’s approach for reviewing i-SIPs; the details of must include the following three interstate transport of Pb emissions are
the SIP submittal and EPA’s evaluation; the effect elements: (1) A program providing for that the SIP contain adequate provisions
of recent court decisions on i-SIPs; the statute and
regulatory citations in the New Mexico SIP specific
enforcement of the measure in prohibiting Pb emissions to other states
to this review; the specific i-SIP applicable CAA paragraph A above; (2) a program for the which will (1) contribute significantly to
and EPA regulatory citations; Federal Register regulation of the modification and nonattainment of the NAAQS, (2)
Notice citations for New Mexico SIP approvals; construction of stationary sources as interfere with maintenance of the
New Mexico’s minor New Source Review program
and EPA approval activities; and New Mexico’s
necessary to protect the applicable NAAQS, (3) interfere with measures
Prevention of Significant Deterioration (PSD) NAAQS (i.e., state-wide permitting of required to prevent significant
program can be found in the Technical Support minor sources); and (3) a permit
Document (TSD). program to meet the major source 5 EPA is not proposing to approve or disapprove
3 The specific nonattainment area plan
permitting requirements of the CAA (for Albuquerque-Bernalillo County’s existing minor
requirements of section 110(a)(2)(I) are subject to NSR program to the extent that it may be
the timing requirements of section 172, not the areas designated as attainment or inconsistent with EPA’s regulations governing this
timing requirement of section 110(a)(1). Thus, unclassifiable for the NAAQS in program. EPA has maintained that the CAA does
section 110(a)(2)(A) does not require that states question).4 not require that new infrastructure SIP submissions
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submit regulations or emissions limits specifically (1) Enforcement of SIP Measures. As correct any defects in existing EPA-approved
for attaining the 2008 Pb NAAQS. Those SIP provisions of minor NSR programs in order for EPA
provisions are due as part of each state’s attainment noted in (A), the state statutes provide to approve the infrastructure SIP for element C (e.g.,
plan, and will be addressed separately from the authority for the AQP to enforce the 76 FR 41076–41079). EPA believes that a number
requirements of section 110(a)(2)(A). In the context requirements of the AQCA within of states may have minor NSR provisions that are
of an infrastructure SIP, EPA is not evaluating the contrary to the existing EPA regulations for this
Albuquerque-Bernalillo County, and program. The statutory requirements of section
existing SIP provisions for this purpose. Instead,
EPA is only evaluating whether the state’s SIP has any regulations, permits, or final 110(a)(2)(C) provide for considerable flexibility in
basic structural provisions for the implementation designing minor NSR programs.
of the NAAQS. 4 As discussed in further detail in the TSD. 6 As discussed further in the TSD.

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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Proposed Rules 54743

(3) PSD and Visibility Protection: The Agency; Specific Duties and Powers of • Is not a ‘‘significant regulatory
PSD requirements here are the same as the Department, states that, ‘‘The action’’ subject to review by the Office
those addressed under (C). The department is the state air pollution of Management and Budget under
Albuquerque-Bernalillo County, New control agency for all purposes under Executive Order 12866 (58 FR 51735,
Mexico SIP requirements relating to federal legislation relating to pollution. October 4, 1993);
visibility and regional haze are not The department is required to ‘‘advise, • Does not impose an information
affected when EPA establishes or revises consult, contract and cooperate with collection burden under the provisions
a NAAQS. Therefore, EPA believes that local authorities, other states, the federal of the Paperwork Reduction Act (44
there are no new visibility protection government and other interested U.S.C. 3501 et seq.);
requirements due to the revision of the persons or groups in regard to matters • Is certified as not having a
NAAQS, and consequently there are no of common interest in the field of air significant economic impact on a
newly applicable visibility protection quality control.’’ Also see element (J) substantial number of small entities
obligations pursuant to infrastructure above for a discussion of the SIP’s under the Regulatory Flexibility Act (5
element J after the promulgation of a public participation process, the U.S.C. 601 et seq.);
new or revised NAAQS. authority to advise and consult, and the • Does not contain any unfunded
(K) Air quality and modeling/data: PSD SIP’s public participation mandate or significantly or uniquely
The SIP must provide for performing air requirements. affect small governments, as described
quality modeling, as prescribed by EPA, in the Unfunded Mandates Reform Act
to predict the effects on ambient air III. Proposed Action
of 1995 (Pub. L. 104–4);
quality of any emissions of any NAAQS EPA is proposing to approve the May • Does not have Federalism
pollutant, and for submission of such 2, 2012, infrastructure SIP submission implications as specified in Executive
data to EPA upon request. from Albuquerque-Bernalillo County, Order 13132 (64 FR 43255, August 10,
AQP has the duty, authority and
New Mexico, which addresses the 1999);
technical capability to conduct air
requirements of CAA sections 110(a)(1) • Is not an economically significant
quality modeling, pursuant to the
and (2) as applicable to the 2008 Pb regulatory action based on health or
AQCA, in order to assess the effect on
NAAQS. Specifically, EPA is proposing safety risks subject to Executive Order
ambient air quality of relevant pollutant
to approve the following infrastructure 13045 (62 FR 19885, April 23, 1997);
emissions; and can provide relevant
data as part of the permitting and
elements: 110(a)(2)(A), (B), (C), (D), (E), • Is not a significant regulatory action
(F), (G), (H), (J), (K), (L), and (M). EPA subject to Executive Order 13211 (66 FR
NAAQS implementation process. AQP
is not proposing action pertaining to 28355, May 22, 2001);
follows EPA guidelines for air
dispersion modeling. Upon request,
section 110(a)(2)(I)—Nonattainment • Is not subject to requirements of
AQP will submit current and future data Area Plan or Plan Revisions as EPA Section 12(d) of the National
relating to air quality modeling to EPA. believes this need not be addressed in Technology Transfer and Advancement
(L) Permitting Fees: The SIP must the i-SIP. Based upon review of the Act of 1995 (15 U.S.C. 272 note) because
require each major stationary source to state’s infrastructure SIP submissions application of those requirements would
pay permitting fees to the permitting and relevant statutory and regulatory be inconsistent with the CAA; and
authority, as a condition of any permit authorities and provisions referenced in • Does not provide EPA with the
required under the CAA, to cover the these submissions or referenced in discretionary authority to address, as
cost of reviewing and acting upon any Albuquerque-Bernalillo County, New appropriate, disproportionate human
application for such a permit, and, if the Mexico’s SIP, EPA believes that health or environmental effects, using
permit is issued, the costs of Albuquerque-Bernalillo County, New practicable and legally permissible
implementing and enforcing the terms Mexico has the infrastructure in place to methods, under Executive Order 12898
of the permit. The fee requirement address all applicable required elements (59 FR 7629, February 16, 1994).
applies until a fee program established of sections 110(a)(1) and (2) to ensure In addition, the SIP is not approved
by the state pursuant to title V of the that the 2008 Pb NAAQS are to apply on any Indian reservation land
CAA, relating to operating permits, is implemented in the county. We also are or in any other area where EPA or an
approved by EPA. proposing to approve the State’s Indian tribe has demonstrated that a
The fee requirements of 20.11.2 demonstration that it meets the four tribe has jurisdiction. In those areas of
NMAC have been approved by EPA as statutory requirements for interstate Indian country, the proposed rule does
meeting the CAA requirements and transport of Pb emissions. not have tribal implications and will not
were incorporated into the IV. Statutory and Executive Order impose substantial direct costs on tribal
Albuquerque-Bernalillo County, New Reviews governments or preempt tribal law as
Mexico SIP [4/10/80, 45 FR 24468]. specified by Executive Order 13175 (65
Albuquerque-Bernalillo County’s title V Under the Clean Air Act, the FR 67249, November 9, 2000).
operating permit program codified at Administrator is required to approve a
SIP submission that complies with the List of Subjects in 40 CFR Part 52
20.11.42 NMAC, Operating Permits, was
approved by EPA on 9/8/04 [FR vol. 69, provisions of the Act and applicable Environmental protection, Air
No. 173, pp. 54244–47]. In addition, see Federal regulations. 42 U.S.C. 7410(k); pollution control, Incorporation by
element (E) above for the description of 40 CFR 52.02(a). Thus, in reviewing SIP reference, Intergovernmental relations,
the mandatory collection of permitting submissions, EPA’s role is to approve Lead (Pb), Reporting and recordkeeping
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fees outlined in the SIP. state choices, provided that they meet requirements.
(M) Consultation/participation by the criteria of the CAA. Accordingly, Authority: 42 U.S.C. 7401 et seq.
affected local entities: The SIP must this action merely proposes to approve
state law as meeting Federal Dated: September 2, 2015.
provide for consultation and
participation by local political requirements and does not impose Ron Curry,
subdivisions affected by the SIP. additional requirements beyond those Regional Administrator, Region 6.
New Mexico State Statute Section 74– imposed by state law. For that reason, [FR Doc. 2015–22862 Filed 9–10–15; 8:45 am]
2–5.2 State Air Pollution Control this action: BILLING CODE 6560–50–P

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Document Created: 2015-12-15 10:00:08
Document Modified: 2015-12-15 10:00:08

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before October 13, 2015.
Contact		Tracie Donaldson, telephone 214-665- 6633, [email protected] To inspect the hard copy materials, please schedule an appointment with her or Bill Deese at 214-665-7253.
FR Citation		80 FR 54739
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead (pb) and Reporting and Recordkeeping Requirements