80 FR 63431 - Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Revisions to State Boards and Conflict of Interest Provisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 202 (October 20, 2015)

The Environmental Protection Agency (EPA) is approving revisions to the Albuquerque/Bernalillo County, New Mexico State Implementation Plan (SIP). These revisions add administrative updates and clarifying changes to the state board and conflict of interest provisions in Albuquerque/Bernalillo County. The EPA is approving these revisions pursuant to section 110 of the Clean Air Act (CAA).

[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63431-63435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26306]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0614; FRL-9935-53-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Albuquerque/Bernalillo County; Revisions to State Boards 
and Conflict of Interest Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Albuquerque/Bernalillo County, New Mexico State 
Implementation Plan (SIP). These revisions add administrative updates 
and clarifying changes to the state board and conflict of interest 
provisions in Albuquerque/Bernalillo County. The EPA is approving these 
revisions pursuant to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on December 21, 2015 without further 
notice unless EPA receives relevant adverse comments by November 19, 
2015. If EPA receives such comments, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2013-0614, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Mr. John Walser at [email protected]. Please also 
send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Mail or Delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2013-0614. 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 through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index 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: Mr. John Walser (6PD-L), (214) 665-
7128, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
    A. What is a SIP?
    B. State Boards
II. Overview of the June 13, 2013 State Submittal
III. EPA's Evaluation of the Submittal
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

A. What is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
National Ambient Air Quality Standards (NAAQS) established by EPA. The 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: Carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of 
air pollution regulations, control strategies, other means or 
techniques, and technical analyses developed by the state, to ensure 
that air quality in the state meets the NAAQS. It is required by 
section 110 and other provisions of the CAA. A SIP protects air quality 
primarily by addressing air pollution at its point of origin. SIPs can 
be extensive, containing state regulations or other enforceable 
documents, and supporting information such as city and county 
ordinances, monitoring networks, and modeling demonstrations. Each 
state must submit any SIP revision to EPA for approval and 
incorporation into the federally-enforceable SIP.
    The New Mexico SIP includes a variety of control strategies, 
including the regulations that outline general provisions applicable to 
Albuquerque/Bernalillo County Air Quality Control Board (AQCB) 
regulations and state boards/conflict of interest requirements.

B. State Boards

    The Act, section 128(a) entitled State Boards, requires each SIP to 
contain provisions which ensure that: (1) Any board or body which 
approves permits or enforcement orders under the Act shall have at 
least a majority of members who represent the public interest and do 
not derive any significant portion of their income from persons subject 
to permits or enforcement orders under the Act, and (2) any potential 
conflicts of interest by members of such board or body, or the head of 
an executive agency with similar powers, be adequately disclosed.
    A state may adopt any requirements respecting conflicts of interest 
for such boards or bodies or heads of executive agencies, or any other 
entities which are more stringent than the requirements of

[[Page 63432]]

paragraphs (1) and (2), and the Administrator shall approve any such 
more stringent requirements submitted as part of an implementation 
plan.\1\
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    \1\ Also see Pages 39 through 43 of EPA guidance, dated 
September 13, 2013 entitled ``Guidance on Infrastructure State 
Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and 110(a)(2),'' which may be accessed in the docket for 
this rulemaking at http://www.regulations.gov, Docket No. EPA-R06-
OAR-2013-0614.
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    The New Mexico Air Quality Control Act (section 74-2-4) authorizes 
Albuquerque/Bernalillo County to locally administer and enforce the 
State Air Quality Control Act by providing for a local air quality 
control program. Thus, State law views Albuquerque/Bernalillo County 
and the remainder of the State of New Mexico as distinct air quality 
control entities. Therefore, each entity is required to submit its own 
SIP revision in order to completely satisfy the requirements of section 
128(a) of the Clean Air Act for the entire State of New Mexico.
    The EPA approved the SIP revision for Board composition and 
conflict of interest disclosure requirements on June 1, 1999 (see 64 FR 
29235). Since that time the supporting city and county ordinances have 
been revised.

II. Overview of the June 13, 2013 State Submittal

    The revisions we are approving address City of Albuquerque and 
Bernalillo County, Code of Ordinances governing Air Quality Control 
Board (AQCB) composition and conflict of interest provisions required 
to meet the requirements of section 128(a) of the CAA. These revisions 
are mostly administrative in nature and/or add clarifying language to 
the City of Albuquerque and Bernalillo County Ordinances already 
contained in the SIP. These ordinances and revisions do not apply to 
Indian lands over which the AQCB lacks jurisdiction. We have prepared a 
Technical Support Document (TSD) for this action which details our 
evaluation. Our TSD may be accessed in the docket for this action, at 
http://www.regulations.gov, Docket No. EPA-R06-OAR-2013-0614.
    We are also approving a ministerial change to the Code of Federal 
Regulations (CFR) at 40 CFR 52.1620(e). The entry titled ``City of 
Albuquerque request for redesignation'' was mistakenly placed in the 
first table of 40 CFR 52.1620(e) under the heading ``EPA Approved city 
of Albuquerque and Bernalillo County Ordinances for State Board 
Composition and Conflict of Interest Provisions'' and belongs in the 
second table of 40 CFR 52.1620(e) under the heading ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP.''
    On June 13, 2013, New Mexico submitted revisions to the 
Albuquerque/Bernalillo County SIP. The submittal was adopted consistent 
with the public notice SIP requirements of CAA section 110(l). The 
revisions modified various chapters to the City of Albuquerque and 
Bernalillo County ordinances for the Air Quality Control Board and the 
Metropolitan Environmental Health Advisory Board. The revisions include 
all the adopted changes to the ordinances since the last EPA SIP 
approval in June of 1999. Changes to the ordinances include adding 
clarifying text regarding conflict of interest, renumbering to account 
for changes to subsections and other ministerial changes that reflect 
the correct citations to currently effective versions of the ordinances 
in use today. Other minor amendments are added or deleted for further 
clarification. Please see Table 1 below for the list of ordinances, and 
the TSD for further details:

 Table 1--City of Albuquerque and Bernalillo County Ordinances for State
          Board Composition and Conflict of Interest Provisions
------------------------------------------------------------------------
              Exhibit                            Description
------------------------------------------------------------------------
Exhibit 2c........................  Metropolitan Environmental Health
                                     Advisory Board, City of
                                     Albuquerque, Chapter 9, Article 5,
                                     Part 6.
Exhibit 3c........................  Metropolitan Environmental Health
                                     Advisory Board, Bernalillo County
                                     Code of Ordinances, Chapter 42,
                                     Article II, Sections 42-36 to 42-
                                     39.
Exhibit 4c........................  Metropolitan Environmental Health
                                     Advisory Board, Bernalillo County
                                     Code of Ordinances, Chapter 42,
                                     Article II, Sections 42-36 through
                                     42-40.
Exhibit 5c........................  Joint Air Quality Control Board
                                     Ordinance, City of Albuquerque,
                                     Chapter 9, Article 5, Part 1.
Exhibit 6c........................  Joint Air Quality Control Board
                                     Ordinance, Bernalillo County Code
                                     of Ordinances, Chapter 30, Article
                                     II.
Exhibit 7c........................  Public Boards, City of Albuquerque
                                     Chapter 1, Article XII Sections 1-
                                     12-1 to 3.
Exhibit 8c........................  Conflict of Interest, City of
                                     Albuquerque Chapter 2, Article III
                                     Sections 3-3-1 to 13.
Exhibit 9c........................  Code of Ethics, City of Albuquerque
                                     Charter, Article XII, Section 4.
Exhibit 10c.......................  Code of Ethics, Bernalillo County
                                     Code of Ordinances, Chapter 2,
                                     Article III, Division 4--Code of
                                     Ethics, Sections 2-126 to 2-136.
Exhibit 11c.......................  City Code of Conduct, City of
                                     Albuquerque, Personnel Rules &
                                     Regulations.
------------------------------------------------------------------------

    The Governor's letter dated June 26, 2013 accompanying the 
submittal indicated that only those portions or sections of the 
ordinances dealing with state boards or conflict of interest are being 
submitted for EPA review and action. Therefore, the following 
revisions, as shown in Table 1 above, are not being considered before 
EPA for review as they do not address board composition or conflict of 
interest provisions. The ordinances not being proposed include Exhibit 
7c--Article 6: Public Boards, Commissions and Committees and Exhibit 
11c--City Code of Conduct, City of Albuquerque, as these ordinances 
involve personnel rules and regulations, conditions of employment, the 
conduct and organizational structure of a board, commission or 
committee and do not specifically address board composition and 
conflict of interest pursuant to CAA section 128.
    Additionally, since the Metropolitan Environmental Health Advisory 
Board (MEHAB) has effectively ceased to function for over 25 years, as 
confirmed with the City of Albuquerque,\2\ the MEHAB ordinances are not 
legally required or practicably necessary for the continued operation 
of the AQCB or the City of Albuquerque Environmental Health Department. 
Therefore, Exhibits 2c, 3c and 4c, dealing with the MEHAB (see Table 1 
above), are not applicable to the AQCB and are not considered as a 
basis for this action.
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    \2\ Emails from Ed Merta, City of Albuquerque, Environmental 
Health Department, dated August 28, 2015 and September 10, 2015 may 
be accessed in the docket for this action.
---------------------------------------------------------------------------

    The remaining Exhibits 5c (only Section 9-5-1-3), 6c (only section 
30-32), 8c, 9c, and 10c all involve state

[[Page 63433]]

boards or conflict of interest and are being considered part of this 
action.
    Our evaluation of the submittal finds that the submitted SIP 
revisions were adopted by Albuquerque/Bernalillo County after 
reasonable notice, a public comment period, a corresponding public 
hearing, and that approval of the revisions would not interfere with 
any CAA requirement, are consistent with the requirements of section 
128 of the CAA (see background section of this notice), and are 
approvable, as discussed below.

III. EPA's Evaluation of the Submittal

    Our primary consideration for determining the approvability of the 
New Mexico submittal is whether these proposed revisions comply with 
CAA section 110(l) and 128 of the CAA. Section 110(l) of the Act 
provides that a SIP revision must be adopted by a State after 
reasonable notice and public hearing. The submitted revisions address 
the City of Albuquerque and Bernalillo County, Code of Ordinances 
governing Air Quality Control Board (AQCB) composition and conflict of 
interest provisions that address the requirements of Section 128 of the 
CAA. Please see the TSD for our detailed evaluation.
    The submitted revisions update the currently the SIP approved 
versions, and includes revisions that are ministerial in nature and 
mostly involve renumbering and additions/deletions that add further 
clarity.

Revisions to Ordinances for the Joint Air Quality Control Board, 
Conflict of Interest and Code of Ethics

    The AQCB is submitting revisions to update the SIP to incorporate 
the latest City of Albuquerque and Bernalillo County Ordinances and 
policies regarding board composition and conflict of interest as it 
applies to the Air Board. The previous SIP-approval dates back to 1999. 
The proposed revisions incorporate into the SIP with the most current 
versions of affected ordinances and policies concerning state board 
composition and conflict of interest.
    For Exhibit 5c, the ordinance that deals with the Joint Air Quality 
Control Board, the revisions in section 9-5-1-3 highlight the 
requirements for state boards and conflict of interest provisions 
consistent with federal requirements found in CAA section 128(a)(1). 
Section 9-5-1-3(B)(4)(a) of Exhibit 5c states that ``at least a 
majority of the membership of the Board shall be individuals who 
represent the public interest and meet the requirements of the state 
and federal guidelines set forth in the New Mexico Air Quality Control 
Act, as amended, and the federal CAA, 42 U.S.C.A. Section 7401, et 
seq., as amended.'' Section 9-5-1-3(E) states ``any member of the Board 
who has a conflict of interest regarding a matter before the Board 
shall disqualify himself or herself from the discussion and shall 
abstain from the vote on such matter. A conflict of interest means any 
interest which may yield, directly or indirectly any monetary or other 
material benefit to the Board member or the member's spouse or minor 
child.'' These sections are wholly consistent with the requirements 
found in CAA section 128(a)(1) and (2) as outlined in Section I(B) of 
this document titled ``State Boards.'' Further analysis and details of 
the revisions are included in the TSD for this rulemaking.
    Therefore, EPA finds that these revisions are consistent with 
federal requirements, and also are consistent with what is currently in 
the New Mexico SIP for Albuquerque/Bernalillo County (see 40 CFR 
52.1620, paragraph (e)--EPA Approved Nonregulatory Provisions).
    For Exhibit 6c, only Section 30-32 of the Exhibit--Joint Air 
Quality Control Board, is part of the State Boards submittal. The 
revisions in Exhibit 6c, specifically section 30-32--Joint Air Quality 
Control Board, establish the creation and authority of the Board, also 
include the provisions regarding conflict of interest (as discussed 
above for Exhibit 5c), and are consistent with federal requirements and 
what is currently in the New Mexico SIP for Albuquerque/Bernalillo 
County.
    For Exhibit 8c, Article 3: Conflict of Interest Ordinance, the 
revisions to the SIP include renumbering and clarification of the 
purpose of definitions, meaning that for the purpose of the ordinance, 
the definitions contained in the ordinance shall apply unless the 
context clearly indicates or requires a different meaning. The Conflict 
of Interest Ordinance is already contained in the SIP, therefore, these 
revisions add clarity and are approvable by EPA. For example, the 
Conflict of Interest Ordinance (Exhibit 8c) outlines conflict of 
interest provisions for employees and former employees, and includes 
details on the prohibition on nepotism and restrictions on outside 
employment. The 1985 version of this ordinance is currently SIP-
approved (see 64 FR 29235).
    For Exhibit 9c, Charter of the City of Albuquerque, Article XII: 
Code of Ethics, Section 4--Conflict of Interest, the ordinance clearly 
outlines conflict of interest provisions for officials, and includes 
details on the prohibition on gifts and private financial interest. The 
previous version of this ordinance (Article XII: Code of Ethics, 
adopted in 1989) is currently SIP-approved. Therefore, only redlines 
and strikeouts to Section 4 of that ordinance are submitted as 
revisions (please see the TSD for this action). The addition of Section 
4(b) to the ordinance outlines the prohibition on a member of the City 
Council from participating in any debate or vote on any matter which 
will likely result in any benefit to the member which benefit is 
greater that the benefit to the public in general. The other key 
revision adds specific criteria for disqualifications as presented in 
Section 4(c). Both the addition of subsections 4(b) and 4(c) enhance 
the ordinance by adding further clarity and stringency to the conflict 
of interest requirements. Section 128 of the CAA states that a State 
may adopt any requirements respecting conflicts of interest for such 
boards or bodies or heads of executive agencies, which are more 
stringent, and the Administrator shall approve any such requirement as 
submitted. Other revisions are ministerial in nature and mostly involve 
renumbering and additions/deletions that add clarity (please see the 
TSD for details).
    For Exhibit 10c, Bernalillo County, New Mexico, Code of Ordinances, 
Chapter 2--Administration, Article III--Officers and Employees, 
Division 4--Code of Ethics, the Bernalillo County Commission Ordinance, 
revises the SIP-approved version (previously Ordinance 85-3) to further 
enhance the requirements pursuant to section 128 of the CAA. This Code 
of Ethics Ordinance establishes a code of ethics for all elected 
officials and employees and volunteers of county government, including 
members of boards, committees and commissions. For example, in Section 
2-130--Standards of conduct, the ordinance clearly indicates that the 
standards of conduct apply to elected officials, employees and 
volunteers at all times. Section 128 of the CAA does not require 
volunteers to be subject to the conflict of interest provisions, and 
adding them makes the ordinance more stringent. Additionally, the 
ordinance requires such candidates, elected officials, employees, and 
volunteers to disclose personal interests, financial or otherwise, in 
matters of the county. Other revisions include establishing a 
declaration of policy section, (Section 2-127), standards of conduct 
including conflict of interest (Section 2-130), disclosure of certain 
financial interests (Section 2-131), reporting violations of code of 
ethics

[[Page 63434]]

(Section 2-132), and Ethics Board requirements. These revisions enhance 
the current SIP-approved version, which focused on elected officials 
and employees and did not specifically identify volunteers as well. EPA 
considers these revisions more stringent than the requirements pursuant 
to section 128 of the CAA, and are approvable.
    Additionally, CAA section 110(l) states that the EPA cannot approve 
a SIP revision if that revision would interfere with any applicable 
requirement regarding attainment, reasonable further progress (RFP) or 
any requirement established in the CAA. The revisions do not interfere 
with any applicable requirement, but enhance the current SIP-approved 
version as discussed above. Additionally, approvability of these 
actions are also based upon EPA's guidance for state boards and 
conflict of interest provisions as discussed in the TSD for this 
rulemaking.
    EPA approves the revisions and updates for Exhibits 5c, 6c, 8c, 9c 
and 10c pursuant to section 110 of the CAA, and has determined they are 
consistent with the requirements in section 128(a) of the CAA.

IV. Final Action

    Pursuant to section 110 of the Act, EPA is approving through a 
direct final action, revisions to the New Mexico SIP that were 
submitted on June 12, 2013. We evaluated the state's submittal and 
determined that they meet the applicable requirements of the CAA 
section 128(a). Also, in accordance with CAA section 110(l), the 
proposed revisions will not interfere with attainment of the NAAQS, 
reasonable further progress, or any other applicable requirement of the 
CAA.
    EPA is publishing this rule without prior proposal because we view 
these as non-controversial amendments and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on December 21, 2015 
without further notice unless we receive relevant adverse comments by 
November 19, 2015. If we receive relevant adverse comments, we will 
publish a timely withdrawal of this direct final rulemaking in the 
Federal Register informing the public that the direct final rule will 
not take effect. We will address all public comments in a subsequent 
final rule based on the proposed rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so now. Please note that if we receive adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the 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 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 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 rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    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 rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 21, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: September 30, 2015.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

[[Page 63435]]

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(e):
0
a. The first table entitled ``EPA-Approved New Mexico Statutes in the 
Current New Mexico SIP'' is amended by revising all entries in the 
table under the heading ``EPA Approved City of Albuquerque and 
Bernalillo County Ordinances for State Board Composition and Conflict 
of Interest Provisions''; and
0
b. The second table entitled ``EPA-Approved Nonregulatory Provisions 
and Quasi-Regulatory Measures in the New Mexico SIP'' is amended by 
adding entry ``City of Albuquerque request for redesignation'' before 
the entry entitled ``Waiver of NOX control requirements.''.
    The addition and revisions read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
          State citation              Title/subject        effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  EPA Approved City of Albuquerque and Bernalillo County Ordinances for State Board Composition and Conflict of
                                               Interest Provisions
----------------------------------------------------------------------------------------------------------------
City of Albuquerque, Chapter 9,    Joint Air Quality        06/12/2013  10/20/2015, [Insert  Section 9-5-1-3
 Article 5, Part 1: Air Quality     Control Board.                       Federal Register     Joint Air Quality
 Control Board, Sections 9-5-1-1                                         citation.            Control Board
 to 9-5-1-15, and 9-5-1-98.                                                                   only.
Bernalillo County, Code of         Joint Air Quality        06/12/2013  10/20/2015, [Insert  Section 30-32--
 Ordinances, Chapter 30, Article    Control Board.                       Federal Register     Joint Air Quality
 II, Air Pollution; Section 30-31                                        citation.            Control Board
 to 30-47.                                                                                    only.
City of Albuquerque, Chapter 2,    Conflict of              06/12/2013  10/20/2015, [Insert
 Article III, Sections 3-3-1 to 3-  Interest.                            Federal Register
 3-13.                                                                   citation.
City of Albuquerque Charter,       Code of Ethics.....      06/12/2013  10/20/2015, [Insert
 Article XII, Section 4--Conflict                                        Federal Register
 of Interest.                                                            citation.
Bernalillo County Ordinance,       Code of Ethics.....      06/12/2013  10/20/2015, [Insert
 Chapter 2, Administration,                                              Federal Register
 Article III, Officers and                                               citation].
 Employees, Division 4, Code of
 Ethics, Sections 2-126 to 2-136.
----------------------------------------------------------------------------------------------------------------


            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date       Explanation
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
City of Albuquerque request for    Carbon monoxide          06/22/1998  5/24/2000, 65 FR     ...................
 redesignation.                     maintenance plan                     33460
                                    and motor vehicle
                                    emission budgets.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-26306 Filed 10-19-15; 8:45 am]
BILLING CODE 6560-50-P