80 FR 69874 - Approval and Promulgation of Implementation Plans; New Mexico; Nonattainment New Source Review Permitting State Implementation Plan Revisions for the City of Albuquerque-Bernalillo County
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 218 (November 12, 2015)
Federal Register Volume 80, Issue 218 (November 12, 2015)
| Page Range | 69874-69876 | |
| FR Document | 2015-28648 |
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)] [Rules and Regulations] [Pages 69874-69876] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28648] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2009-0648; FRL-9936-86-Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Nonattainment New Source Review Permitting State Implementation Plan Revisions for the City of Albuquerque-Bernalillo County AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to the New Mexico State Implementation Plan (SIP) for the City of Albuquerque-Bernalillo County. These revisions provide updates to the City of Albuquerque-Bernalillo County major Nonattainment New Source Review (NNSR) permit program. The EPA is proposing this action under section 110 and part D of the Clean Air Act (CAA or the Act). DATES: This final rule is effective on December 14, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2009-0648. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Ms. Erica Le Doux, (214) 665-7265, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for today's action is discussed in detail in our August 27, 2015 proposal (80 FR 52003). In that notice, we proposed to approve updates to the New Mexico SIP for the City of Albuquerque- Bernalillo County Nonattainment New Source Review (NNSR) permitting program at 20.11.60 NMAC as submitted on August 16, 2010 and July 26, 2013. These revisions were submitted to address the following federal requirements for NNSR:Implementation of the NSR Program for PM 2.5 (73 FR 28321);PSD for PM 2.5 -Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864);Implementation of the 8-hour Ozone (O 3 ) NAAQS- Phase; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide (CO), PM and O3 NAAQS (70 FR 71612);PSD and NNSR: Reasonable Possibility in Recordkeeping (72 FR 72607); and PSD and NNSR: Reconsideration of Inclusion of Fugitive Rule (76 FR 17548). We did not receive any comments regarding our proposal. II. Final Action We are approving severable portions of SIP submittals for the New Mexico SIP for the City of Albuquerque-Bernalillo County NNSR permitting program submitted on August 16, 2010, and July 26, 2013. The EPA has determined that the submitted rules were adopted and submitted in accordance with the CAA and are consistent with our regulations and policies regarding NNSR permitting. Therefore, we are taking final action under section 110 and part D of the CAA to approve the following as revisions to the New Mexico SIP for the City of Albuquerque- Bernalillo County: Revisions to 20.11.60.1 NMAC as adopted on July 14, 2010 and submitted on August 16, 2010; Revisions to 20.11.60.2 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.6 NMAC as adopted on July 14, 2010 and submitted August 16, 2010, and adopted on April 10, 2013 and submitted on July 26, 2013; Revisions to 20.11.60.7 NMAC as adopted on July 14, 2010 and submitted August 16, 2010, and adopted on April 10, 2013 and submitted on July 26, 2013; Revisions to 20.11.60.12 NMAC as adopted on July 14, 2010 and submitted [[Page 69875]] August 16, 2010, and adopted on April 10, 2013 and submitted on July 26, 2013; Revisions to 20.11.60.13 NMAC as adopted on July 14, 2010 and submitted August 16, 2010, and adopted on April 10, 2013 and submitted on July 26, 2013; New 20.11.60.14 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; New 20.11.60.15 NMAC as adopted July 14, 2010 and submitted August 16, 2010, and revisions adopted on April 10, 2013 and submitted on July 26, 2013; New 20.11.60.16 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.17 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.18 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; New 20.11.60.19 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; New 20.11.60.20 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.21 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.22 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.23 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.24 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.25 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; Revisions to 20.11.60.26 NMAC as adopted on July 14, 2010 and submitted August 16, 2010; and Revisions to 20.11.60.27 NMAC as adopted on July 14, 2010 and submitted August 16, 2010. The EPA finds that the August 16, 2010 and July 26, 2013, submittals together address all required NNSR elements for the implementation of the 8-hour ozone NAAQS and the 1997 and 2006 PM 2.5 NAAQS. We note that the City of Albuquerque-Bernalillo County NNSR program does not include regulation of VOCs and ammonia as PM2.5 precursors. However, section 189(e) of the Act requires regulation of PM2.5 precursors that significantly contribute to PM2.5 levels ``which exceed the standard in the area'' and PM2.5 levels in the City of Albuquerque- Bernalillo County do not currently exceed the standard. In the event that an area is designated nonattainment for the 2012 PM2.5 NAAQS or any other future PM2.5 NAAQS, New Mexico for the City of Albuquerque-Bernalillo County will have a deadline under section 189(a)(2) of the CAA to make a submission addressing the statutory requirements as to that area, including the requirements in section 189(e) that apply to the regulation of PM2.5 precursors. III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the New Mexico for the City of Albuquerque-Bernalillo County regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 11, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) [[Page 69876]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 29, 2015. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart GG--New Mexico 0 2. In Sec. 52.1620(c) the second table titled ``EPA Approved Albuquerque/Bernalillo County, NM Regulations'' is amended by revising the entry for ``Part 60 (20.11.60)'' to read as follows: Sec. 52.1620 Identification of plan. * * * * * (c) * * * EPA Approved Albuquerque/Bernalillo County, NM Regulations ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo County Air Quality Board ---------------------------------------------------------------------------------------------------------------- * * * * * * * Part 60 (20.11.60).............. Permitting in 4/10/2013 11/12/2015 [Insert Nonattainment Federal Register Areas. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-28648 Filed 11-10-15; 8:45 am] BILLING CODE 6560-50-P
![69874 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
and Fireworks taking place on Dated: October 26, 2015. I. Background
November 28, 2015. This action is A.M. Beach, The background for today’s action is
necessary to ensure safety of life on Commander, U.S. Coast Guard, Captain of discussed in detail in our August 27,
navigable waters of the United States the Port, Savannah. 2015 proposal (80 FR 52003). In that
during the Savannah Harbor Boat [FR Doc. 2015–28792 Filed 11–10–15; 8:45 am] notice, we proposed to approve updates
Parade of Lights and Fireworks. During BILLING CODE 9110–04–P to the New Mexico SIP for the City of
the enforcement period, the special Albuquerque-Bernalillo County
local regulation establishes a regulated Nonattainment New Source Review
area which will prohibit all people and (NNSR) permitting program at 20.11.60
vessels from entering. No person or ENVIRONMENTAL PROTECTION NMAC as submitted on August 16, 2010
vessel may enter, transit through, AGENCY and July 26, 2013. These revisions were
anchor in, or remain within the area submitted to address the following
40 CFR Part 52
without permission of the Captain of the federal requirements for NNSR:
Port Savannah, or a designated • Implementation of the NSR Program
[EPA–R06–OAR–2009–0648; FRL–9936–86– for PM2.5 (73 FR 28321);
representative.
Region 6] • PSD for PM2.5-Increments,
DATES: The regulation in 33 CFR Significant Impact Levels (SILs) and
Approval and Promulgation of
100.701 Table 1 will be enforced from Significant Monitoring Concentration
Implementation Plans; New Mexico;
5 p.m. to 10 p.m. on November 28, 2015. (SMC) (75 FR 64864);
Nonattainment New Source Review
• Implementation of the 8-hour
FOR FURTHER INFORMATION CONTACT: If Permitting State Implementation Plan
Ozone (O3) NAAQS-Phase; Final Rule to
you have questions on this notice, call Revisions for the City of Albuquerque-
Implement Certain Aspects of the 1990
or email MST1 Cliffton Hendry, Marine Bernalillo County
Amendments Relating to NSR and PSD
Safety Unit Savannah Office of AGENCY: Environmental Protection as They Apply to Carbon Monoxide
Waterways Management, Coast Guard; Agency (EPA). (CO), PM and O3 NAAQS (70 FR 71612);
telephone 912–652–4353, extension • PSD and NNSR: Reasonable
ACTION: Final rule.
243, or email Cliffton.R.Hendry@ Possibility in Recordkeeping (72 FR
uscg.mil. SUMMARY: The Environmental Protection 72607); and PSD and NNSR:
Agency (EPA) is approving revisions to Reconsideration of Inclusion of Fugitive
SUPPLEMENTARY INFORMATION: The Coast
the New Mexico State Implementation Rule (76 FR 17548).
Guard will enforce the special local We did not receive any comments
Plan (SIP) for the City of Albuquerque-
regulation for the Savannah Parade of Bernalillo County. These revisions regarding our proposal.
Lights and Fireworks in 33 CFR 100.701 provide updates to the City of
Table 1 from 5 p.m. to 10 p.m. on II. Final Action
Albuquerque-Bernalillo County major
November 28, 2015. Nonattainment New Source Review We are approving severable portions
Under the provisions of 33 CFR (NNSR) permit program. The EPA is of SIP submittals for the New Mexico
100.701 no person or vessel may enter proposing this action under section 110 SIP for the City of Albuquerque-
the regulated area, unless they receive and part D of the Clean Air Act (CAA Bernalillo County NNSR permitting
permission to do so from the Captain of or the Act). program submitted on August 16, 2010,
the Port Savannah, or a designated DATES: This final rule is effective on and July 26, 2013. The EPA has
representative. This temporary rule December 14, 2015. determined that the submitted rules
creates a regulated area that will were adopted and submitted in
ADDRESSES: The EPA has established a
accordance with the CAA and are
encompass the entire Savannah River in docket for this action under Docket ID consistent with our regulations and
Savannah, GA beginning at the No. EPA–R06–OAR–2009–0648. All policies regarding NNSR permitting.
Talmadge Bridge near River Street, documents in the docket are listed on Therefore, we are taking final action
coordinates 32°05′20″ N., 081°05′56.3″ the http://www.regulations.gov Web under section 110 and part D of the
W., and proceeding down river to a line site. Although listed in the index, some CAA to approve the following as
drawn at 146 degrees true from day information is not publicly available, revisions to the New Mexico SIP for the
board 62, approximate coordinates are: e.g., Confidential Business Information City of Albuquerque-Bernalillo County:
32°04′48.7″ N., 081°04′47.9″ W. or other information whose disclosure is • Revisions to 20.11.60.1 NMAC as
restricted by statute. Certain other adopted on July 14, 2010 and submitted
Spectator vessels may safely transit
material, such as copyrighted material, on August 16, 2010;
outside the regulated area, but may not
is not placed on the Internet and will be • Revisions to 20.11.60.2 NMAC as
anchor, block, loiter in, or impede the publicly available only in hard copy
transit of festival participants or official adopted on July 14, 2010 and submitted
form. Publicly available docket August 16, 2010;
patrol vessels. The Coast Guard may be materials are available either
assisted by other Federal, State, or local • Revisions to 20.11.60.6 NMAC as
electronically through http:// adopted on July 14, 2010 and submitted
law enforcement agencies in enforcing www.regulations.gov or in hard copy at
this regulation. August 16, 2010, and adopted on April
the EPA Region 6, 1445 Ross Avenue, 10, 2013 and submitted on July 26,
This notice is issued under authority Suite 700, Dallas, Texas 75202–2733. 2013;
mstockstill on DSK4VPTVN1PROD with RULES
of 33 CFR 100.701 and 5 U.S.C. 552(a). FOR FURTHER INFORMATION CONTACT: Ms. • Revisions to 20.11.60.7 NMAC as
The Coast Guard will provide notice of Erica Le Doux, (214) 665–7265, adopted on July 14, 2010 and submitted
the regulated areas by Local Notice to ledoux.erica@epa.gov. August 16, 2010, and adopted on April
Mariners, Broadcast Notice to Mariners, SUPPLEMENTARY INFORMATION: 10, 2013 and submitted on July 26,
and on-scene designated Throughout this document wherever 2013;
representatives. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean • Revisions to 20.11.60.12 NMAC as
the EPA. adopted on July 14, 2010 and submitted
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![69876 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
List of Subjects in 40 CFR Part 52 Dated: October 29, 2015. Subpart GG—New Mexico
Ron Curry,
Environmental protection, Air Regional Administrator, Region 6. ■ 2. In § 52.1620(c) the second table
pollution control, Carbon monoxide, 40 CFR part 52 is amended as follows: titled ‘‘EPA Approved Albuquerque/
Incorporation by reference,
Bernalillo County, NM Regulations’’ is
Intergovernmental relations, Lead, PART 52—APPROVAL AND
amended by revising the entry for ‘‘Part
Nitrogen dioxide, Ozone, Particulate PROMULGATION OF
60 (20.11.60)’’ to read as follows:
matter, Reporting and recordkeeping IMPLEMENTATION PLANS
requirements, Sulfur oxides, Volatile § 52.1620 Identification of plan.
organic compounds. ■ 1. The authority citation for part 52
continues to read as follows: * * * * *
Authority: 42 U.S.C. 7401 et seq. (c) * * *
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State
approval/
State citation Title/subject EPA approval date Explanation
effective
date
New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality
Board
* * * * * * *
Part 60 (20.11.60) ............ Permitting in Nonattain- 4/10/2013 11/12/2015 [Insert Federal Register citation].
ment Areas.
* * * * * * *
* * * * * reasonably available control technology multi-volume reports), and some may
[FR Doc. 2015–28648 Filed 11–10–15; 8:45 am] (RACT) requirements under the 1997 8- not be available in either location (e.g.,
BILLING CODE 6560–50–P hour National Ambient Air Quality confidential business information
Standards (NAAQS) for ozone. This (CBI)). To inspect the hard copy
submitted SIP revision also contains materials, please schedule an
ENVIRONMENTAL PROTECTION ICAPCD’s negative declarations for appointment during normal business
AGENCY certain volatile organic compound hours with the contact listed in the FOR
(VOC) source categories. We are FURTHER INFORMATION CONTACT section.
40 CFR Part 52 approving this document under the FOR FURTHER INFORMATION CONTACT:
[EPA–R09–OAR–2015–0289; FRL–9936–65– Clean Air Act (CAA or the Act). James Shears, EPA Region IX, (213)
Region 9] 244–1810, shears.james@epa.gov.
This rule is effective on
DATES:
Approval of California Air Plan December 14, 2015. SUPPLEMENTARY INFORMATION:
Revisions, Imperial County Air Throughout this document, ‘‘we,’’ ‘‘us’’
ADDRESSES: The EPA has established
Pollution Control District and ‘‘our’’ refer to the EPA.
docket number EPA–R09–OAR–2015–
AGENCY: Environmental Protection 0289 for this action. Generally, Table of Contents
Agency (EPA). documents in the docket for this action I. Proposed Action
ACTION: Final rule. are available electronically at http:// II. Public Comments and EPA Responses
www.regulations.gov or in hard copy at III. EPA Action
SUMMARY: The Environmental Protection EPA Region IX, 75 Hawthorne Street, IV. Statutory and Executive Order Reviews
Agency (EPA) is taking final action to San Francisco, California 94105–3901.
approve a revision to the Imperial While all documents in the docket are I. Proposed Action
County Air Pollution Control District listed at http://www.regulations.gov, On September 1, 2015 (80 FR 52710),
(ICAPCD) portion of the California State some information may be publicly the EPA proposed to approve the
Implementation Plan (SIP). This available only at the hard copy location following document into the California
revision concerns the District’s (e.g., copyrighted material, large maps, SIP.
Local agency Document Adopted Submitted
ICAPCD ........................................... Final 2009 Reasonably Available Control Technology State Implemen- 07/13/10 12/21/10
tation Plan (‘‘2009 RACT SIP’’).
mstockstill on DSK4VPTVN1PROD with RULES
ICAPCD’s submittal also included the sources subject to the control techniques
following negative declarations which guidelines (CTG) documents.
the District certified that it had no
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Document Created: 2015-12-14 14:53:45
Document Modified: 2015-12-14 14:53:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on December 14, 2015. | |
| Contact | Ms. Erica Le Doux, (214) 665-7265, [email protected] | |
| FR Citation | 80 FR 69874 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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