80 FR 69925 - Approval and Promulgation of Implementation Plans; State of New Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate Transport SIP 2010 Sulfur Dioxide National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 218 (November 12, 2015)
Federal Register Volume 80, Issue 218 (November 12, 2015)
| Page Range | 69925-69930 | |
| FR Document | 2015-28353 |
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)] [Proposed Rules] [Pages 69925-69930] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28353] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0431; FRL-9936-68-Region 6] Approval and Promulgation of Implementation Plans; State of New Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate Transport SIP 2010 Sulfur Dioxide National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Under the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the State of New Mexico on behalf of Albuquerque-Bernalillo County for the 2010 Sulfur Dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2010 SO2 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 SO2 emissions. DATES: Written comments must be received on or before December 14, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R06-OAR-2015-0431, by one of the following methods:www.regulations.gov. Follow the online instructions. Email: Tracie Donaldson at [email protected]. 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- 2015- [[Page 69926]] 0431. 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, [email protected] To inspect the hard copy materials, please schedule an appointment with Tracie Donaldson 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 June 22, 2010, EPA revised the primary SO 2 NAAQS (hereafter the 2010 SO2 NAAQS) to establish a new 1-hour standard, with a level of 75 parts per billion (ppb), based on the 3- year average of the annual 99th percentile of 1-hour daily maximum concentrations (75 FR 35520). 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 on September 13, 2013.\1\ The Secretary of the New Mexico Environmental Department (NMED) submitted an i-SIP revision on behalf of Albuquerque- Bernalillo County to address this revised NAAQS on June 11, 2015. --------------------------------------------------------------------------- \1\ ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013. --------------------------------------------------------------------------- EPA is proposing to approve the Albuquerque-Bernalillo County, New Mexico i-SIP submittal for the 2010 SO2 NAAQS,\2\ as meeting the requirements of an i-SIP. --------------------------------------------------------------------------- \2\ Additional information on: The history of SO2 , 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). --------------------------------------------------------------------------- II. EPA's Evaluation of New Mexico's i-SIP 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 2010 SO2 NAAQS on June 11, 2015. (A) Emission limits and other control measures: CAA section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of the Act, and other related matters as needed to implement, maintain and enforce each of the NAAQS.\3\ --------------------------------------------------------------------------- \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 2010 SO2 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. --------------------------------------------------------------------------- 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 part 52.1620, Subpart GG.\4\ --------------------------------------------------------------------------- \4\ http://www.ecfr.gov/cgi-bin/text-idx?SID=64943a7422504656d8d72e9d6f87f177&mc=true&node=sp40.5.52.ss&rgn=div6. --------------------------------------------------------------------------- (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 such data to EPA upon request. [[Page 69927]] 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. AQP's 2014 Air Monitoring Network Plan is the most recently EPA-approved network monitoring plan--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, following the EPA regulations. The monitoring network was approved into the SIP (46 FR 4005, August 6, 1981) and undergoes annual review by the EPA.\5\ In addition, AQP conducts an assessment of the monitoring network every 5 years. The most recent of these 5-year monitoring network assessments was conducted by AQP and approved by EPA. Data is available upon request and in the EPA Air Quality System (AQS) database. --------------------------------------------------------------------------- \5\ A copy of the 2014 Annual Air Monitoring Network Plan and EPA's approval letter dated February 3, 2015, are included in the docket for this proposed rulemaking. --------------------------------------------------------------------------- (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).\6\ --------------------------------------------------------------------------- \6\ As discussed in further detail in the TSD. --------------------------------------------------------------------------- (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 AQCA 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.\7\ --------------------------------------------------------------------------- \7\ 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, July 13, 2011). 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. --------------------------------------------------------------------------- (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 2010 SO2 NAAQS and has been approved by EPA.\8\ 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 (80 FR 52401, August 31, 2015). --------------------------------------------------------------------------- \8\ As discussed further in the TSD. --------------------------------------------------------------------------- (D) Interstate and international transport: The requirements for interstate transport of SO2 emissions are that the SIP contain adequate provisions prohibiting 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 deterioration or (4) interfere with measures to protect visibility (CAA 110(a)(2)(D)(i)). With respect to the requirements of section 110(a)(2)(D)(i)(I), the scarcity of major sources of SO2 , the minimal amount of emissions from these sources, and the large geographic distance between those sources and other states, we find that Albuquerque-Bernalillo County does not contribute to nonattainment nor interfere with maintenance NAAQS. With respect to the PSD requirements of section 110(a)(2)(D)(i)(II), we note that Albuquerque-Bernalillo County's satisfaction of the applicable infrastructure SIP PSD requirements for attainment/unclassifiable areas with regards to the 2010 SO2 NAAQS have been detailed in the section addressing section 110(a)(2)(C). Two revisions to the SIP to update the Albuquerque- Bernalillo County PSD SIP permitting program consistent with federal requirements have been approved (80 FR 52401, August 31, 2015). These approvals contain revisions to address the requirements of the EPA's May 2008, July 2010, and October 2012 PM2.5 PSD Implementation Rules and to incorporate revisions consistent with the EPA's March 2011 Fugitives Interim Rule, July 2011 Greenhouse Gas (GHG) Biomass Deferral Rule, and July 2012 GHG Tailoring Rule Step 3 and GHG PALs Rule. For sources not subject to PSD for any one of the pollutants subject to regulation under the CAA because they are in a nonattainment area for a NAAQS, Albuquerque-Bernalillo County has adopted the nonattainment new source review (NNSR) provisions required for the 2010 SO2 NAAQS and other NAAQS at 20.11.60 NMAC--Permitting in Nonattainment Areas. With regard to the applicable requirements for visibility protection of section 110(a)(2)(D)(i)(II), this requirement was met by our approval of the regional haze and visibility component of the SIP. There are no final findings by EPA that New Mexico air emissions affect other countries. Therefore, Albuquerque-Bernalillo County, New Mexico has no international obligations. If EPA makes such a finding, AQP will consult with EPA. 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 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 [[Page 69928]] 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 County's infrastructure SIP submission for the 2010 SO2 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), and 110(a)(2)(D)(ii) for the 2010 SO2 NAAQS and is proposing to approve this element of the June 11, 2015, 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 2010 SO2 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 AQCA. 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 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\ --------------------------------------------------------------------------- \9\ Albuquerque/Bernalillo County SIP http://yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&Start=1&Count=30&Collapse=4.4#4.4 or https://www.law.cornell.edu/cfr/text/40/52.1620. --------------------------------------------------------------------------- (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 part 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 [August 21, 1991, 56 FR 38074; 40 CFR 52.1639, Prevention of Air Emergency Episodes], which is part of the SIP, and 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 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 [[Page 69929]] 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. (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 AQCA 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 Control Board, stipulates notice requirements for rulemaking and is used as a guide for notice requirements when adopting SIPs. (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 (45 FR 24468, April 10, 1980,). Albuquerque-Bernalillo County's title V operating permit program codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on September 8, 2004 (69 FR 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 June 11, 2015, 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 2010 SO2 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 these 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 2010 SO2 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 SO2 emissions. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the 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 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, [[Page 69930]] 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 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, Reporting and recordkeeping requirements, Sulfur dioxide (SO 2 ). Authority: 42 U.S.C. 7401 et seq. Dated: October 27, 2015. Samuel Coleman, Acting Regional Administrator, Region 6. [FR Doc. 2015-28353 Filed 11-10-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules 69925
6. EPA’s Evaluation Conclusion impose additional requirements beyond Dated: October 30, 2015.
Based on the above discussion, we those imposed by state law. For that Jared Blumenfeld,
believe these regulations are consistent reason, this proposed action: Regional Administrator, Region IX.
with the relevant CAA requirements, • Is not a ‘‘significant regulatory [FR Doc. 2015–28614 Filed 11–10–15; 8:45 am]
and with relevant EPA policies and action’’ subject to review by the Office BILLING CODE 6560–50–P
guidance. of Management and Budget under
Executive Order 12866 (58 FR 51735,
C. Proposed Action and Request for October 4, 1993); ENVIRONMENTAL PROTECTION
Public Comment • Does not impose an information AGENCY
Under section 110(k)(3) of the CAA, collection burden under the provisions
and for the reasons given above, we are of the Paperwork Reduction Act (44 40 CFR Part 52
proposing to approve a SIP revision U.S.C. 3501 et seq.);
[EPA–R06–OAR–2015–0431; FRL–9936–68–
submitted by CARB on August 14, 2015 • Is certified as not having a
Region 6]
that includes certain sections of title 13 significant economic impact on a
and title 17 of the California Code of substantial number of small entities Approval and Promulgation of
Regulations that establish standards and under the Regulatory Flexibility Act (5 Implementation Plans; State of New
other requirements relating to the U.S.C. 601 et seq.); Mexico/Albuquerque-Bernalillo
control of emissions from new and in- • Does not contain any unfunded County; Infrastructure and Interstate
use on-road and off-road vehicles and mandate or significantly or uniquely Transport SIP 2010 Sulfur Dioxide
engines. We are proposing to approve affect small governments, as described National Ambient Air Quality
these regulations as part of the in the Unfunded Mandates Reform Act Standards
California SIP because we believe they of 1995 (Pub. L. 104–4);
fulfill all relevant CAA requirements. • Does not have federalism AGENCY: Environmental Protection
implications as specified in Executive Agency (EPA).
We will accept comments from the
Order 13132 (64 FR 43255, August 10, ACTION: Proposed rule.
public on this proposal until December
14, 2015. Unless we receive convincing 1999);
• Is not an economically significant SUMMARY: Under the Federal Clean Air
new information during the comment Act (CAA or the Act), the
regulatory action based on health or
period, we intend to publish a final Environmental Protection Agency (EPA)
approval action that will incorporate safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); is proposing to approve a State
these rules into the federally enforceable Implementation Plan (SIP) submission
• Is not a significant regulatory action
SIP for the State of California. from the State of New Mexico on behalf
subject to Executive Order 13211 (66 FR
IV. Incorporation by Reference 28355, May 22, 2001); of Albuquerque-Bernalillo County for
In this proposed rule, the EPA is • Is not subject to requirements of the 2010 Sulfur Dioxide (SO2) National
Section 12(d) of the National Ambient Air Quality Standards
proposing to include in a final EPA rule (NAAQS). The submittal addresses how
regulatory text that includes Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because the existing SIP provides for
incorporation by reference. In implementation, maintenance, and
accordance with requirements of 1 CFR application of those requirements would
be inconsistent with the Clean Air Act; enforcement of the 2010 SO2 NAAQS
51.5, the EPA is proposing to
and (infrastructure SIP or i-SIP). This i-SIP
incorporate by reference certain sections
of title 13 and title 17 of the California • Does not provide the EPA with the ensures that the State’s SIP for
discretionary authority to address, as Albuquerque-Bernalillo County is
Code of Regulations that establish
appropriate, disproportionate human adequate to meet the state’s
standards and other requirements
health or environmental effects, using responsibilities under the CAA,
relating to the control of emissions from
practicable and legally permissible including the four CAA requirements
new and in-use on-road and off-road
methods, under Executive Order 12898 for interstate transport of SO2 emissions.
vehicles and engines, as described in
section II of this preamble. The EPA has (59 FR 7629, February 16, 1994). DATES: Written comments must be
made, and will continue to make, these In addition, the SIP is not approved received on or before December 14,
documents generally available to apply on any Indian reservation land 2015.
electronically through or in any other area where the EPA or ADDRESSES: Submit your comments,
www.regulations.gov and/or in hard an Indian tribe has demonstrated that a identified by Docket ID Number EPA–
copy at the appropriate EPA office (see tribe has jurisdiction. In those areas of R06–OAR–2015–0431, by one of the
the ADDRESSES section of this preamble Indian country, this proposed rule does following methods:
for more information). not have tribal implications as specified • www.regulations.gov. Follow the
by Executive Order 13175 (65 FR 67249, online instructions.
V. Statutory and Executive Order November 9, 2000), nor will it impose • Email: Tracie Donaldson at
Reviews substantial direct costs on tribal Donaldson.tracie@epa.gov.
Under the Clean Air Act, the governments or preempt tribal law. • Mail or delivery: Mary Stanton,
Administrator is required to approve a List of Subjects in 40 CFR Part 52 Chief, Air Grants Section (6PD–S),
SIP submission that complies with the Environmental Protection Agency, 1445
provisions of the Act and applicable Environmental protection, Air Ross Avenue, Suite 1200, Dallas, Texas
mstockstill on DSK4VPTVN1PROD with PROPOSALS
federal regulations. 42 U.S.C. 7410(k); pollution control, Carbon monoxide, 75202–2733. Deliveries are accepted
40 CFR 52.02(a). Thus, in reviewing SIP Incorporation by reference, only between the hours of 8 a.m. and 4
submissions, EPA’s role is to approve Intergovernmental relations, Nitrogen p.m. weekdays, and not on legal
state choices, provided that they meet dioxide, Ozone, Particulate matter, holidays. Special arrangements should
the criteria of the Clean Air Act. Reporting and recordkeeping be made for deliveries of boxed
Accordingly, this proposed action requirements, Volatile organic information.
merely approves state law as meeting compounds. Instructions: Direct your comments to
federal requirements and does not Authority: 42 U.S.C. 7401 et seq. Docket ID No. EPA–R06–OAR–2015–
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![69928 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules
country. There are no final findings before the board on issues related to the activities causing imminent and
under section 115 of the CAA against CAA or the AQCA. Board members are substantial endangerment to public
New Mexico with respect to any air required to recuse themselves from rule- health or welfare or the environment
pollutant. Thus, the State’s SIP does not makings in which their impartiality may and to include contingency plans to
need to include any provisions to meet reasonably be questioned. implement such authorities as
the requirements of section 115. With respect to assurances that the necessary.
Based upon review of the County’s Air Board has responsibility to The AQCA provides the New Mexico
infrastructure SIP submission for the implement the SIP adequately when it Environment Department with authority
2010 SO2 NAAQS, and relevant authorizes local or other agencies to to address environmental emergencies,
statutory and regulatory authorities and carry out portions of the plan, the EIA inclusive of contingency plans to
provisions referenced in the submission and the AQCA designate the Air Board implement emergency episode
or referenced in New Mexico’s SIP, EPA as the primary air pollution control provisions.
believes that Albuquerque-Bernalillo agency within Albuquerque-Bernalillo Pursuant to 40 CFR part 51, subpart
County has the adequate infrastructure County. The statutes allow for local H, Prevention of Air Pollution
needed to address sections agencies to carry out some or all of the Emergency Episodes, on January 26,
110(a)(2)(D)(i)(I) and (II), and Act’s responsibilities. 1989, the Air Board adopted the Air
110(a)(2)(D)(ii) for the 2010 SO2 NAAQS The Albuquerque/Bernalillo County Pollution Contingency Plan for
and is proposing to approve this Air Quality Control Board assumes Bernalillo County [August 21, 1991, 56
element of the June 11, 2015, jurisdiction for local administration and FR 38074; 40 CFR 52.1639, Prevention
submission. enforcement of the AQCA in Bernalillo of Air Emergency Episodes], which is
(E) Adequate authority, resources, County. There are Albuquerque/ part of the SIP, and covers air pollution
implementation, and oversight: The SIP Bernalillo County SIP provisions which episodes and the occurrence of an
must provide for the following: (1) are part of the New Mexico SIP.9 emergency due to the effects of the
Necessary assurances that the state (and (F) Stationary source monitoring pollutants on the health of persons.
other entities within the state system: The SIP requires the (H) Future SIP revisions: States must
responsible for implementing the SIP) establishment of a system to monitor have the authority to revise their SIPs in
will have adequate personnel, funding, emissions from stationary sources and response to changes in the NAAQS,
and authority under state or local law to to submit periodic emission reports. It availability of improved methods for
implement the SIP, and that there are no must require the installation, attaining the NAAQS, or in response to
legal impediments to such maintenance, and replacement of an EPA finding that the SIP is
implementation; (2) requirements equipment, and the implementation of substantially inadequate to attain the
relating to state boards; and (3) other necessary steps, by owners or NAAQS.
necessary assurances that the state has operators of stationary sources, to Albuquerque-Bernalillo County’s SIP
responsibility for ensuring adequate monitor emissions from sources. The is a compilation of regulations, plans
implementation of any plan provision SIP shall also require periodic reports and submittals that act to improve and
for which it relies on local governments on the nature and amounts of emissions maintain air quality in accordance with
or other entities to carry out that portion and emissions-related data from national standards. The authority to
of the plan. sources, and require that the state develop or revise the SIP is based on the
Both elements A and E address the correlate the source reports with authority to adopt new regulations and
requirement that there is adequate emission limitations or standards revise existing regulations to meet the
authority to implement and enforce the established under the CAA. These NAAQS. NMSA 1978 section 74–7–5
SIP and that there are no legal reports must be made available for gives the board the authority to perform
impediments. public inspection at reasonable times. these functions. Section 74–7–5 also
This i-SIP submission for the 2010 Requirements in 20.11.47 NMAC, gives the board the authority to adopt
SO2 NAAQS describes the SIP Emission Inventory Requirements regulations to abate, control and
regulations governing the various provide for the reporting of emissions prohibit air pollution throughout
functions of personnel within the AQP inventories in a format established by Bernalillo County in accordance with
and the Air Board, including the AQP on a schedule prescribed by the the State Rules Act. Nothing in New
administrative, technical support, regulation. There also are SIP state Mexico’s statutory or regulatory
planning, enforcement, and permitting regulations pertaining to sampling and authority prohibits Albuquerque-
functions of the program. testing and requirements for reporting of Bernalillo County from revising the SIP
With respect to funding, the resources emissions inventories. In addition, SIP in the event of a revision to the NAAQS.
to carry out the plan are provided rules establish general requirements for The AQCA specifically requires
through General Funds, Permit Fees and maintaining records and reporting revisions to the SIP if the scenarios set
the CAA grant process. Permit Fees are emissions. This information is used to forth in Section 110(a)(2)(H) occur.
collected under the authority of section track progress towards measuring the (I) Nonattainment areas: The CAA
74–2–7. NAAQS, developing control and section 110(a)(2)(I) requires that in the
As required by the CAA and the maintenance strategies, identifying case of a plan or plan revision for areas
Environmental Improvement Act (EIA), sources and general emission levels, and designated as nonattainment areas,
the SIP stipulates that any members of determining compliance with SIP states must meet applicable
the board or body, or the head of an regulations and additional EPA requirements of part D of the CAA,
mstockstill on DSK4VPTVN1PROD with PROPOSALS
agency with similar powers, adequately requirements. relating to SIP requirements for
disclose any potential conflicts of (G) Emergency authority: The SIP designated nonattainment areas.
interest. NMSA 1978 section 74–1–4 must provide for authority to address As noted earlier, EPA does not expect
provides the Air Board contain at least infrastructure SIP submissions to
9 Albuquerque/Bernalillo County SIP http://
a majority of members who represent address subsection (I). The specific SIP
yosemite.epa.gov/r6/Sip0304.nsf/
the public interest and do not derive home!OpenView&Start=1&Count=30&Collapse=
submissions for designated
any significant portion of their income 4.4#4.4 or https://www.law.cornell.edu/cfr/text/40/ nonattainment areas, as required under
from persons subject to or who appear 52.1620. CAA title I, part D, are subject to
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![69930 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules
October 4, 1993) and 13563 (76 FR 3821, AGENCY FOR INTERNATIONAL using special characters and any form of
January 21, 2011); DEVELOPMENT encryption. Please note that USAID
• Does not impose an information recommends sending all comments to
collection burden under the provisions 48 CFR Parts 722, 729, 731, and 752 the Federal eRulemaking Portal because
of the Paperwork Reduction Act (44 RIN 0412–AA78 security screening precautions have
U.S.C. 3501 et seq.); slowed the delivery and dependability
Various Administrative Changes and of surface mail to USAID/Washington.
• Is certified as not having a Three days after receipt of a comment
Clauses to the USAID Acquisition
significant economic impact on a and until finalization of the action, all
Regulation
substantial number of small entities comments will be made available at
under the Regulatory Flexibility Act (5 AGENCY: U.S. Agency for International http://www.regulations.gov for public
U.S.C. 601 et seq.); Development. review without change, including any
• Does not contain any unfunded ACTION: Proposed rule. personal information provided. We
mandate or significantly or uniquely recommend you do not submit
affect small governments, as described SUMMARY: The U.S. Agency for information that you consider
in the Unfunded Mandates Reform Act International Development (USAID) Confidential Business Information (CBI)
of 1995 (Pub. L. 104–4); seeks public comment on a proposed or any information that is otherwise
rule that would revise the Agency for protected from disclosure by statute.
• Does not have Federalism International Development Acquisition USAID will only address comments
implications as specified in Executive Regulation (AIDAR) to maintain that explain why the rule would be
Order 13132 (64 FR 43255, August 10, consistency with Federal and Agency inappropriate, ineffective or
1999); regulations and incorporate current and unacceptable without a change.
• Is not an economically significant new USAID clauses into the regulation. Comments that are insubstantial or
regulatory action based on health or DATES: Comments must be received no outside the scope of the rule will not be
safety risks subject to Executive Order later than December 14, 2015. considered.
13045 (62 FR 19885, April 23, 1997); ADDRESSES: Address all comments B. Background
• Is not a significant regulatory action concerning this notice to Marcelle J. USAID is seeking comments on the
subject to Executive Order 13211 (66 FR Wijesinghe, Bureau for Management, proposed rule as described below:
28355, May 22, 2001); Office of Acquisition and Assistance, • FAR subpart 22.8 prohibits federal
• Is not subject to requirements of Policy Division (M/OAA/P), Room 867J, contractors performing in the U.S. from
Section 12(d) of the National SA–44, Washington, DC 20523–2052. discrimination with regard to race,
Technology Transfer and Advancement Submit comments, identified by title of color, religion, sex, national origin,
Act of 1995 (15 U.S.C. 272 note) because the action and Regulatory Information disability, age, genetic information, or
application of those requirements would Number (RIN) by any of the following veteran status. As a matter of policy, the
be inconsistent with the CAA; and methods: Agency encourages all USAID
1. Through the Federal eRulemaking contractors performing and recruiting
• Does not provide EPA with the Portal at http://www.regulations.gov by
discretionary authority to address, as entirely outside the United States to
following the instructions for submitting apply these same standards of
appropriate, disproportionate human comments.
health or environmental effects, using nondiscrimination in their workplace.
2. By Email: Submit electronic The provision entitled
practicable and legally permissible comments to both mwijesinghe@
methods, under Executive Order 12898 ‘‘Nondiscrimination’’ contains language
usaid.gov and lbond@usaid.gov. See that encourages contractors performing
(59 FR 7629, February 16, 1994). SUPPLEMENTAL INFORMATION for file and recruiting entirely outside the
In addition, the SIP is not approved formats and other information about United States to establish
to apply on any Indian reservation land electronic filing. comprehensive nondiscrimination
or in any other area where EPA or an 3. By Mail addressed to: USAID, polices for their workplaces. The
Indian tribe has demonstrated that a Bureau for Management, Office of provision was implemented on an
tribe has jurisdiction. In those areas of Acquisition & Assistance, Policy interim basis in 2012 through Agency
Indian country, the proposed rule does Division, Room 867J, SA–44, policy found in ADS 302 Mandatory
not have tribal implications and will not Washington, DC 20523–2052. Reference, Special Provisions for
impose substantial direct costs on tribal FOR FURTHER INFORMATION CONTACT: Acquisition and is hereby formally
governments or preempt tribal law as Lyudmila Bond, Telephone: 202–567– incorporated in the AIDAR without
specified by Executive Order 13175 (65 4753 or Email: lbond@usaid.gov. revision at 752.222–71. The Agency
FR 67249, November 9, 2000). SUPPLEMENTARY INFORMATION: believes that the transfer of the clause
List of Subjects in 40 CFR Part 52 from the internal Agency policy into the
A. Instructions
AIDAR will have no impact on
Environmental protection, Air All comments must be in writing and contractors.
pollution control, Incorporation by submitted through one of the methods • Section 579 of the Foreign
reference, Intergovernmental relations, specified in the Addresses section Operations, Export Financing, and
Reporting and recordkeeping above. All submissions must include the Related Programs Appropriations Act of
mstockstill on DSK4VPTVN1PROD with PROPOSALS
requirements, Sulfur dioxide (SO2). title of the action and RIN for this FY 2003 (Pub. L. 108–7) and similar
Authority: 42 U.S.C. 7401 et seq. rulemaking. Please include your name, sections in subsequent acts require
title, organization, postal address, certain steps to prevent countries from
Dated: October 27, 2015.
telephone number, and email address in imposing taxes [defined as Value Added
Samuel Coleman, the text of the message. Tax (VAT) or customs duties] on U.S.
Acting Regional Administrator, Region 6. Comments submitted by email must foreign assistance. If taxes or customs
[FR Doc. 2015–28353 Filed 11–10–15; 8:45 am] be included in the text of the email or duties are imposed, the foreign
BILLING CODE 6560–50–P attached as a PDF file. Please avoid government must reimburse the amount
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Document Created: 2015-12-14 14:53:49
Document Modified: 2015-12-14 14:53:49
| 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 December 14, 2015. | |
| Contact | Tracie Donaldson, telephone 214-665- 6633, [email protected] To inspect the hard copy materials, please schedule an appointment with Tracie Donaldson or Bill Deese at 214-665-7253. | |
| FR Citation | 80 FR 69925 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide (so2 |
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