80 FR 75444 - Approval and Promulgation of Implementation Plans; State of New Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate Transport SIP 2010 Nitrogen Dioxide National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 231 (December 2, 2015)

Page Range		75444-75449
FR Document		2015-30490

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 the City of Albuquerque-Bernalillo County for the Nitrogen Dioxide (NO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2010 NO<INF>2</INF> 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 NO<INF>2</INF> emissions.

Federal Register, Volume 80 Issue 231 (Wednesday, December 2, 2015)

[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Proposed Rules]
[Pages 75444-75449]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-30490]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0613; FRL-9939-46-Region 6]

Approval and Promulgation of Implementation Plans; State of New
Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate
Transport SIP 2010 Nitrogen Dioxide National Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Federal Clean Air Act (CAA 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 the City of Albuquerque-Bernalillo County for the Nitrogen
Dioxide (NO2) National Ambient Air Quality Standards
(NAAQS). The submittal addresses how the existing SIP provides for
implementation, maintenance, and enforcement of the 2010 NO2
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 NO2 emissions.

DATES: Written comments must be received on or before January 4, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2013-0613, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Tracie Donaldson at Donaldson.tracie@epa.gov.
Mail or delivery: Mary Stanton, Chief, State
Implementation B Section (6MM-AB), 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.

[[Page 75445]]

Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2013-0613. 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. EPA will generally not consider comments or
comment contents located outside of the primary submission (i.e. on the
web, cloud, or other file sharing system). For additional information
on submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, telephone 214-665-
6633, donaldson.tracie@epa.gov. To inspect the hard copy materials,
please schedule an appointment with 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 January 22, 2010, EPA revised the primary NO2 NAAQS
(hereafter the 2010 NO2 NAAQS) to establish a new 1-hour
standard, with a level of 100 parts per billion (ppb), based on the 3-
year average of the annual 98th percentile of the yearly distributions
of 1-hour daily maximum concentrations (75 FR 6474). Each state must
submit an i-SIP within three years after the promulgation of a new or
revised NAAQS. Section 110(a)(2) of the CAA includes a list of specific
elements the i-SIP must meet. EPA issued guidance addressing the i-SIP
elements for NAAQS.\1\ The 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 July 26, 2013.
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\1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
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EPA is proposing to approve the Albuquerque-Bernalillo County, New
Mexico i-SIP submittal for the 2010 NO2 NAAQS,\2\ as meeting
the requirements of an i-SIP.
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\2\ Additional information on: The history of NO2,
its levels, forms and, determination of compliance; EPA's approach
for reviewing i-SIPs; the details of the SIP submittal and EPA's
evaluation; the effect of recent court decisions on i-SIPs; the
statute and regulatory citations in the New Mexico SIP specific to
this review; the specific i-SIP applicable CAA and EPA regulatory
citations; Federal Register Notice citations for New Mexico SIP
approvals; New Mexico's minor New Source Review program and EPA
approval activities; and, New Mexico's Prevention of Significant
Deterioration (PSD) program can be found in the Technical Support
Document (TSD).
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II. EPA's Evaluation of New Mexico's i-SIP and Interstate Transport
Submittal

Below is a summary of EPA's evaluation of the Albuquerque-
Bernalillo County, New Mexico i-SIP for each applicable element of
110(a)(2) A-M. The Albuquerque-Bernalillo County Air Quality Control
Board (Air Board) provided a demonstration of how the existing
Albuquerque-Bernalillo County, New Mexico SIP met all the requirements
of the 2010 NO2 NAAQS on July 26, 2013. This SIP submission
is complete by operation of law on January 26, 2014. See CAA section
110(k)(1)(B).
(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\
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\3\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2010 NO2
NAAQS. Those SIP provisions are due as part of each state's
attainment plan, and will be addressed separately from the
requirements of section 110(a)(2)(A). In the context of an
infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the
implementation of the NAAQS.
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Legislative authority for Albuquerque-Bernalillo County's air
quality program codified in Chapter 74 Environmental Improvement,
Article 2, Air Pollution, of the New Mexico statutes, gives the Air
Board and the Albuquerque Environmental Health Department's Air Quality
Program (AQP) the authority to implement the CAA in Albuquerque-
Bernalillo County, New Mexico. Enforceable emission limitations and
other control measures are authorized by the New Mexico Air Quality
Control Act (AQCA) which established the Air Board and those provisions
of New Mexico Administrative Code (NMAC) Title 20, Environmental
Protection, Chapter 11, Albuquerque-Bernalillo County Air Quality
Control Board. They can adopt emission standards and compliance
schedules applicable to regulated entities; emission standards and
limitations and any other measures necessary for attainment and
maintenance of national standards; and, enforce applicable laws,
regulations, standards and compliance schedules, and seek injunctive
relief within the boundaries of Bernalillo County. This authority has
been employed to adopt and submit multiple revisions to the
Albuquerque-Bernalillo County, New Mexico State Implementation Plan.
The approved SIP for Albuquerque-Bernalillo County, New Mexico is
documented at 40 CFR part 52.1620, Subpart GG.\4\
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\4\ http://www.ecfr.gov/cgi-bin/text-idx?SID=64943a7422504656d8d72e9d6f87f177&mc=true&node=sp40.5.52.ss&rgn=div6.
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(B) Ambient air quality monitoring/data system: The SIP must
provide for

[[Page 75446]]

establishment and implementation of ambient air quality monitors,
collection and analysis of monitoring data, and providing the data to
EPA upon request.
The AQCA provides AQP with the authority to monitor ambient air
quality in the county (NMSA 1978, section 74-2-5). AQP maintains a
monitoring network for the NAAQS and submits an annual Network
Assessment to EPA. 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.
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\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.
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(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\
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\6\ As discussed in further detail in the TSD.
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(1) Enforcement of SIP Measures. As noted in (A), the state
statutes provide authority for the AQP to enforce the requirements of
the AQCA within Albuquerque-Bernalillo County, and any regulations,
permits, or final compliance orders. Its statutes also provide the AQP
with general enforcement powers. Among other things, they can file
lawsuits to compel compliance with the statutes and regulations;
commence civil actions; issue field citations; conduct investigations
of regulated entities; collect criminal and civil penalties; develop
and enforce rules and standards related to protection of air quality;
issue compliance orders; pursue criminal prosecutions; investigate,
enter into remediation agreements; and issue emergency cease and desist
orders. The AQCA also provides additional enforcement authorities and
funding mechanisms.
(2) Minor New Source Review (NSR). The CAA requires the SIP 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\
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\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.
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(3) Prevention of Significant Deterioration (PSD) permit program.
Albuquerque-Bernalillo County's PSD portion of the SIP covers all NSR
regulated pollutants as well as the requirements for the 2010
NO2 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).
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\8\ As discussed further in the TSD.
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(D) Interstate and international transport: The requirements for
interstate transport of NO2 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)).
In the original submission, Albuquerque-Bernalillo County requested
that EPA not consider element 110(a)(2)(D)(i)(I) as a revision to the
SIP at that time stating that this element would be addressed at a
future date. In a letter dated October 2, 2015, from NMED Secretary
Ryan Flynn to Regional Administrator Ron Curry, a request was made that
we now consider and act on this element of the i-SIP. As all the
information needed to make this determination was included in the
original submission, as well as monitored NO2 concentrations
indicating design values below the standard, and the lack of
NO2 nonattainment areas in New Mexico (including
Albuquerque-Bernalillo County) or within close proximity, we find that
Albuquerque-Bernalillo County does not contribute to nonattainment nor
interfere with maintenance of the NAAQS.
With respect to the interstate transport and 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 NO2 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
NO2 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, 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

[[Page 75447]]

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 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 NO2 NAAQS, and relevant statutory and regulatory
authorities and provisions referenced in the submission or referenced
in New Mexico's SIP, EPA believes that Albuquerque-Bernalillo County
has the adequate infrastructure needed to address sections
110(a)(2)(D)(i)(I) and (II)(all 4 interstate transport requirements),
as well as 110(a)(2)(D)(ii) for the 2010 NO2 NAAQS and is
proposing to approve this element of the July 26, 2013, 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 herein 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 NO2 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\
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\9\ Albuquerque/Bernalillo County SIP http://yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&Start=1&Count=30&Collapse=4.4#4.4 or
https://www.law.cornell.edu/cfr/text/40/52.1620.
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(F) Stationary source monitoring system: The SIP requires the
establishment of a system to monitor emissions from stationary sources
and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.
Requirements in 20.11.47 NMAC, Emission Inventory Requirements
provide for the reporting of emissions inventories in a format
established by AQP on a schedule prescribed by the regulation. There
also are SIP state regulations pertaining to sampling and testing and
requirements for reporting of emissions inventories. In addition, SIP
rules establish general requirements for maintaining records and
reporting emissions. This information is used to track progress towards
measuring the NAAQS, developing control and maintenance strategies,
identifying sources and general emission levels, and determining
compliance with SIP regulations and additional EPA requirements.
(G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
The AQCA provides the New Mexico Environment Department with
authority to address environmental emergencies, including the use 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 Albuquerque-
Bernalillo County in accordance with the State Rules Act. Nothing in
New Mexico's statutory or regulatory authority prohibits

[[Page 75448]]

Albuquerque-Bernalillo County from revising the SIP in the event of a
revision to the NAAQS. The AQCA specifically requires revisions to the
SIP if the scenarios set forth in Section 110(a)(2)(H) occur.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
As noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. Instead, EPA will take action on part D
attainment plan SIP submissions through a separate rulemaking process
governed by the requirements for nonattainment areas, as described in
part D.
(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''.
(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 [4/10/80, 45 FR 24468].
Albuquerque-Bernalillo County's title V operating permit program
codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/
8/04 [FR vol. 69, No. 173, pp. 54244-47]. In addition, see element (E)
above for the description of the mandatory collection of permitting
fees outlined in the SIP.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
New Mexico State Statute Section 74-2-5.2 State Air Pollution
Control Agency; Specific Duties and Powers of the Department, states
that, ``The department is the state air pollution control agency for
all purposes under federal legislation relating to pollution. The
department is required to ``advise, consult, contract and cooperate
with local authorities, other states, the federal government and other
interested persons or groups in regard to matters of common interest in
the field of air quality control.'' Also see element (J) above for a
discussion of the SIP's public participation process, the authority to
advise and consult, and the PSD SIP's public participation
requirements.

III. Proposed Action

EPA is proposing to approve the July 26, 2013, 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 NO2 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 NO2 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 NO2 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, 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

[[Page 75449]]

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 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, Nitrogen dioxide (NO2).

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

Dated: November 17, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-30490 Filed 12-1-15; 8:45 am]
BILLING CODE 6560-50-P

75444 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules

operations in Table 2 of the revised rule beyond those imposed by State law. For Authority: 42 U.S.C. 7401 et seq.
are not enforceable because of the that reason, this proposed action: Dated: November 12, 2015.
option to pay fees in lieu of compliance • Is not a ‘‘significant regulatory
Jared Blumenfeld,
with the limits (section 5.2.2.2), the rule action’’ subject to review by the Office
clearly requires that all engines in the of Management and Budget under Regional Administrator, Region IX.
fee program comply with the applicable Executive Order 12866 (58 FR 51735, [FR Doc. 2015–30542 Filed 12–1–15; 8:45 am]
limits in Table 1 of the rule (section October 4, 1993); BILLING CODE 6560–50–P
5.2.2.2.1), which are identical to the • does not impose an information
control requirements in the SIP- collection burden under the provisions
approved version of Rule 4702. Based of the Paperwork Reduction Act (44 ENVIRONMENTAL PROTECTION
on our evaluation of the control U.S.C. 3501 et seq.); AGENCY
requirements in the rule and related • is certified as not having a
significant economic impact on a 40 CFR Part 52
support documents in the SIP
submission, we propose to determine substantial number of small entities [EPA–R06–OAR–2013–0613; FRL–9939–46–
that Rule 4702 implements BACT for under the Regulatory Flexibility Act (5 Region 6]
NOX emissions from stationary internal U.S.C. 601 et seq.);
combustion engines operating in the • does not contain any unfunded Approval and Promulgation of
SJV. The TSD has more information on mandate or significantly or uniquely Implementation Plans; State of New
our evaluation. affect small governments, as described Mexico/Albuquerque-Bernalillo
in the Unfunded Mandates Reform Act County; Infrastructure and Interstate
C. EPA Recommendations to Further of 1995 (Pub. L. 104–4); Transport SIP 2010 Nitrogen Dioxide
Improve the Rule • does not have Federalism National Ambient Air Quality
The TSD describes additional rule implications as specified in Executive Standards
revisions that we recommend for the Order 13132 (64 FR 43255, August 10, AGENCY: Environmental Protection
next time SJVUAPCD modifies the rule 1999); Agency (EPA).
but are not currently the basis for rule • is not an economically significant
regulatory action based on health or ACTION: Proposed rule.
disapproval.
safety risks subject to Executive Order SUMMARY: Under the Federal Clean Air
D. Public Comment and Proposed 13045 (62 FR 19885, April 23, 1997);
Action Act (CAA or the Act), the
• is not a significant regulatory action Environmental Protection Agency (EPA)
As authorized in section 110(k)(3) of subject to Executive Order 13211 (66 FR is proposing to approve a State
the Act, EPA is proposing to fully 28355, May 22, 2001); Implementation Plan (SIP) submission
approve the submitted rule based on our • is not subject to requirements of from the State of New Mexico on behalf
conclusion that the rule satisfies all Section 12(d) of the National of the City of Albuquerque-Bernalillo
applicable CAA requirements. We will Technology Transfer and Advancement County for the Nitrogen Dioxide (NO2)
accept comments from the public on Act of 1995 (15 U.S.C. 272 note) because National Ambient Air Quality Standards
this proposal until January 4, 2016. application of those requirements would (NAAQS). The submittal addresses how
be inconsistent with the Clean Air Act; the existing SIP provides for
III. Incorporation by Reference and implementation, maintenance, and
In this rule, the EPA is proposing to • does not provide EPA with the
enforcement of the 2010 NO2 NAAQS
include in a final EPA rule regulatory discretionary authority to address
(infrastructure SIP or i-SIP). This i-SIP
text that includes incorporation by disproportionate human health or
ensures that the State’s SIP for
reference. In accordance with environmental effects with practical,
Albuquerque-Bernalillo County is
requirements of 1 CFR 51.5, the EPA is appropriate, and legally permissible
adequate to meet the state’s
proposing to incorporate by reference methods under Executive Order 12898
responsibilities under the CAA,
the SJVUAPCD rule as described in (59 FR 7629, February 16, 1994).
including the four CAA requirements
Table 1 of this notice. The EPA has In addition, this proposed action does
for interstate transport of NO2
made, and will continue to make, these not have tribal implications as specified
emissions.
documents available electronically by Executive Order 13175 (65 FR 67249,
through www.regulations.gov and in November 9, 2000), because the SIP is DATES: Written comments must be
hard copy at the appropriate EPA office not approved to apply on any Indian received on or before January 4, 2016.
(see the ADDRESSES section of this reservation land or in any other area ADDRESSES: Submit your comments,
preamble for more information). where EPA or an Indian tribe has identified by Docket ID Number EPA–
demonstrated that a tribe has R06–OAR–2013–0613, by one of the
IV. Statutory and Executive Order
jurisdiction. In those areas of Indian following methods:
Reviews • www.regulations.gov. Follow the
country, the rule will not have tribal
Under the Clean Air Act, the implications and will not impose online instructions.
Administrator is required to approve a substantial direct costs on tribal • Email: Tracie Donaldson at
SIP submission that complies with the governments or preempt tribal law. Donaldson.tracie@epa.gov.
provisions of the Act and applicable • Mail or delivery: Mary Stanton,
Federal regulations. 42 U.S.C. 7410(k); List of Subjects in 40 CFR Part 52 Chief, State Implementation B Section
jstallworth on DSK7TPTVN1PROD with PROPOSALS

40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, Air (6MM–AB), Environmental Protection
submissions, EPA’s role is to approve pollution control, Carbon monoxide, Agency, 1445 Ross Avenue, Suite 1200,
State choices, provided that they meet Incorporation by reference, Dallas, Texas 75202–2733. Deliveries
the criteria of the Clean Air Act. Intergovernmental relations, Nitrogen are accepted only between the hours of
Accordingly, this proposed action dioxide, Ozone, Particulate matter, 8 a.m. and 4 p.m. weekdays, and not on
merely proposes to approve State law as Reporting and recordkeeping legal holidays. Special arrangements
meeting Federal requirements and does requirements, Volatile organic should be made for deliveries of boxed
not impose additional requirements compounds. information.

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Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 75445

Instructions: Direct your comments to inspect the hard copy materials, please January 26, 2014. See CAA section
Docket ID No. EPA–R06–OAR–2013– schedule an appointment with Tracie 110(k)(1)(B).
0613. EPA’s policy is that all comments Donaldson or Bill Deese at 214–665– (A) Emission limits and other control
received will be included in the public 7253. measures: CAA section 110(a)(2)(A)
docket without change, and may be SUPPLEMENTARY INFORMATION:
requires SIPs to include enforceable
made available online at Throughout this document wherever emission limits and other control
www.regulations.gov, including any ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean measures, means or techniques, as well
personal information provided, unless the EPA. as schedules and timetables for
the comment includes information compliance, as may be necessary or
claimed to be Confidential Business I. Background appropriate to meet the applicable
Information (CBI) or other information On January 22, 2010, EPA revised the requirements of the Act, and other
whose disclosure is restricted by statute. primary NO2 NAAQS (hereafter the related matters as needed to implement,
Do not submit electronically any 2010 NO2 NAAQS) to establish a new 1- maintain and enforce each of the
information that you consider to be CBI hour standard, with a level of 100 parts NAAQS.3
or other information whose disclosure is per billion (ppb), based on the 3-year Legislative authority for Albuquerque-
restricted by statute. The average of the annual 98th percentile of Bernalillo County’s air quality program
www.regulations.gov Web site is an the yearly distributions of 1-hour daily codified in Chapter 74 Environmental
‘‘anonymous access’’ system, which maximum concentrations (75 FR 6474). Improvement, Article 2, Air Pollution, of
means EPA will not know your identity Each state must submit an i-SIP within the New Mexico statutes, gives the Air
or contact information unless you three years after the promulgation of a Board and the Albuquerque
provide it in the body of your comment. new or revised NAAQS. Section Environmental Health Department’s Air
If you send an email comment directly 110(a)(2) of the CAA includes a list of Quality Program (AQP) the authority to
to EPA without going through specific elements the i-SIP must meet. implement the CAA in Albuquerque-
www.regulations.gov, your email EPA issued guidance addressing the Bernalillo County, New Mexico.
address will be automatically captured i-SIP elements for NAAQS.1 The Enforceable emission limitations and
and included as part of the comment Secretary of the New Mexico other control measures are authorized
that is placed in the public docket and Environmental Department (NMED) by the New Mexico Air Quality Control
made available on the Internet. If you submitted an i-SIP revision on behalf of Act (AQCA) which established the Air
submit an electronic comment, EPA Albuquerque-Bernalillo County to Board and those provisions of New
recommends that you include your address this revised NAAQS on July 26, Mexico Administrative Code (NMAC)
name and other contact information in 2013. Title 20, Environmental Protection,
the body of your comment and with any EPA is proposing to approve the Chapter 11, Albuquerque-Bernalillo
disk or CD–ROM you submit. If EPA Albuquerque-Bernalillo County, New County Air Quality Control Board. They
cannot read your comment due to Mexico i-SIP submittal for the 2010 NO2 can adopt emission standards and
technical difficulties and cannot contact NAAQS,2 as meeting the requirements compliance schedules applicable to
you for clarification, EPA may not be of an i-SIP. regulated entities; emission standards
able to consider your comment. and limitations and any other measures
II. EPA’s Evaluation of New Mexico’s necessary for attainment and
Electronic files should avoid the use of i-SIP and Interstate Transport
special characters, any form of maintenance of national standards; and,
Submittal enforce applicable laws, regulations,
encryption, and be free of any defects or
viruses. Multimedia submissions (audio, Below is a summary of EPA’s standards and compliance schedules,
video, etc.) must be accompanied by a evaluation of the Albuquerque- and seek injunctive relief within the
written comment. The written comment Bernalillo County, New Mexico i-SIP for boundaries of Bernalillo County. This
is considered the official comment and each applicable element of 110(a)(2) A– authority has been employed to adopt
should include discussion of all points M. The Albuquerque-Bernalillo County and submit multiple revisions to the
you wish to make. EPA will generally Air Quality Control Board (Air Board) Albuquerque-Bernalillo County, New
not consider comments or comment provided a demonstration of how the Mexico State Implementation Plan. The
contents located outside of the primary existing Albuquerque-Bernalillo County, approved SIP for Albuquerque-
submission (i.e. on the web, cloud, or New Mexico SIP met all the Bernalillo County, New Mexico is
other file sharing system). For requirements of the 2010 NO2 NAAQS documented at 40 CFR part 52.1620,
additional information on submitting on July 26, 2013. This SIP submission Subpart GG.4
comments, please visit http:// is complete by operation of law on (B) Ambient air quality monitoring/
www2.epa.gov/dockets/commenting- data system: The SIP must provide for
1 ‘‘Guidance on Infrastructure State
epa-dockets.
Implementation Plan (SIP) Elements under Clean 3 The specific nonattainment area plan
Docket: The index to the docket for Air Act sections 110(a)(1) and 110(a)(2),’’ requirements of section 110(a)(2)(I) are subject to
this action is available electronically at Memorandum from Stephen D. Page, September 13, the timing requirements of section 172, not the
www.regulations.gov and in hard copy 2013. timing requirement of section 110(a)(1). Thus,
at EPA Region 6, 1445 Ross Avenue, 2 Additional information on: The history of NO ,
2 section 110(a)(2)(A) does not require that states
its levels, forms and, determination of compliance; submit regulations or emissions limits specifically
Suite 700, Dallas, Texas. While all EPA’s approach for reviewing i-SIPs; the details of for attaining the 2010 NO2 NAAQS. Those SIP
documents in the docket are listed in the SIP submittal and EPA’s evaluation; the effect provisions are due as part of each state’s attainment
jstallworth on DSK7TPTVN1PROD with PROPOSALS

the index, some information may be of recent court decisions on i-SIPs; the statute and plan, and will be addressed separately from the
publicly available only at the hard copy regulatory citations in the New Mexico SIP specific requirements of section 110(a)(2)(A). In the context
to this review; the specific i-SIP applicable CAA of an infrastructure SIP, EPA is not evaluating the
location (e.g., copyrighted material), and and EPA regulatory citations; Federal Register existing SIP provisions for this purpose. Instead,
some may not be publicly available at Notice citations for New Mexico SIP approvals; EPA is only evaluating whether the state’s SIP has
either location (e.g., CBI). New Mexico’s minor New Source Review program basic structural provisions for the implementation
and EPA approval activities; and, New Mexico’s of the NAAQS.
FOR FURTHER INFORMATION CONTACT: 4 http://www.ecfr.gov/cgi-bin/text-idx?
Prevention of Significant Deterioration (PSD)
Tracie Donaldson, telephone 214–665– program can be found in the Technical Support SID=64943a7422504656d8d72e9d6f87f177&mc=
6633, donaldson.tracie@epa.gov. To Document (TSD). true&node=sp40.5.52.ss&rgn=div6.

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75448 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules

Albuquerque-Bernalillo County from rulemaking and is used as a guide for participation by local political
revising the SIP in the event of a notice requirements when adopting subdivisions affected by the SIP.
revision to the NAAQS. The AQCA SIPs. New Mexico State Statute Section 74–
specifically requires revisions to the SIP (3) PSD and Visibility Protection: The 2–5.2 State Air Pollution Control
if the scenarios set forth in Section PSD requirements here are the same as Agency; Specific Duties and Powers of
110(a)(2)(H) occur. those addressed under (C). The the Department, states that, ‘‘The
(I) Nonattainment areas: The CAA Albuquerque-Bernalillo County, New department is the state air pollution
section 110(a)(2)(I) requires that in the Mexico SIP requirements relating to control agency for all purposes under
case of a plan or plan revision for areas visibility and regional haze are not federal legislation relating to pollution.
designated as nonattainment areas, affected when EPA establishes or revises The department is required to ‘‘advise,
states must meet applicable a NAAQS. Therefore, EPA believes that consult, contract and cooperate with
requirements of part D of the CAA, there are no new visibility protection local authorities, other states, the federal
relating to SIP requirements for requirements due to the revision of the government and other interested
designated nonattainment areas. NAAQS, and consequently there are no persons or groups in regard to matters
As noted earlier, EPA does not expect newly applicable visibility protection of common interest in the field of air
infrastructure SIP submissions to obligations pursuant to infrastructure quality control.’’ Also see element (J)
address subsection (I). The specific SIP element J after the promulgation of a above for a discussion of the SIP’s
submissions for designated new or revised NAAQS. public participation process, the
nonattainment areas, as required under (K) Air quality and modeling/data: authority to advise and consult, and the
CAA title I, part D, are subject to The SIP must provide for performing air PSD SIP’s public participation
different submission schedules than quality modeling, as prescribed by EPA, requirements.
those for section 110 infrastructure to predict the effects on ambient air
elements. Instead, EPA will take action III. Proposed Action
quality of any emissions of any NAAQS EPA is proposing to approve the July
on part D attainment plan SIP pollutant, and for submission of such
submissions through a separate 26, 2013, infrastructure SIP submission
data to EPA upon request. from Albuquerque-Bernalillo County,
rulemaking process governed by the
AQP has the duty, authority and New Mexico, which addresses the
requirements for nonattainment areas,
technical capability to conduct air requirements of CAA sections 110(a)(1)
as described in part D.
(J) Consultation with government quality modeling, pursuant to the and (2) as applicable to the 2010 NO2
officials, public notification, PSD and AQCA, in order to assess the effect on NAAQS. Specifically, EPA is proposing
visibility protection: The SIP must meet ambient air quality of relevant pollutant to approve the following infrastructure
the following three requirements: (1) emissions; and can provide relevant elements: 110(a)(2)(A), (B), (C), (D), (E),
Relating to interagency consultation data as part of the permitting and (F), (G), (H), (J), (K), (L), and (M). EPA
regarding certain CAA requirements; (2) NAAQS implementation process. AQP is not proposing action pertaining to
relating to public notification of NAAQS follows EPA guidelines for air section 110(a)(2)(I)—Nonattainment
exceedances and related issues; and, (3) dispersion modeling. Upon request, Area Plan or Plan Revisions as EPA
prevention of significant deterioration of AQP will submit current and future data believes these need not be addressed in
air quality and visibility protection. relating to air quality modeling to EPA. the i-SIP. Based upon review of the
(1) Interagency consultation: As (L) Permitting Fees: The SIP must state’s infrastructure SIP submissions
required by the AQCA, there must be a require each major stationary source to and relevant statutory and regulatory
public hearing before the adoption of pay permitting fees to the permitting authorities and provisions referenced in
any regulations or emission control authority, as a condition of any permit these submissions or referenced in
requirements and all interested persons required under the CAA, to cover the Albuquerque-Bernalillo County, New
must be given a reasonable opportunity cost of reviewing and acting upon any Mexico’s SIP, EPA believes that
to submit data, view documents, or application for such a permit, and, if the Albuquerque-Bernalillo County, New
argue orally or in writing and to permit is issued, the costs of Mexico has the infrastructure in place to
examine testimony of witnesses from implementing and enforcing the terms address all applicable required elements
the hearing. In addition, the AQCA of the permit. The fee requirement of sections 110(a)(1) and (2) to ensure
provides for the power and duty to applies until a fee program established that the 2010 NO2 NAAQS are
‘‘advise, consult, contract with and by the state pursuant to Title V of the implemented in the county. We also are
cooperate with local authorities, other CAA, relating to operating permits, is proposing to approve the State’s
states, the federal government and other approved by EPA. demonstration that it meets the four
interested persons or groups in regard to The fee requirements of 20.11.2 statutory requirements for interstate
matters of common interest in the field NMAC have been approved by EPA as transport of NO2 emissions.
of air quality control’’. meeting the CAA requirements and
(2) Public Notification: The i-SIP were incorporated into the IV. Statutory and Executive Order
provides the SIP regulatory citations Albuquerque-Bernalillo County, New Reviews
requiring the Air Board to regularly Mexico SIP [4/10/80, 45 FR 24468]. Under the CAA, the Administrator is
notify the public of instances or areas in Albuquerque-Bernalillo County’s title V required to approve a SIP submission
which any NAAQS are exceeded, advise operating permit program codified at that complies with the provisions of the
the public of the health hazard 20.11.42 NMAC, Operating Permits, was Act and applicable Federal regulations.
jstallworth on DSK7TPTVN1PROD with PROPOSALS

associated with such exceedances, and approved by EPA on 9/8/04 [FR vol. 69, 42 U.S.C. 7410(k); 40 CFR 52.02(a).
enhance public awareness of measures No. 173, pp. 54244–47]. In addition, see Thus, in reviewing SIP submissions,
that can prevent such exceedances and element (E) above for the description of EPA’s role is to approve state choices,
ways in which the public can the mandatory collection of permitting provided that they meet the criteria of
participate in efforts to improve air fees outlined in the SIP. the CAA. Accordingly, this action
quality. 20.11.82 NMAC, Rulemaking (M) Consultation/participation by merely proposes to approve state law as
Procedures—Air Quality Control Board, affected local entities: The SIP must meeting Federal requirements and does
stipulates notice requirements for provide for consultation and not impose additional requirements

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Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 75449

beyond those imposed by state law. For Dated: November 17, 2015. I. General Information
that reason, this action: Ron Curry,
A. Does this action apply to me?
• Is not a ‘‘significant regulatory Regional Administrator, Region 6.
action’’ subject to review by the Office [FR Doc. 2015–30490 Filed 12–1–15; 8:45 am]
You may be potentially affected by
of Management and Budget under this action if you are an agricultural
BILLING CODE 6560–50–P
Executive Orders 12866 (58 FR 51735, producer, food manufacturer, or
October 4, 1993) and 13563 (76 FR 3821, pesticide manufacturer. The following
January 21, 2011); ENVIRONMENTAL PROTECTION list of North American Industrial
AGENCY Classification System (NAICS) codes is
• Does not impose an information not intended to be exhaustive, but rather
collection burden under the provisions 40 CFR Part 180 provides a guide to help readers
of the Paperwork Reduction Act (44 determine whether this document
U.S.C. 3501 et seq.); [EPA–HQ–OPP–2014–0008; FRL–9939–55]
applies to them. Potentially affected
• Is certified as not having a Receipt of Several Pesticide Petitions entities may include:
significant economic impact on a Filed for Residues of Pesticide • Crop production (NAICS code 111).
substantial number of small entities • Animal production (NAICS code
Chemicals in or on Various
under the Regulatory Flexibility Act (5 112).
Commodities • Food manufacturing (NAICS code
U.S.C. 601 et seq.);
AGENCY: Environmental Protection 311).
• Does not contain any unfunded • Pesticide manufacturing (NAICS
mandate or significantly or uniquely Agency (EPA).
ACTION: Notice of filing of petitions and code 32532).
affect small governments, as described If you have any questions regarding
in the Unfunded Mandates Reform Act request for comment.
the applicability of this action to a
of 1995 (Pub. L. 104–4); particular entity, consult the person
SUMMARY: This document announces the
• Does not have Federalism Agency’s receipt of several initial filings listed under FOR FURTHER INFORMATION
implications as specified in Executive of pesticide petitions requesting the CONTACT for the division listed at the
Order 13132 (64 FR 43255, August 10, establishment or modification of end of the pesticide petition summary of
1999); regulations for residues of pesticide interest.
• Is not an economically significant chemicals in or on various commodities. B. What should I consider as I prepare
regulatory action based on health or DATES: Comments must be received on my comments for EPA?
safety risks subject to Executive Order or before January 4, 2016.
13045 (62 FR 19885, April 23, 1997); 1. Submitting CBI. Do not submit this
ADDRESSES: Submit your comments, information to EPA through
• Is not a significant regulatory action identified by docket identification (ID) regulations.gov or email. Clearly mark
subject to Executive Order 13211 (66 FR number and the pesticide petition the part or all of the information that
28355, May 22, 2001); number (PP) of interest as shown in the you claim to be CBI. For CBI
• Is not subject to requirements of body of this document, by one of the information in a disk or CD–ROM that
Section 12(d) of the National following methods: you mail to EPA, mark the outside of the
Technology Transfer and Advancement • Federal eRulemaking Portal: http:// disk or CD–ROM as CBI and then
Act of 1995 (15 U.S.C. 272 note) because www.regulations.gov. Follow the online identify electronically within the disk or
application of those requirements would instructions for submitting comments. CD–ROM the specific information that
be inconsistent with the CAA; and Do not submit electronically any is claimed as CBI. In addition to one
information you consider to be
• Does not provide EPA with the complete version of the comment that
Confidential Business Information (CBI) includes information claimed as CBI, a
discretionary authority to address, as
or other information whose disclosure is copy of the comment that does not
appropriate, disproportionate human
restricted by statute. contain the information claimed as CBI
health or environmental effects, using • Mail: OPP Docket, Environmental
practicable and legally permissible must be submitted for inclusion in the
Protection Agency Docket Center (EPA/ public docket. Information so marked
methods, under Executive Order 12898 DC), (28221T), 1200 Pennsylvania Ave.
(59 FR 7629, February 16, 1994). will not be disclosed except in
NW., Washington, DC 20460–0001. accordance with procedures set forth in
In addition, the SIP is not approved • Hand Delivery: To make special
to apply on any Indian reservation land 40 CFR part 2.
arrangements for hand delivery or 2. Tips for preparing your comments.
or in any other area where EPA or an delivery of boxed information, please When preparing and submitting your
Indian tribe has demonstrated that a follow the instructions at http:// comments, see the commenting tips at
tribe has jurisdiction. In those areas of www.epa.gov/dockets/contacts.html. http://www.epa.gov/dockets/
Indian country, the proposed rule does Additional instructions on comments.html.
not have tribal implications and will not commenting or visiting the docket, 3. Environmental justice. EPA seeks to
impose substantial direct costs on tribal along with more information about achieve environmental justice, the fair
governments or preempt tribal law as dockets generally, is available at treatment and meaningful involvement
specified by Executive Order 13175 (65 http://www.epa.gov/dockets. of any group, including minority and/or
FR 67249, November 9, 2000). FOR FURTHER INFORMATION CONTACT: low-income populations, in the
jstallworth on DSK7TPTVN1PROD with PROPOSALS

List of Subjects in 40 CFR Part 52 Susan Lewis, Registration Division development, implementation, and
(7505P), Office of Pesticide Programs, enforcement of environmental laws,
Environmental protection, Air Environmental Protection Agency, 1200 regulations, and policies. To help
pollution control, Incorporation by Pennsylvania Ave. NW., Washington, address potential environmental justice
reference, Intergovernmental relations, DC 20460–0001; main telephone issues, the Agency seeks information on
Reporting and recordkeeping number: (703) 305–7090; email address: any groups or segments of the
requirements, Nitrogen dioxide (NO2). RDFRNotices@epa.gov. population who, as a result of their
Authority: 42 U.S.C. 7401 et seq. SUPPLEMENTARY INFORMATION: location, cultural practices, or other

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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 January 4, 2016.
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 75444
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Nitrogen Dioxide (no2