81 FR 7976 - Approval and Promulgation of Implementation Plans; New Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate Transport State Implementation Plan for the 2010 Sulfur Dioxide National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 31 (February 17, 2016)
Federal Register Volume 81, Issue 31 (February 17, 2016)
| Page Range | 7976-7978 | |
| FR Document | 2016-03117 |
[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)] [Rules and Regulations] [Pages 7976-7978] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03117] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0431; FRL-9942-29-Region 6] Approval and Promulgation of Implementation Plans; New Mexico/ Albuquerque-Bernalillo County; Infrastructure and Interstate Transport State Implementation Plan for the 2010 Sulfur Dioxide National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submission from the Governor of New Mexico for the City 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 Federal Clean Air Act (CAA or Act), including the four CAA requirements for interstate transport of SO2 emissions. DATES: This final rule is effective on March 18, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0431. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202- 2733. [[Page 7977]] FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214-665-6633, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our November 12, 2015 Proposal (80 FR 69925). In that notice, we proposed that the Albuquerque-Bernalillo County New Mexico i-SIP submittal for the 2010 SO2 NAAQS met the requirements for an i-SIP, including the requirements for interstate transport of SO2 emissions. Our Proposal and the technical support documents (TSDs) that accompanied the proposed rule provide detailed descriptions of the revisions and the rationale for our proposed decisions. Please see the docket for these and other documents regarding our Proposal. The public comment period for our Proposal closed on December 14, 2015. II. Comment Received We received one comment, which is posted in the docket, but is not relevant to the subject of this rulemaking. III. Final Action We are approving the June 11, 2015 i-SIP submission from Albuquerque-Bernalillo County New Mexico, which address the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2010 SO2 NAAQS. Specifically, we are approving the following infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving the New Mexico- Albuquerque-Bernalillo County demonstration as 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, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 18, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 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 ). Dated: February 4, 2016. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart GG--New Mexico 0 2. The second table in Sec. 52.1620(e) entitled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is amended by adding a new entry at the end of the table ``Infrastructure and Interstate Transport for the 2010 SO2 NAAQS''. The addition reads as follows: Sec. 52.1620 Identification of plan. * * * * * (e) * * * [[Page 7978]] EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP ---------------------------------------------------------------------------------------------------------------- Applicable geographic or State EPA approval Name of SIP provision nonattainment submittal/ date Explanation area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Interstate Albuquerque- 6/11/2015 2/17/16 [Insert ........................... Transport for the 2010 SO2 Bernalillo FR page number NAAQS. County. where document begins]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-03117 Filed 2-16-16; 8:45 am] BILLING CODE 6560-50-P
![7976 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations
relationship between the Federal List of Subjects in 33 CFR Part 165 Dated: January 27, 2016.
Government and Indian tribes, or on the Harbors, Marine Safety, Navigation James B. Pruett,
distribution of power and (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the
responsibilities between the Federal requirements, Security measures, Port, Guam.
Government and Indian tribes. If you Waterways. [FR Doc. 2016–03224 Filed 2–16–16; 8:45 am]
believe this rule has implications for BILLING CODE 9110–04–P
For the reasons discussed in the
federalism or Indian tribes, please
preamble, the Coast Guard amends 33
contact the person listed in the FOR
CFR part 165 as follows:
FURTHER INFORMATION CONTACT section
above. ENVIRONMENTAL PROTECTION
PART 165—REGULATED NAVIGATION
AGENCY
E. Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS
40 CFR Part 52
The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165
of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows:
[EPA–R06–OAR–2015–0431; FRL–9942–29–
Federal agencies to assess the effects of Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Region 6]
their discretionary regulatory actions. In 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
particular, the Act addresses actions Department of Homeland Security Delegation Approval and Promulgation of
that may result in the expenditure by a No. 0170.1. Implementation Plans; New Mexico/
State, local, or tribal government, in the ■ 2. Add § 165.T14–1096 to read as Albuquerque-Bernalillo County;
aggregate, or by the private sector of follows: Infrastructure and Interstate Transport
$100,000,000 (adjusted for inflation) or State Implementation Plan for the 2010
more in any one year. Though this rule § 165. T14–1096 Safety Zone; Navy Sulfur Dioxide National Ambient Air
will not result in such an expenditure, UNDET, Apra Outer Harbor, GU. Quality Standards
we do discuss the effects of this rule (a) Location. The following areas,
AGENCY: Environmental Protection
elsewhere in this preamble. within the Guam Captain of the Port
Agency (EPA).
(COTP) Zone (See 33 CFR 3.70–15),
F. Environment from the surface of the water to the ACTION: Final rule.
ocean floor, are safety zones:
We have analyzed this rule under SUMMARY: The Environmental Protection
(1) Seven-hundred-yard-radius-zone.
Department of Homeland Security Agency (EPA) is approving a State
All surface waters bounded by a circle
Management Directive 023–01 and Implementation Plan (SIP) submission
with a 700-yard radius centered at 13
Commandant Instruction M16475.lD, from the Governor of New Mexico for
degrees 27 minutes 42 seconds North
which guide the Coast Guard in the City of Albuquerque-Bernalillo
Latitude and 144 degrees 38 minutes 30
complying with the National County for the 2010 Sulfur Dioxide
seconds East Longitude, (NAD 1983).
Environmental Policy Act of 1969 (42 (SO2) National Ambient Air Quality
(2) Fourteen-hundred-yard-radius-
U.S.C. 4321–4370f), and have Standards (NAAQS). The submittal
zone. All underwater areas bounded by
determined that this action is one of a addresses how the existing SIP provides
a circle with a 1400 yard radius
category of actions that do not for implementation, maintenance, and
centered at 13 degrees 27 minutes 42
individually or cumulatively have a enforcement of the 2010 SO2 NAAQS
seconds North Latitude and 144 degrees
significant effect on the human (infrastructure SIP or i-SIP). This i-SIP
38 minutes 30 seconds East Longitude,
environment. This rule involves a safety ensures that the State’s SIP for
(NAD 1983).
zone lasting 6 hours that will prohibit Albuquerque-Bernalillo County is
(b) Effective period. This section is
entry within 700 yards on the surface adequate to meet the state’s
effective from 10 a.m. through 4 p.m. on
and 1400 underwater of vessels and responsibilities under the Federal Clean
February 19, 2016.
machinery being used by Navy Air Act (CAA or Act), including the four
(c) Regulations. The general
personnel. It is categorically excluded CAA requirements for interstate
regulations governing safety zones
from further review under paragraph transport of SO2 emissions.
contained in 33 CFR 165.23 apply. No
34(g) of Figure 2–1 of the Commandant vessels may enter or transit safety zone DATES: This final rule is effective on
Instruction. An environmental analysis (a)(1) and no persons in the water may March 18, 2016.
checklist supporting this determination enter or transit safety zone (a)(2) unless ADDRESSES: EPA has established a
and a Categorical Exclusion authorized by the COTP or a designated docket for this action under Docket ID
Determination are available in the representative thereof. No. EPA–R06–OAR–2015–0431. All
docket where indicated under (d) Enforcement. Any Coast Guard documents in the docket are listed on
ADDRESSES. We seek any comments or commissioned, warrant, or petty officer, the http://www.regulations.gov Web
information that may lead to the and any other COTP representative site. Although listed in the index, some
discovery of a significant environmental permitted by law, may enforce these information is not publicly available,
impact from this rule. temporary safety zones. e.g., Confidential Business Information
G. Protest Activities (e) Waiver. The COTP may waive any or other information whose disclosure is
of the requirements of this section for restricted by statute. Certain other
The Coast Guard respects the First any person, vessel, or class of vessel material, such as copyrighted material,
asabaliauskas on DSK5VPTVN1PROD with RULES
Amendment rights of protesters. upon finding that application of the is not placed on the Internet and will be
Protesters are asked to contact the safety zone is unnecessary or publicly available only in hard copy
person listed in the FOR FURTHER impractical for the purpose of maritime form. Publicly available docket
INFORMATION CONTACT section to security. materials are available either
coordinate protest activities so that your (f) Penalties. Vessels or persons electronically through http://
message can be received without violating this rule are subject to the www.regulations.gov or in hard copy at
jeopardizing the safety or security of penalties set forth in 33 U.S.C. 1232 and the EPA Region 6, 1445 Ross Avenue,
people, places or vessels. 50 U.S.C. 192. Suite 700, Dallas, Texas 75202–2733.
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![7978 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Applicable geographic
Name of SIP provision submittal/ EPA approval date Explanation
or nonattainment area effective date
* * * * * * *
Infrastructure and Interstate Transport for the Albuquerque-Bernalillo 6/11/2015 2/17/16 [Insert FR page
2010 SO2 NAAQS. County. number where docu-
ment begins].
[FR Doc. 2016–03117 Filed 2–16–16; 8:45 am] considered the official comment and the state, and then the state submits the
BILLING CODE 6560–50–P should include discussion of all points rulemaking to EPA for consideration for
you wish to make. The EPA will formal action (inclusion of the
generally not consider comments or rulemaking into the SIP). EPA must
ENVIRONMENTAL PROTECTION comment contents located outside of the provide public notice and seek
AGENCY primary submission (i.e. on the Web, additional public comment regarding
cloud, or other file sharing system). For the proposed Federal action on the
40 CFR Part 52 additional submission methods, the full state’s submission.
[EPA–R07–OAR–2016–0045; FRL–9942–37– EPA public comment policy, EPA received the request from the
Region 7] information about CBI or multimedia state to adopt revisions to the local air
submissions, and general guidance on agency rules into the SIP on December
Approval of Iowa’s Air Quality making effective comments, please visit 8, 2015. The revisions were adopted by
Implementation Plans; Polk County http://www2.epa.gov/dockets/ the local agency on October 6, 2015, and
Board of Health Rules and commenting-epa-dockets. became effective on October 12, 2015.
Regulations, Chapter V, Revisions EPA is approving the requested
FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Heather Hamilton, Environmental revisions to the Iowa SIP relating to the
Agency (EPA). Protection Agency, Air Planning and following:
ACTION: Direct final rule. Development Branch, 11201 Renner • Article I. In General, Section 5–1.
Boulevard, Lenexa, Kansas 66219 at Purpose and Ambient Air Quality
SUMMARY: The Environmental Protection (913) 551–7039, or by email at Standards;
Agency (EPA) is approving revisions to hamilton.heather@epa.gov. • Article I. In General, Section 5–2.
the State Implementation Plan (SIP) for Definitions;
the State of Iowa. The purpose of these SUPPLEMENTARY INFORMATION: • Article X. Permits, Division 1.
revisions is to update the Polk County Throughout this document ‘‘we,’’ ‘‘us,’’ Construction Permits, Section 5–33.
Board of Health Rules and Regulations, or ‘‘our’’ refer to EPA. This section Exemptions from Permit Requirements;
Chapter V, Air Pollution. The revisions provides additional information by • Article X. Permits, Division 2.
reflect updates to the Iowa statewide addressing the following: Operating Permits, Section 5–39.
rules previously approved by EPA and I. What is being addressed in this Exemptions from Permit Requirement.
will ensure consistency between the document? EPA’s action does not cover revisions to:
applicable local agency rules and II. Have the requirements for approval of a • Article VI. Emission of Air
Federally-approved rules. SIP revision been met?
III. What action is EPA taking?
Contaminants from Industrial Processes,
DATES: This direct final rule will be New Source Performance Standards,
effective April 18, 2016, without further Section 5–16(n),
I. What is being addressed in this
notice, unless EPA receives adverse
document? • Article VIII. National Emission
comment by March 18, 2016. If EPA Standards for Hazardous Air Pollutants
receives adverse comment, we will The State of Iowa has requested EPA for Source Categories, Section 5–16(p),
publish a timely withdrawal of the approval of revisions to the local and,
direct final rule in the Federal Register agency’s rules and regulations, Chapter • Article VIII. National Emission
informing the public that the rule will V, Air Pollution, as a revision to the SIP. Standards for Hazardous Air Pollutants
not take effect. In order for the local program’s Air for Source Categories, Section 5–20.
ADDRESSES: Submit your comments, Pollution rules to be incorporated into EPA is also approving the definition
identified by Docket ID No. EPA–R07– the Federally-enforceable SIP, on behalf of Maximum Achievable Control
OAR–2016–0045, to http:// of the local agency, the state must Technology that was inadvertently
www.regulations.gov. Follow the online submit the formally adopted regulations omitted from the January 12, 2015,
instructions for submitting comments. and control strategies, which are Federal Register notice that approved
Once submitted, comments cannot be consistent with the state and Federal the September 2013 revisions to the
edited or removed from Regulations.gov. requirements, to EPA for inclusion in Polk County Board of Health Rules and
EPA may publish any comment received the SIP. The regulation adoption process Regulations, Chapter V, Air Pollution.
asabaliauskas on DSK5VPTVN1PROD with RULES
to its public docket. Do not submit generally includes public notice, a 80 FR 1471.
electronically any information you public comment period and a public
consider to be Confidential Business hearing, and formal adoption of the rule II. Have the requirements for approval
Information (CBI) or other information by the state authorized rulemaking of a SIP revision been met?
whose disclosure is restricted by statute. body. In this case, that rulemaking body The state submission has met the
Multimedia submissions (audio, video, is the local agency. After the local public notice requirements for SIP
etc.) must be accompanied by a written agency formally adopts the rule, the submissions in accordance with 40 CFR
comment. The written comment is local agency submits the rulemaking to 51.102. The submission also satisfied
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Document Created: 2016-02-17 01:16:19
Document Modified: 2016-02-17 01:16:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on March 18, 2016. | |
| Contact | Tracie Donaldson, 214-665-6633, [email protected] | |
| FR Citation | 81 FR 7976 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide (so2 |
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