82_FR_14514 82 FR 14461 - Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Inspection and Maintenance Program Error Correction

82 FR 14461 - Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Inspection and Maintenance Program Error Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14461-14463
FR Document2017-05376

Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is taking direct final action to correct a previously approved diesel inspection and maintenance (I/M) program provision in Albuquerque/Bernalillo County's State Implementation Plan (SIP). This action is based on our determination that at the time EPA approved the diesel I/M Program the State did not have the legal authority to expand its program to require the testing of 1998 and newer diesel motor vehicles greater than 1,000 and less than 10,001 pounds.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14461-14463]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05376]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0695; FRL-9957-41-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Albuquerque/Bernalillo County; Inspection and Maintenance Program Error 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the 
Environmental Protection Agency (EPA) is taking direct final action to 
correct a previously approved diesel inspection and maintenance (I/M) 
program provision in Albuquerque/Bernalillo County's State 
Implementation Plan (SIP). This action is based on our determination 
that at the time EPA approved the diesel I/M Program the State did not 
have the legal authority to expand its program to require the testing 
of 1998 and newer diesel motor vehicles greater than 1,000 and less 
than 10,001 pounds.

DATES: This rule is effective on May 22, 2017 without further notice, 
unless the EPA receives relevant adverse comment by April 20, 2017. If 
the EPA receives such comment, the EPA will publish a timely withdrawal 
in the Federal Register informing the public that this rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0695, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. 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 submission methods, please contact Mr. John Walser, 214-665-
7128, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective 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: Mr. John Walser, 214-665-7128, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. John Walser or Mr. Bill Deese at 214-
665-7253.

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

I. Background

A. Requirements for SIP Submittals and EPA Action on SIP Submittals

    Congress enacted the National Ambient Air Quality Standards (NAAQS) 
and SIP requirements in the 1970 CAA Amendments. CAA section 110(a)(1) 
requires that states adopt and submit to EPA for approval SIPs that 
implement the NAAQS. CAA section 110(a)(2) contains a detailed list of 
requirements that all SIPs must include to be approvable by EPA. Of 
particular relevance to this action is subparagraph (E)(i) of CAA 
section 110(a)(2) which provides that SIPs must provide ``necessary 
assurances that the state . . . will have adequate . . . authority 
under State (and as appropriate, local) law to carry out such [an] 
implementation plan.'' As applicable to inspection and maintenance 
programs, this provision means that EPA may approve the submitted I/M 
provisions as part of the SIP only if EPA is satisfied that the state 
will have adequate legal authority under state law to implement the 
program.

B. Authority for EPA To Revise Previous Action on SIPs

    EPA has authority to revise its previous actions taken on SIP 
submittals. Two mechanisms are available to EPA: The error correction 
mechanism provided under CAA section 110(k)(6), and EPA's general 
administrative authority to reconsider its own actions under CAA 
sections 110 and 301(a), in light of case law. CAA section 110(k)(6) 
provides as follows:

    Whenever the Administrator determines that the Administrator's 
action approving, disapproving, or promulgating any plan or plan 
revision (or part thereof), area designation, redesignation, 
classification, or reclassification was in error, the Administrator 
may in the same manner as the approval, disapproval, or promulgation 
revise such action as appropriate without requiring any further 
submission from the State. Such determination and the basis thereof 
shall be provided to the State and public.

    Therefore, the Administrator has the authority to ``determine[ ]'' 
when a SIP approval was ``in error,'' and may then revise the SIP 
approval ``as appropriate,'' in the same manner as the approval, and 
without requiring any further submission from the state.\1\
---------------------------------------------------------------------------

    \1\ Please see the ``Legal Support'' document in the docket for 
a more in depth explanations of the EPA's authority to revise 
previous SIP actions.
---------------------------------------------------------------------------

C. Albuquerque/Bernalillo County Submission

    On August 1, 2012, EPA proposed to approve revisions to the SIP for 
Air Quality submitted by the City of Albuquerque/Bernalillo County (the 
County) area on July 28, 2011 pursuant to the Clean Air Act. (77 FR 
45530). These revisions included provisions that expanded the County's 
I/M program to include 1998 and newer diesel motor vehicles greater 
than 1,000 and less than 10,001 pounds. The County submitted a SIP 
Completeness Checklist pursuant to 40 CFR 51, Appendix V in which it 
certified that it had the necessary legal authority to include 
compression ignition powered (diesel) engine testing in its I/M 
program. We received no comments on this proposal and finalized our 
approval on October 31, 2012. (77 FR 65821).

[[Page 14462]]

II. EPA's Analysis

    Federal law does not require, nor did it require at the time the 
SIP revision was submitted, a diesel I/M program. However, under the 
CAA an agency is free to submit for approval as part of the SIP 
regulations that are more stringent than federal requirements should it 
choose to. On August 19, 2016, we received a letter from the 
Albuquerque Bernalillo County Air Quality Control Board indicating that 
the County did not have the necessary legal authority to require 
testing of diesel engines at the time the SIP was submitted to EPA. The 
County requested that EPA perform an error correction under CAA section 
110(k)(6).\2\ New Mexico statute states that the County may only 
require testing for vehicles powered by spark ignited combustion 
engines.\3\ Diesel engines are not spark ignited but instead rely on 
compression ignition. Further, the State's law provides that the County 
cannot enact any rule that is more stringent than what is federally 
required; every rule enacted by the County must be at least as 
stringent, but no more stringent than what is federally required.\4\
---------------------------------------------------------------------------

    \2\ See, ``Request for administrative error correction under 40 
U.S.C. 7601(k)(6) to provisions of the New Mexico State 
Implementation Plan regarding emissions testing of certain diesel 
fuel motor vehicles'' dated August 19, 2016.
    \3\ ``Any local authority that is located within a 
transportation-related pollutant nonattainment area or maintenance 
area may provide for a vehicle emission inspection and maintenance 
program for vehicles under twenty-six thousand pounds gross vehicle 
weight powered by a spark-ignited internal combustion engine, which 
program shall be no more stringent than that required under the 
federal act or under federal air quality standards.'' NMSA 74-2-4(E)
    \4\ NMSA 74-2-5(C).
---------------------------------------------------------------------------

    As explained above, EPA has the authority to correct approvals of 
SIPs should we find that the approval was made in error. Since the 
County did not have the necessary authority to require testing of 
diesel engines at the time the SIP revision was submitted, our approval 
of this diesel I/M provision was made in error. As such, we are taking 
final action to remove this provision from the County's SIP.

III. What action is EPA taking?

    EPA is removing the following provisions related to testing diesel 
vehicles from the County's SIP: NMAC 20.11.100.5(B), 
20.11.100.17(E)(2), and the reference to compression ignition engines 
in 20.11.100.7(LL)(1), as adopted by the Air Board on May 11, 2011.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the New Mexico regulations as described in the Final 
Action section above. We have made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This final action is not a ``significant regulatory action'' and 
was therefore not submitted to the Office of Management and Budget for 
review.

B. Paperwork Reduction Act (PRA)

    This final action does not impose an information collection burden 
under the PRA because it does not contain any information collection 
activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action merely approves or disapproves a SIP submission as not meeting 
the CAA.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not apply on any Indian 
reservation land, any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, or non-reservation areas of 
Indian country. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. This action is not subject to Executive Order 
13045 because it merely approves or disapproves a SIP submission as not 
meeting the CAA.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by 
this action will not have potential disproportionately high and adverse 
human health or environmental effects on minority, low-income or 
indigenous populations. This action merely approves or disapproves a 
SIP submission as not meeting the CAA requirements.
    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 May 22, 2017. Filing a

[[Page 14463]]

petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Samuel Coleman was designated the Acting Regional Administrator on 
March 13, 2017, through the order of succession outlined in Regional 
Order R6-1110.1, a copy of which is included in the docket for this 
action.

    Dated: March 13, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. In Sec.  52.1620(c), the second table titled ``EPA Approved 
Albuquerque/Bernalillo County, NM regulations'' is amended by revising 
the entry for ``Part 100 (20.11.100 NMAC)'' to read as follows:


Sec.  52.1620   Identification of plan.

* * * * *
    (c) * * *

                           EPA-Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          approval/
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Part 100 (20.11.100 NMAC)........  Motor Vehicle          08/16/2016  03/21/2017 [Insert    20.11.100.5(B),
                                    Inspection--Decentr                Federal Register      20.11.100.7(LL)(I)
                                    alized.                            Citation].            and
                                                                                             20.11.100.17(E)(2)
                                                                                             are NOT part of the
                                                                                             SIP.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-05376 Filed 3-20-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations                                                    14461

                                               Name of non-regu-              Applicable geographic or           State submittal       EPA approval date                  Additional explanation
                                               latory SIP revision              nonattainment area                    date

                                                       *                       *                       *                      *                       *                      *                      *



                                             [FR Doc. 2017–05201 Filed 3–20–17; 8:45 am]             official comment and should include                   will have adequate legal authority under
                                             BILLING CODE 6560–50–P                                  discussion of all points you wish to                  state law to implement the program.
                                                                                                     make. The EPA will generally not
                                                                                                                                                           B. Authority for EPA To Revise Previous
                                                                                                     consider comments or comment
                                             ENVIRONMENTAL PROTECTION                                contents located outside of the primary               Action on SIPs
                                             AGENCY                                                  submission (i.e. on the web, cloud, or                   EPA has authority to revise its
                                                                                                     other file sharing system). For                       previous actions taken on SIP
                                             40 CFR Part 52                                          additional submission methods, please                 submittals. Two mechanisms are
                                             [EPA–R06–OAR–2011–0695; FRL–9957–41–                    contact Mr. John Walser, 214–665–7128,                available to EPA: The error correction
                                             Region 6]                                               walser.john@epa.gov. For the full EPA                 mechanism provided under CAA
                                                                                                     public comment policy, information                    section 110(k)(6), and EPA’s general
                                             Approval and Promulgation of                            about CBI or multimedia submissions,                  administrative authority to reconsider
                                             Implementation Plans; New Mexico;                       and general guidance on making                        its own actions under CAA sections 110
                                             Albuquerque/Bernalillo County;                          effective comments, please visit http://              and 301(a), in light of case law. CAA
                                             Inspection and Maintenance Program                      www2.epa.gov/dockets/commenting-                      section 110(k)(6) provides as follows:
                                             Error Correction                                        epa-dockets.
                                                                                                        Docket: The index to the docket for                  Whenever the Administrator determines
                                             AGENCY: Environmental Protection                                                                              that the Administrator’s action approving,
                                                                                                     this action is available electronically at
                                             Agency (EPA).                                                                                                 disapproving, or promulgating any plan or
                                                                                                     www.regulations.gov and in hard copy
                                             ACTION: Direct final rule.                                                                                    plan revision (or part thereof), area
                                                                                                     at EPA Region 6, 1445 Ross Avenue,
                                                                                                                                                           designation, redesignation, classification, or
                                             SUMMARY:   Pursuant to the Federal Clean                Suite 700, Dallas, Texas. While all                   reclassification was in error, the
                                             Air Act (CAA or Act), the                               documents in the docket are listed in                 Administrator may in the same manner as the
                                             Environmental Protection Agency (EPA)                   the index, some information may be                    approval, disapproval, or promulgation
                                             is taking direct final action to correct a              publicly available only at the hard copy              revise such action as appropriate without
                                             previously approved diesel inspection                   location (e.g., copyrighted material), and            requiring any further submission from the
                                             and maintenance (I/M) program                           some may not be publicly available at                 State. Such determination and the basis
                                             provision in Albuquerque/Bernalillo                     either location (e.g., CBI).                          thereof shall be provided to the State and
                                                                                                     FOR FURTHER INFORMATION CONTACT: Mr.                  public.
                                             County’s State Implementation Plan
                                             (SIP). This action is based on our                      John Walser, 214–665–7128,
                                                                                                                                                             Therefore, the Administrator has the
                                             determination that at the time EPA                      walser.john@epa.gov. To inspect the
                                                                                                                                                           authority to ‘‘determine[ ]’’ when a SIP
                                             approved the diesel I/M Program the                     hard copy materials, please schedule an
                                                                                                                                                           approval was ‘‘in error,’’ and may then
                                             State did not have the legal authority to               appointment with Mr. John Walser or
                                                                                                                                                           revise the SIP approval ‘‘as
                                             expand its program to require the testing               Mr. Bill Deese at 214–665–7253.
                                                                                                                                                           appropriate,’’ in the same manner as the
                                             of 1998 and newer diesel motor vehicles                 SUPPLEMENTARY INFORMATION:                            approval, and without requiring any
                                             greater than 1,000 and less than 10,001                 Throughout this document ‘‘we,’’ ‘‘us,’’              further submission from the state.1
                                             pounds.                                                 and ‘‘our’’ means the EPA.
                                             DATES: This rule is effective on May 22,                                                                      C. Albuquerque/Bernalillo County
                                                                                                     I. Background                                         Submission
                                             2017 without further notice, unless the
                                             EPA receives relevant adverse comment                   A. Requirements for SIP Submittals and
                                                                                                     EPA Action on SIP Submittals                             On August 1, 2012, EPA proposed to
                                             by April 20, 2017. If the EPA receives                                                                        approve revisions to the SIP for Air
                                             such comment, the EPA will publish a                       Congress enacted the National                      Quality submitted by the City of
                                             timely withdrawal in the Federal                        Ambient Air Quality Standards                         Albuquerque/Bernalillo County (the
                                             Register informing the public that this                 (NAAQS) and SIP requirements in the                   County) area on July 28, 2011 pursuant
                                             rule will not take effect.                              1970 CAA Amendments. CAA section                      to the Clean Air Act. (77 FR 45530).
                                             ADDRESSES: Submit your comments,                        110(a)(1) requires that states adopt and              These revisions included provisions
                                             identified by Docket No. EPA–R06–                       submit to EPA for approval SIPs that                  that expanded the County’s I/M program
                                             OAR–2011–0695, at http://                               implement the NAAQS. CAA section                      to include 1998 and newer diesel motor
                                             www.regulations.gov or via email to                     110(a)(2) contains a detailed list of                 vehicles greater than 1,000 and less than
                                             walser.john@epa.gov. Follow the online                  requirements that all SIPs must include               10,001 pounds. The County submitted a
                                             instructions for submitting comments.                   to be approvable by EPA. Of particular                SIP Completeness Checklist pursuant to
                                             Once submitted, comments cannot be                      relevance to this action is subparagraph              40 CFR 51, Appendix V in which it
                                             edited or removed from Regulations.gov.                 (E)(i) of CAA section 110(a)(2) which                 certified that it had the necessary legal
                                             The EPA may publish any comment                         provides that SIPs must provide                       authority to include compression
                                             received to its public docket. Do not                   ‘‘necessary assurances that the state . . .           ignition powered (diesel) engine testing
                                             submit electronically any information                   will have adequate . . . authority under              in its I/M program. We received no
pmangrum on DSK4SPTVN1PROD with RULES




                                             you consider to be Confidential                         State (and as appropriate, local) law to              comments on this proposal and
                                             Business Information (CBI) or other                     carry out such [an] implementation                    finalized our approval on October 31,
                                             information whose disclosure is                         plan.’’ As applicable to inspection and               2012. (77 FR 65821).
                                             restricted by statute. Multimedia                       maintenance programs, this provision
                                             submissions (audio, video, etc.) must be                means that EPA may approve the                          1 Please see the ‘‘Legal Support’’ document in the
                                             accompanied by a written comment.                       submitted I/M provisions as part of the               docket for a more in depth explanations of the
                                             The written comment is considered the                   SIP only if EPA is satisfied that the state           EPA’s authority to revise previous SIP actions.



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                                             14462               Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations

                                             II. EPA’s Analysis                                        incorporation by reference. In                       G. Executive Order 13045: Protection of
                                                Federal law does not require, nor did                  accordance with the requirements of 1                Children From Environmental Health
                                             it require at the time the SIP revision                   CFR 51.5, we are finalizing the                      Risks and Safety Risks
                                             was submitted, a diesel I/M program.                      incorporation by reference of the                      EPA interprets Executive Order 13045
                                             However, under the CAA an agency is                       revisions to the New Mexico regulations              as applying only to those regulatory
                                             free to submit for approval as part of the                as described in the Final Action section             actions that concern environmental
                                             SIP regulations that are more stringent                   above. We have made, and will continue               health or safety risks that EPA has
                                             than federal requirements should it                       to make, these documents generally                   reason to believe may
                                             choose to. On August 19, 2016, we                         available electronically through                     disproportionately affect children, per
                                             received a letter from the Albuquerque                    www.regulations.gov and/or in hard                   the definition of ‘‘covered regulatory
                                             Bernalillo County Air Quality Control                     copy at the EPA Region 6 office.                     action’’ in section 2–202 of the
                                             Board indicating that the County did not                  V. Statutory and Executive Order                     Executive Order. This action is not
                                             have the necessary legal authority to                     Reviews                                              subject to Executive Order 13045
                                             require testing of diesel engines at the                                                                       because it merely approves or
                                             time the SIP was submitted to EPA. The                    A. Executive Order 12866: Regulatory                 disapproves a SIP submission as not
                                             County requested that EPA perform an                      Planning and Review and Executive                    meeting the CAA.
                                             error correction under CAA section                        Order 13563: Improving Regulation and
                                                                                                       Regulatory Review                                    H. Executive Order 13211: Actions That
                                             110(k)(6).2 New Mexico statute states
                                                                                                                                                            Significantly Affect Energy Supply,
                                             that the County may only require testing                    This final action is not a ‘‘significant           Distribution or Use
                                             for vehicles powered by spark ignited                     regulatory action’’ and was therefore not
                                             combustion engines.3 Diesel engines are                   submitted to the Office of Management                  This action is not subject to Executive
                                             not spark ignited but instead rely on                     and Budget for review.                               Order 13211, because it is not a
                                             compression ignition. Further, the                                                                             significant regulatory action under
                                             State’s law provides that the County                      B. Paperwork Reduction Act (PRA)                     Executive Order 12866.
                                             cannot enact any rule that is more                          This final action does not impose an               I. National Technology Transfer and
                                             stringent than what is federally                          information collection burden under the              Advancement Act
                                             required; every rule enacted by the                       PRA because it does not contain any
                                             County must be at least as stringent, but                 information collection activities.                      This rulemaking does not involve
                                             no more stringent than what is federally                                                                       technical standards.
                                                                                                       C. Regulatory Flexibility Act (RFA)
                                             required.4                                                                                                     J. Executive Order 12898: Federal
                                                As explained above, EPA has the                           I certify that this action will not have          Actions To Address Environmental
                                             authority to correct approvals of SIPs                    a significant economic impact on a                   Justice in Minority Populations and
                                             should we find that the approval was                      substantial number of small entities                 Low-Income Populations
                                             made in error. Since the County did not                   under the RFA. This action merely
                                             have the necessary authority to require                   approves or disapproves a SIP                           EPA believes the human health or
                                             testing of diesel engines at the time the                 submission as not meeting the CAA.                   environmental risk addressed by this
                                             SIP revision was submitted, our                                                                                action will not have potential
                                                                                                       D. Unfunded Mandates Reform Act                      disproportionately high and adverse
                                             approval of this diesel I/M provision                     (UMRA)
                                             was made in error. As such, we are                                                                             human health or environmental effects
                                             taking final action to remove this                           This action does not contain any                  on minority, low-income or indigenous
                                             provision from the County’s SIP.                          unfunded mandate as described in                     populations. This action merely
                                                                                                       UMRA, 2 U.S.C. 1531–1538, and does                   approves or disapproves a SIP
                                             III. What action is EPA taking?                           not significantly or uniquely affect small           submission as not meeting the CAA
                                                EPA is removing the following                          governments. The action imposes no                   requirements.
                                             provisions related to testing diesel                      enforceable duty on any state, local or                 The Congressional Review Act, 5
                                             vehicles from the County’s SIP: NMAC                      tribal governments or the private sector.            U.S.C. 801 et seq., as added by the Small
                                             20.11.100.5(B), 20.11.100.17(E)(2), and                                                                        Business Regulatory Enforcement
                                                                                                       E. Executive Order 13132: Federalism                 Fairness Act of 1996, generally provides
                                             the reference to compression ignition
                                             engines in 20.11.100.7(LL)(1), as                           This action does not have federalism               that before a rule may take effect, the
                                             adopted by the Air Board on May 11,                       implications. It will not have substantial           agency promulgating the rule must
                                             2011.                                                     direct effects on the states, on the                 submit a rule report, which includes a
                                                                                                       relationship between the national                    copy of the rule, to each House of the
                                             IV. Incorporation by Reference                            government and the states, or on the                 Congress and to the Comptroller General
                                               In this rule, we are finalizing                         distribution of power and                            of the United States. EPA will submit a
                                             regulatory text that includes                             responsibilities among the various                   report containing this action and other
                                                                                                       levels of government.                                required information to the U.S. Senate,
                                                2 See, ‘‘Request for administrative error correction                                                        the U.S. House of Representatives, and
                                             under 40 U.S.C. 7601(k)(6) to provisions of the New       F. Executive Order 13175: Consultation               the Comptroller General of the United
                                             Mexico State Implementation Plan regarding                and Coordination With Indian Tribal                  States prior to publication of the rule in
                                             emissions testing of certain diesel fuel motor            Governments
                                             vehicles’’ dated August 19, 2016.                                                                              the Federal Register. A major rule
                                                3 ‘‘Any local authority that is located within a         This action does not have tribal                   cannot take effect until 60 days after it
                                             transportation-related pollutant nonattainment area       implications as specified in Executive               is published in the Federal Register.
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                                             or maintenance area may provide for a vehicle             Order 13175. This action does not apply
                                             emission inspection and maintenance program for
                                                                                                                                                            This action is not a ‘‘major rule’’ as
                                             vehicles under twenty-six thousand pounds gross           on any Indian reservation land, any                  defined by 5 U.S.C. 804(2).
                                             vehicle weight powered by a spark-ignited internal        other area where EPA or an Indian tribe                 Under section 307(b)(1) of the CAA,
                                             combustion engine, which program shall be no              has demonstrated that a tribe has                    petitions for judicial review of this
                                             more stringent than that required under the federal
                                             act or under federal air quality standards.’’ NMSA        jurisdiction, or non-reservation areas of            action must be filed in the United States
                                             74–2–4(E)                                                 Indian country. Thus, Executive Order                Court of Appeals for the appropriate
                                                4 NMSA 74–2–5(C).                                      13175 does not apply to this action.                 circuit by May 22, 2017. Filing a


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                                                                  Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations                                                         14463

                                             petition for reconsideration by the                         requirements, Sulfur oxides, Volatile                         Authority: 42 U.S.C. 7401 et seq.
                                             Administrator of this final rule does not                   organic compounds.
                                             affect the finality of this action for the                    Samuel Coleman was designated the                       Subpart GG—New Mexico
                                             purposes of judicial review nor does it                     Acting Regional Administrator on
                                             extend the time within which a petition                     March 13, 2017, through the order of                      ■  2. In § 52.1620(c), the second table
                                             for judicial review may be filed, and                       succession outlined in Regional Order                     titled ‘‘EPA Approved Albuquerque/
                                             shall not postpone the effectiveness of                     R6–1110.1, a copy of which is included                    Bernalillo County, NM regulations’’ is
                                             such rule or action. This action may not                    in the docket for this action.                            amended by revising the entry for ‘‘Part
                                             be challenged later in proceedings to                         Dated: March 13, 2017.                                  100 (20.11.100 NMAC)’’ to read as
                                             enforce its requirements. (See section                      Samuel Coleman,                                           follows:
                                             307(b)(2).)                                                 Acting Regional Administrator, Region 6.                  § 52.1620       Identification of plan.
                                             List of Subjects in 40 CFR Part 52                              40 CFR part 52 is amended as follows:                 *       *    *         *     *
                                               Environmental protection, Air                             PART 52—APPROVAL AND                                          (c) * * *
                                             pollution control, Carbon monoxide,                         PROMULGATION OF
                                             Incorporation by reference, Nitrogen                        IMPLEMENTATION PLANS
                                             dioxide, Ozone, Particulate matter,
                                                                                                         ■ 1. The authority citation for part 52
                                             Reporting and recordkeeping
                                                                                                         continues to read as follows:
                                                                                EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
                                                                                                                                State
                                                                                                                              approval/
                                                         State citation                            Title/subject                                        EPA approval date                        Explanation
                                                                                                                              effective
                                                                                                                                date


                                                                *                      *                  *                       *                        *               *                          *
                                             Part 100 (20.11.100 NMAC) ............   Motor Vehicle Inspection—Decen-         08/16/2016       03/21/2017 [Insert Federal Reg-        20.11.100.5(B), 20.11.100.7(LL)(I)
                                                                                       tralized.                                                 ister Citation].                       and 20.11.100.17(E)(2) are NOT
                                                                                                                                                                                        part of the SIP.

                                                                  *                     *                      *                     *                    *                    *                    *



                                             *      *       *         *    *                             the Logan, Utah/Idaho PM2.5                               Monday through Friday, 8:30 to 4:30,
                                             [FR Doc. 2017–05376 Filed 3–20–17; 8:45 am]                 Nonattainment Area until April 20,                        excluding Federal holidays.
                                             BILLING CODE 6560–50–P                                      2017.                                                     FOR FURTHER INFORMATION CONTACT:    Jeff
                                                                                                         DATES:  As of March 21, 2017, the                         Hunt, Air Planning Unit, Office of Air
                                             ENVIRONMENTAL PROTECTION                                    effective date of the rule amending 40                    and Waste (OAW–150), Environmental
                                             AGENCY                                                      CFR part 52 published in the Federal                      Protection Agency, Region 10, 1200
                                                                                                         Register at 82 FR 729 on January 4,                       Sixth Ave, Suite 900, Seattle, WA
                                             40 CFR Part 52                                                                                                        98101; telephone number: (206) 553–
                                                                                                         2017, delayed at 82 FR 8499 on January
                                                                                                                                                                   0256; email address: hunt.jeff@epa.gov.
                                             [EPA–R10–OAR–2015–0067; FRL–9960–35–                        26, 2017, is further delayed to a new
                                             Region 10]                                                  effective date of April 20, 2017.                         SUPPLEMENTARY INFORMATION:

                                             Partial Approval and Partial                                ADDRESSES:    The EPA has established a                   I. Background Information
                                             Disapproval of Attainment Plan for the                      docket for this action under Docket ID                       On January 26, 2017, the EPA
                                             Idaho Portion of the Logan, Utah/Idaho                      No. EPA–R10–OAR–2015–0067. All                            published a document in the Federal
                                             PM2.5 Nonattainment Area; Further                           documents in the docket are listed on                     Register entitled ‘‘Delay of Effective
                                             Delay of Effective Date                                     the http://www.regulations.gov Web                        Date for 30 Final Regulations Published
                                                                                                         site. Although listed in the index, some                  by the Environmental Protection Agency
                                             AGENCY:   Environmental Protection                          information may not be publicly
                                             Agency (EPA).                                                                                                         Between October 28, 2016 and January
                                                                                                         available, i.e., Confidential Business                    17, 2017’’ (82 FR 8499). In that
                                             ACTION: Final rule; further delay of                        Information or other information the
                                             effective date.                                                                                                       document, the EPA delayed the effective
                                                                                                         disclosure of which is restricted by                      date of Partial Approval and Partial
                                             SUMMARY:   In accordance with the                           statute. Certain other material, such as                  Disapproval of Attainment Plan for the
                                             Presidential directive as expressed in                      copyrighted material, is not placed on                    Idaho Portion of the Logan, Utah/Idaho
                                             the memorandum of January 20, 2017,                         the Internet and is publicly available                    PM2.5 Nonattainment Area to March 21,
                                             from the Assistant to the President and                     only in hard copy form. Publicly                          2017, as requested in the memorandum
                                             Chief of Staff, entitled ‘‘Regulatory                       available docket materials are available                  of January 20, 2017, from the Assistant
                                             Freeze Pending Review,’’ and the                            at http://www.regulations.gov or at EPA                   to the President and Chief of Staff,
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                                             Federal Register document published                         Region 10, Office of Air and Waste, 1200                  entitled ‘‘Regulatory Freeze Pending
                                             by the Environmental Protection Agency                      Sixth Avenue, Seattle, Washington                         Review’’ (January 20 Memo). That
                                             (EPA or Agency) on January 26, 2017,                        98101. The EPA requests that you                          memo directed the heads of Executive
                                             the EPA is taking final action further                      contact the person listed in the FOR                      Departments and Agencies to
                                             delaying the effective date for Partial                     FURTHER INFORMATION CONTACT section to                    temporarily postpone for 60 days from
                                             Approval and Partial Disapproval of                         schedule your inspection. The Regional                    the date of the January 20 Memo the
                                             Attainment Plan for the Idaho Portion of                    Office’s official hours of business are                   effective dates of all regulations that had


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Document Created: 2017-03-21 01:09:37
Document Modified: 2017-03-21 01:09:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on May 22, 2017 without further notice, unless the EPA receives relevant adverse comment by April 20, 2017. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactMr. John Walser, 214-665-7128, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. John Walser or Mr. Bill Deese at 214- 665-7253.
FR Citation82 FR 14461 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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