82 FR 29421 - Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction Permitting Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 124 (June 29, 2017)
Federal Register Volume 82, Issue 124 (June 29, 2017)
| Page Range | 29421-29424 | |
| FR Document | 2017-13449 |
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)] [Rules and Regulations] [Pages 29421-29424] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13449] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2013-0615; FRL-9963-41-Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; New Source Review (NSR) Preconstruction Permitting Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving portions of revisions to the applicable New Source Review (NSR) State Implementation Plan (SIP) for the City of Albuquerque-Bernalillo County. The EPA is approving the following: The establishment of a new Minor NSR general construction permitting program; changes to the Minor NSR Public Participation requirements; and the addition of exemptions from Minor NSR permitting for inconsequential emission sources and activities. Additionally, the EPA is conditionally approving the provisions establishing accelerated review and technical permit revisions. DATES: This rule is effective on July 31, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2013-0615. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Aimee Wilson, 214-665-7596, [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 March 10, 2017 proposal (82 FR 13270). In that document, we proposed to approve the revisions to the City of Albuquerque-Bernalillo County Minor NSR permitting program submitted on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016, that update the regulations to be consistent with federal requirements for Minor NSR permitting, remove a provision that refers to obsolete ambient air standards that are unique to the Albuquerque/Bernalillo County Air Quality Control Board, and remove the reference to the State of New Mexico non-methane hydrocarbon standard in 20.11.44 NMAC. We also proposed to conditionally approve severable provisions submitted on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016, which establish, and pertain to, the accelerated permitting procedures, conflict of interest, and technical permit revisions. II. Final Action We are approving revisions to the City of Albuquerque-Bernalillo County Minor NSR permitting program submitted on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016. The revisions were adopted and submitted in accordance with the requirements of the CAA and the EPA's regulations regarding SIP development at 40 CFR part 51. Additionally, we have determined that the submitted revisions to the City of Albuquerque- Bernalillo County Minor [[Page 29422]] NSR program are consistent with the EPA's regulations at 40 CFR 51.160- 51.164 and the associated policy and guidance. Therefore, under section 110 of the Act, the EPA approves into the New Mexico SIP for the City of Albuquerque-Bernalillo County the following revisions adopted on July 10, 2013, and submitted to the EPA on July 26, 2013:Revisions to 20.11.41.1 NMAC, Issuing Agency; Revisions to 20.11.41.2 NMAC, Scope; Revisions to 20.11.41.3 NMAC, Statutory Authority; Revisions to 20.11.41.4 NMAC, Duration; Revisions to 20.11.41.5 NMAC, Effective Date; Revisions to 20.11.41.6 NMAC, Objective; Revisions to 20.11.41.7 NMAC, Definitions, with the exception of 20.11.41.7.J NMAC, 20.11.41.7.RR NMAC, and the reference to technical permit revisions in 20.11.41.7EE NMAC, as discussed below; Revisions to 20.11.41.8 NMAC, Variances; Revisions to 20.11.41.9 NMAC, Savings Clause; Revisions to 20.11.41.10 NMAC, Severability; Revisions to 20.11.41.11 NMAC, Documents; Revisions to 20.11.41.12 NMAC, Fees for Permit Application; Revisions to 20.11.41.13 NMAC, Application for Permit; Revisions to 20.11.41.14 NMAC, Public Participation; Revisions to 20.11.41.15 NMAC, Public Information Hearing; Revisions to 20.11.41.16 NMAC, Permit Decision and Air Board Hearing on the Merits; Revisions to 20.11.41.17 NMAC, Basis for Permit Denial, with the exception of 20.11.41.17.F NMAC, as discussed below; Revisions to 20.11.41.18 NMAC, Applicants' Additional Legal Responsibilities; Revisions to 20.11.41.19 NMAC, Permit Conditions; Revisions to 20.11.41.20 NMAC, Permit Cancellations, Suspension, or Revocation; Revisions to 20.11.41.21 NMAC, Permittee's Obligations to Inform the Department and Deliver an Annual Emissions Inventory; Revisions to 20.11.41.22 NMAC, Performance Testing; Revisions to 20.11.41.23 NMAC, Temporary Relocation of Portable Stationary Sources; Revisions to remove 20.11.41.24 NMAC, Emergency Permits; Revisions to 20.11.41.25 NMAC, Nonattainment Area Requirements; Revisions to 20.11.41.26 NMAC, Compliance Certification; Revisions to 20.11.41.27 NMAC, Enforcement; Revisions to 20.11.41.28 NMAC, Administrative and Technical Permit Revisions, with the exception of provisions pertaining to Technical Permit Revisions, as discussed below; Revisions to 20.11.41.29 NMAC, Permit Modification; Revisions to 20.11.41.30 NMAC, Permit Reopening, Revision and Reissuance; and Revisions to 20.11.41.31 NMAC, General Construction Permits. Additionally, the EPA is finalizing the conditional approval of the severable provisions submitted on July 26, 2013, as supplemented on April 21, 2016; July 5, 2016; September 19, 2016; and December 20, 2016, pertaining to the accelerated permitting procedures, technical permit revisions, and the definition of conflict of interest. In a letter dated December 22, 2016, the City of Albuquerque has committed to addressing the concerns identified in our proposed conditional approval within one year from the date of the EPA's final conditional approval. Based on this commitment and the authority provided under section 110(k)(4) of the Act, we have determined it is appropriate to conditionally approve into the New Mexico SIP for the City of Albuquerque-Bernalillo County the following revisions adopted on July 10, 2013, and submitted to the EPA on July 26, 2013: The definition of ``Conflict of Interest'' at 20.11.41.7.J NMAC; The references to ``technical permit revisions'' in the definition for ``Permit'' at 20.11.41.7.EE NMAC; The definition of ``Technical permit revision or technical revision'' at 20.11.41.7.RR NMAC; Revisions to 20.11.41.17.F NMAC for conflict of interest; Revisions to 20.11.41.28 NMAC, pertaining to Technical Permit Revisions; and Revisions to 20.11.41.32 NMAC, Accelerated Review of Application. The City of Albuquerque committed in a letter dated December 22, 2016, to adopt specific enforceable measures and to submit these provisions to the EPA for consideration as a SIP revision within one year from the date of the EPA's final conditional approval. If the EPA determines that the submitted revised enforceable measures are complete and approvable, the EPA will take a separate action to propose approval of the revisions. If the State does not meet its commitment within the specified time period by (1) not adopting and submitting measures by the date it committed to, (2) not submitting anything, or (3) EPA finds the submittal incomplete, the approval will be converted to a disapproval. The Regional Administrator would send a letter to the State finding that it did not meet its commitment or that the submittal is incomplete and that the SIP submittal was therefore disapproved. The 18-month clock for sanctions and the two-year clock for a Federal Implementation Plan (FIP) would start as of the date of the letter. Subsequently, a notice to that effect would be published in the Federal Register, and appropriate language inserted in the Code of Federal Regulations (CFR). III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the New Mexico, Albuquerque/Bernalillo County regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities [[Page 29423]] under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 28, 2017. Filing a 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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 15, 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. Amend Sec. 52.1620 by: 0 A. In paragraph (c), the second table ``EPA Approved Albuquerque/ Bernalillo County, NM Regulations'' is amended by revising the entry for ``Part 41 (20.11.41 NMAC) Authority to Construct''. 0 B. In paragraph (e), the second table titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is amended by adding four entries at the end of the table. The revision and additions 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 Explanation date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Part 41 (20.11.41 NMAC)...... Authority to 7/10/2013 6/29/2017, The following are Construct. [Insert conditionally approved Federal 20.11.41.7.J NMAC, references Register to ``technical permit citation]. revisions'' in 20.11.41.EE NMAC, 20.11.41.RR NMAC, 20.11.41.17.F NMAC, 20.11.41.28 NMAC, and 20.11.41.32 NMAC. * * * * * * * ---------------------------------------------------------------------------------------------------------------- (e) * * * [[Page 29424]] EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP ---------------------------------------------------------------------------------------------------------------- State Applicable submittal/ Name of SIP Provisions geographic or effective EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * City of Albuquerque City of 4/21/2016 6/29/2017, [Insert ....................... Clarification Letter on Minor Albuquerque--Berna Federal Register NSR SIP. lillo County. citation]. City of Albuquerque City of Albuquerque- 6/5/2016 6/29/2017, [Insert ....................... Clarification Letter Providing Bernalillo County. Federal Register Public Notices of Minor NSR to citation]. EPA. City of Albuquerque Letter City of Albuquerque- 9/19/2016 6/29/2017, [Insert ....................... regarding Public Notice for Bernalillo County. Federal Register Minor NSR. citation]. City of Albuquerque Minor NSR City of Albuquerque- 12/20/2016 6/29/2017, [Insert ....................... Commitment Letter. Bernalillo County. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-13449 Filed 6-28-17; 8:45 am] BILLING CODE 6560-50-P
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review of this direct final rule, so that Particulate matter, Sulfur oxides, Authority: 42 U.S.C. 7401 et seq.
EPA can withdraw this direct final rule Volatile organic compounds.
and address the comment in the Subpart L—Georgia
Dated: June 14, 2017.
proposed rulemaking. This action may V. Anne Heard,
not be challenged later in proceedings to ■ 2. Amend § 52.570(c) by revising the
Acting Regional Administrator, Region 4.
enforce its requirements. See section entries for ‘‘391–3–1–.01’’ and ‘‘391–3–
307(b)(2). 40 CFR part 52 is amended as follows: 1–.03’’ to read as follows:
List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND § 52.570 Identification of plan.
PROMULGATION OF * * * * *
Environmental protection, Air IMPLEMENTATION PLANS
pollution control, Incorporation by (c) * * *
reference, Nitrogen dioxide, Ozone, ■ 1. The authority citation for part 52
continues to read as follows:
EPA APPROVED GEORGIA REGULATIONS
State
State citation Title/subject EPA approval date Explanation
effective date
391–3–1–.01 ................................ Definitions .................................... 8/14/2016 6/29/2017, [Insert Federal
Register citation].
* * * * * * *
391–3–1–.03 ................................ Permits ......................................... 8/9/2012 6/29/2017, [Insert Federal
Register citation].
* * * * * * *
* * * * * approving the provisions establishing Bernalillo County Minor NSR
[FR Doc. 2017–13536 Filed 6–28–17; 8:45 am] accelerated review and technical permit permitting program submitted on July
BILLING CODE 6560–50–P
revisions. 26, 2013, as supplemented on April 21,
DATES: This rule is effective on July 31, 2016; July 5, 2016; September 19, 2016;
2017. and December 20, 2016, that update the
ENVIRONMENTAL PROTECTION ADDRESSES: The EPA has established a regulations to be consistent with federal
AGENCY docket for this action under Docket ID requirements for Minor NSR permitting,
No. EPA–R06–OAR–2013–0615. All remove a provision that refers to
40 CFR Part 52 documents in the docket are listed on obsolete ambient air standards that are
the http://www.regulations.gov Web unique to the Albuquerque/Bernalillo
[EPA–R06–OAR–2013–0615; FRL–9963–41–
Region 6] site. Although listed in the index, some County Air Quality Control Board, and
information is not publicly available, remove the reference to the State of New
Approval and Promulgation of e.g., Confidential Business Information Mexico non-methane hydrocarbon
Implementation Plans; New Mexico; or other information whose disclosure is standard in 20.11.44 NMAC. We also
Albuquerque/Bernalillo County; New proposed to conditionally approve
restricted by statute. Certain other
Source Review (NSR) Preconstruction severable provisions submitted on July
material, such as copyrighted material,
Permitting Program 26, 2013, as supplemented on April 21,
is not placed on the Internet and will be
2016; July 5, 2016; September 19, 2016;
AGENCY: Environmental Protection publicly available only in hard copy
and December 20, 2016, which
Agency (EPA). form. Publicly available docket
establish, and pertain to, the accelerated
materials are available either
ACTION: Final rule. permitting procedures, conflict of
electronically through http://
interest, and technical permit revisions.
SUMMARY: Pursuant to the Federal Clean www.regulations.gov or in hard copy at
Air Act (CAA or the Act), the the EPA Region 6, 1445 Ross Avenue, II. Final Action
Environmental Protection Agency (EPA) Suite 700, Dallas, Texas 75202–2733. We are approving revisions to the City
is approving portions of revisions to the FOR FURTHER INFORMATION CONTACT: of Albuquerque-Bernalillo County
applicable New Source Review (NSR) Aimee Wilson, 214–665–7596, Minor NSR permitting program
State Implementation Plan (SIP) for the wilson.aimee@epa.gov. submitted on July 26, 2013, as
City of Albuquerque-Bernalillo County. SUPPLEMENTARY INFORMATION: supplemented on April 21, 2016; July 5,
The EPA is approving the following: Throughout this document ‘‘we,’’ ‘‘us,’’ 2016; September 19, 2016; and
The establishment of a new Minor NSR and ‘‘our’’ means the EPA. December 20, 2016. The revisions were
general construction permitting adopted and submitted in accordance
nlaroche on DSK30NT082PROD with RULES
program; changes to the Minor NSR I. Background with the requirements of the CAA and
Public Participation requirements; and The background for this action is the EPA’s regulations regarding SIP
the addition of exemptions from Minor discussed in detail in our March 10, development at 40 CFR part 51.
NSR permitting for inconsequential 2017 proposal (82 FR 13270). In that Additionally, we have determined that
emission sources and activities. document, we proposed to approve the the submitted revisions to the City of
Additionally, the EPA is conditionally revisions to the City of Albuquerque- Albuquerque-Bernalillo County Minor
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under the Regulatory Flexibility Act (5 specified by Executive Order 13175 (65 Incorporation by reference,
U.S.C. 601 et seq.); FR 67249, November 9, 2000). Intergovernmental relations, Lead,
• Does not contain any unfunded The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Particulate
mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small matter, Reporting and recordkeeping
affect small governments, as described Business Regulatory Enforcement requirements, Sulfur oxides, Volatile
in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides organic compounds.
of 1995 (Pub. L. 104–4); that before a rule may take effect, the Dated: June 15, 2017.
• Does not have Federalism agency promulgating the rule must
Samuel Coleman,
implications as specified in Executive submit a rule report, which includes a
copy of the rule, to each House of the Acting Regional Administrator, Region 6.
Order 13132 (64 FR 43255, August 10,
1999); Congress and to the Comptroller General 40 CFR part 52 is amended as follows:
• Is not an economically significant of the United States. EPA will submit a
regulatory action based on health or report containing this action and other PART 52—APPROVAL AND
safety risks subject to Executive Order required information to the U.S. Senate, PROMULGATION OF
13045 (62 FR 19885, April 23, 1997); the U.S. House of Representatives, and IMPLEMENTATION PLANS
the Comptroller General of the United
• Is not a significant regulatory action
States prior to publication of the rule in ■ 1. The authority citation for part 52
subject to Executive Order 13211 (66 FR
the Federal Register. A major rule continues to read as follows:
28355, May 22, 2001);
cannot take effect until 60 days after it
• Is not subject to requirements of is published in the Federal Register.
Authority: 42 U.S.C. 7401 et seq.
section 12(d) of the National This action is not a ‘‘major rule’’ as
Technology Transfer and Advancement Subpart GG—New Mexico
defined by 5 U.S.C. 804(2).
Act of 1995 (15 U.S.C. 272 note) because Under section 307(b)(1) of the Clean
application of those requirements would ■ 2. Amend § 52.1620 by:
Air Act, petitions for judicial review of
be inconsistent with the Clean Air Act; ■ A. In paragraph (c), the second table
this action must be filed in the United
and ‘‘EPA Approved Albuquerque/Bernalillo
States Court of Appeals for the
• Does not provide EPA with the County, NM Regulations’’ is amended
appropriate circuit by August 28, 2017.
discretionary authority to address, as by revising the entry for ‘‘Part 41
Filing a petition for reconsideration by
appropriate, disproportionate human (20.11.41 NMAC) Authority to
the Administrator of this final rule does
health or environmental effects, using Construct’’.
not affect the finality of this action for
practicable and legally permissible the purposes of judicial review nor does ■ B. In paragraph (e), the second table
methods, under Executive Order 12898 it extend the time within which a titled ‘‘EPA Approved Nonregulatory
(59 FR 7629, February 16, 1994). petition for judicial review may be filed, Provisions and Quasi-Regulatory
In addition, the SIP is not approved to and shall not postpone the effectiveness Measures in the New Mexico SIP’’ is
apply on any Indian reservation land or of such rule or action. This action may amended by adding four entries at the
in any other area where EPA or an not be challenged later in proceedings to end of the table.
Indian tribe has demonstrated that a enforce its requirements. (See section The revision and additions read as
tribe has jurisdiction. In those areas of 307(b)(2).) follows:
Indian country, the rule does not have
tribal implications and will not impose List of Subjects in 40 CFR Part 52 § 52.1620 Identification of plan.
substantial direct costs on tribal Environmental protection, Air * * * * *
governments or preempt tribal law as pollution control, Carbon monoxide, (c) * * *
EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State
State citation Title/subject approval/ EPA approval date Explanation
effective date
* * * * * * *
Part 41 (20.11.41 Authority to Con- 7/10/2013 6/29/2017, [Insert The following are conditionally approved 20.11.41.7.J
NMAC). struct. Federal Register NMAC, references to ‘‘technical permit revisions’’ in
citation]. 20.11.41.EE NMAC, 20.11.41.RR NMAC, 20.11.41.17.F
NMAC, 20.11.41.28 NMAC, and 20.11.41.32 NMAC.
* * * * * * *
(e) * * *
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Name of SIP Applicable geographic or submittal/ EPA approval date Explanation
Provisions nonattainment area effective
date
* * * * * * *
City of Albuquerque Clarification City of Albuquerque—Bernalillo 4/21/2016 6/29/2017, [Insert Federal Reg-
Letter on Minor NSR SIP. County. ister citation].
City of Albuquerque Clarification City of Albuquerque-Bernalillo 6/5/2016 6/29/2017, [Insert Federal Reg-
Letter Providing Public Notices of County. ister citation].
Minor NSR to EPA.
City of Albuquerque Letter regard- City of Albuquerque-Bernalillo 9/19/2016 6/29/2017, [Insert Federal Reg-
ing Public Notice for Minor NSR. County. ister citation].
City of Albuquerque Minor NSR City of Albuquerque-Bernalillo 12/20/2016 6/29/2017, [Insert Federal Reg-
Commitment Letter. County. ister citation].
[FR Doc. 2017–13449 Filed 6–28–17; 8:45 am] No. EPA–R07–OAR–2015–0790. All emissions fee for permitted sources as
BILLING CODE 6560–50–P documents in the docket are listed on set by Missouri Statute from $40 to $48
the http://www.regulations.gov Web per ton of air pollution emitted
site. Although listed in the index, some annually, effective January 1, 2016.
ENVIRONMENTAL PROTECTION information is not publicly available, In addition, EPA is making a
AGENCY i.e., CBI or other information whose correction to the previous direct final
disclosure is restricted by statute. rule published in the Federal Register
40 CFR Parts 52 and 70 Certain other material, such as on January 15, 2016 (81 FR 2090). In
[EPA–R07–OAR–2015–0790; FRL 9964–04- copyrighted material, is not placed on that action, EPA inadvertently approved
Region 7] the Internet and will be publicly and codified the state’s submission
available only in hard copy form. relating to Missouri rule 10 CSR
Approval of Missouri’s Air Quality Publicly available docket materials are 6.110(3)(a) pursuant to 40 CFR part 52
Implementation Plans; Reporting available electronically at (Approval and Promulgation of
Emission Data, Emission Fees and www.regulations.gov or please contact Implementation Plans) and part 70
Process Information the person identified in the FOR FURTHER (State Operating Permit Programs). This
INFORMATION CONTACT section for
AGENCY: Environmental Protection action corrects the error by recodifying
additional information. For additional
Agency (EPA). table (c) of § 52.1320 back to its
information and general guidance,
ACTION: Final rule and correcting previously approved and codified entry
please visit http://www2.epa.gov/
amendment. (76 FR 77701, 12/14/11). EPA is only
dockets/commenting-epa-dockets.
approving this action pursuant to 40
FOR FURTHER INFORMATION CONTACT: CFR part 70 per the state’s submission
SUMMARY: The Environmental Protection
Amy Algoe-Eakin, Environmental request. Also, the January 15, 2016,
Agency (EPA) is taking final action to
Protection Agency, Air Planning and direct final rule approved and added
approve revisions to the Operating
Development Branch, 11201 Renner new paragraph (ee) to part 70 appendix
Permits Program for the State of
Boulevard, Lenexa, Kansas 66219 at A. The new paragraph (ee) erroneously
Missouri submitted on March 16, 2015.
913–551–7942, or by email at algoe- listed the state effective date of
These revisions update the emissions
eakin.amy@epa.gov. November 20, 2014. The correct state
fee for permitted sources as set by
SUPPLEMENTARY INFORMATION: effective date is March 30, 2015. This
Missouri Statute from $40 to $48 per ton
of air pollution emitted annually, Throughout this document ‘‘we,’’ ‘‘us,’’ final action revises paragraph (ee) to
effective January 1, 2016. EPA is also or ‘‘our’’ refer to EPA. This section read as set out in the regulatory text
responding to comments received on the provides additional information by below.
proposed action published in the addressing the following:
I. What is being addressed in this document?
II. EPA’s Response to Comments
Federal Register on January 15, 2016. In
addition, EPA is making a correction to II. EPA’s Response to Comments. The public comment period on EPA’s
the previous direct final rule published III. What action is EPA taking?
proposed rule (81 FR 2159, January 15,
in the Federal Register on January 15, I. What is being addressed in this 2016) opened January 15, 2016, the date
2016. EPA inadvertently approved and document? of its publication in the Federal
codified this action under both part 52 EPA is taking final action to approve Register, and closed on February 16,
(Approval and Promulgation of the state’s Title V revision to 10 C.S.R. 2016. During this period, EPA received
Implementation Plans) and part 70 10–6.110 ‘‘Reporting Emission Data, one comment.
(State Operating Permit Programs). This Emission Fees, and Process Comment: The commenter expressed
final rule removes the part 52 approval Information’’, submitted by the state of concern with the intent to increase fees
and codification and makes a Missouri on March 16, 2015. This on pollutant emissions and the
nlaroche on DSK30NT082PROD with RULES
clarification to the part 70 approval revision updates the emissions fee for subsequent use of those fees once
relating to the state effective date. permitted sources as set by Missouri collected. The commenter understood
DATES: This final rule is effective on July Statute. Specifically, section (3)(A) that the fees were collected to fund the
31, 2017. revises the emission fees section, which state’s regulatory activities. However,
ADDRESSES: EPA has established a is approved under the Operating the commenter questioned how those
docket for this action under Docket ID Permits Program only, and updates the funds would be used by the state and
VerDate Sep<11>2014 16:04 Jun 28, 2017 Jkt 241001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1](https://thefederalregister.org/doc/82_FR_29545/page/4.svg)
Document Created: 2018-11-14 10:17:48
Document Modified: 2018-11-14 10:17:48
| 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 rule is effective on July 31, 2017. | |
| Contact | Aimee Wilson, 214-665-7596, [email protected] | |
| FR Citation | 82 FR 29421 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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