[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Proposed Rules]
[Pages 69925-69930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28353]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0431; FRL-9936-68-Region 6]
Approval and Promulgation of Implementation Plans; State of New
Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate
Transport SIP 2010 Sulfur Dioxide National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve a State
Implementation Plan (SIP) submission from the State of New Mexico on
behalf of Albuquerque-Bernalillo County for the 2010 Sulfur Dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). The
submittal addresses how the existing SIP provides for implementation,
maintenance, and enforcement of the 2010 SO2 NAAQS
(infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP
for Albuquerque-Bernalillo County is adequate to meet the state's
responsibilities under the CAA, including the four CAA requirements for
interstate transport of SO2 emissions.
DATES: Written comments must be received on or before December 14,
2015.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2015-0431, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Tracie Donaldson at [email protected].
Mail or delivery: Mary Stanton, Chief, Air Grants Section
(6PD-S), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2015-
[[Page 69926]]
0431. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit electronically any information
that you consider to be CBI or other information whose disclosure is
restricted by statute. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. Multimedia submissions (audio, video, etc.)
must be accompanied by a written comment. The written comment is
considered the official comment and should include discussion of all
points you wish to make. The EPA will generally not consider comments
or comment contents located outside of the primary submission (i.e. on
the Web, cloud, or other file sharing system). For additional
information on submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, telephone 214-665-
6633, [email protected]. To inspect the hard copy materials,
please schedule an appointment with Tracie Donaldson or Bill Deese at
214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On June 22, 2010, EPA revised the primary SO2 NAAQS
(hereafter the 2010 SO2 NAAQS) to establish a new 1-hour
standard, with a level of 75 parts per billion (ppb), based on the 3-
year average of the annual 99th percentile of 1-hour daily maximum
concentrations (75 FR 35520). Each state must submit an i-SIP within
three years after the promulgation of a new or revised NAAQS. Section
110(a)(2) of the CAA includes a list of specific elements the i-SIP
must meet. EPA issued guidance addressing the i-SIP elements for NAAQS
on September 13, 2013.\1\ The Secretary of the New Mexico Environmental
Department (NMED) submitted an i-SIP revision on behalf of Albuquerque-
Bernalillo County to address this revised NAAQS on June 11, 2015.
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\1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
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EPA is proposing to approve the Albuquerque-Bernalillo County, New
Mexico i-SIP submittal for the 2010 SO2 NAAQS,\2\ as meeting
the requirements of an i-SIP.
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\2\ Additional information on: The history of SO2,
its levels, forms and, determination of compliance; EPA's approach
for reviewing i-SIPs; the details of the SIP submittal and EPA's
evaluation; the effect of recent court decisions on i-SIPs; the
statute and regulatory citations in the New Mexico SIP specific to
this review; the specific i-SIP applicable CAA and EPA regulatory
citations; Federal Register Notice citations for New Mexico SIP
approvals; New Mexico's minor New Source Review program and EPA
approval activities; and, New Mexico's Prevention of Significant
Deterioration (PSD) program can be found in the Technical Support
Document (TSD).
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II. EPA's Evaluation of New Mexico's i-SIP Submittal
Below is a summary of EPA's evaluation of the Albuquerque-
Bernalillo County, New Mexico i-SIP for each applicable element of
110(a)(2) A-M. The Albuquerque-Bernalillo County Air Quality Control
Board (Air Board) provided a demonstration of how the existing
Albuquerque-Bernalillo County, New Mexico SIP met all the requirements
of the 2010 SO2 NAAQS on June 11, 2015.
(A) Emission limits and other control measures: CAA section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, means or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate to meet
the applicable requirements of the Act, and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\3\
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\3\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2010 SO2
NAAQS. Those SIP provisions are due as part of each state's
attainment plan, and will be addressed separately from the
requirements of section 110(a)(2)(A). In the context of an
infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the
implementation of the NAAQS.
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Legislative authority for Albuquerque-Bernalillo County's air
quality program, codified in Chapter 74 Environmental Improvement,
Article 2, Air Pollution, of the New Mexico statutes, gives the Air
Board and the Albuquerque Environmental Health Department's Air Quality
Program (AQP) the authority to implement the CAA in Albuquerque-
Bernalillo County, New Mexico. Enforceable emission limitations and
other control measures are authorized by the New Mexico Air Quality
Control Act (AQCA), which established the Air Board and those
provisions of New Mexico Administrative Code (NMAC) Title 20,
Environmental Protection, Chapter 11, Albuquerque-Bernalillo County Air
Quality Control Board. They can adopt emission standards and compliance
schedules applicable to regulated entities; emission standards and
limitations and any other measures necessary for attainment and
maintenance of national standards; and, enforce applicable laws,
regulations, standards and compliance schedules, and seek injunctive
relief within the boundaries of Bernalillo County. This authority has
been employed to adopt and submit multiple revisions to the
Albuquerque-Bernalillo County, New Mexico State Implementation Plan.
The approved SIP for Albuquerque-Bernalillo County, New Mexico is
documented at 40 CFR part 52.1620, Subpart GG.\4\
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\4\ http://www.ecfr.gov/cgi-bin/text-idx?SID=64943a7422504656d8d72e9d6f87f177&mc=true&node=sp40.5.52.ss&rgn=div6.
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(B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of monitoring data, and providing
such data to EPA upon request.
[[Page 69927]]
The AQCA provides AQP with the authority to monitor ambient air
quality in the county (NMSA 1978, section 74-2-5). AQP maintains a
monitoring network for the NAAQS and submits an annual Network
Assessment to EPA. AQP's 2014 Air Monitoring Network Plan is the most
recently EPA-approved network monitoring plan--approved by EPA on
February 3, 2015. All monitoring data is measured using EPA approved
methods and subject to the EPA quality assurance requirements. AQP
submits all required data to EPA, following the EPA regulations. The
monitoring network was approved into the SIP (46 FR 4005, August 6,
1981) and undergoes annual review by the EPA.\5\ In addition, AQP
conducts an assessment of the monitoring network every 5 years. The
most recent of these 5-year monitoring network assessments was
conducted by AQP and approved by EPA. Data is available upon request
and in the EPA Air Quality System (AQS) database.
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\5\ A copy of the 2014 Annual Air Monitoring Network Plan and
EPA's approval letter dated February 3, 2015, are included in the
docket for this proposed rulemaking.
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(C) Program for enforcement The SIP must include the following
three elements: (1) A program providing for enforcement of the measure
in paragraph A above; (2) a program for the regulation of the
modification and construction of stationary sources as necessary to
protect the applicable NAAQS (i.e., state-wide permitting of minor
sources); and (3) a permit program to meet the major source permitting
requirements of the CAA (for areas designated as attainment or
unclassifiable for the NAAQS in question).\6\
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\6\ As discussed in further detail in the TSD.
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(1) Enforcement of SIP Measures. As noted in (A), the state
statutes provide authority for the AQP to enforce the requirements of
the AQCA within Albuquerque-Bernalillo County, and any regulations,
permits, or final compliance orders. Its statutes also provide the AQP
with general enforcement powers. Among other things, they can file
lawsuits to compel compliance with the statutes and regulations;
commence civil actions; issue field citations; conduct investigations
of regulated entities; collect criminal and civil penalties; develop
and enforce rules and standards related to protection of air quality;
issue compliance orders; pursue criminal prosecutions; investigate,
enter into remediation agreements; and issue emergency cease and desist
orders. The AQCA also provides additional enforcement authorities and
funding mechanisms.
(2) Minor New Source Review (NSR). The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. Albuquerque-Bernalillo County's minor NSR
permitting requirements are approved as part of the SIP.\7\
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\7\ EPA is not proposing to approve or disapprove Albuquerque-
Bernalillo County's existing minor NSR program to the extent that it
may be inconsistent with EPA's regulations governing this program.
EPA has maintained that the CAA does not require that new
infrastructure SIP submissions correct any defects in existing EPA-
approved provisions of minor NSR programs in order for EPA to
approve the infrastructure SIP for element C (e.g., 76 FR 41076-
41079, July 13, 2011). EPA believes that a number of states may have
minor NSR provisions that are contrary to the existing EPA
regulations for this program. The statutory requirements of section
110(a)(2)(C) provide for considerable flexibility in designing minor
NSR programs.
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(3) Prevention of Significant Deterioration (PSD) permit program.
Albuquerque-Bernalillo County's PSD portion of the SIP covers all NSR
regulated pollutants as well as the requirements for the 2010
SO2 NAAQS and has been approved by EPA.\8\ EPA approved
revisions that address the requirements of the EPA's May 2008, July
2010, and October 2012 PM2.5 PSD Implementation Rules and to
incorporate revisions consistent with the EPA's March 2011 Fugitives
Interim Rule, July 2011 Greenhouse Gas (GHG) Biomass Deferral Rule, and
July 2012 GHG Tailoring Rule Step 3 and GHG PALs Rule (80 FR 52401,
August 31, 2015).
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\8\ As discussed further in the TSD.
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(D) Interstate and international transport: The requirements for
interstate transport of SO2 emissions are that the SIP
contain adequate provisions prohibiting emissions to other states which
will (1) contribute significantly to nonattainment of the NAAQS, (2)
interfere with maintenance of the NAAQS, (3) interfere with measures
required to prevent significant deterioration or (4) interfere with
measures to protect visibility (CAA 110(a)(2)(D)(i)).
With respect to the requirements of section 110(a)(2)(D)(i)(I), the
scarcity of major sources of SO2, the minimal amount of
emissions from these sources, and the large geographic distance between
those sources and other states, we find that Albuquerque-Bernalillo
County does not contribute to nonattainment nor interfere with
maintenance NAAQS.
With respect to the PSD requirements of section
110(a)(2)(D)(i)(II), we note that Albuquerque-Bernalillo County's
satisfaction of the applicable infrastructure SIP PSD requirements for
attainment/unclassifiable areas with regards to the 2010 SO2
NAAQS have been detailed in the section addressing section
110(a)(2)(C). Two revisions to the SIP to update the Albuquerque-
Bernalillo County PSD SIP permitting program consistent with federal
requirements have been approved (80 FR 52401, August 31, 2015). These
approvals contain revisions to address the requirements of the EPA's
May 2008, July 2010, and October 2012 PM2.5 PSD
Implementation Rules and to incorporate revisions consistent with the
EPA's March 2011 Fugitives Interim Rule, July 2011 Greenhouse Gas (GHG)
Biomass Deferral Rule, and July 2012 GHG Tailoring Rule Step 3 and GHG
PALs Rule.
For sources not subject to PSD for any one of the pollutants
subject to regulation under the CAA because they are in a nonattainment
area for a NAAQS, Albuquerque-Bernalillo County has adopted the
nonattainment new source review (NNSR) provisions required for the 2010
SO2 NAAQS and other NAAQS at 20.11.60 NMAC--Permitting in
Nonattainment Areas.
With regard to the applicable requirements for visibility
protection of section 110(a)(2)(D)(i)(II), this requirement was met by
our approval of the regional haze and visibility component of the SIP.
There are no final findings by EPA that New Mexico air emissions
affect other countries. Therefore, Albuquerque-Bernalillo County, New
Mexico has no international obligations. If EPA makes such a finding,
AQP will consult with EPA.
Section 110(a)(2)(D)(ii) also requires that the SIP ensure
compliance with the applicable requirements of sections 126 and 115 of
the CAA, relating to interstate and international pollution abatement,
respectively. Section 126(a) of the CAA requires new or modified
sources to notify neighboring states of potential impacts from sources
within the State. Albuquerque-Bernalillo County regulations require
that affected states, tribes and federal land managers receive notice
prior to the commencement of any construction or significant
modification of a major source. In addition, no sources located in
Albuquerque-Bernalillo County have been identified by EPA as having any
interstate impacts under section 126 in any pending actions relating to
any air pollutant.
Section 115 of the CAA authorizes EPA to require a state to revise
its SIP under certain conditions to alleviate international transport
into another
[[Page 69928]]
country. There are no final findings under section 115 of the CAA
against New Mexico with respect to any air pollutant. Thus, the State's
SIP does not need to include any provisions to meet the requirements of
section 115.
Based upon review of the County's infrastructure SIP submission for
the 2010 SO2 NAAQS, and relevant statutory and regulatory
authorities and provisions referenced in the submission or referenced
in New Mexico's SIP, EPA believes that Albuquerque-Bernalillo County
has the adequate infrastructure needed to address sections
110(a)(2)(D)(i)(I) and (II), and 110(a)(2)(D)(ii) for the 2010
SO2 NAAQS and is proposing to approve this element of the
June 11, 2015, submission.
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) requirements
relating to state boards; and (3) necessary assurances that the state
has responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan.
Both elements A and E address the requirement that there is
adequate authority to implement and enforce the SIP and that there are
no legal impediments.
This i-SIP submission for the 2010 SO2 NAAQS describes
the SIP regulations governing the various functions of personnel within
the AQP and the Air Board, including the administrative, technical
support, planning, enforcement, and permitting functions of the
program.
With respect to funding, the resources to carry out the plan are
provided through General Funds, Permit Fees and the CAA grant process.
Permit Fees are collected under the authority of section 74-2-7.
As required by the CAA and the Environmental Improvement Act (EIA),
the SIP stipulates that any members of the board or body, or the head
of an agency with similar powers, adequately disclose any potential
conflicts of interest. NMSA 1978 section 74-1-4 provides the Air Board
contain at least a majority of members who represent the public
interest and do not derive any significant portion of their income from
persons subject to or who appear before the board on issues related to
the CAA or the AQCA. Board members are required to recuse themselves
from rule-makings in which their impartiality may reasonably be
questioned.
With respect to assurances that the Air Board has responsibility to
implement the SIP adequately when it authorizes local or other agencies
to carry out portions of the plan, the EIA and the AQCA designate the
Air Board as the primary air pollution control agency within
Albuquerque-Bernalillo County. The statutes allow for local agencies to
carry out some or all of the Act's responsibilities.
The Albuquerque/Bernalillo County Air Quality Control Board assumes
jurisdiction for local administration and enforcement of the AQCA in
Bernalillo County. There are Albuquerque/Bernalillo County SIP
provisions which are part of the New Mexico SIP.\9\
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\9\ Albuquerque/Bernalillo County SIP http://yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&Start=1&Count=30&Collapse=4.4#4.4 or
https://www.law.cornell.edu/cfr/text/40/52.1620.
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(F) Stationary source monitoring system: The SIP requires the
establishment of a system to monitor emissions from stationary sources
and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.
Requirements in 20.11.47 NMAC, Emission Inventory Requirements
provide for the reporting of emissions inventories in a format
established by AQP on a schedule prescribed by the regulation. There
also are SIP state regulations pertaining to sampling and testing and
requirements for reporting of emissions inventories. In addition, SIP
rules establish general requirements for maintaining records and
reporting emissions. This information is used to track progress towards
measuring the NAAQS, developing control and maintenance strategies,
identifying sources and general emission levels, and determining
compliance with SIP regulations and additional EPA requirements.
(G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
The AQCA provides the New Mexico Environment Department with
authority to address environmental emergencies, inclusive of
contingency plans to implement emergency episode provisions.
Pursuant to 40 CFR part 51, subpart H, Prevention of Air Pollution
Emergency Episodes, on January 26, 1989, the Air Board adopted the Air
Pollution Contingency Plan for Bernalillo County [August 21, 1991, 56
FR 38074; 40 CFR 52.1639, Prevention of Air Emergency Episodes], which
is part of the SIP, and covers air pollution episodes and the
occurrence of an emergency due to the effects of the pollutants on the
health of persons.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
Albuquerque-Bernalillo County's SIP is a compilation of
regulations, plans and submittals that act to improve and maintain air
quality in accordance with national standards. The authority to develop
or revise the SIP is based on the authority to adopt new regulations
and revise existing regulations to meet the NAAQS. NMSA 1978 section
74-7-5 gives the board the authority to perform these functions.
Section 74-7-5 also gives the board the authority to adopt regulations
to abate, control and prohibit air pollution throughout Bernalillo
County in accordance with the State Rules Act. Nothing in New Mexico's
statutory or regulatory authority prohibits Albuquerque-Bernalillo
County from revising the SIP in the event of a revision to the NAAQS.
The AQCA specifically requires revisions to the SIP if the scenarios
set forth in Section 110(a)(2)(H) occur.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
As noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to
[[Page 69929]]
different submission schedules than those for section 110
infrastructure elements. Instead, EPA will take action on part D
attainment plan SIP submissions through a separate rulemaking process
governed by the requirements for nonattainment areas, as described in
part D.
(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
requirements: (1) Relating to interagency consultation regarding
certain CAA requirements; (2) relating to public notification of NAAQS
exceedances and related issues; and, (3) prevention of significant
deterioration of air quality and visibility protection.
(1) Interagency consultation: As required by the AQCA, there must
be a public hearing before the adoption of any regulations or emission
control requirements and all interested persons must be given a
reasonable opportunity to submit data, view documents, or argue orally
or in writing and to examine testimony of witnesses from the hearing.
In addition, the AQCA provides for the power and duty to ``advise,
consult, contract with and cooperate with local authorities, other
states, the federal government and other interested persons or groups
in regard to matters of common interest in the field of air quality
control . . .'' Furthermore, New Mexico's PSD SIP rules mandate public
participation and notification regarding permitting applications to any
other state or local air pollution control agencies, local government
officials of the city or county where the source will be located,
tribal authorities, and Federal Land Managers (FLMs) whose lands may be
affected by emissions from the source or modification. The State's
Transportation Conformity SIP rules also provide procedures for
interagency consultation, resolution of conflicts, and public
notification.
(2) Public Notification: The i-SIP provides the SIP regulatory
citations requiring the Air Board to regularly notify the public of
instances or areas in which any NAAQS are exceeded, advise the public
of the health hazard associated with such exceedances, and enhance
public awareness of measures that can prevent such exceedances and ways
in which the public can participate in efforts to improve air quality.
20.11.82 NMAC, Rulemaking Procedures--Air Quality Control Board,
stipulates notice requirements for rulemaking and is used as a guide
for notice requirements when adopting SIPs.
(3) PSD and Visibility Protection: The PSD requirements here are
the same as those addressed under (C). The Albuquerque-Bernalillo
County, New Mexico SIP requirements relating to visibility and regional
haze are not affected when EPA establishes or revises a NAAQS.
Therefore, EPA believes that there are no new visibility protection
requirements due to the revision of the NAAQS, and consequently there
are no newly applicable visibility protection obligations pursuant to
infrastructure element J after the promulgation of a new or revised
NAAQS.
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
AQP has the duty, authority and technical capability to conduct air
quality modeling, pursuant to the AQCA, in order to assess the effect
on ambient air quality of relevant pollutant emissions; and can provide
relevant data as part of the permitting and NAAQS implementation
process. AQP follows EPA guidelines for air dispersion modeling. Upon
request, AQP will submit current and future data relating to air
quality modeling to EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under the CAA, to cover the cost of
reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until a fee program
established by the state pursuant to Title V of the CAA, relating to
operating permits, is approved by EPA.
The fee requirements of 20.11.2 NMAC have been approved by EPA as
meeting the CAA requirements and were incorporated into the
Albuquerque-Bernalillo County, New Mexico SIP (45 FR 24468, April 10,
1980,). Albuquerque-Bernalillo County's title V operating permit
program codified at 20.11.42 NMAC, Operating Permits, was approved by
EPA on September 8, 2004 (69 FR 54244-47). In addition, see element (E)
above for the description of the mandatory collection of permitting
fees outlined in the SIP.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
New Mexico State Statute Section 74-2-5.2 State Air Pollution
Control Agency; Specific Duties and Powers of the Department, states
that, ``The department is the state air pollution control agency for
all purposes under federal legislation relating to pollution. The
department is required to ``advise, consult, contract and cooperate
with local authorities, other states, the federal government and other
interested persons or groups in regard to matters of common interest in
the field of air quality control.'' Also see element (J) above for a
discussion of the SIP's public participation process, the authority to
advise and consult, and the PSD SIP's public participation
requirements.
III. Proposed Action
EPA is proposing to approve the June 11, 2015, infrastructure SIP
submission from Albuquerque-Bernalillo County, New Mexico, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2010 SO2 NAAQS. Specifically, EPA is
proposing to approve the following infrastructure elements:
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and
(M). EPA is not proposing action pertaining to section 110(a)(2)(I)--
Nonattainment Area Plan or Plan Revisions as EPA believes these need
not be addressed in the i-SIP. Based upon review of the state's
infrastructure SIP submissions and relevant statutory and regulatory
authorities and provisions referenced in these submissions or
referenced in Albuquerque-Bernalillo County, New Mexico's SIP, EPA
believes that Albuquerque-Bernalillo County, New Mexico has the
infrastructure in place to address all applicable required elements of
sections 110(a)(1) and (2) to ensure that the 2010 SO2 NAAQS
are implemented in the county. We also are proposing to approve the
State's demonstration that it meets the four statutory requirements for
interstate transport of SO2 emissions.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735,
[[Page 69930]]
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur dioxide (SO2).
Authority: 42 U.S.C. 7401 et seq.
Dated: October 27, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2015-28353 Filed 11-10-15; 8:45 am]
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