

[Federal Register: April 26, 2007 (Volume 72, Number 80)]
[Rules and Regulations]               
[Page 20728-20730]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap07-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0568; FRL-8305-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Albuquerque/Bernalillo County; Prevention of Significant 
Deterioration (PSD) and New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) for the Albuquerque/Bernalillo County, New Mexico, area that 
were adopted on December 14, 2005, and submitted to EPA by the Governor 
of New Mexico on May 24, 2006. The SIP revisions modify the PSD and 
Nonattainment New Source Review (NNSR) regulations in the SIP. They 
were submitted to make the area's PSD and NNSR rules consistent with 
the Federal PSD and NNSR revised regulations, which were promulgated by 
EPA on December 31, 2002, (67 FR 80186), and reconsidered with minor 
changes on November 7, 2003, (68 FR 63021), (collectively, the ``2002 
New Source Review (NSR) Reform rules''). The revisions include 
provisions for baseline emissions calculations, an actual-to-projected-
actual methodology for calculating emissions changes, options for 
plantwide applicability limits, and recordkeeping and reporting 
requirements. The EPA is approving these revisions pursuant to section 
110, part C, and part D of the Federal Clean Air Act.

DATES: This final rule is effective on May 29, 2007.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R06-OAR-2006-0568. 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 the disclosure of which 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 Air Permits Section (6PD-R), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 Freedom of Information Act Review Room between the hours of 
8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the 
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to 
make an appointment. If possible, please make the appointment at least 
two working days in advance of your visit. There will be a 15 cent per 
page fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Albuquerque Environmental Health Department, Air Pollution Control 
Division, One Civic Plaza, Albuquerque, New Mexico 87103.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits 
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7212; 
fax number (214) 665-7263; or e-mail address spruiell.stanley@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, any reference to 
``we,'' ``us,'' or ``our'' means EPA.

Outline

I. What Action Is EPA Taking?
II. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    The EPA is taking final action to approve the SIP revisions that 
the Governor of New Mexico submitted May 24, 2006. This submittal 
consists of revisions to two regulations that are already part of the 
Albuquerque/Bernalillo County SIP. The affected regulations are: 
20.22.60 New Mexico Administrative Code (NMAC) (Permitting in 
Nonattainment Areas) and 20.22.61 NMAC (Prevention of Significant 
Deterioration). These revisions update the Albuquerque/Bernalillo 
County Air Quality Control Board (AQCB) NNSR and PSD regulations to 
ensure that the regulations are consistent with the 2002 New Source 
Review Reform Rules.
    The SIP revision also includes other non-substantive changes to 
AQCB's PSD and NNSR rules needed to update the regulatory citations, 
make clarifying revisions to the regulatory text, correct typographical 
errors, and ensure that the regulations are consistent with all

[[Page 20729]]

current Federal requirements for PSD and NNSR. These non-substantive 
changes do not change the regulatory requirements.
    On February 15, 2007 (72 FR 7361), we published our proposed 
approval of this SIP revision. The February 15, 2007, proposal provided 
detailed information about the Albuquerque/Bernalillo County SIP 
revisions that are being approved today. The proposal also provided a 
detailed analysis of EPA's rationale for approving the Albuquerque/
Bernalillo County SIP revisions. In the proposal, we provided 
opportunity for public comment on the proposed action. The public 
comment period for this proposed rulemaking ended March 19, 2007. We 
received no comments, adverse or otherwise, on the proposed rulemaking. 
We are therefore finalizing our proposed approval without changes. For 
more details on this submittal, please refer to the proposed rulemaking 
and to the Technical Support Document, which is in the docket for this 
action.
    The EPA is also making a non-substantive administrative change to 
the title of the second table under 40 CFR 52.1620(c), which 
incorporates the SIP-approved Albuquerque/Bernalillo County 
regulations. The title of this table currently is ``EPA Approved 
Albuquerque/Bernalillo County, NN Regulations.'' The EPA is changing 
this title to ``EPA Approved Albuquerque/Bernalillo County, NM 
Regulations.''

II. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under State law and does 
not impose any additional enforceable duty beyond that required by 
State law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on: One or more Indian tribes, the 
relationship between the Federal Government and Indian tribes, or the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a State rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. The EPA interprets Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), as applying only to those regulatory actions 
that concern health or safety risks such that the analysis required 
under section 5-501 of the Executive Order has the potential to 
influence the regulation. This rule is not subject to Executive Order 
13045 because it approves a State program. Executive Order 12898 (59 FR 
7629, February 16, 1994) establishes Federal executive policy on 
environmental justice. Because this rule merely approves a State rule 
implementing a Federal standard, EPA lacks the discretionary authority 
to modify today's regulatory decision on the basis of environmental 
justice considerations.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. The EPA will submit a report containing this rule 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 June 25, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: April 17, 2007.
 Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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2. Section 52.1620 is amended as follows:
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a. The title of the second table in paragraph (c) is revised to read: 
``EPA Approved Albuquerque/Bernalillo County, NM Regulations''
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b. The second table in Sec.  52.1620(c) entitled ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations'' is amended as follows:

[[Page 20730]]

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i. By revising the entry for Part 60 (20.11.60).
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ii. By revising the entry for Part 61 (20.11.61).
    The amendments read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                       EPA-Approved Albuquerque/Bernalillo County, New Mexico Regulations

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                                                             State
          State citation              Title/subject       submittal/     EPA approval date       Explanation
                                                        effective date
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                                                  * * * * * * *
New Mexico Administrative Code Title 20--Environmental Protection, Chapter 11--Albuquerque/Bernalillo County Air
 Quality Control Board
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                                                  * * * * * * *
Part 60 (20.11.60)...............  Permitting in              12/14/05  4/26/07 [Insert FR
                                    Nonattainment                        page number where
                                    Areas.                               document begins].
Part 61 (20.11.61)...............  Prevention of              12/14/05  4/26/07 [Insert FR
                                    Significant                          page number where
                                    Deterioration.                       document begins].

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 [FR Doc. E7-7896 Filed 4-25-07; 8:45 am]

BILLING CODE 6560-50-P
