
[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68447-68448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28003]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-1119; FRL-9221-4]


Approval and Promulgation of Implementation Plans; Albuquerque/
Bernalillo County, NM; Interstate Transport of Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a revision to the Albuquerque/Bernalillo 
County, New Mexico State Implementation Plan (SIP) to address the 
``good neighbor'' provisions of the Clean Air Act (CAA) section 
110(a)(2)(D)(i), for the 1997 ozone and the 1997 fine particulate 
matter (PM2.5) National Ambient Air Quality Standards 
(NAAQS) as it applies to Albuquerque/Bernalillo County. The revision 
addresses one element of CAA section 110(a)(2)(D)(i), which pertains to 
prohibiting air pollutant emissions from within a state to 
significantly contribute to nonattainment of the ozone and 
PM2.5 NAAQS in any state. The Albuquerque/Bernalillo Air 
Quality Control Board (AQCB) is responsible for the portion of the New 
Mexico SIP that applies in Bernalillo County, which encompasses the 
City of Albuquerque. This rulemaking action is being taken under 
section 110 of the CAA.

DATES: This final rule will be effective December 8, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2007-1119. All documents in the docket 
are listed at http://www.regulations.gov. 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 Air Planning Section (6PD-L), 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 (FOIA) 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 or Mr. 
Bill Deese at 214-665-7253 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.

FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6717; fax 
number (214) 665-7263; e-mail address shahin.emad@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.
    Outline:

I. What action Is EPA taking?
II. What is the background for this action?
III. Statutory and Executive Order Reviews

I. What action is EPA taking?

    We are approving a revision to the New Mexico State Implementation 
Plan (SIP) to address the ``good neighbor'' provisions of the Clean Air 
Act (CAA) section 110(a)(2)(D)(i), for the 1997 ozone and the 1997 
PM2.5 standards for Albuquerque/Bernalillo County, 
demonstrating that one of the required elements of the CAA section 
110(a)(2)(D)(i) has been met. The SIP revision demonstrates in part 
that air pollutant emissions from sources within Albuquerque/Bernalillo 
County do not significantly contribute to nonattainment of the relevant 
NAAQS in any other state. Therefore, we have determined that emissions 
from sources in Albuquerque/Bernalillo County do not significantly 
contribute to nonattainment of the 1997 ozone standards or of the 1997 
PM2.5 standards in any other state. In a separate action, 
EPA approved this revision for the remainder of the State of New Mexico 
(75 FR 33174, June 11, 2010).
    At a later date we will act on addressing the remaining three 
elements of section 110(a)(2)(D)(i) which are: (1) Interference with 
the maintenance of the NAAQS in any other state; (2) interference with 
measures required to prevent significant deterioration of air quality 
in any other state; and (3) interference with measures required to 
protect visibility in any other state.

II. What is the background for this action?

    On July 29, 2010, we published a proposal to approve the portion of 
a SIP revision adopted by AQCB that addressed one element of the CAA 
section 110(a)(2)(D)(i) (75 FR 44731). EPA's analyses for approving the 
SIP revision are described in detail in that proposal and in the 
supporting documentation available in the electronic docket for this 
action at www.regulations.gov (Docket Identification No. EPA-R06-OAR-
2007-1119). The comment period on the proposal ended on August 30, 
2010, and we did not receive any comments.

III. 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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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);

[[Page 68448]]

     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 January 7, 2011. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 27, 2010.
Al Armendariz,
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

0
2. The second table in Sec.  52.1620(e) entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP'' is amended by adding an entry to the end to read as 
follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *
    EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures 
in the New Mexico SIP

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                                                            State
                                        Applicable        submittal/
      Name of SIP provision            geographic or      effective     EPA approval date        Explanation
                                    nonattainment area       date
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                                                  * * * * * * *
Interstate transport for the 1997  Bernalillo County...     07/30/07  11/08/10 [insert FR   11/08/10 Approval
 ozone and PM2.5 NAAQS.                                                page number where     for revisions to
                                                                       the document          prohibit
                                                                       begins].              significant
                                                                                             contribution to
                                                                                             nonattainment in
                                                                                             any other state.
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[FR Doc. 2010-28003 Filed 11-5-10; 8:45 am]
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