
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Proposed Rules]
[Pages 54739-54743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22862]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / 
Proposed Rules  

[[Page 54739]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0400; FRL-9933-80-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Albuquerque-Bernalillo County; Infrastructure and Interstate Transport 
State Implementation Plan for the 2008 Lead 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), the Environmental 
Protection Agency (EPA) is proposing to approve a State Implementation 
Plan (SIP) submission from the Governor of New Mexico for the City of 
Albuquerque-Bernalillo County for the 2008 Lead (Pb) National Ambient 
Air Quality Standards (NAAQS). The submittal addresses how the existing 
SIP provides for implementation, maintenance, and enforcement of the 
2008 Pb 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 Pb emissions.

DATES: Written comments must be received on or before October 13, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2012-0400, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Tracie Donaldson at Donaldson.tracie@epa.gov.
     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-
2012-0400. 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, donaldson.tracie@epa.gov. To inspect the hard copy materials, 
please schedule an appointment with her 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 October 5, 1978, we published the first NAAQS for lead (Pb) (43 
FR 46246). Both the primary and secondary standards were set at 1.5 
micrograms per cubic meter ([micro]g/m3). In 2008, following a periodic 
review of the NAAQS for lead, we published a revised, more stringent 
NAAQS of 0.15 [micro]g/m3 for both the primary and secondary standards 
(73 FR 66964, November 13, 2008). For more information on these 
standards, please see the Technical Support Document (TSD) and EPA Web 
site http://epa.gov/airquality/lead.
    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.\1\ The Governor of 
New Mexico on behalf of Albuquerque-Bernalillo County submitted an i-
SIP revision on May 2, 2012 to address this revised NAAQS, including a 
demonstration that the SIP met the four statutory requirements for 
interstate transport of Pb emissions.
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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) for 
the 2008 Pb NAAQS,'' Memorandum from Stephen D. Page, October 14, 
2011, http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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    EPA is proposing to approve the Albuquerque-Bernalillo County, New 
Mexico i-SIP submittal for the 2008 Pb NAAQS \2\ as meeting the 
requirements

[[Page 54740]]

for an i-SIP, including the requirements for interstate transport of Pb 
emissions
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    \2\ Additional information on: The history of Pb, 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 and Interstate Transport 
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 2008 Pb NAAQS on May 2, 2012. This SIP submission became 
complete by operation of law on November 2, 2013. See CAA section 
110(k)(1)(B).
    (A) Emission limits and other control measures: The SIP must 
include enforceable emission limits and other control measures, means 
or techniques, schedules for compliance 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 2008 Pb 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 52.1620, Subpart GG.
    (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 the 
data to EPA upon request.
    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. The network includes one monitor for Pb. AQP's 2014 
Air Monitoring Network Plan is the most recently EPA-approved network 
monitoring plan and was 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, in accordance with EPA rules. The monitoring network was 
approved into the SIP (46 FR 4005, August 6, 1981). AQP conducts an 
assessment of the monitoring network every 5 years. Data is available 
upon request and in the EPA Air Quality System (AQS) database.
    (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).\4\
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    \4\ 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 AQAC 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.\5\
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    \5\ 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). 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 2008 Pb NAAQS 
and has been approved by EPA.\6\ In a recent action, 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 (see docket EPA-
R06-OAR-2013-0616 in www.regulations.gov).
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    \6\ As discussed further in the TSD.
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    (D) Interstate and international transport: The requirements for 
interstate transport of Pb emissions are that the SIP contain adequate 
provisions prohibiting Pb 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

[[Page 54741]]

deterioration or (4) interfere with measures to protect visibility (CAA 
110(a)(2)(D)(i)).
    With respect to significant contribution to nonattainment or 
interference with maintenance of the Pb NAAQS, the physical properties 
of Pb, which is a metal and very dense, prevent Pb emissions from 
experiencing a significant degree of travel in the ambient air. No 
complex chemistry is needed to form Pb or Pb compounds in the ambient 
air; therefore, ambient concentrations of Pb are typically highest near 
Pb sources. More specifically, there is a sharp decrease in ambient Pb 
concentrations as the distance from the source increases. According to 
EPA's report entitled Our Nation's Air: Status and Trends Through 2010, 
Pb concentrations that are not near a source of Pb are approximately 8 
times less than the typical concentrations near the source.\7\ For 
these reasons, EPA believes that the interstate transport requirements 
pertaining to significant contribution to nonattainment or interference 
with maintenance of the Pb NAAQS can be satisfied through a state's 
assessment as to whether a lead source located within its state in 
close proximity to a state border has emissions that contribute 
significantly to the nonattainment in or interfere with maintenance of 
the NAAQS in the neighboring state. Albuquerque-Bernalillo County has 
stated as such in its submission.
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    \7\ http://www.epa.gov/airtrends/2011/report/fullreport.pdf.
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    There are no areas within Albuquerque-Bernalillo County that are 
designated as nonattainment with respect to the 2008 Pb NAAQS, and 
there are no significant sources of Pb emissions within the County that 
emit Pb in amounts equal to or exceeding 0.5 tons per year, nor sources 
of Pb emissions within two miles of a neighboring state line. Total Pb 
emissions within Albuquerque-Bernalillo County in 2011 were less than 
two tons, and most of the Pb-emitting sources within the State are 
general aviation airports where aviation gasoline containing tetra-
ethyl lead is still in use. Therefore, we deem that Albuquerque-
Bernalillo County has presumptively satisfied the interstate transport 
requirements pertaining to significant contribution to nonattainment or 
interference with maintenance of the Pb NAAQS.
    With respect to the interstate transport and PSD requirement, we 
note that Albuquerque-Bernalillo County's satisfaction of the 
applicable infrastructure SIP PSD requirements for attainment/
unclassifiable areas with regards to the 2008 Pb NAAQS have been 
detailed in the section addressing section 110(a)(2)(C). Therefore, we 
deem that the SIP has presumptively satisfied the interstate transport 
and PSD requirement.
    With regard to the applicable requirement for interstate transport 
and visibility protection, significant impacts from Pb emissions from 
stationary sources are expected to be limited to short distances from 
the source and most, if not all, stationary sources of Pb emissions are 
located at sufficient distances from Class I areas such that visibility 
impacts would be negligible. Although Pb can be a component of coarse 
and fine particles, Pb generally comprises only a small fraction of 
coarse and fine particles. A recent EPA study conducted to evaluate the 
extent that Pb could impact visibility concluded that Pb-related 
visibility impacts at Class I areas were found to be insignificant 
(e.g., less than 0.10%).\8\ Given this information, that there are no 
significant point sources of Pb emissions and that the County is not 
near an interstate border we deem the SIP meets the interstate 
transport and visibility protection.
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    \8\ Analysis by Mark Schmidt, OAQPS, ``Ambient Pb's Contribution 
to Class I Area Visibility Impairment,'' June 17, 2011.
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    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 source or 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 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 State's infrastructure SIP submission for 
the 2008 Pb 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) (all 4 interstate transport requirements), and 
110(a)(2)(D)(ii) for the 2008 Pb NAAQS and is proposing to approve this 
element of the May 2, 2012, 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 2008 Pb 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 Air Act. 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

[[Page 54742]]

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 
orhttps://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 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 [8/21/91, 56 FR 38074; 
40 CFR 52.1639, Prevention of Air Emergency Episodes], which is part of 
the SIP, which 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 Albuquerque-
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 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. The Albuquerque-Bernalillo County nonattainment new source 
review (NNSR) provisions required for the 2008 Pb NAAQS and other NAAQS 
were approved as part of the SIP (72 FR 20728, April 26, 2007).
    Additionally, Albuquerque-Bernalillo County presently does not 
contain any non-attainment areas for Pb.
    (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 AQAC 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 Board, stipulates 
notice requirements for rulemaking and is used as a guide for notice 
requirements when adopting SIPs.

[[Page 54743]]

    (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 [4/10/80, 45 FR 24468]. 
Albuquerque-Bernalillo County's title V operating permit program 
codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/
8/04 [FR vol. 69, No. 173, pp. 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 May 2, 2012, 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 2008 Pb 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 this 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 2008 
Pb 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 Pb emissions.

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, 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 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);
     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, Lead (Pb), Reporting and 
recordkeeping requirements.

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

    Dated: September 2, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-22862 Filed 9-10-15; 8:45 am]
 BILLING CODE 6560-50-P


