
[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Proposed Rules]
[Pages 75444-75449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30490]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0613; FRL-9939-46-Region 6]


Approval and Promulgation of Implementation Plans; State of New 
Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate 
Transport SIP 2010 Nitrogen 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 the City of Albuquerque-Bernalillo County for the Nitrogen 
Dioxide (NO2) National Ambient Air Quality Standards 
(NAAQS). The submittal addresses how the existing SIP provides for 
implementation, maintenance, and enforcement of the 2010 NO2 
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 NO2 emissions.

DATES: Written comments must be received on or before January 4, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2013-0613, 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, State 
Implementation B Section (6MM-AB), 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.

[[Page 75445]]

    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2013-0613. 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. 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 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 January 22, 2010, EPA revised the primary NO2 NAAQS 
(hereafter the 2010 NO2 NAAQS) to establish a new 1-hour 
standard, with a level of 100 parts per billion (ppb), based on the 3-
year average of the annual 98th percentile of the yearly distributions 
of 1-hour daily maximum concentrations (75 FR 6474). 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 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 July 26, 2013.
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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 NO2 NAAQS,\2\ as meeting 
the requirements of an i-SIP.
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    \2\ Additional information on: The history of NO2, 
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 2010 NO2 NAAQS on July 26, 2013. This SIP submission 
is complete by operation of law on January 26, 2014. See CAA section 
110(k)(1)(B).
    (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 NO2 
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

[[Page 75446]]

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. 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 CAA requires the SIP 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 
NO2 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 NO2 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)).
    In the original submission, Albuquerque-Bernalillo County requested 
that EPA not consider element 110(a)(2)(D)(i)(I) as a revision to the 
SIP at that time stating that this element would be addressed at a 
future date. In a letter dated October 2, 2015, from NMED Secretary 
Ryan Flynn to Regional Administrator Ron Curry, a request was made that 
we now consider and act on this element of the i-SIP. As all the 
information needed to make this determination was included in the 
original submission, as well as monitored NO2 concentrations 
indicating design values below the standard, and the lack of 
NO2 nonattainment areas in New Mexico (including 
Albuquerque-Bernalillo County) or within close proximity, we find that 
Albuquerque-Bernalillo County does not contribute to nonattainment nor 
interfere with maintenance of the NAAQS.
    With respect to the interstate transport and 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 NO2 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 
NO2 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, 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

[[Page 75447]]

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 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 NO2 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), 
as well as 110(a)(2)(D)(ii) for the 2010 NO2 NAAQS and is 
proposing to approve this element of the July 26, 2013, 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 herein 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 NO2 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, including the use 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 Albuquerque-
Bernalillo County in accordance with the State Rules Act. Nothing in 
New Mexico's statutory or regulatory authority prohibits

[[Page 75448]]

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.
    (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''.
    (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 [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 July 26, 2013, 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 NO2 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 NO2 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 NO2 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, 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

[[Page 75449]]

beyond those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities 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, Nitrogen dioxide (NO2).

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

    Dated: November 17, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-30490 Filed 12-1-15; 8:45 am]
 BILLING CODE 6560-50-P


