[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31204-31206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0176; FRL-9995-44-Region 6]


Air Plan Approval; New Mexico; Albuquerque/Bernalillo County; 
Minor New Source Review (NSR) Preconstruction Permitting Program 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving revisions to the New 
Mexico State Implementation Plan (SIP) for the City of Albuquerque-
Bernalillo County minor New Source Review (NSR) program submitted on 
January 18, 2018. The EPA is also converting our earlier conditional 
approval of the

[[Page 31205]]

minor NSR Preconstruction Permitting Program to full approval. We are 
taking this action in accordance with the Clean Air Act (CAA, the Act) 
requirements.

DATES: This rule is effective on July 31, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0176. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 https://www.regulations.gov or 
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270.

FOR FURTHER INFORMATION CONTACT: Ms. Kyndall Cox, EPA Region 6 Office, 
Air Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 214-
665-8567, cox.kyndall@epa.gov. To inspect the hard copy materials, 
please schedule an appointment with Ms. Kyndall Cox or Mr. Bill Deese 
at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our April 
24, 2019 proposed approval (84 FR 17129). In that document we proposed 
to approve the revisions to the City of Albuquerque-Bernalillo County 
minor NSR preconstruction permitting program submitted on January 18, 
2018 and to convert the conditional approval of the minor NSR 
permitting program to a full approval. The proposal addressed the 
County's submittal regarding accelerated permitting procedures, 
technical permit revisions, and conflict of interest and we found the 
submitted revisions to be consistent with the required elements of 
minor NSR programs at 40 CFR 51.160-51.164. We did not receive any 
comments regarding our proposal.

II. Final Action

    We are approving revisions to the City of Albuquerque-Bernalillo 
County minor NSR permitting program submitted on January 18, 2018. The 
revisions were adopted and submitted in accordance with the 
requirements of the CAA and federal regulations regarding SIP 
development at 40 CFR part 51. Additionally, we have determined that 
the submitted revisions to the City of Albuquerque-Bernalillo County 
minor NSR program are consistent with federal regulations at 40 CFR 
51.160-51.164 and the associated policy and guidance. Therefore, under 
section 110 of the Act, the EPA approves into the New Mexico SIP for 
the City of Albuquerque-Bernalillo County the following revisions 
adopted November 8, 2017, and submitted to the EPA on January 18, 2018:
     20.11.41.13 NMAC, Application for Permit;
     20.11.41.14 NMAC, Public Notice by Department--Public 
Participation;
     20.11.41.15 NMAC, Public Information Hearing (PIH);
     20.11.41.28 NMAC, Administrative and Technical Permit 
Revisions; and
     20.11.41.32 NMAC, Accelerated Review of Application.
    We are also approving the following definitions since they are 
consistent with federal requirements for minor NSR permitting. 
Specifically, the EPA is approving the definition of ``conflict of 
interest'' at 20.11.41.7.J NMAC, the definition of ``technical permit 
revision or technical revision'' at 20.11.41.7.RR NMAC; as well as, the 
references to ``technical permit revisions'' in the definition of 
``permit'' at 20.11.41.7.EE NMAC. Because of our final approval of the 
January 18, 2018, submitted revisions, we are converting our prior 
conditional approval of the City of Albuquerque-Bernalillo County minor 
NSR permitting program to a full approval. This action is being taken 
under section 110 of the Act.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the New Mexico regulations as described in the Final 
Action section above. The EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and at 
the EPA Region 6 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated in the next update to the SIP 
compilation.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

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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 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).
    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 August 30, 2019. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.1620, in paragraph (c), the second table, titled ``EPA 
Approved Albuquerque/Bernalillo County, NM Regulations,'' is amended by 
revising the entry for Part 41 (20.11.41 NMAC) ``Authority to 
Construct'' to read as follows:


Sec.  52.1620  Identification of plan.

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    (c) * * *

                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
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                                                        State approval/
          State citation              Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
Part 41 (20.11.41 NMAC)..........  Authority to             11/08/2017  7/1/2019, [Insert    ...................
                                    Construct.                           Federal Register
                                                                         citation].
 
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[FR Doc. 2019-13765 Filed 6-28-19; 8:45 am]
 BILLING CODE 6560-50-P


