Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 68447 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–28119 Filed 11–5–10; 8:45 am] 

BILLING CODE 7710–12–P 

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. 

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); 


jlentini on DSKJ8SOYB1PROD with RULES
68448 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 

• 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. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart GG—New Mexico 

■ 2. The second table in § 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: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 

EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the New Mexico SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/effective date EPA approval date Explanation 

*******

Interstate transport for the 

1997 ozone and PM2.5

NAAQS.

Bernalillo County ..................... 07/30/07 11/08/10 [insert FR page number where the document begins].11/08/10 Approval for revisions to prohibit significant 

contribution to nonattainment in any other state. 

[FR Doc. 2010–28003 Filed 11–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 86, 1033, 1039, 1042, 

1045, 1054, and 1065 

[EPA–HQ–OAR–2010–0142; FRL–9220–6] 

RIN 2060–AO69 

Revisions to In-Use Testing for HeavyDuty Diesel Engines and Vehicles; 

Emissions Measurement and 

Instrumentation; Not-to-Exceed 

Emission Standards; and Technical 

Amendments for Off-Highway Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on several revisions to EPA’s 

mobile source emission programs 

standards and test procedures. EPA 

believes that each of these is minor and 

non-controversial in nature. Most of the 

changes arise from the results of the 

collaborative test program and related 

technical work we conducted for the 

highway heavy-duty diesel in-use 

testing program. Most noteworthy here 

is the adoption of a particulate matter 

measurement allowance for use with 

portable emission measurement 

systems. Related to this are two 

provisions to align the in-use program 

timing requirements with completion of 

the program as required in current 

regulations and the incorporation of 

revisions to a few technical 

requirements in the testing regulations 

based on information learned in this 

and one other test program. Finally, the 

DFR modifies a few transitional 

flexibilities for locomotive, recreational 

marine, and Tier 4 nonroad engines and 

incorporates a handful of minor 

corrections. 

DATES: This is effective on January 7, 

2011 without further notice, unless EPA 

receives adverse comment by December 

8, 2010 on any amendment, paragraph, 

or section of this rule. If EPA receives 

adverse comment on this rule or any 

discrete amendment, paragraph, or 

section of this rule, we will publish a 

timely withdrawal of the Direct Final 

Rule, or the amendment, paragraph, or 

section of the direct final rule that 

received adverse comment, in the 

Federal Register informing the public 

that the rule, or that amendment, 

paragraph, or section of the rule, will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 


jlentini on DSKJ8SOYB1PROD with RULES