Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 52401 

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[FR Doc. 2015–21426 Filed 8–28–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0616; FRL–9931–35– 

Region–6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP) 

for Albuquerque-Bernalillo County; 

Prevention of Significant Deterioration 

(PSD) Permitting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving two 

revisions to the New Mexico State 

Implementation Plan (SIP) to update the 

Albuquerque-Bernalillo County 

Prevention of Significant Deterioration 

(PSD) SIP permitting program consistent 

with federal requirements. New Mexico 

submitted the Albuquerque-Bernalillo 

County PSD SIP permitting revisions on 

July 26, 2013, and June 11, 2015, which 

includes a request for parallel 

processing of the submitted 2015 

revisions. These submittals 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. The EPA finds that these 

revisions to the New Mexico SIP meet 

the Federal Clean Air Act (the Act or 

CAA) and EPA regulations, and are 

consistent with EPA policies. We are 

taking this action under section 110 and 

part C of title I of the Act. The EPA is 

not approving these rules within the 

exterior boundaries of a reservation or 

other areas within any Tribal Nation’s 

jurisdiction. 

DATES: This final rule is effective on 

September 30, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0616. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Mohr, 214–665–7289, 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for today’s action is 

discussed in detail in our May 20, 2015 

proposal (80 FR 28901). In that notice, 

we proposed to approve portions of SIP 

submittals for the State of New Mexico 

submitted on July 26, 2013, and March 

4, 2015, that contained revisions to the 

Albuquerque-Bernalillo County PSD 

program. The March 4, 2015 submittal 

included a request for parallel 

processing of the submitted 2015 

revisions, meaning that the EPA 

proposed approval of a rule that was not 

yet finalized at the local level. Our May 

20, 2015 proposed approval and 

accompanying Technical Support 

Document (TSD) provided the EPA’s 

evaluation of the March 4, 2015 

revisions to the New Mexico SIP. We 

preliminarily determined that the 

revisions were consistent with the CAA 

and the EPA’s regulations and guidance. 

As such, we proposed approval of the 

SIP revisions contained in the March 4, 

2015 submittal. 

Under the EPA’s ‘‘parallel processing’’ 

procedure, the EPA proposes a 

rulemaking action on proposed SIP 

revisions concurrently with the State or 

Local Agency’s public review process. If 

the proposed SIP revision is not 

significantly or substantively changed, 

the EPA will finalize the rulemaking on 

the SIP revision as proposed after 

responding to any submitted comments. 

Final rulemaking action by the EPA will 

occur only after the final SIP revision 

has been fully adopted by the State or 

Local Agency and submitted formally to 

the EPA for approval as a SIP revision. 

See 40 CFR part 51, Appendix V. 

The City of Albuquerque-Bernalillo 

County completed their rulemaking 

process, and the Albuquerque-Bernalillo 

County Air Quality Control Board 

adopted revisions to the PSD program 

on April 30, 2015. These adopted 

changes were submitted as a revision to 

the New Mexico SIP on June 11, 2015. 

The EPA has evaluated the final SIP 

revision submittal for any changes made 

from the time of proposal. See 

‘‘Addendum to the TSD’’ for EPA–R06– 

OAR–2013–0616, available in the 

rulemaking docket. Our evaluation 

indicates that adopted changes to the 

Albuquerque-Bernalillo County PSD 

program are the same as the revisions 

that we proposed to approve; and 

therefore, do not alter our rationale 

presented in the May 20, 2015 proposed 

approval. As such, the EPA is 

proceeding with our final approval of 

the revisions to the New Mexico SIP, 

consistent with the parallel processing 

provisions in 40 CFR part 51, Appendix 

V. 

This action to approve the 

aforementioned revisions to the New 

Mexico SIP is being taken under section 

110 of the Act. We did not receive any 

comments regarding our proposal. 

II. Final Action 

The EPA is approving revisions to the 

Albuquerque-Bernalillo County PSD 

program that were submitted by New 

Mexico as a SIP revision on July 26, 

2013, and June 11, 2015. We are 

approving the portions of the July 26, 

2013, and June 11, 2015 submittals that 

revised the following sections under 

20.11.61: 

• 20.11.61.2 NMAC—Scope, 

• 20.11.61.5 NMAC—Effective Date, 

• 20.11.61.6 NMAC—Objective, 

• 20.11.61.7 NMAC—Definitions, 

• 20.11.61.10 NMAC—Documents, 

• 20.11.61.11 NMAC—Applicability, 

• 20.11.61.12 NMAC—Obligations of 

Owners or Operators of Sources, 

• 20.11.61.14 NMAC—Control 

Technology Review and Innovative 

Control Technology, 

• 20.11.61.15 NMAC—Ambient 

Impact Requirements, 

• 20.11.61.18 NMAC—Air Quality 

Analysis and Monitoring Requirements, 

• 20.11.61.20 NMAC—Actuals 

Plantwide Applicability Limits (PALs), 

• 20.11.61.23 NMAC—Exclusions 

from Increment Consumption, 

• 20.11.61.24 NMAC—Sources 

Impacting Federal Class I Areas— 

Additional Requirements, 

• 20.11.61.27 NMAC—Table 2— 

Significant Emission Rates, 

• 20.11.61.29 NMAC—Table 4— 

Allowable PSD Increments, and 

• 20.11.61.30 NMAC—Table 5— 

Maximum Allowable Increases for Class 

I Variances. 

The EPA has determined that these 

revisions to the New Mexico SIP’s 

Albuquerque-Bernalillo County PSD 

program are approvable because the 

submitted rules are adopted and 

submitted in accordance with the CAA 


rmajette on DSK7SPTVN1PROD with RULES
52402 Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 

and are consistent with the EPA 

regulations regarding PSD permitting. 

The EPA is taking this action under 

section 110 and part C of the Act. 

The EPA is severing from our final 

approval action the revisions to 20.11.60 

NMAC submitted on July 26, 2013, 

which are revisions to the AlbuquerqueBernalillo County NNSR Program and 

will be addressed in a separate action. 

III. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the New Mexico regulations 

as described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

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, the 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 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 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, 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 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 October 30, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed 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: August 17, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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. In § 52.1620(c) the second table 

titled ‘‘EPA Approved Albuquerque/

Bernalillo County, NM Regulations’’ is 

amended by revising the entry for ‘‘Part 

61 (20.11.61)’’ to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject 

State approval/effective date 

EPA approval date Explanation 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality 

Control Board 


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Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations 52403 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued 

State citation Title/subject 

State approval/effective date 

EPA approval date Explanation 

*******

Part 61 (20.11.61 NMAC) ............ Prevention of Significant Deterioration.5/29/2015 8/31/2015 [Insert Federal Register citation].

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[FR Doc. 2015–21015 Filed 8–28–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0531; FRL–9932–26] 

Dimethomorph; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes, 

and removes tolerances for residues of 

dimethomorph in or on multiple 

commodities which are identified and 

discussed later in this document. BASF 

Corporation requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). EPA is 

correcting the CAS name of 

dimethomorph in 40 CFR 180.493(a), 40 

CFR 180.493(c), and 40 CFR 180.493(d). 

DATES: This regulation is effective 

August 31, 2015. Objections and 

requests for hearings must be received 

on or before October 30, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0531, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0531 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before October 30, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0531, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at 

http://www.epa.gov/dockets. 

II. Summary of Petitioned-for Tolerance 

In the Federal Register of December 

17, 2014 (79 FR 75107) (FRL–9918–90), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 4F8281) by BASF 

Corporation, P.O. Box 13528, Research 

Triangle Park, North Carolina, 27709. 

The petition requested that 40 CFR 

180.493 be amended by establishing 

tolerances for residues of the fungicide, 

dimethomorph in or on strawberry at 

1.0 parts per million (ppm) and 

removing the established tolerances for 


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