### ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-0AR-2006-0569; FRL- -'
Approval ofAir Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County

AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the Governor ofNew Mexico on May 24, 2006. The revisions address Title 20 ofthe New Mexico Administrative Code, Chapter 11, Part 102 (denoted 20.11.102 NMAC), which apply to oxygenated fuels in the Albuquerque/Bernalillo County area. The revisions include editorial and substantive changes that clarify the requirements under 20.11.102 NMAC. We are approving these revisions in accordance with the requirements ofsection 110ofthe Clean Air Act (the Act).

DATE: Written comments must be received on or before [Insert date 30 days from date of publication in the Federal Registerl. The Direct final rule will be effective [Insert date 60 days from date ofpublication in the Federal Register] without further notice unless EPA receives adverse comments by [Insert date 30 days from date ofpublication in the Federal Register]. Ifadverse comments are received, EPA will publish a timely withdrawal ofthe direct final rule in the Federal Register informing the public that the rule will not take effect.ADDRESSES: Submit comments, identified by Docket ID number EPA-R06-0AR-2006-0569, by one ofthe following methods:

· Federal Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions. · U.S. EPA Region 6 "ContactUs" web site: http://epa.gov/region6/r6coment.htm. Please click on "6PD" (Multimedia) and select "Air" before submitting comments.

· E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by email to the persons listed in the FORFURTHER INFORMATION CONTACT section below. · Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number 214-665- 7242. · Mail: MrGuy Donaldson.Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.

· Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of8:00 a.m. and 4:00 p.m. weekdays except legal holidays. Special arrangements shouldbe made for deliveries ofboxed information.

Instructions: Please include the text "Public comment on DocketID number EPA-R06-0AR2006-0569" in the subject line ofthe first page ofyour comments. 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
2comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure ofwhich is restrictedby statute. Do not submit information through www.regulations.gov or e-mail that you considerto be CBI or otherwise protected from disclosure. The www.reguIations.gov website is an "anonymous access" system, which means EPA will not know your identity or contact informationunless you provide it in the body ofyour comment. Ifyou send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the commentthat is placed in the public docket and made available on the Internet. Ifyou submit
an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit. IfEPA cannotread your comment due to technical difficulties and cannot contactyou for clarification, EPA may not be able to consideryour comment. Electronic files should avoid the use ofspecial characters, any form ofencryption, and be free ofany defects or viruses.

Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain othermaterial, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in 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 FOIA
3Review Room between the hours of8:30 a.m. and 4:30 p.m. weekdays except legal holidays. Contactthe person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an appointment. Ifpossible, please make the appointment at least two working days in advance ofyour visit. There will be a fee of 15 cents per page for making photocopies ofdocuments. On the day ofthe visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal is also available for public inspection (during official business hours by appointment) at the City ofAlbuquerque, Environmental Health Department, One Civic Plaza, Albuquerque, New Mexico 87102.

FOR FURTHER INFORMATION CONTACT: Inquiries on this rulemaking should be directed to Ms. Carrie Paige, AirPlanning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6521; fax number 214-665-7263; e-mail address paige.carrie@epa.govorMr. Bill Deese, Air Planning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7253; fax number 214-665-7263; e-mail address deese.william@epa.gov.

SUPPLEMENTARY INFORMATION: In this document, "we," "our," and "us" means EPA.

Outline
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### I. What Action is EPA Taking? II. Background III. Summary ofChanges to the New Mexico SIP IV. Final Action V. Statutory and Executive Order Reviews

I. 

### What Action is EPA Taking? Today we are approving revisions to the New Mexico SIP, submitted by the Governor of New Mexico on May 24, 2006. The revisions address 20.11.102 NMAC, which apply to the Oxygenated Fuels program in the Albuquerque/Bernalillo County area. The revisions include editorial and substantive changes that clarify the requirements under 20.11.102 NMAC; the deletion ofan obsolete procedures manual and references to it; and the addition oflanguage from the deleted procedures manual to address inventory, recordkeeping, sampling and analysis procedures, and enforcement. We are approving these revisions in accordance with the requirements ofsection 110 of the Act. EPA is publishing this rule withoutpriorproposal because we view this as a noncontroversial amendment and anticipate no relevant adverse comments. However, in the proposed rules section ofthis Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the SIPrevision ifrelevant adverse comments are received. This rule will be effective on [Insert date 60 days from date of publication in the Federal Register] without further notice unless we receive relevant adverse
5commentby [Insert date 30 days from date ofpublication in the Federal Register). Ifwe receive relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second commentperiod on this action. Any parties interested in commenting must do so now. Please note that ifwe receive adverse comment on an amendment, paragraph, or section ofthis rule and ifthat provision may be severed from the remainder ofthe rule, we may adopt as final those provisions ofthe rule that are not the subject ofan adverse comment.

II. Background The SIP is a set ofair pollutionregulations, control strategies, and technical analyses developed by the state to ensure that the state meets the National Ambient Air Quality Standards (NAAQS). These ambient standards are established under section 109 ofthe Act and they currently address six criteria pollutants: carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The SIP is required by Section 110 ofthe Act and can be extensive, containing state regulations or other enforceable documents and supporting information such as emissioninventories, monitoring networks, and modeling demonstrations. The Albuquerque/Bernalillo County area was designated as a moderate nonattainment area for carbon monoxide (CO) on November 6, 1991 (see 56 FR 56694). As a moderate nonattainment area for CO, the area had to meet several new requirements, one ofwhich was to implement an oxygenated fuels (oxyfuels) program, to reduce emissions ofCO in automobile
6exhaust. The Albuquerque/Bernalillo County area oxyfuels program was submitted by the state and subsequently approvedby EPA on November 29,1993 (58 FR 62535). On April 14, 1995, the Governor ofNew Mexico submitted a requestto EPA to redesignate to attainmentthe Albuquerque/Bernalillo County CO nonattainment area, which we approved on June 13, 1996 (61 FR 29970). On July 21,2005,1 we approvedrevisions to the New Mexico SIP pertaining to the second 10-year carbon monoxide (CO) maintenance plan for the Albuquerque/Bernalillo County area, including revisions to 20.11.102 NMAC, which address the oxyfuels program. The May 24, 2006 submittal incorporates additional revisions to 20.11.102 NMAC. The rules in this submittal were promulgated in compliance with the NM Air Quality Control Act and Albuquerque/Bernalillo County Air Quality Control Board (AQCB) ordinances, published in the New Mexico Register, the official state publication for rulemaking actions, and submitted in accordance with the requirements in 40 CFR Part 51. For more detail, see the 2006 submittal in the docket for this rulemaking and our Technical Support Document (TSD), also in the docket.

III. Summary ofChanges to the New Mexico SIP

A. 20.11.102.2, Scope. Revisions to this section include nonsubstantive revisions and the inclusion oflanguage that excepts Indian lands from the scope ofthe rule. This exception is appropriate as neither the

1 See 70 FR 41963

7City ofAlbuquerque nor Bernalillo County havejurisdiction over Indian lands.

B. 20.11.102.3, Statutory Authority. Revisions to this section include clarifying edits and corrections to references to state and county rules that provide authority to adoptrules. These revisions are not substantive and update statutory and regulatory authority provisions.

C. 20.11.102.7, Definitions. Revisions to this section include clarifying edits, inserting the correct formula for the molecular composition ofethanol, and removing a reference to the oxygenated fuels procedures manual. Two definitions were added: "Vehicle pollution management division" (VPMD) and "Winterpollution season." These revisions delete obsolete references, identify the department responsible for administering 20.11.102 NMAC, and identify the beginning and end dates for the annual winter pollution season.

D. 20.11.102.9, Savings Clause. Revisions to this section include clarifying edits and removing references to the oxygenated fuels procedures manual. These revisions delete obsolete references and are not substantive.

E. 20.11.102.10, Severability.
8Revisions to this section provide clarification and are not substantive.

F. 20.11.102.11, Documents. Revisions to this section provide clarification and are not substantive.

G. 20.11.102.12, Oxygenated Fuels. Revisions to this section include clarifying edits, identify the annual program duration as the winterpollution season, and delete areference to methyl tertiary butyl ether (MTBE) as an oxygenate approved for use in the oxygenated fuels program. The removal ofMTBE is not a weakening ofthe SIP, because the rule still specifies blending ethanol. This revision merely
removes one ofthe choices available to comply with the rule. Revisions to this section also add the headings ofinventory, recordkeeping, sampling, analysis, and enforcement, and delete redundanttext. The language inserted under each ofthese headings is taken from the old oxygenated fuels procedures manual; references to the procedures manual are being removed from the SIP in today's action. The 2006 revisions also add labeling providedby the VPMD, rather than the retail facility, which provides for a standardized and consistent labeling protocol. References to appropriate American Society for Testing and Materials (ASTM) methods are provided underthe heading for analysis. A range offines and schedule ofcorrective actions, including closure, is added under the heading for enforcement. The revisions to 20.11.102.12 NMAC provide more specificity to the rules, thus strengthen the SIP.

9H. 20.11.102.13, Oxygenated Fuels Procedures Manual. The 2006 revisions to 20.11.102.13 NMAC revoke the entire section. Language relevant to inventory, recordkeeping, sampling, analysis, and enforcementwas taken from the old procedures manual and inserted into the SIP; see paragraph (G) above. By deleting references to the procedures manual and incorporating the specific headings and textinto the SIP, the SIP becomes more comprehensive and straightforward.
1.20.11.102.14, Contingency Measure. The current SIP provides for an increase in the minimum oxygen content ofthe fuel, shouldthe area violate the CO NAAQS. The 2006 revisions delete this language and provide for an increase in the minimum oxygen content ofthe fuel, shouldthe area exceed 85 percent ofthe CO NAAQS. Shouldthe contingency measure be triggered, the oxygen content by weight will be increased from 2.7 percent to 3.0 percent. These revisions to 20.11.102.14 NMAC strengthen the SIP.

IV. Final Action We are approving revisions to the New Mexico SIP submittedto EPA on May 24, 2006, which address 20.11.102 NMAC and apply to oxygenated fuels in the Albuquerque/Bernalillo County area. The revisions include editorial and substantive changes that clarify and strengthen 20.11.102 NMAC, sections 2, 3, 7, and 9-14. The revisions are consistentwith the Act and EPA
10policy.



### V. Statutory and 

### Executive Order 

### Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submissionthat complies with the provisions ofthe Act and applicable Federal regulations. 42 U,S.C. 741O(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteriaofthe Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyondthose imposedby state law. For that reason, this action: • is not a "significantregulatory action" subjectto review by the Office ofManagement and Budgetunder Executive Order 12866 (58 FR 51735, October4, 1993); • does not impose an information collectionburden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number ofsmall 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 (Public Law 104- 4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

11• is not an economically significantregulatory 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 subjectto requirements ofSection 12(d) ofthe National Technology Transfer and AdvancementAct of 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with the CleanAir 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 preempttribal law. The Congressional Review Act,S U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit areport containing this action and otherrequired information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States priorto publication ofthe rule in the Federal Register. A majorrule cannottake effect until 60 days after
12it 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)(I) ofthe Clean Air Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuitby [FEDERAL REGISTER OFFICE: insert date 60 days from date 

### ofpublication ofthis document in the Federal Register]. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis action for the purposes of judicial review nor does it extendthe time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

List ofSubjects 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping requirements, Volatile Organic Compounds.

# JI5/~OI() Dated: Al Armendariz Regional Administrator, Region 6.
1340 CFRpart 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(c) entitled, "EPA Approved AlbuquerquelBernalillo County, NM Regulations," is amended by revising the entry for part 102 to read as follows: 

### § 52.1620 Identification ofplan.


## * * * * * (c) 

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* 

## * * * * * * EPA APPROVED ALBUQUERQUEIBERNALILLO COUNTY, NM REGULAnONS

State citation Title/subject State EPA approval date Explanation approval/effective Date


## * * * * * * *

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


## * * * * * * * Part 102 Oxygenated 12/11/2005 [Insert date ofFR (20.11.102 Fuels publication] NMAC) [Insert FR page number where document begins]


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