Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules 52003 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0648; FRL–9931–31– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Nonattainment New Source Review 

Permitting State Implementation Plan 

Revisions for the City of AlbuquerqueBernalillo County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the New Mexico State 

Implementation Plan (SIP) for the City 

of Albuquerque-Bernalillo County. 

These revisions provide updates to the 

City of Albuquerque-Bernalillo County 

major Nonattainment New Source 

Review (NNSR) permit program. The 

EPA is proposing this action under 

section 110 and part D of the Clean Air 

Act (CAA or the Act). 

DATES: Comments must be received on 

or before September 28, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2009–0648, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions. 

• Email: Ms. Erica Le Doux at 

ledoux.erica@epa.gov. 

• Mail or delivery: Ms. Erica Le Doux, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2009– 

0648. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Do not submit 

information through http://

www.regulations.gov or email, if you 

believe that it is CBI or otherwise 

protected from disclosure. The http://

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means that the 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 the EPA without 

going through http://

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, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment along with 

any disk or CD–ROM submitted. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters and any form of 

encryption and should be free of any 

defects or viruses. 

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: Ms. 

Erica Le Doux, (214) 665–7265, 

ledoux.erica@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Le Doux or Mr. 

Bill Deese at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. 

I. Background 

The Act at section 110(a)(2)(C) 

requires states to develop and submit to 

the EPA for approval into the state SIP, 

preconstruction review programs 

applicable to new and modified 

stationary sources of air pollutants for 

attainment and nonattainment areas that 

cover both major and minor new 

sources and modifications, collectively 

referred to as the NSR SIP. The CAA 

NSR SIP program is composed of three 

separate programs: Prevention of 

Significant Deterioration (PSD), NNSR, 

and Minor NSR. PSD is established in 

part C of title I of the CAA and applies 

in areas that are designated as meeting 

the National Ambient Air Quality 

Standards (NAAQS), i.e., ‘‘attainment 

areas’’, as well as areas designated as 

‘‘unclassifiable’’ because there is 

insufficient information to determine if 

the area meets the NAAQS. The NNSR 

SIP program is established in part D of 

title I of the CAA and applies in areas 

that are designated as not being in 

attainment of the NAAQS, i.e., 

‘‘nonattainment areas.’’ The Minor NSR 

SIP program addresses construction or 

modification activities that do not emit, 

or have the potential to emit, beyond 

certain major source thresholds and 

thus do not qualify as ‘‘major’’ and 

applies regardless of the designation of 

the area in which a source is located. 

The revisions to 20.11.60 NMAC 

submitted on August 16, 2010 and July 

26, 2013 were submitted as revisions to 

the City of Albuquerque-Bernalillo 

County NNSR permit program and will 

be evaluated against the requirements 

for NNSR programs at 40 CFR 51.160– 

51.165. 

A. August 16, 2010, Submittal 

On August 16, 2010, the Governor Bill 

Richardson submitted revisions to the 

New Mexico SIP that incorporated 

revisions to the NMAC for the City of 

Albuquerque-Bernalillo County. The 

August 16, 2010, submittal includes 

final revised regulation sections 1, 2, 6, 

7, 12 through 27 (including five new 

additional sections) in 20.11.60 NMAC, 

Permitting in Nonattainment Areas. The 

updates that were accepted by the 

Albuquerque-Bernalillo County Air 

Quality Control Board constitutes the 

integration of language that is consistent 

with federal NNSR permitting 

regulations. 

B. July 26, 2013, Submittal 

On July 26, 2013, the designee of the 

Governor, New Mexico Environment 

Department Cabinet Secretary, Ryan 

Flynn, submitted revisions to the SIP. 

This SIP submittal incorporated 

revisions to the NMAC for the City of 

Albuquerque-Bernalillo County. It 

includes final revised regulation 

sections 6, 7, 12, 13, and 15 in 20.11.60 

NMAC, Permitting in Nonattainment 

Areas. The updates that were accepted 

by the Albuquerque-Bernalillo County 

Air Quality Control Board constitutes 

the integration of language that is 

consistent with federal NNSR 

permitting regulations. 

C. What is not included in today’s 

proposed action? 

The EPA also received in the August 

16, 2010 submittal revisions to 

regulations within 20.11.61 NMAC— 

Prevention of Significant Deterioration 

(PSD) permitting program and 

Infrastructure SIP for Particulate Matter 

less than 2.5 Micrometers (PM2.5) and 

Ozone (O3). In the July 26, 2013 

submittals, revisions to regulations 

within 20.11.61 NMAC–PSD permitting 

program and 20.11.42 NMAC— 

Operating Permits were also included. 

The revisions to 20.11.61 NMAC were 

submitted as revisions to the New 


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52004 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules 

Mexico SIP. The 20.11.42 NMAC 

revisions were submitted as an update 

the title V program. As part of this 

review, EPA is taking action only on the 

submitted revisions to 20.11.60 NMAC. 

We are addressing the amended 

regulations in 20.11.61 NMAC as part of 

separate SIP action (See 80 FR 28901); 

for the revisions to 20.11.42 NMAC, it 

will be addressed separately in a later 

action to update the NM title V program. 

II. The EPA’s Evaluation 

The current SIP-approved version of 

20.11.60 NMAC, Permitting in 

Nonattainment Areas, was last approved 

by EPA on April 26, 2007, and became 

effective on May 29, 2007. See 72 FR 

20728. Substantive revisions to the City 

of Albuquerque-Bernalillo County 

NNSR program amend the existing state 

regulations to address the following 

federal NNSR requirements 

promulgated by the EPA: 

• Implementation of the NSR Program 

for PM2.5 (73 FR 28321); 

• PSD for PM2.5-Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC) (75 FR 64864); 

• Final Rule to Implement the 8-hour 

Ozone (O3) NAAQS-Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to NSR and 

PSD as They Apply to Carbon Monoxide 

(CO), PM and O3 NAAQS (70 FR 71612); 

• PSD and NNSR: Reasonable 

Possibility in Recordkeeping (72 FR 

72607); and 

• PSD and NNSR: Reconsideration of 

Inclusion of Fugitive Rule; Interim Rule; 

Stay and Revisions (76 FR 17548). 

Further, the amendments contained in 

the two submittals revise the rules to 

conform to the latest changes to New 

Mexico Air Code for the City of 

Albuquerque-Bernalillo County laws 

which must continue to meet minimum 

federal requirements and include 

grammatical and formatting corrections. 

In addition, more headings were added 

to provide clarity to the rules. 

The EPA’s evaluation of the revisions 

to the New Mexico SIP for the City of 

Albuquerque-Bernalillo County NNSR 

program included a line-by-line 

comparison in the TSD of the proposed 

revisions with the federal requirements. 

State and local permitting authorities 

may meet the requirements of 40 CFR 

part 51 with different but equivalent 

regulations. While some permitting 

authorities choose to incorporate by 

reference the applicable federal rules, 

other permitting authorities (such as the 

City of Albuquerque-Bernalillo County) 

choose to draft rules that track the 

federal language but contain differences. 

We found that in most cases, the state 

regulatory language is identical to the 

federal rule. Where the rules are not 

identical, they are at least consistent 

and support the federal rules and 

definitions. The EPA is therefore 

making a preliminary determination 

that the City of Albuquerque-Bernalillo 

County has adopted the necessary 

elements for the NNSR program to 

comply with the federal regulatory 

requirements for implementation of the 

PM2.5 and O3 NAAQS. 

III. Proposed Action 

We evaluated and are proposing to 

approve the revisions to 20.11.60 NMAC 

submitted for SIP inclusion on August 

16, 2010 and July 26, 2013. The EPA has 

made the preliminary determination 

that the revisions are approvable 

because the submitted rules are adopted 

and submitted in accordance with the 

CAA and are consistent with the EPA’s 

regulations for NNSR permitting at 40 

CFR 51.160–51.165. Therefore, under 

section 110 and part D of the Act, and 

for the reasons presented above and our 

accompanying TSD, the EPA proposes 

to fully approve the specific revisions to 

the New Mexico SIP for the City of 

Albuquerque-Bernalillo County as 

identified below. 

• Revisions to 20.11.60.1 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.2 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.6 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; and adopted on 

April 10, 2013 and submitted on July 

26, 2013 

• Revisions to 20.11.60.7 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; and adopted on 

April 10, 2013 and submitted on July 

26, 2013 

• Revisions to 20.11.60.12 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; and adopted on 

April 10, 2013 and submitted on July 

26, 2013 

• Revisions to 20.11.60.13 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; and adopted on 

April 10, 2013 and submitted on July 

26, 2013 

• New 20.11.60.14 NMAC as adopted 

on July 14, 2010 and submitted on 

August 16, 2010; 

• New 20.11.60.15 NMAC as adopted 

on July 14, 2010 and submitted on 

August 16, 2010; and adopted on April 

10, 2013 and submitted on July 26, 2013 

• New 20.11.60.16 NMAC as adopted 

on July 14, 2010 and submitted on 

August 16, 2010; 

• Revisions to 20.11.60.17 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.18 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• New 20.11.60.19 NMAC as adopted 

on July 14, 2010 and submitted on 

August 16, 2010; 

• New 11.60.20 NMAC as adopted on 

July 14, 2010 and submitted on August 

16, 2010; 

• Revisions to 20.11.60.21 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.22 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.23 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.24 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.25 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.26 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

• Revisions to 20.11.60.27 NMAC as 

adopted on July 14, 2010 and submitted 

on August 16, 2010; 

The EPA is proposing to find that the 

August 16, 2010 and July 26, 2013, 

submittals together addresses all 

required NNSR elements for the 

implementation of the 8-hour ozone 

NAAQS and the 1997 and 2006 PM2.5

NAAQS. We note that the City of 

Albuquerque-Bernalillo County NNSR 

program does not include regulation of 

VOCs and ammonia as PM2.5 precursors. 

However, section 189(e) of the Act 

requires regulation of PM2.5 precursors 

that significantly contribute to PM2.5

levels ‘‘which exceed the standard in 

the area’’ and PM2.5 levels in the City of 

Albuquerque-Bernalillo County do not 

currently exceed the standard. In the 

event that an area is designated 

nonattainment for the 2012 PM2.5

NAAQS or any other future PM2.5

NAAQS, New Mexico for the City of 

Albuquerque-Bernalillo County will 

have a deadline under section 189(a)(2) 

of the CAA to make a submission 

addressing the statutory requirements as 

to that area, including the requirements 

in section 189(e) that apply to the 

regulation of PM2.5 precursors. 

IV. Incorporation by Reference 

In this action, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 


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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules 52005 

revisions to the New Mexico State 

regulations for the City of AlbuquerqueBernalillo County as described in the 

Proposed 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. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

See, 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 

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); 

• 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

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

Dated: August 12, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–20898 Filed 8–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 150304214–5660–01] 

RIN 0648–BE94 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Framework Adjustment 4 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes management 

measures recommended by the New 

England Fishery Management Council 

in Framework Adjustment 4 to the 

Atlantic Herring Fishery Management 

Plan to further enhance catch 

monitoring and address discarding in 

the herring fishery. NMFS proposes 

measures that would clarify the slippage 

definition (i.e., discarding catch before 

it has been sampled by an observer), 

require limited access herring vessels to 

report slippage via the daily vessel 

monitoring system catch report, and 

require slippage consequence measures. 

NMFS also proposes management 

measures recommended by the Council 

in Framework 4 that would require 

volumetric estimates of total catch and 

fish holds to be empty of fish before 

vessels depart on a herring trip and 

seeks public comment on specific issues 

with these measures identified by 

NMFS. Lastly, NMFS proposes minor 

corrections to existing regulations. 

DATES: Public comments must be 

received by September 28, 2015. 

ADDRESSES: The New England Fishery 

Management Council developed an 

environmental assessment (EA) for this 

action that describes the proposed 

action and other considered alternatives 

and provides a thorough analysis of the 

impacts of the proposed measures and 

alternatives. Copies of the framework, 

the EA, and the Regulatory Impact 

Review (RIR)/Initial Regulatory 

Flexibility Analysis (IRFA), are 

available upon request from Thomas A. 

Nies, Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950. The 

EA/RIR/IRFA is accessible via the 

Internet at 

www.greateratlantic.fisheries.noaa.gov. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2015–0067, by any of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0067, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: John K. Bullard, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

the Herring Framework Adjustment 4 

Proposed Rule.’’ 

• Fax: (978) 281–9135, Attn: Carrie 

Nordeen. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 


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