Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 5471 

chemical substance identified 

generically as heterocyclic amine 

potassium salt (PMN P–14–544) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (j)(a significant 

new use is any use other than the 

confidential use stated in the PMN) and 

(s). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

■ 22. Add § 721.10811 to subpart E to 

read as follows: 

§ 721.10811 Heterocyclic amine 

substituted acrylamide (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as heterocyclic amine 

substituted acrylamide (PMN P–14–618) 

is subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90 (a)(4), (b)(4), and 

(c)(4) (N=23). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (k) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2015–01721 Filed 1–30–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0636; FRL–9922–25– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Albuquerque/Bernalillo 

County; Revisions to Emissions 

Inventory Requirements, and General 

Provisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Albuquerque/Bernalillo County, 

New Mexico State Implementation Plan 

(SIP). These revisions add definitions 

and clarifying changes to the general 

provisions and add a new emissions 

inventory regulation that establishes 

reporting requirements for stationary 

sources in Albuquerque/Bernalillo 

County. The EPA is approving these 

revisions pursuant to section 110 of the 

Clean Air Act (CAA). 

DATES: This rule will be effective on 

April 3, 2015 without further notice 

unless EPA receives relevant adverse 

comments by March 4, 2015. If EPA 

receives such comments, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2008–0636, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Mail or Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2008– 

0636. 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 comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means 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 EPA without going through 

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, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index 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). To inspect the hard 

copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser (6PD–L), Air Planning 

Section, telephone (214) 665–7128, 

email: walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background 

A. What is a SIP? 

B. What are Emissions Inventories? 

II. Overview of the State Submittals 

A. May 6, 2008 Submittal 

B. November 6, 2009 Submittals 

C. December 15, 2010 Submittal 

D. October 18, 2012 Submittal 

III. EPA’s Evaluation of the Submittals 

IV. Final Action 

V. Statutory and Executive Order Reviews 


wreier-aviles on DSK5TPTVN1PROD with RULES
5472 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 

1The previous revision to Title 20, Chapter 11, 

Part 1, General Provisions, was submitted to us for 

approval by the Governor of New Mexico, in a letter 

dated September 7, 2004, on behalf of the 

Albuquerque/Bernalillo County, Environmental— 

Health Department. The proposed Title 20, Chapter 

11, Part 1, General Provisions, contained three 

sections titled ‘‘Resolution,’’ ‘‘Definitions,’’ and 

Interpretation.’’ The EPA initially approved 

Regulation I (Resolution) of the Albuquerque/ 

Bernalillo County, New Mexico on 04/10/1980 (45 

FR 24468). See 40 CFR 52.1620(c)(11). The EPA 

initially approved Regulation 2 (Definitions) on 04/ 

10/1980 (45 FR 24468). Further revisions to 

Regulation 2 were later approved by EPA on 12/21/ 

93 (54 FR 67330). See 40 CFR 52.1620(c)(53). The 

EPA initially approved Regulation 26 

(Interpretation) on 02/23/1993 (58 FR 10972). See 

40 CFR 52.1620(c)(49). The proposed revisions to 

‘‘Resolution,’’ ‘‘Definitions,’’ and ‘‘Interpretation’’ 

reflect the new format and renumbering of the 

NMAC. The proposed revisions also reflect 

renaming of ‘‘Regulation’’ to ‘‘Part.’’ These changes 

were administrative in nature, and did not change 

the text of the SIP-approved rules. We published 

our approval of the recodification and renumbering 

of Chapter 11 on December 30, 2004 (69 FR 78312). 

2The submittal also included revisions that 

amended 20.11.61 NMAC Prevention of Significant 

Deterioration and 20.11.42 NMAC Operating 

Permits. EPA approved the PSD SIP revision 

portion of the submittal effective January 30, 2012. 

(See 76 FR 81836). 

3 20.11.42 NMAC, Operating Permits, 

encompasses the Title V operating permit program 

for facilities within Bernalillo County. The Title V 

program is a delegated program, approved in the 

Federal Register, and does not reside in the SIP. 

The Title V program was last approved by EPA on 

11/26/96, effective 1/27/97 (see 61 FR 60032– 

60034). A minor revision to correct the definition 

of ‘‘Major Source’’, was approved by EPA on 9/8/ 

04 (see 69 FR 54244–54247), effective 11/8/04. 

Proposed revisions to the Title V program in the 

I. Background 

A. What is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the National Ambient Air 

Quality Standards (NAAQS) established 

by EPA. The NAAQS are established 

under section 109 of the CAA and 

currently address six criteria pollutants: 

Carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. A SIP is a set of air 

pollution regulations, control strategies, 

other means or techniques, and 

technical analyses developed by the 

state, to ensure that air quality in the 

state meets the NAAQS. It is required by 

section 110 and other provisions of the 

CAA. A SIP protects air quality 

primarily by addressing air pollution at 

its point of origin. SIPs can be extensive, 

containing state regulations or other 

enforceable documents, and supporting 

information such as emissions 

inventories, monitoring networks, and 

modeling demonstrations. Each state 

must submit any SIP revision to EPA for 

approval and incorporation into the 

federally-enforceable SIP. 

The New Mexico SIP includes a 

variety of control strategies, including 

the regulations that outline general 

provisions applicable to Albuquerque/ 

Bernalillo County Air Quality Control 

Board (AQCB) regulations and 

emissions inventory requirements. 

B. What are Emissions Inventories? 

Emissions inventories are surveys of 

actual and/or allowable emissions of air 

pollutants in an area. They are critical 

for the efforts of state, local, and federal 

agencies to attain and maintain the 

NAAQS that EPA has established for 

criteria pollutants such as ozone, 

particulate matter, and carbon 

monoxide. EPA issued the consolidated 

emissions reporting rule on June 10, 

2002 (67 FR 39602). The rule can be 

found at 40 CFR part 51 Subpart A—Air 

Emissions Reporting Requirements. The 

rule consolidated the various emissions 

reporting requirements that already 

existed into one place in the CFR, 

established new reporting requirements 

related to particulate matter less than or 

equal to 2.5 microns (PM2.5) and 

regional haze, and established new 

requirements for the statewide reporting 

of area source and mobile source 

emissions. In 2008 EPA modified its 

requirements for collecting and 

reporting air emissions data by 

publishing the Air Emission Reporting 

Requirements in the Federal Register on 

December 17, 2008 (73 FR 76539). The 

requirements (1) provide options to the 

state and local air pollution control 

agencies responsible for reporting data, 

(2) shorten the timeline for reporting 

data, (3) eliminate the emissions 

reporting requirement for biogenic 

emissions, and (4) require state and 

local agencies to adopt the definition of 

a ‘‘point source’’ as specified under title 

V of the Clean Air Act. 

II. Overview of the State Submittals 

The revisions we are approving 

address Title 20, Chapter 11, Part 2 

General Provisions of the New Mexico 

Administrative Code (20.11.1 NMAC 

General Provisions) and Title 20, 

Chapter 11, Part 47 Emissions Inventory 

Requirements of the New Mexico 

Administrative Code (20.11.47 NMAC 

Emissions Inventory Requirements). 

These revisions apply to sources in 

Bernalillo County, excluding sources in 

Indian lands over which the AQCB 

lacks jurisdiction. We have prepared a 

Technical Support Document (TSD) for 

this action which details our evaluation. 

Our TSD may be accessed on-line at 

http://www.regulations.gov, Docket No. 

EPA–R06–OAR–2008–0636. 

A. The May 6, 2008 Submittal 

On May 6, 2008, New Mexico 

submitted a revision to the 

Albuquerque/Bernalillo County SIP. 

The revision established a new 

regulation, 20.11.47 NMAC, Emissions 

Inventory Requirements. The AQCB 

approved the new regulation on March 

12, 2008. The new regulation adds 

various sections, including a section on 

definitions (20.11.46.7 NMAC), 

emissions inventory and reporting 

requirements (20.11.47.14 NMAC) and 

greenhouse gas emissions inventory 

requirements (20.11.47.15 NMAC). 

B. The November 6, 2009 Submittals 

On November 6, 2009, New Mexico 

submitted a revision to the 

Albuquerque/Bernalillo County SIP. 

The AQCB adopted this revision on 

October 14, 2009. The proposed revision 

amends regulation 20.11.47 NMAC, 

Emissions Inventory Requirements. The 

submittal revises section (20.11.47.14 

NMAC) by adding subsection B(2), 

which further clarifies emission 

reporting requirements. Additional 

amendments include renumbering of 

the sections to account for the new 

subsection B(2), and minor amendments 

to 20.11.47.14 NMAC, subsections 

C(5)(f) and (D)(2), and 20.11.47.15 

NMAC, subsection (C) for further 

clarification. 

Also on November 6, 2009, New 

Mexico submitted a revision to the 

Albuquerque/Bernalillo County SIP 

amending Title 20, Chapter 11, Part 1, 

General Provisions.1 The proposed 

revision amends regulation 20.11.1 

NMAC, General Provisions, which 

applies to sources in Bernalillo county, 

excluding sources in Indian lands over 

which the AQCB lacks jurisdiction. The 

submittal amends sections 1, 2, 3, 5, 6, 

7, 9, 10, 11 and 14 of 20.11.1 NMAC to 

revise and update some definitions, 

including the definition of volatile 

organic compounds (VOCs), to be 

consistent with the federal definition 

found in 40 CFR part 51, subpart F— 

Procedural Requirements and 40 CFR 

51.100(s). Additional detail is presented 

in our TSD for this action. 

C. The December 15, 2010 Submittal 

On December 15, 2010, New Mexico 

submitted a revision to the 

Albuquerque/Bernalillo County SIP 

amending Title 20, Chapter 11, Part 1, 

General Provisions. The AQCB 

approved the revision on December 8, 

2010. The proposed revision amends 

regulation 20.11.1 NMAC, General 

Provisions.2 The submittal amends 

section 20.11.1.7 NMAC adding a 

definition of greenhouse gases, 

modifying the definition of air 

contaminant, and renumbering the 

definitions accordingly.3


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 5473 

form of amendments to 20.11.42 NMAC, were 

submitted to EPA on 7/22/09, and are pending 

approval under Title V of the CAA. Therefore, since 

revisions to Operating Permits are not part of the 

SIP, EPA is not taking action on that portion of the 

submittal. Today’s action is only addressing the 

revision to 20.11.1 General Provisions. 

D. The October 18, 2012 Submittal 

On October 18, 2009, New Mexico 

submitted a revision to the 

Albuquerque/Bernalillo County SIP. 

The proposed revision amends 

regulation 20.11.47 NMAC, Emissions 

Inventory Requirements. The AQCB 

adopted the revision on October 10, 

2012. The submittal revises sections 6, 

7, 14 and 15 of 20.11.47 NMAC further 

clarifying various definitions, including 

the definition of regulated air 

contaminant, deletes the greenhouse gas 

emissions inventory requirements from 

section 15, and reserves the section for 

future revisions (20.11.47.15 NMAC). 

Therefore, the GHG emission inventory 

requirements that were part of the May 

6, 2008 submittal discussed in Section 

II(A) above are no longer in front of us 

for action. 

III. EPA’s Evaluation of the Submittals 

The revisions to be approved address 

Title 20, Chapter 11, Sections 1 and 47 

of the NMAC. We have prepared a TSD 

for this proposal which details our 

evaluation. Our TSD may be accessed 

on-line at http://www.regulations.gov, 

Docket No. EPA–R06–OAR–2008–0696. 

Our primary consideration for 

determining the approvability of the 

New Mexico submittals is whether these 

proposed actions comply with section 

110(l) of the Act and 40 CFR part 51, 

subpart A—Air Emissions Reporting 

Requirements. Section 110(l) of the Act 

provides that a SIP revision must be 

adopted by a State after reasonable 

notice and public hearing. Additionally, 

CAA § 110(l) states that the EPA cannot 

approve a SIP revision if that revision 

would interfere with any applicable 

requirement regarding attainment, 

reasonable further progress (RFP) or any 

requirement established in the CAA. 

Additionally, approvability of these 

proposed actions are also based upon 

EPA’s requirements for emissions 

inventories, and collecting and 

reporting air emissions data found in 40 

CFR, part 51, Subpart A—Air Emission 

Reporting Requirements. 

Our evaluation of the submittals 

found that the SIP revisions were 

adopted by the State after reasonable 

notice, a public comment period, a 

corresponding public hearing, and that 

approval of the revisions would not 

interfere with any CAA requirement and 

are approvable. 

A. The May 6, 2008 Submittal 

The AQCB adopted a new regulation 

20.11.47 NMAC Emissions Inventory 

Requirements on March 12, 2008. The 

submittal dated May 6, 2008 revises the 

New Mexico SIP to include this new 

regulation, which applies to 

Albuquerque/Bernalillo County. 

The regulation include sections that 

define the scope, duration, effective date 

and objective of the regulation, which is 

to establish requirements both for 

submitting inventories of air 

contaminants to ensure that the 

regulations and standards under the Air 

Quality Control Act and the CAA will 

not be violated, and to require 

submission of data to quantify 

greenhouse gas emissions in 

Albuquerque/Bernalillo County. 

Additionally, the new regulation 

includes a section of definitions. 

Definitions in the submittal include 

definitions for actual emissions, 

commencement, modification, potential 

to emit, shutdown, stationary source, 

and western backstop sulfur dioxide 

trading program. These definitions have 

been SIP-approved in previous EPA 

actions and are consistent with the 

CAA. For example the term ‘‘western 

backstop sulfur dioxide trading 

programs’’ (20.11.46.7(NN) NMAC) was 

defined and approved in a previous 

action on November 29, 2012 (see 77 FR 

71119). These 20.11.47 NMAC revisions 

are mostly ministerial in nature and/or 

add clarification. 

Additionally, the new subsection 

20.11.47.14(C)—Content of Emissions 

Reports NMAC, outlines the information 

required for emission reports, and states 

that emission report contents shall 

include all information required by 40 

CFR part 51, subpart A—Emissions 

Inventory Reporting Requirements. 

More information on the details of the 

new regulation is found in the TSD, 

which is provided in the docket for this 

rulemaking. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA section 110(l). We find that 

these revisions are approvable because 

they add specificity to the program. 

Further, these revisions do not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement, are consistent with EPA’s 

rules and requirements in 40 CFR, part 

51, Subpart A, and do not result in 

emissions increases. The 2012 submittal 

removed from EPA consideration 

20.11.47.15 NMAC; Albuquerque/ 

Bernalillo County already reports 

greenhouse gas emissions pursuant to 

40 CFR part 98, Mandatory Greenhouse 

Gas Reporting. There is no requirement 

for reporting of non-NAAQS pollutants 

to be included in the SIP. There is no 

federal requirement that greenhouse gas 

emissions inventory requirements be 

part of the New Mexico SIP. 

B. The November 6, 2009 Submittals 

The November 6, 2009 submittal 

revises section 20.11.47.14 NMAC by 

adding subsection B(2) which further 

clarifies emission reporting 

requirements and indicates that a source 

is not required to submit an emissions 

report more frequently than annually. 

Additional amendments include 

renumbering of the section to account 

for the new subsection B(2) and minor 

amendments (20.11.47.14 NMAC, 

subsections C(5)(f) and (D)(2)), and 

20.11.47.15 NMAC, subsection (C) 

stating that estimates of greenhouse 

emission need to be in pounds per year 

for further clarification. EPA is 

approving these revisions as they are 

non-substantial in nature. As previously 

noted, the 20.11.47.15 NMAC is no 

longer before EPA for SIP action. 

Also on November 6, 2009, the New 

Mexico submittal revises 20.11.1 NMAC 

General Provisions. The submittal 

amends sections 1, 2, 3, 5, 6, 7, 9, 10, 

and 11 of 20.11.1 NMAC to revise and 

update definitions (section 20.1.7 

NMAC), including the definition of 

volatile organic compounds (VOCs), to 

be consistent with the federal definition 

found in 40 CFR part 51, subpart F— 

Procedural Requirements and 40 CFR 

51.100(s). Section 20.11.1.14 NMAC 

Interpretation is removed, because it 

was included in the rule in error when 

the rule was last amended by the AQCB 

in 2004, is duplicative and resides in 

the rule that addresses ambient air 

quality standards (20.11.8.14 NMAC 

Ambient Air Quality Standards, 

Interpretation). EPA is approving these 

revisions since they are consistent with 

federal requirements and/or nonsubstantial in nature. Additional 

information regarding these revisions is 

available in the TSD, which is provided 

in the docket for this rulemaking. 

C. The December 15, 2010 Submittal 

On December 15, 2010 AQCB adopted 

revisions to 20.11.1 NMAC, General 

Provisions, and 20.11.61 NMAC, 

Prevention of Significant Deterioration. 

EPA took action on the revisions to 

20.11.61 NMAC, Prevention of 

Significant Deterioration in a previous 

rulemaking, but decided not to act on 

20.11.1 NMAC at that time. In today’s 

action, EPA is taking action on the 

revisions to 20.11.1 NMAC, General 

Provisions from the December 15, 2010 

submittal. The AQCB adopted revisions 


wreier-aviles on DSK5TPTVN1PROD with RULES
5474 Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 

4New Mexico Register, Volume XXIII, Number 

20, October 30, 2012. 

5As discussed in this notice, there are two SIP 

submittals that were submitted on the same date, 

November 6, 2009—one revising 20.11.1 NMAC and 

one revising 20.11.47 NMAC. 

to 20.11.1 NMAC, Section 7, 

Definitions. The revisions update 

Section 7 by adding a definition for 

Greenhouse gases or ‘‘GHGs’’ in 

20.11.1.7(CC). The definition is 

consistent with the federal definition of 

GHGs. Additionally, the revisions 

include other non-substantive changes 

such as renumbering the definitions for 

clarity. Further, these revisions do not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement and are 

consistent with section 110 of the CAA. 

EPA is approving these revisions to 

20.11.1 NMAC, General Provisions. 

D. The October 18, 2012 Submittal 

The October 18, 2012 submittal 

revises the SIP for Albuquerque/ 

Bernalillo County. The submittal revises 

sections 6, 7, 14 and 15 of 20.11.47 

NMAC further clarifying various 

definitions including the definition of 

regulated air contaminant, deletes the 

greenhouse gas emissions inventory 

requirements from section 15, and 

reserves the section for future revisions 

(20.11.47.15 NMAC). The deletion of 

section 15 is not a relaxation of the SIP, 

since there is a no requirement for nonNAAQS pollutants (i.e., GHGs) to have 

SIP-approved reporting requirements. 

Albuquerque/Bernalillo County 

continues to report estimates of 

NAAQS-related emissions pursuant to 

EPA’s requirements for emissions 

inventories found in 40 CFR, part 51, 

Subpart A and greenhouse gases 

pursuant to 40 CFR, part 98 ‘‘Mandatory 

Greenhouse Gas Reporting’’ (see 74 FR 

56260, effective December 29, 2009). 

Additionally, revisions to 20.11.47 

NMAC also include deletions/or 

updates of definitions of pollutants 

associated with greenhouse gases such 

as perfluorocarbons, sulfur 

hexafluoride, the climate registry, 

nitrous oxide, and other definitions, 

such as regulated pollutant 

(20.11.47.7(W) NMAC), and 

renumbering for clarification. 

This submittal was adopted consistent 

with the public notice SIP requirements 

of CAA section 110(l),4 and the 

revisions in this submittal do not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement. We find that 

these revisions are approvable, because 

they either clarify the emissions 

inventory requirements and/or are nonsubstantive in nature. 

IV. Final Action 

Pursuant to section 110 of the Act, 

EPA is approving through a direct final 

action, five revisions to the New Mexico 

SIP that were submitted on May 6, 2008, 

November 6, 2009,5 December 15, 2010 

and October 18, 2012. We evaluated the 

state’s submittals and determined that 

they meet the applicable requirements 

of the CAA section 110 and applicable 

EPA guidance. In accordance with CAA 

section 110(l), these revisions will not 

interfere with attainment of the NAAQS, 

reasonable further progress, or any other 

applicable requirement of the CAA. 

EPA is publishing this rule without 

prior proposal because we view these as 

non-controversial amendments and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on April 3, 2015 without 

further notice unless we receive relevant 

adverse comments by March 4, 2015. If 

we receive relevant adverse comments, 

we will publish a timely withdrawal of 

this direct final rulemaking in the 

Federal Register informing the public 

that the direct final 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 comment period on 

this action. Any parties interested in 

commenting must do so now. Please 

note that if we receive adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. 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 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 rule 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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 21 / Monday, February 2, 2015 / Rules and Regulations 5475 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 3, 2015. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this rule 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, 

Nitrogen dioxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: January 15, 2015. 

Samuel Coleman, 

Acting 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, paragraph (c), the 

second table titled ‘‘EPA Approved 

Albuquerque/Bernalillo County, NM 

Regulations’’ is amended by revising the 

entry for Part 1 (20.11.1 NMAC) and 

adding in sequential order an entry for 

Part 47 (20.11.47 NMAC). 

The amendments read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject State approval/ 

submittal date EPA approval date Explanation 

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

Control Board 

Part 1 (20.11.1 NMAC) .............. General Provisions ..................... 12/15/2010 2/2/2015 [Insert Federal Register citation]...............................

* * * * * * * 

Part 47 (20.11.47 NMAC) .......... Emissions Inventory Requirements.10/18/2012 2/2/2015 [Insert Federal Register citation]...............................

* * * * * * * 

* * * * * 

[FR Doc. 2015–01792 Filed 1–30–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 61, and 63 

[EPA–R06–OAR–2007–0488; FRL–9921–77– 

Region 6] 

New Source Performance Standards 

and National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to New Mexico 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule; delegation of 

authority. 

SUMMARY: The New Mexico 

Environment Department (NMED) has 

submitted updated regulations for 

receiving delegation of the 

Environmental Protection Agency (EPA) 

authority for implementation and 

enforcement of New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

for all sources (both part 70 and nonpart 70 sources). The delegation of 

authority under this action does not 

apply to sources located in Bernalillo 

County, New Mexico, or sources located 

in Indian Country. EPA is providing 

notice that it has approved delegation of 

certain NSPS to NMED, and taking 

direct final action to approve the 

delegation of certain NESHAPs to 

NMED. 

DATES: This rule is effective on April 3, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

March 4, 2015. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the updated 

NESHAPs delegation will not take 

effect; however, the NSPS delegation 

will not be affected by such action. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2007–0488, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Mr. Rick Barrett at 

barrett.richard@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Mail or delivery: Mr. Rick Barrett, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2007–0488. 

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 

whose disclosure 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 EPA will not know your identity 

or contact information unless you 


wreier-aviles on DSK5TPTVN1PROD with RULES