Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26189 

PART 52—APPROVAL AND 

PROMULGATION OF IMPLEMENTAION 

PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. Section 52.21 is amended by 

revising paragraphs (w)(2) and (3) to 

read as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(w) * * * 

(2) Any owner or operator of a 

stationary source or modification who 

holds a permit for the source or 

modification may request that the 

Administrator rescind the permit or a 

particular portion of the permit if the 

permit for the source or modification 

was issued: 

(i) Under § 52.21 as in effect on July 

30, 1987 or any earlier version of this 

section; 

(ii) Under § 52.21 between July 1, 

2011 and July 6, 2015 to a source that 

was classified as a major stationary 

source under paragraph (b)(1) of this 

section solely on the basis of potential 

emissions of greenhouse gases, which 

were defined as a regulated NSR 

pollutant through the application of 

paragraph (b)(49)(v)(a) of this section as 

in effect during this time period; or 

(iii) Under § 52.21 between July 1, 

2011 and July 6, 2015 for a modification 

that was classified as a major 

modification under paragraph (b)(2) 

solely on the basis of an increase in 

emissions of greenhouse gases, which 

were defined as a regulated NSR 

pollutant through the application of 

paragraph (b)(49)(v)(b) of this section as 

in effect during this time period. 

(3) The Administrator shall grant an 

application for rescission if the 

application shows that this section 

would not apply to the source or 

modification. As a result of a decision 

of the United States Supreme Court, this 

section does not apply to sources or 

modifications that meet only the 

applicability criteria in paragraph 

(b)(49)(v) of this section. 

* * * * * 

[FR Doc. 2015–10628 Filed 5–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0636; FRL–9927–24– 

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 (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving under the 

Federal Clean Air Act (CAA) 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. 

DATES: This rule is effective on June 8, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2008–0636. 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 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733. 

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. 

I. Background 

The background for today’s action is 

discussed in detail in our February 2, 

2015 direct final rule and proposal (80 

FR 5471). The rule and proposal stated 

that if any relevant adverse comments 

were received by the end of the public 

comment period on March 4, 2015, the 

direct final rule would be withdrawn 

and we would respond to the comments 

in a subsequent final action. A relevant 

adverse comment was received during 

the comment period, and the direct final 

rule was withdrawn on March 26, 2015 

(80 FR 15901). Our February 2, 2015 

proposal provides the basis for today’s 

final action. The SIP revisions proposed 

for approval 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. 

II. Response to Comments 

We received one comment letter dated 

February 20, 2015, from the Sierra Club, 

regarding our direct final rule. 

Comment: ‘‘Acting regional 

administrator Sam Coleman cannot sign 

approvals, disapprovals, or any 

combination of approvals or 

disapproval, in whole or in part, due to 

the fact that agency actions on state 

implementation plans are required to be 

signed by the regional administrator, 

Ron Curry, not the current deputy 

regional administrator as stated in the 

agency’s delegations manual. The 

manual specifically states that SIP 

actions can’t be redelegated from the 

regional administrator.’’ 

Response: As the Acting Regional 

Administrator, Deputy Regional 

Administrator Sam Coleman had 

authority to sign the proposal and direct 

final action on this State 

Implementation Plan. On January 15, 

2015, the day that the proposal and 

direct final action were signed, Sam 

Coleman was acting in the capacity of 

the Regional Administrator for Ron 

Curry, who was absent from Region 6 at 

the time. The following language is 

listed in the Region 6 Deputy Regional 

Administrator’s position description ‘‘In 

the absence of the Regional 

Administrator, the Deputy Regional 

Administrator will perform the duties of 

the Regional Administrator.’’ A copy of 

the Deputy Regional Administrator’s 

position description is included in the 

docket for this rulemaking. Further, EPA 

Region 6 Order 1110.11 establishes a 

line of succession to perform the duties 

of the Regional Administrator should 

the Regional Administrator be absent 

from the office. The Deputy Regional 

Administrator is the first person listed 

on that line of succession. A copy of 

EPA Region 6 Order 1110.11 is included 

in the docket for this rulemaking. 

The heads of administrative agencies 

are statutorily vested with the authority 

to delegate authorities to subordinate 

officials, 5 U.S.C. 302. Federal Courts 

have held that rules, including internal 


wreier-aviles on DSK5TPTVN1PROD with RULES
26190 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 

1There 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. 

delegations and appointments of 

authority are effective regardless of 

publication in the Federal Register or 

the Code of Federal Regulations. The 

EPA Delegations Manual, more 

specifically Chapter 1–21, provides that 

the EPA Regional Administrators are 

delegated the authority, in relevant part, 

to sign and submit proposed State 

Implementation Plans, including 

revisions and compliance schedules. 

Chapter 1–21 of the EPA Delegations 

Manual specifically allows the 

redelegation of these authorities to the 

Deputies of the Regional 

Administrators. A copy of Chapter 1–21 

of the EPA Delegations Manual is 

included in the docket for this 

rulemaking. 

The comment only challenged the 

Deputy Regional Administrator’s 

authority to sign the Direct Final Action. 

EPA received no other comments or 

challenges as to the substance of the 

proposal or direct final. Therefore, we 

are finalizing our action to approve this 

SIP amendment. 

III. Final Action 

Pursuant to section 110 of the Act, 

EPA is approving five revisions to the 

New Mexico SIP that were submitted on 

May 6, 2008, November 6, 2009,1

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. 

IV. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.4, we are finalizing the 

incorporation by reference of the 

revisions to the Albuquerque/Bernalillo 

County regulations as described in the 

Final Action of this rule. We have made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulation.gov and/or in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 6, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 27, 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 § 52.162(c), the second table 

titled ‘‘EPA Approved Albuquerque/

Bernalillo County, NM Regulations’’ is 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26191 

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) to 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 5/7/2015 [Insert Federal Register citation].

* * * * * * * 

Part 47 (20.11.47 NMAC) ........ Emissions Inventory Requirements.10/18/2012 5/7/2015 [Insert Federal Register citation].

* * * * * * * 

[FR Doc. 2015–10481 Filed 5–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2014–0905; FRL 9927–16– 

OAR] 

RIN 2060–AS58 

Approval of Alabama’s Request To 

Relax the Federal Reid Vapor Pressure 

Gasoline Volatility Standard for 

Birmingham, Alabama 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a request from the 

state of Alabama for the EPA to relax the 

Reid Vapor Pressure (RVP) standard 

applicable to gasoline introduced into 

commerce from June 1 to September 15 

of each year for Jefferson and Shelby 

counties (‘‘the Birmingham area’’). 

Specifically, the EPA is approving 

amendments to the regulations to 

change the RVP standard for the 

Birmingham area from 7.8 pounds per 

square inch (psi) to 9.0 psi for gasoline. 

The EPA has determined that this 

change to the federal RVP regulation is 

consistent with the applicable 

provisions of the Clean Air Act (CAA). 

This action is being taken without prior 

proposal because the EPA believes that 

this rulemaking is noncontroversial for 

the reasons set forth in this preamble, 

and due to the limited scope of this 

action. 

DATES: This rule is effective on July 6, 

2015 without further notice unless the 

EPA receives adverse comment by June 

8, 2015. If the EPA receives such 

comments, the EPA will publish a 

timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2014–0905, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-Docket@epa.gov. 

• Mail: Air Docket, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave. NW., 

Washington, DC, 20460, Attention 

Docket ID No. EPA–HQ–OAR–2014– 

0905. Please include a total of two 

copies. 

• Hand Delivery: Air and Radiation 

Docket, EPA Docket Center, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20004. 

Attention Docket ID No. EPA–HQ– 

OAR–2014–0905. Please include two 

copies. Such deliveries are accepted 

only during the Docket’s normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2014– 

0905. 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 

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 that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The 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 

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 and with any 

disk or CD–ROM you submit. 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, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/

dockets.htm. 

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 other material, 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 


wreier-aviles on DSK5TPTVN1PROD with RULES