Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules 68385 

Pennsylvania’s Clean Vehicles Program; 

and to specify a transition mechanism to 

the California LEV provisions. 

Pennsylvania has adopted California’s 

LEV II program by incorporating by 

reference portions of the California LEV 

II regulations (i.e., Title 13 California 

Code of Regulations, Division 3, 

Chapters 1 and 2) into the Pennsylvania 

Code. 

Pennsylvania submitted a SIP revision 

to EPA requesting that EPA approve 

Pennsylvania’s Clean Vehicle Program 

regulations as part of the Pennsylvania 

SIP. EPA’s approval would make the 

program Federally enforceable through 

the SIP. 

II. Proposed EPA Action 

EPA is proposing to approve the 

Pennsylvania Clean Vehicle Program 

SIP revision, which was submitted on 

May 31, 2007. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

III. 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. 

42 U.S.C. 7410(k); 40 CFR section 

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 proposed 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, this proposed rule to 

approve the Pennsylvania Clean Vehicle 

Program as part of the Pennsylvania SIP 

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 preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: October 25, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–28653 Filed 11–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0154; FRL–9487–1] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County; Fees 

for Permits and Administrative Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing an approval 

of revisions which repeal and replace 

existing rules, and revisions to the 

applicable State Implementation Plan 

(SIP) for New Mexico Albuquerque/ 

Bernalillo County, which relate to fee 

requirement regulations. The repeal and 

replace and SIP revisions proposed 

today would address section 110(a)(2) 

Clean Air Act (the Act or CAA) 

requirements related to fees for, in part, 

reviewing and acting on specific permit 

applications received by the City of 

Albuquerque/Bernalillo County 

Environmental Health Department (EHD 

or Department); fees to partially offset 

the administrative cost of permit-related 

administrative hearings; funding for 

small business stationary sources; and 

fees to cover administrative expenses 

incurred by the Department in 

implementing the New Mexico Air 

Quality Control Act, the joint Air 

Quality Control Board (AQCB) 

ordinances, and the Albuquerque/ 

Bernalillo County AQCB regulations of 

the New Mexico Statutes Annotated 

(NMSA) 1978. EPA finds that these 

rules and revisions comply with 

applicable provisions of the CAA and is 

proposing to approve them into the SIP. 

This action is being proposed under 

section 110 of the Act. 

DATES: Comments must be received on 

or before December 5, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2007–0154 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• Email: Ms. Ashley Mohr at 

mohr.ashley@epa.gov. 

• Fax: Ms. Ashley Mohr, Air Permits 

Section (6PD–R), at fax number (214) 

665–6762. 

• Mail: Ashley Mohr, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

• Hand or Courier Delivery: Ashley 

Mohr, Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Such deliveries are 

accepted only between the hours of 8 

a.m. and 4 p.m. weekdays except for 

legal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2007– 

0154. 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 


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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 http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means that 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 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, 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. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

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 Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The New Mexico submittals are also 

available for public inspection at the 

County Air Agency listed below during 

official business hours by appointment: 

Air Quality Division, Environmental 

Health Department, 3rd Floor, Suite 

3023, One Civic Plaza NW., 

Albuquerque, New Mexico. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7289; fax number (214) 665– 

6762; email address 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document the 

following terms have the meanings 

described below: 

• ‘‘We’’, ‘‘us’’ and ‘‘our’’ refer to EPA. 

• ‘‘Act’’ and ‘‘CAA’’ mean the Clean 

Air Act. 

• ‘‘40 CFR’’ means Title 40 of the 

Code of Federal Regulations—Protection 

of the Environment. 

• ‘‘SIP’’ means the State 

Implementation Plan established under 

section 110 of the Act. 

• ‘‘NSR’’ means new source review. 

• ‘‘TSD’’ means the Technical 

Support Document for this action. 

• ‘‘NAAQS’’ means any national 

ambient air quality standard established 

under 40 CFR part 50. 

Table of Contents 

I. The State’s Submittals 

A. What action is EPA proposing? 

B. Which rules did the state submit? 

1. May 24, 2011 Submittal of the 2001 

Repeal and Replace Revisions 

2. September 7, 2004 SIP Revision 

Submittal 

3. February 2, 2007 SIP Revision Submittal 

4. December 15, 2010 SIP Revision 

Submittal 

II. EPA’s Evaluation 

A. What are the requirements for EPA’s 

review of a fees SIP submittal? 

B. Do the submitted repeal and replace 

revisions and subsequent SIP revisions 

meet the CAA requirements? 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittals 

A. What action is EPA proposing? 

This notice provides a summary of 

our evaluation of the Governor of New 

Mexico’s submissions regarding Part 2 

fees for the Albuquerque/Bernalillo 

County, New Mexico State 

Implementation Plan (SIP). The 

Albuquerque/Bernalillo County AQCB 

is the federally delegated air quality 

authority for Albuquerque and 

Bernalillo County. The Albuquerque/ 

Bernalillo County AQCB is authorized 

to administer and enforce the CAA and 

the New Mexico Air Quality Control 

Act, and to require local air pollution 

sources to comply with air quality 

standards. The Albuquerque/Bernalillo 

County AQCB is responsible for the 

portion of the New Mexico SIP that 

applies in Bernalillo County, which 

encompasses the City of Albuquerque. 

We provide the reasoning comprising 

our evaluation in general terms in this 

proposed rulemaking but provide a 

more detailed evaluation and analysis in 

the Technical Support Document (TSD) 

that has been prepared for this proposed 

rulemaking. We are proposing to 

approve the repeal and replace rule 

submitted on May 24, 2011, and SIP 

revisions submitted by the Governor of 

New Mexico to EPA on September 4, 

2004, February 2, 2007, and December 

10, 2010. We have evaluated these SIP 

submissions for consistency with 

applicable provisions of section 

110(a)(2) of the CAA relating to fees. We 

have also reviewed the submitted rules 

and revisions for legal sufficiency 

pursuant to section 110(l) of the CAA. 

In the course of this review, we 

identified that on April 10, 1980, EPA 

approved revisions to Section 21, Fees 

into the Albuquerque/Bernalillo County, 

New Mexico SIP (45 FR 24468). Since 

EPA’s approval, the Governor of New 

Mexico had not previously submitted 

any revisions to this Section for EPA 

review and approval, although the 

Section was eventually repealed and 

replaced by the Albuquerque/Bernalillo 

County AQCB effective July 1, 2001. 

The repeal and replace rule was 

submitted to EPA on May 24, 2011 

(hereafter referred to as ‘‘2001 repeal 

and replace’’) as a historical rule 

amendment and repeals and replaces 

the corresponding previously approved 

April 10, 1980 SIP for fees. 

The 2001 repeal and replace was 

recodified and adopted into 

Albuquerque/Bernalillo County rules 

three times: first to Chapter 74, Article 

2, Part 2, Fees under the Albuquerque/ 

Bernalillo County AQCB regulations, 

and recodified again to 20 NMAC 11.02, 

Permit Fees of the New Mexico 

Administrative Code (hereinafter 

20.11.2 NMAC) before being submitted 

for EPA review and approval as 

recodified 20.11.2 NMAC, Permit Fees 

on May 24, 2011. New Mexico 

submitted to EPA for review revisions to 

20.11.2 NMAC on September 7, 2004 

and February 2, 2007, and another 

submittal of revisions on December 15, 

2010. The September 7, 2004, February 

2, 2007, and December 15, 2010 rule 

revisions have been determined to be 

significantly different from the EPA 

approved April 10, 1980 SIP revisions, 

as these previously approved revisions 

reference only fees associated with 

specific construction activities under 

minor new source review (NSR) 

permitting. Therefore, a direct 

comparison to the approved 


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Albuquerque/Bernalillo County, New 

Mexico SIP is impractical, and the 

technical review of the May 24, 2011 

submittal of the 2001 repeal and replace 

will be used as the baseline SIP for 

evaluation of the September 7, 2004, 

February 2, 2007, and December 15, 

2010 revisions. 

A technical analysis of the May 24, 

2011 submittal of the 2001 repeal and 

replace, and the September 7, 2004, 

February 2, 2007, December 15, 2010 

SIP rule revisions has found that the 

baseline repeal and replace rule, and the 

revisions to this rule are consistent with 

applicable provisions of section 

110(a)(2) of the CAA. Therefore, EPA is 

proposing an approval of the fees SIP 

rules submitted on May 24, 2011, 

September 7, 2004, February 2, 2007, 

and December 15, 2010. 

B. Which rules did the state submit? 

1. May 24, 2011 Submittal of the 2001 

Repeal and Replace Revisions 

The Governor of New Mexico 

submitted on May 24, 2011 a 2001 

repeal and replace of all previous 

versions of Section 21 and part 2 fees, 

including the prior 1980 EPA approved 

SIP relating to fees under the 

Albuquerque/Bernalillo County AQCB 

regulations. This submittal includes the 

following changes: 

• Repeal and replace of the following 

sections: 20.11.2.1 NMAC, Issuing 

Agency; 20.11.2.2 NMAC, Scope; 

20.11.2.3 NMAC, Statutory Authority; 

20.11.2.4 NMAC, Duration; 20.11.2.5 

NMAC, Effective Date; 20.11.2.6 NMAC, 

Objective; 20.11.2.7 NMAC, Definitions; 

20.11.2.8 NMAC, Savings Clause; 

20.11.2.9 NMAC, Severability; 

20.11.2.10 NMAC, Documents; 

20.11.2.11 NMAC, General Provisions; 

20.11.2.12 NMAC Authority-toConstruct Permit Fees, Fee Calculations 

and Procedures; 20.11.2.13 NMAC, 

Annual Emission Fees, Fee Calculations 

and Procedures; 20.11.2.15 NMAC, 

Filing and Inspection Fees for Surface 

Disturbance Permits; Fee Calculations 

and Procedures; NMAC 20.11.2.16 

NMAC, Fee Errors, Corrections and 

Refunds; 20.11.2.17 NMAC, Failure to 

Pay; 20.11.2.18 NMAC, Fee Schedule. 

2. September 7, 2004 SIP Revision 

Submittal 

The Governor of New Mexico 

submitted a revision on September 7, 

2004 to 20.11.2 NMAC, Fees under the 

Albuquerque/Bernalillo County AQCB 

regulations. This submittal includes the 

following changes: 

• Revisions to the following sections: 

20.11.2.2 NMAC, Scope; 20.11.2.3 

NMAC, Statutory Authority; 20.11.2.6 

NMAC, Objective; 20.11.2.7 NMAC, 

Definitions; 20.11.2.9 NMAC, 

Severability; 20.11.2.10 NMAC, 

Documents; 20.11.2.11 NMAC, General 

Provisions; 20.11.2.12 NMAC Authorityto-Construct Permit Fees, Fee 

Calculations and Procedures; 20.11.2.13 

NMAC, Annual Emission Fees, Fee 

Calculations and Procedures; 20.11.2.15 

NMAC, Filing and Inspection Fees for 

Surface Disturbance Permits; NMAC 

20.11.2.16 NMAC, Fee Errors, 

Corrections and Refunds; 20.11.2.17 

NMAC, Failure to Pay; 20.11.2.18 

NMAC, Fee Schedule. 

3. February 2, 2007 SIP Revision 

Submittal 

The Governor of New Mexico 

submitted a revision to 20.11.2 NMAC, 

Fees on February 2, 2007 under the 

Albuquerque/Bernalillo County AQCB 

regulations. This submittal includes the 

following changes: 

• Revisions to the following sections: 

20.11.2.6 NMAC, Objective; 20.11.2.18 

NMAC, Fee Schedule. 

4. December 15, 2010 SIP Revision 

Submittal 

The Governor of New Mexico 

submitted to EPA revisions on 

December 15, 2010 to sections of Part 2 

Fees under the Albuquerque/Bernalillo 

County AQCB regulations. This 

submittal includes the following 

changes: 

• Additions of the following sections: 

20.11.2.19 NMAC, Application Review 

Fees for Modification of Existing 

Permits; 20.11.2.20 NMAC, 

Administrative and Technical Revision 

Application Fees, Portable Stationary 

Source Relocation Fees; 20.11.2.21 

NMAC, Annual Emission Fees and 

Rates for Stationary Sources; 20.11.2.22 

NMAC, Miscellaneous Fees, 

Administrative Fees, Variance Request 

Fees, Board Hearing Filing Fees. 

• Revisions to the following sections: 

20.11.2.1 NMAC, Issuing Agency; 

20.11.2.2 NMAC, Scope; 20.11.2.3 

NMAC, Statutory Authority; 20.11.2.6 

NMAC, Objective; 20.11.2.7 NMAC, 

Definitions; 20.11.2.8 NMAC, Savings 

Clause; 20.11.2.9 NMAC, Severability; 

20.11.2.10 NMAC, Documents; 

20.11.2.11 NMAC, General Provisions; 

20.11.2.12 NMAC Authority-toConstruct Permit Fees, Fee Calculations 

and Procedures; 20.11.2.13 NMAC, 

Annual Emission Fees, Fee Calculations 

and Procedures; 20.11.2.15 NMAC, 

Filing and Inspection Fees for Surface 

Disturbance Permits; Fee Calculations 

and Procedures; NMAC 20.11.2.16 

NMAC, Fee Errors, Corrections and 

Refunds; 20.11.2.17 NMAC, Failure to 

Pay; 20.11.2.18 NMAC, Fee Schedule; 

Table 1 summarizes the changes that 

are in the 2001 repeal and replace 

submitted May 24, 2011, and the three 

SIP revisions submitted September 7, 

2004, February 2, 2007, and December 

15, 2010. A summary of EPA’s 

evaluation of each section and the basis 

for this proposal is discussed in section 

II of this preamble. The Technical 

Support Document (TSD) includes a 

detailed evaluation of the referenced SIP 

submittals. 

TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION

Section Title Submittal dates Description of change Proposed action 

20.11.2 NMAC—Fees 

Issuing Agency 

20.11.2.1 NMAC ............... Issuing Agency ......................... 5/24/2011 Repeal and replace: Contact information for issuing agency.Approval. 

12/15/2010 Revised section to update contact information for issuing 

agency.

Approval. 


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TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued 

Section Title Submittal dates Description of change Proposed action 

Scope 

20.11.2.2 NMAC ............... Scope ........................................ 5/24/2011 Repeal and replace: Scope of 

rule applicability, exemption, 

and variance.

Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsection 

(A). 1

9/7/2004 

12/15/2010 

Revised applicability to persons 

consistent with specific fee 

updates.

Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsection 

(A). 

Statutory Authority 

20.11.2.3 NMAC ............... Statutory Authority .................... 5/14/2011 Repeal and replace: Fees provisions adopted pursuant to 

state statutory authority.

Approval. 

9/7/2004 

12/15/2010 

Revised section to include recodification and additional 

references to statutory authority.

Approval. 

Duration 

20.11.2.4 NMAC ............... Duration .................................... 5/24/2011 Repeal and replace: Rules to 

be of permanent duration.

Approval. 

Effective Date 

20.11.2.5 NMAC ............... Effective Date ........................... 5/24/2011 Repeal and replace: Rules to 

be effective July 1, 2001.

Approval. 

Objective 

20.11.2.6 NMAC ............... Objective ................................... 5/24/2011 Repeal and replace: Establishes objectives for fees 

rules.

Approval. 

9/7/2004 

2/2/2007 

12/15/2010 

Revises section to remove and 

add objectives consistent 

with specific fee updates.

Approval. 

Definitions 

20.11.2.7 NMAC ............... Definitions ................................. 5/24/2011 Repeal and Replace: Provides 

definitions for the following 

as used in the fees rules: 

‘‘Allowable Emission Rate’’, 

‘‘Emissions Unit’’. ‘‘Fee Pollutant’’, ‘‘Fugitive Emissions’’. 

‘‘Major Source’’, ‘‘Potential to 

Emit’’ or ‘‘PTE’’, ‘‘Qualified 

Small Business’’, ‘‘Regulated 

Air Pollutant’’, ‘‘Stationary 

Source with De Minimis 

Emissions’’.

Approval. 

9/7/2004 Section revised to include recodification and other non 

substantive changes. Definitions added:‘‘High Impact 

Source’’, ‘‘Low impact 

Source’’, ‘‘Moderate impact 

Source’’, ‘‘No Impact 

Source’’, ‘‘Efficiency Control 

Factor’’.

Approval. 


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TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued 

Section Title Submittal dates Description of change Proposed action 

12/15/2010 Section revised to update definitions, correct references, 

and remove definitions no 

longer needed. Definitions 

added: ‘‘Administrative Revision’’, ‘‘Consumer price index 

all urban consumers’’ or 

’’CPI–U’’, ‘‘Proposed Allowable Emission Rate’’, ‘‘Technical Permit Revision’’, ‘‘Submittal’’.

Approval. 

Savings Clause 

20.11.2.8 NMAC ............... Savings Clause ......................... 5/24/2011 Repeal and replace: Any 

amendment to fees rules 

shall not affect actions pending for a violation.

Approval. 

12/15/2010 Section revised non-substantively.Approval. 

Severability 

20.11.2.9 NMAC ............... Severability ............................... 5/24/2011 Repeal and replace: Unconstitutional and invalidated portions of the fees rules will not 

invalidate remaining provisions.

Approval. 

9/7/2004 

12/15/2010 

Section revised non-substantively.Approval. 

Documents 

20.11.2.10 NMAC ............. Documents ................................ 5/24/2011 Repeal and replace: Documents cited and incorporated 

may be viewed at physical 

location.

Approval. 

9/7/2004 

12/15/2010 

Section revised non-substantively.Approval. 

General Provisions 

20.11.2.11 NMAC ............. General Provisions ................... 5/24/2011 Repeal and replace: General 

provisions for payment of 

fees with certain permit or 

source document submittals.

Approval. 

9/7/2004 Section revised non-substantively.Approval. 

12/15/2010 Section revised non-substantively.Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsection 

(B). 

Authority-To-Construct Permit Fees; Fee Calculations and Procedures 

20.11.2.12 NMAC ............. Authority-to-Construct Permit 

Fees; Fee Calculations and 

Procedures.

5/24/2011 Repeal and replace: Fee provisions, calculations, and procedures for minor and area 

source permits, pre-construction permits, permit modifications.

Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsection 

(B). 


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TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued 

Section Title Submittal dates Description of change Proposed action 

9/7/2004 Section revised non-substantively.Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsection 

(B). 

12/15/2010 Section revised to add reference to source registration 

in addition to permits, and to 

base fee amounts on allowable emission rates instead 

of PTE. Other revisions to 

update section consistent 

with updates to other subsections of the rule.

Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsection 

(B). 

Annual Emission Fees; Fee Calculations and Procedures 

20.11.2.13 NMAC ............. Annual Emission Fees; Fee 

Calculations and Procedures.

5/24/2011 Repeal and replace: Annual 

emission fees, calculations, 

and procedures for sources, 

including permit modifications.

Approval. 

9/7/2004 Section revised non-substantively.Approval. 

12/15/2010 Section revised regarding 

owner/operator challenge or 

correction request of annual 

fee amounts, addition of 

methodology for fugitive dust 

control permits, revised annual emission fees to be 

based on allowable emission 

rate rather than PTE, and revised to require annual emission rated be updated each 

year based on the consumer 

price index.

Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsections 

(A) and (B). 

Filing and Inspection Fees for Surface Disturbance Permits; Fee Calculations and Procedures 

20.11.2.15 NMAC ............. Filing and inspection Fees for 

Surface Disturbance Permits; 

Fee Calculations and Procedures.

5/24/2011 Repeal and replace: Filing and 

inspection fee requirements 

for fugitive dust control permits.

Approval. 

9/7/2004 

12/15/2010 

Section revised to add specific 

filing and review fee 

amounts, change flat fee to 

tiered fee schedule based on 

acreage, add and update calculation methodology used to 

calculate non-programmatic 

dust control permit inspection 

fees, require fugitive dust 

rates be updated yearly 

based on the consumer price 

index, and require fugitive 

dust control construction permit fees for certain demolition 

activities.

Approval. 

Fee Errors, Corrections and Refunds 

20.11.2.16 NMAC ............. Fee Errors, Corrections and 

Refunds.

5/24/2011 Repeal and replace: Procedure 

and process for review of 

fees due at time of application; procedure for persons 

requesting correction or challenging invoiced fees.

Approval. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules 68391 

TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued 

Section Title Submittal dates Description of change Proposed action 

9/7/2004 Revised section to exclude section’s applicability to fugitive 

dust control permits.

Approval. 

12/15/2010 Revises section for review of 

correction request and various procedure aspects, 

makes fee for fugitive dust 

control construct permit application non-refundable.

Approval. 

Failure To Pay 

20.11.2.17 NMAC ............. Failure to Pay ........................... 5/24/2011 Repeal and replace: Violation 

and penalty for failure to pay 

fees, and stating invoice incorrect not a defense.

Approval. 

9/7/2004 Section revised non-substantively.Approval. 

12/15/2010 Section revised to include reference to appeal procedures 

for incorrect-fee challenges.

Approval. 

Fee Schedule 

20.11.2.18 NMAC ............. Fee Schedule ........................... 5/24/2011 Repeal and replace: Fee 

schedule for annual emission 

fees, review fees, permit 

modification fees, and administrative fees.

Approval. 

9/7/2004 

12/15/2010 

Section revised to delete fees 

other than review fees consistent with updates in other 

sections of the rule, include a 

general review fee, require 

application review fee rates 

be updated each year based 

on the consumer price index, 

increase fees for each tier in 

fee schedule, and change 

emission rates basis from 

PTE to allowable emission 

rates.

Approval. 

Application Review Fees for Modification of Existing Permits 

20.11.2.19 NMAC ............. Application Review Fees for 

Modification of Existing Permits.

12/15/2010 New section specifying application review fees for modifications to an existing stationary 

source.

Approval. 

Administrative and Technical Revision Application Fees; Portable Stationary Source Relocation Fees 

20.11.2.20 NMAC ............. Administrative and Technical 

Revision Application Fees; 

Portable Stationary Source 

Relocation Fees.

12/15/2010 New section specifying administrative and technical revision fees for modifications to 

an existing permit, and specifies portables stationary 

source relocation fees for 

modifications to an existing 

permit.

Approval. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
68392 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules 

TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued 

Section Title Submittal dates Description of change Proposed action 

Annual Emissions Fees and Rates for Stationary Sources 

20.11.2.21 NMAC ............. Annual Emissions Fees and 

Rates for Stationary Sources.

12/15/2010 New section specifying fees for 

annual emission source registrations, annual emission 

fees for permitted sources, 

and annual emission fees for 

emergency generators and 

gasoline service and fleet 

stations.

Approval; No Action on 

references to Operating Permits (20.11.42 

NMAC) in subsection 

(B). 

Miscellaneous Fees—Administrative Fees; Variance Request Fees; Board Hearing Filing Fees 

20.11.2.22 ......................... Miscellaneous Fees—Administrative Fees; Variance Request Fees; Board Hearing 

Filing Fees.

12/15/2010 New section specifying administrative fees, variance request fees, and board hearing filing fees.Approval. 

1The 2001 repeal and replace submitted May 24, 2011, and the September 7, 2004, February 2, 2007, and December 15, 2010 Fees SIP

submittals reference Operating Permits (20.11.42 NMAC) related to the Title V program. The Title V program is subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. CAA Section 110(a)(2) falls under Title I of the CAA. Any evaluation of the Title 

V program and related fees must be done pursuant to CAA section 502 through 507 and 40 CFR part 70 and we are not evaluating the fees provisions related to the Title V program as part of this action regarding the SIP. The scope of this action is limited to determining whether the City 

of Albuquerque/Bernalillo County AQCB fees SIP submittals meet the fees requirements of CAA 110(a)(2). Refer to the TSD for additional information regarding the specific portions of subsections relating to Title V we are not taking action on in this rulemaking. 

II. EPA’s Evaluation 

A. What are the requirements for EPA’s 

review of a fees SIP submittal? 

The Albuquerque/Bernalillo County 

AQCB adopted and the Governor of 

New Mexico submitted the 2001 repeal 

and replace and the September 7, 2004, 

February 2, 2007, and December 15, 

2010, SIP revisions pursuant to the 

applicable provisions of section 

110(a)(2) of the CAA related to fees. 

These federal requirements include 

permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit. In addition to 

the applicable fee related requirements 

of section 110(a)(2), EPA’s evaluation 

must consider section 110(l) of the CAA. 

Section 110(l) of the CAA states that 

EPA shall not approve a revision of the 

SIP if it would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable 

requirement of the Act. 

B. Do the submitted repeal and replace 

revisions and subsequent SIP revisions 

meet the CAA requirements? 

Based on EPA’s evaluation of the 2001 

repeal and replace and the September 7, 

2004, February 2, 2007, and December 

15, 2010 revisions, we propose to find 

these submitted rules and revisions 

meet the applicable fee related 

requirements of section 110(a)(2) of the 

CAA. These rules and revisions are 

summarized in Table 1 of this proposed 

rulemaking, and are analyzed with more 

detail in the TSD. The rules and 

revisions contained within the Governor 

of New Mexico’s submittals demonstrate 

compliance with section 110(a)(2) of the 

Act. For example, the Albuquerque/ 

Bernalillo County EHD assesses fees 

when an owner or operator applies for 

an air permit, air permit renewal, or air 

permit amendment. Additionally, 

annual fees are assessed for sources 

with existing source registrations or 

permits. These fees are used to cover the 

permit review and permit issuance 

costs. The Department also assesses fees 

to partially offset the administrative cost 

of variance procedures and permitrelated administrative hearings before 

the board; assesses fees to implement 

the requirements of Section 507 of the 

Clean Air Act by establishing adequate 

funding for small business stationary 

source technical and environmental 

compliance assistance program; and 

assesses fees to cover administrative 

expenses incurred by the Department in 

implementing and enforcing the 

provisions of the NMAC, the joint air 

quality control board ordinances, and 

the Albuquerque/Bernalillo County 

AQCB regulations. The fees assessed by 

the Department under 20.11.2 NMAC 

are also necessary to adequately 

implement the Parts 20, 41, 60, and 61 

permitting programs for fugitive dust 

control and new construction and 

modifications to NSR/PSD in attainment 

and non-attainment areas. Furthermore, 

the revision to subpart 20.11.2.18 

NMAC, specifically paragraph K, 

establishes replacement of a $1,000 fee 

for filing fees for hearings with a lower 

flat fee of $125, including an option for 

the Department to lower that fee due to 

economic burden on the petitioner. 

Reduction of this kind of fee encourages 

more public involvement, meeting 

federal requirements for hearing 

processes. These examples, and the fee 

rules and revisions further described 

and evaluated in this proposal and TSD, 

evince a basis for EPA’s proposed 

approval that the submittals meet the 

requirements of 110(a)(2). 

The fee assessment provisions in 

20.11.2 NMAC and submitted to EPA 

are a portion of the regulatory scheme 

regulating the Albuquerque/Bernalillo 

County New Source Review Permitting 

Program, and provide for permitting fees 

to cover the cost of reviewing, 

approving, implementing, and enforcing 

a permit under the Permitting Program. 

EPA has previously reviewed the 

Albuquerque/Bernalillo County AQCB 

regulations for the Nonattainment New 

Source Review Program, Prevention of 

Significant Deterioration Permitting, 

and Minor NSR program, and has 

approved these programs as being 

consistent with the federal 

requirements. EPA approved revisions 

to the Nonattainment New Source 

Review Program and to the Prevention 

of Significant Deterioration Program on 

April 26, 2007 (72 FR 20728). EPA 

approved substantive revisions to the 

Minor NSR program on March 16, 1994 

(59 FR 12172). Based on our evaluation 

of these fee assessment rules and 

revisions both described in this notice 

and TSD, EPA finds they meet the fee 

related requirements of section 110(a)(2) 

to in part cover costs for these 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Proposed Rules 68393 

previously approved programs, and 

proposes to approve the rules and 

revisions as explained in Table 1. 

Our evaluation of the 2001 repeal and 

replace and the September 7, 2004, 

February 2, 2007, and December 15, 

2010 revisions also demonstrates 

compliance with section 110(l) of the 

CAA, and further provides basis for 

proposal of approval of these rules and 

revisions. Pursuant to section 110(l) of 

the CAA, the 2001 repeal and replace 

provides for a broader breadth, 

application, and stringency of 

requirements related to fees than the 

previously approved April 10, 1980 SIP. 

Based on EPA’s evaluation of these fee 

assessment provisions submitted, EPA 

proposes to find the submitted repeal 

and replace of, and revisions to, 20.11.2 

NMAC establishing fee requirements for 

permits is consistent with section 

110(a)(2) of the CAA. 

III. Proposed Action 

EPA is proposing an approval of the 

2001 repeal and replace SIP revisions 

submitted by New Mexico on May 24, 

2011, and SIP revisions submitted on 

September 7, 2004, February 2, 2007, 

and December 15, 2010 pursuant to 

section 110(a)(2) requirements of the 

CAA relating to fees. EPA is proposing 

these actions in accordance with section 

110 of the Act. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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 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, 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 preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: October 27, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–28635 Filed 11–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–FHC–2011–0046; 

94310–1337–0000–D2] 

RIN 1018–AX51 

Endangered and Threatened Wildlife 

and Plants; Termination of the 

Southern Sea Otter Translocation 

Program; Revised Draft Supplemental 

Environmental Impact Statement on 

the Translocation of Southern Sea 

Otters 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; notice of 

availability and reopening of public 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), published a 

proposed rule and notice of availability 

of a revised draft supplemental 

environmental impact statement on the 

translocation of southern sea otters 

(revised draft SEIS) in the Federal 

Register on August 26, 2011. The U.S. 

Environmental Protection Agency 

concurrently published a notice of 

availability of the revised draft SEIS. 

The 60-day comment period for our 

notice ended on October 24, 2011. This 

notice announces a 15-day reopening of 

the comment period. 

DATES: We will consider comments on 

the proposed rule, associated revised 

draft SEIS (which includes a revised 

draft translocation program evaluation 

as Appendix C), and initial regulatory 

flexibility analysis (IRFA) that are 

received or postmarked on or before 

November 21, 2011. 

ADDRESSES: Submitting Comments: You 

may submit written comments on the 

proposed rule, the revised draft SEIS, 

and the IRFA by one of the following 

methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Enter 

Keyword or ID box, enter FWS–R8– 

FHC–2011–0046, which is the docket 

number for this rulemaking. Then click 

on the Search button. On the resultant 

screen, you may submit a comment by 

clicking on ‘‘Submit a Comment.’’ 

• By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R8–FHC–2011– 

0046; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We will not accept email or faxes. We 

will post all information received on 


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