Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules 69925 

6. EPA’s Evaluation Conclusion 

Based on the above discussion, we 

believe these regulations are consistent 

with the relevant CAA requirements, 

and with relevant EPA policies and 

guidance. 

C. Proposed Action and Request for 

Public Comment 

Under section 110(k)(3) of the CAA, 

and for the reasons given above, we are 

proposing to approve a SIP revision 

submitted by CARB on August 14, 2015 

that includes certain sections of title 13 

and title 17 of the California Code of 

Regulations that establish standards and 

other requirements relating to the 

control of emissions from new and inuse on-road and off-road vehicles and 

engines. We are proposing to approve 

these regulations as part of the 

California SIP because we believe they 

fulfill all relevant CAA requirements. 

We will accept comments from the 

public on this proposal until December 

14, 2015. Unless we receive convincing 

new information during the comment 

period, we intend to publish a final 

approval action that will incorporate 

these rules into the federally enforceable 

SIP for the State of California. 

IV. Incorporation by Reference 

In this proposed rule, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference certain sections 

of title 13 and title 17 of the California 

Code of Regulations that establish 

standards and other requirements 

relating to the control of emissions from 

new and in-use on-road and off-road 

vehicles and engines, as described in 

section II of this preamble. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.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 proposed 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 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 Clean Air Act; 

and 

• Does not provide the 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 the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: October 30, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2015–28614 Filed 11–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0431; FRL–9936–68– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; State of New 

Mexico/Albuquerque-Bernalillo 

County; Infrastructure and Interstate 

Transport SIP 2010 Sulfur Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve a State 

Implementation Plan (SIP) submission 

from the State of New Mexico on behalf 

of Albuquerque-Bernalillo County for 

the 2010 Sulfur Dioxide (SO2) National 

Ambient Air Quality Standards 

(NAAQS). The submittal addresses how 

the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP for 

Albuquerque-Bernalillo County is 

adequate to meet the state’s 

responsibilities under the CAA, 

including the four CAA requirements 

for interstate transport of SO2 emissions. 

DATES: Written comments must be 

received on or before December 14, 

2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R06–OAR–2015–0431, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Tracie Donaldson at 

Donaldson.tracie@epa.gov. 

• Mail or delivery: Mary Stanton, 

Chief, Air Grants Section (6PD–S), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Deliveries are accepted 

only between the hours of 8 a.m. and 4 

p.m. weekdays, and not on legal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2015– 

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69926 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules 

1 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

2Additional information on: The history of SO2, 

its levels, forms and, determination of compliance; 

EPA’s approach for reviewing i-SIPs; the details of 

the SIP submittal and EPA’s evaluation; the effect 

of recent court decisions on i-SIPs; the statute and 

regulatory citations in the New Mexico SIP specific 

to this review; the specific i-SIP applicable CAA 

and EPA regulatory citations; Federal Register 

Notice citations for New Mexico SIP approvals; 

New Mexico’s minor New Source Review program 

and EPA approval activities; and, New Mexico’s 

Prevention of Significant Deterioration (PSD) 

program can be found in the Technical Support 

Document (TSD). 

3The specific nonattainment area plan 

requirements of section 110(a)(2)(I) are subject to 

the timing requirements of section 172, not the 

timing requirement of section 110(a)(1). Thus, 

section 110(a)(2)(A) does not require that states 

submit regulations or emissions limits specifically 

for attaining the 2010 SO2 NAAQS. Those SIP 

provisions are due as part of each state’s attainment 

plan, and will be addressed separately from the 

requirements of section 110(a)(2)(A). In the context 

of an infrastructure SIP, EPA is not evaluating the 

existing SIP provisions for this purpose. Instead, 

EPA is only evaluating whether the state’s SIP has 

basic structural provisions for the implementation 

of the NAAQS. 

4http://www.ecfr.gov/cgi-bin/text-idx?

SID=64943a7422504656d8d72e9d6

f87f177&mc=true&node=sp40.5.52.ss&rgn=div6. 

0431. 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 electronically any 

information that you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 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. Multimedia submissions (audio, 

video, etc.) must be accompanied by a 

written comment. The written comment 

is considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the Web, 

cloud, or other file sharing system). For 

additional information on submitting 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Tracie Donaldson, telephone 214–665– 

6633, donaldson.tracie@epa.gov. To 

inspect the hard copy materials, please 

schedule an appointment with Tracie 

Donaldson or Bill Deese at 214–665– 

7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

On June 22, 2010, EPA revised the 

primary SO2 NAAQS (hereafter the 2010 

SO2 NAAQS) to establish a new 1-hour 

standard, with a level of 75 parts per 

billion (ppb), based on the 3-year 

average of the annual 99th percentile of 

1-hour daily maximum concentrations 

(75 FR 35520). Each state must submit 

an i-SIP within three years after the 

promulgation of a new or revised 

NAAQS. Section 110(a)(2) of the CAA 

includes a list of specific elements the 

i-SIP must meet. EPA issued guidance 

addressing the i-SIP elements for 

NAAQS on September 13, 2013.1 The 

Secretary of the New Mexico 

Environmental Department (NMED) 

submitted an i-SIP revision on behalf of 

Albuquerque-Bernalillo County to 

address this revised NAAQS on June 11, 

2015. 

EPA is proposing to approve the 

Albuquerque-Bernalillo County, New 

Mexico i-SIP submittal for the 2010 SO2

NAAQS,2 as meeting the requirements 

of an i-SIP. 

II. EPA’s Evaluation of New Mexico’s iSIP Submittal 

Below is a summary of EPA’s 

evaluation of the AlbuquerqueBernalillo County, New Mexico i-SIP for 

each applicable element of 110(a)(2) A– 

M. The Albuquerque-Bernalillo County 

Air Quality Control Board (Air Board) 

provided a demonstration of how the 

existing Albuquerque-Bernalillo County, 

New Mexico SIP met all the 

requirements of the 2010 SO2 NAAQS 

on June 11, 2015. 

(A) Emission limits and other control 

measures: CAA section 110(a)(2)(A) 

requires SIPs to include enforceable 

emission limits and other control 

measures, means or techniques, as well 

as schedules and timetables for 

compliance, as may be necessary or 

appropriate to meet the applicable 

requirements of the Act, and other 

related matters as needed to implement, 

maintain and enforce each of the 

NAAQS.3

Legislative authority for AlbuquerqueBernalillo County’s air quality program, 

codified in Chapter 74 Environmental 

Improvement, Article 2, Air Pollution, of 

the New Mexico statutes, gives the Air 

Board and the Albuquerque 

Environmental Health Department’s Air 

Quality Program (AQP) the authority to 

implement the CAA in AlbuquerqueBernalillo County, New Mexico. 

Enforceable emission limitations and 

other control measures are authorized 

by the New Mexico Air Quality Control 

Act (AQCA), which established the Air 

Board and those provisions of New 

Mexico Administrative Code (NMAC) 

Title 20, Environmental Protection, 

Chapter 11, Albuquerque-Bernalillo 

County Air Quality Control Board. They 

can adopt emission standards and 

compliance schedules applicable to 

regulated entities; emission standards 

and limitations and any other measures 

necessary for attainment and 

maintenance of national standards; and, 

enforce applicable laws, regulations, 

standards and compliance schedules, 

and seek injunctive relief within the 

boundaries of Bernalillo County. This 

authority has been employed to adopt 

and submit multiple revisions to the 

Albuquerque-Bernalillo County, New 

Mexico State Implementation Plan. The 

approved SIP for AlbuquerqueBernalillo County, New Mexico is 

documented at 40 CFR part 52.1620, 

Subpart GG.4

(B) Ambient air quality monitoring/

data system: The SIP must provide for 

establishment and implementation of 

ambient air quality monitors, collection 

and analysis of monitoring data, and 

providing such data to EPA upon 

request. 

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5A copy of the 2014 Annual Air Monitoring 

Network Plan and EPA’s approval letter dated 

February 3, 2015, are included in the docket for this 

proposed rulemaking. 

6As discussed in further detail in the TSD. 

7EPA is not proposing to approve or disapprove 

Albuquerque-Bernalillo County’s existing minor 

NSR program to the extent that it may be 

inconsistent with EPA’s regulations governing this 

program. EPA has maintained that the CAA does 

not require that new infrastructure SIP submissions 

correct any defects in existing EPA-approved 

provisions of minor NSR programs in order for EPA 

to approve the infrastructure SIP for element C (e.g., 

76 FR 41076–41079, July 13, 2011). EPA believes 

that a number of states may have minor NSR 

provisions that are contrary to the existing EPA 

regulations for this program. The statutory 

requirements of section 110(a)(2)(C) provide for 

considerable flexibility in designing minor NSR 

programs. 

8As discussed further in the TSD. 

The AQCA provides AQP with the 

authority to monitor ambient air quality 

in the county (NMSA 1978, section 74– 

2–5). AQP maintains a monitoring 

network for the NAAQS and submits an 

annual Network Assessment to EPA. 

AQP’s 2014 Air Monitoring Network 

Plan is the most recently EPA-approved 

network monitoring plan—approved by 

EPA on February 3, 2015. All 

monitoring data is measured using EPA 

approved methods and subject to the 

EPA quality assurance requirements. 

AQP submits all required data to EPA, 

following the EPA regulations. The 

monitoring network was approved into 

the SIP (46 FR 4005, August 6, 1981) 

and undergoes annual review by the 

EPA.5 In addition, AQP conducts an 

assessment of the monitoring network 

every 5 years. The most recent of these 

5-year monitoring network assessments 

was conducted by AQP and approved 

by EPA. Data is available upon request 

and in the EPA Air Quality System 

(AQS) database. 

(C) Program for enforcement The SIP 

must include the following three 

elements: (1) A program providing for 

enforcement of the measure in 

paragraph A above; (2) a program for the 

regulation of the modification and 

construction of stationary sources as 

necessary to protect the applicable 

NAAQS (i.e., state-wide permitting of 

minor sources); and (3) a permit 

program to meet the major source 

permitting requirements of the CAA (for 

areas designated as attainment or 

unclassifiable for the NAAQS in 

question).6

(1) Enforcement of SIP Measures. As 

noted in (A), the state statutes provide 

authority for the AQP to enforce the 

requirements of the AQCA within 

Albuquerque-Bernalillo County, and 

any regulations, permits, or final 

compliance orders. Its statutes also 

provide the AQP with general 

enforcement powers. Among other 

things, they can file lawsuits to compel 

compliance with the statutes and 

regulations; commence civil actions; 

issue field citations; conduct 

investigations of regulated entities; 

collect criminal and civil penalties; 

develop and enforce rules and standards 

related to protection of air quality; issue 

compliance orders; pursue criminal 

prosecutions; investigate, enter into 

remediation agreements; and issue 

emergency cease and desist orders. The 

AQCA also provides additional 

enforcement authorities and funding 

mechanisms. 

(2) Minor New Source Review (NSR). 

The SIP is required to include measures 

to regulate construction and 

modification of stationary sources to 

protect the NAAQS. AlbuquerqueBernalillo County’s minor NSR 

permitting requirements are approved as 

part of the SIP.7

(3) Prevention of Significant 

Deterioration (PSD) permit program. 

Albuquerque-Bernalillo County’s PSD 

portion of the SIP covers all NSR 

regulated pollutants as well as the 

requirements for the 2010 SO2 NAAQS 

and has been approved by EPA.8 EPA 

approved revisions that address the 

requirements of the EPA’s May 2008, 

July 2010, and October 2012 PM2.5 PSD 

Implementation Rules and to 

incorporate revisions consistent with 

the EPA’s March 2011 Fugitives Interim 

Rule, July 2011 Greenhouse Gas (GHG) 

Biomass Deferral Rule, and July 2012 

GHG Tailoring Rule Step 3 and GHG 

PALs Rule (80 FR 52401, August 31, 

2015). 

(D) Interstate and international 

transport: The requirements for 

interstate transport of SO2 emissions are 

that the SIP contain adequate provisions 

prohibiting emissions to other states 

which will (1) contribute significantly to 

nonattainment of the NAAQS, (2) 

interfere with maintenance of the 

NAAQS, (3) interfere with measures 

required to prevent significant 

deterioration or (4) interfere with 

measures to protect visibility (CAA 

110(a)(2)(D)(i)). 

With respect to the requirements of 

section 110(a)(2)(D)(i)(I), the scarcity of 

major sources of SO2, the minimal 

amount of emissions from these sources, 

and the large geographic distance 

between those sources and other states, 

we find that Albuquerque-Bernalillo 

County does not contribute to 

nonattainment nor interfere with 

maintenance NAAQS. 

With respect to the PSD requirements 

of section 110(a)(2)(D)(i)(II), we note 

that Albuquerque-Bernalillo County’s 

satisfaction of the applicable 

infrastructure SIP PSD requirements for 

attainment/unclassifiable areas with 

regards to the 2010 SO2 NAAQS have 

been detailed in the section addressing 

section 110(a)(2)(C). Two revisions to 

the SIP to update the AlbuquerqueBernalillo County PSD SIP permitting 

program consistent with federal 

requirements have been approved (80 

FR 52401, August 31, 2015). These 

approvals contain revisions to address 

the requirements of the EPA’s May 

2008, July 2010, and October 2012 PM2.5

PSD Implementation Rules and to 

incorporate revisions consistent with 

the EPA’s March 2011 Fugitives Interim 

Rule, July 2011 Greenhouse Gas (GHG) 

Biomass Deferral Rule, and July 2012 

GHG Tailoring Rule Step 3 and GHG 

PALs Rule. 

For sources not subject to PSD for any 

one of the pollutants subject to 

regulation under the CAA because they 

are in a nonattainment area for a 

NAAQS, Albuquerque-Bernalillo 

County has adopted the nonattainment 

new source review (NNSR) provisions 

required for the 2010 SO2 NAAQS and 

other NAAQS at 20.11.60 NMAC— 

Permitting in Nonattainment Areas. 

With regard to the applicable 

requirements for visibility protection of 

section 110(a)(2)(D)(i)(II), this 

requirement was met by our approval of 

the regional haze and visibility 

component of the SIP. 

There are no final findings by EPA 

that New Mexico air emissions affect 

other countries. Therefore, 

Albuquerque-Bernalillo County, New 

Mexico has no international obligations. 

If EPA makes such a finding, AQP will 

consult with EPA. 

Section 110(a)(2)(D)(ii) also requires 

that the SIP ensure compliance with the 

applicable requirements of sections 126 

and 115 of the CAA, relating to 

interstate and international pollution 

abatement, respectively. Section 126(a) 

of the CAA requires new or modified 

sources to notify neighboring states of 

potential impacts from sources within 

the State. Albuquerque-Bernalillo 

County regulations require that affected 

states, tribes and federal land managers 

receive notice prior to the 

commencement of any construction or 

significant modification of a major 

source. In addition, no sources located 

in Albuquerque-Bernalillo County have 

been identified by EPA as having any 

interstate impacts under section 126 in 

any pending actions relating to any air 

pollutant. 

Section 115 of the CAA authorizes 

EPA to require a state to revise its SIP 

under certain conditions to alleviate 

international transport into another 

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69928 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules 

9Albuquerque/Bernalillo County SIP http://

yosemite.epa.gov/r6/Sip0304.nsf/

home!OpenView&Start=1&Count=30&Collapse=

4.4#4.4 or https://www.law.cornell.edu/cfr/text/40/

52.1620. 

country. There are no final findings 

under section 115 of the CAA against 

New Mexico with respect to any air 

pollutant. Thus, the State’s SIP does not 

need to include any provisions to meet 

the requirements of section 115. 

Based upon review of the County’s 

infrastructure SIP submission for the 

2010 SO2 NAAQS, and relevant 

statutory and regulatory authorities and 

provisions referenced in the submission 

or referenced in New Mexico’s SIP, EPA 

believes that Albuquerque-Bernalillo 

County has the adequate infrastructure 

needed to address sections 

110(a)(2)(D)(i)(I) and (II), and 

110(a)(2)(D)(ii) for the 2010 SO2 NAAQS 

and is proposing to approve this 

element of the June 11, 2015, 

submission. 

(E) Adequate authority, resources, 

implementation, and oversight: The SIP 

must provide for the following: (1) 

Necessary assurances that the state (and 

other entities within the state 

responsible for implementing the SIP) 

will have adequate personnel, funding, 

and authority under state or local law to 

implement the SIP, and that there are no 

legal impediments to such 

implementation; (2) requirements 

relating to state boards; and (3) 

necessary assurances that the state has 

responsibility for ensuring adequate 

implementation of any plan provision 

for which it relies on local governments 

or other entities to carry out that portion 

of the plan. 

Both elements A and E address the 

requirement that there is adequate 

authority to implement and enforce the 

SIP and that there are no legal 

impediments. 

This i-SIP submission for the 2010 

SO2 NAAQS describes the SIP 

regulations governing the various 

functions of personnel within the AQP 

and the Air Board, including the 

administrative, technical support, 

planning, enforcement, and permitting 

functions of the program. 

With respect to funding, the resources 

to carry out the plan are provided 

through General Funds, Permit Fees and 

the CAA grant process. Permit Fees are 

collected under the authority of section 

74–2–7. 

As required by the CAA and the 

Environmental Improvement Act (EIA), 

the SIP stipulates that any members of 

the board or body, or the head of an 

agency with similar powers, adequately 

disclose any potential conflicts of 

interest. NMSA 1978 section 74–1–4 

provides the Air Board contain at least 

a majority of members who represent 

the public interest and do not derive 

any significant portion of their income 

from persons subject to or who appear 

before the board on issues related to the 

CAA or the AQCA. Board members are 

required to recuse themselves from rulemakings in which their impartiality may 

reasonably be questioned. 

With respect to assurances that the 

Air Board has responsibility to 

implement the SIP adequately when it 

authorizes local or other agencies to 

carry out portions of the plan, the EIA 

and the AQCA designate the Air Board 

as the primary air pollution control 

agency within Albuquerque-Bernalillo 

County. The statutes allow for local 

agencies to carry out some or all of the 

Act’s responsibilities. 

The Albuquerque/Bernalillo County 

Air Quality Control Board assumes 

jurisdiction for local administration and 

enforcement of the AQCA in Bernalillo 

County. There are Albuquerque/

Bernalillo County SIP provisions which 

are part of the New Mexico SIP.9

(F) Stationary source monitoring 

system: The SIP requires the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from sources. The 

SIP shall also require periodic reports 

on the nature and amounts of emissions 

and emissions-related data from 

sources, and require that the state 

correlate the source reports with 

emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 

Requirements in 20.11.47 NMAC, 

Emission Inventory Requirements 

provide for the reporting of emissions 

inventories in a format established by 

AQP on a schedule prescribed by the 

regulation. There also are SIP state 

regulations pertaining to sampling and 

testing and requirements for reporting of 

emissions inventories. In addition, SIP 

rules establish general requirements for 

maintaining records and reporting 

emissions. This information is used to 

track progress towards measuring the 

NAAQS, developing control and 

maintenance strategies, identifying 

sources and general emission levels, and 

determining compliance with SIP 

regulations and additional EPA 

requirements. 

(G) Emergency authority: The SIP 

must provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health or welfare or the environment 

and to include contingency plans to 

implement such authorities as 

necessary. 

The AQCA provides the New Mexico 

Environment Department with authority 

to address environmental emergencies, 

inclusive of contingency plans to 

implement emergency episode 

provisions. 

Pursuant to 40 CFR part 51, subpart 

H, Prevention of Air Pollution 

Emergency Episodes, on January 26, 

1989, the Air Board adopted the Air 

Pollution Contingency Plan for 

Bernalillo County [August 21, 1991, 56 

FR 38074; 40 CFR 52.1639, Prevention 

of Air Emergency Episodes], which is 

part of the SIP, and covers air pollution 

episodes and the occurrence of an 

emergency due to the effects of the 

pollutants on the health of persons. 

(H) Future SIP revisions: States must 

have the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate to attain the 

NAAQS. 

Albuquerque-Bernalillo County’s SIP 

is a compilation of regulations, plans 

and submittals that act to improve and 

maintain air quality in accordance with 

national standards. The authority to 

develop or revise the SIP is based on the 

authority to adopt new regulations and 

revise existing regulations to meet the 

NAAQS. NMSA 1978 section 74–7–5 

gives the board the authority to perform 

these functions. Section 74–7–5 also 

gives the board the authority to adopt 

regulations to abate, control and 

prohibit air pollution throughout 

Bernalillo County in accordance with 

the State Rules Act. Nothing in New 

Mexico’s statutory or regulatory 

authority prohibits AlbuquerqueBernalillo County from revising the SIP 

in the event of a revision to the NAAQS. 

The AQCA specifically requires 

revisions to the SIP if the scenarios set 

forth in Section 110(a)(2)(H) occur. 

(I) Nonattainment areas: The CAA 

section 110(a)(2)(I) requires that in the 

case of a plan or plan revision for areas 

designated as nonattainment areas, 

states must meet applicable 

requirements of part D of the CAA, 

relating to SIP requirements for 

designated nonattainment areas. 

As noted earlier, EPA does not expect 

infrastructure SIP submissions to 

address subsection (I). The specific SIP 

submissions for designated 

nonattainment areas, as required under 

CAA title I, part D, are subject to 

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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules 69929 

different submission schedules than 

those for section 110 infrastructure 

elements. Instead, EPA will take action 

on part D attainment plan SIP 

submissions through a separate 

rulemaking process governed by the 

requirements for nonattainment areas, 

as described in part D. 

(J) Consultation with government 

officials, public notification, PSD and 

visibility protection: The SIP must meet 

the following three requirements: (1) 

Relating to interagency consultation 

regarding certain CAA requirements; (2) 

relating to public notification of NAAQS 

exceedances and related issues; and, (3) 

prevention of significant deterioration of 

air quality and visibility protection. 

(1) Interagency consultation: As 

required by the AQCA, there must be a 

public hearing before the adoption of 

any regulations or emission control 

requirements and all interested persons 

must be given a reasonable opportunity 

to submit data, view documents, or 

argue orally or in writing and to 

examine testimony of witnesses from 

the hearing. In addition, the AQCA 

provides for the power and duty to 

‘‘advise, consult, contract with and 

cooperate with local authorities, other 

states, the federal government and other 

interested persons or groups in regard to 

matters of common interest in the field 

of air quality control . . .’’ Furthermore, 

New Mexico’s PSD SIP rules mandate 

public participation and notification 

regarding permitting applications to any 

other state or local air pollution control 

agencies, local government officials of 

the city or county where the source will 

be located, tribal authorities, and 

Federal Land Managers (FLMs) whose 

lands may be affected by emissions from 

the source or modification. The State’s 

Transportation Conformity SIP rules 

also provide procedures for interagency 

consultation, resolution of conflicts, and 

public notification. 

(2) Public Notification: The i-SIP 

provides the SIP regulatory citations 

requiring the Air Board to regularly 

notify the public of instances or areas in 

which any NAAQS are exceeded, advise 

the public of the health hazard 

associated with such exceedances, and 

enhance public awareness of measures 

that can prevent such exceedances and 

ways in which the public can 

participate in efforts to improve air 

quality. 20.11.82 NMAC, Rulemaking 

ProceduresÐAir Quality Control Board, 

stipulates notice requirements for 

rulemaking and is used as a guide for 

notice requirements when adopting 

SIPs. 

(3) PSD and Visibility Protection: The 

PSD requirements here are the same as 

those addressed under (C). The 

Albuquerque-Bernalillo County, New 

Mexico SIP requirements relating to 

visibility and regional haze are not 

affected when EPA establishes or revises 

a NAAQS. Therefore, EPA believes that 

there are no new visibility protection 

requirements due to the revision of the 

NAAQS, and consequently there are no 

newly applicable visibility protection 

obligations pursuant to infrastructure 

element J after the promulgation of a 

new or revised NAAQS. 

(K) Air quality and modeling/data: 

The SIP must provide for performing air 

quality modeling, as prescribed by EPA, 

to predict the effects on ambient air 

quality of any emissions of any NAAQS 

pollutant, and for submission of such 

data to EPA upon request. 

AQP has the duty, authority and 

technical capability to conduct air 

quality modeling, pursuant to the 

AQCA, in order to assess the effect on 

ambient air quality of relevant pollutant 

emissions; and can provide relevant 

data as part of the permitting and 

NAAQS implementation process. AQP 

follows EPA guidelines for air 

dispersion modeling. Upon request, 

AQP will submit current and future data 

relating to air quality modeling to EPA. 

(L) Permitting Fees: The SIP must 

require each major stationary source to 

pay permitting fees to the permitting 

authority, as a condition of any permit 

required under the CAA, to cover the 

cost of reviewing and acting upon any 

application for such a permit, and, if the 

permit is issued, the costs of 

implementing and enforcing the terms 

of the permit. The fee requirement 

applies until a fee program established 

by the state pursuant to Title V of the 

CAA, relating to operating permits, is 

approved by EPA. 

The fee requirements of 20.11.2 

NMAC have been approved by EPA as 

meeting the CAA requirements and 

were incorporated into the 

Albuquerque-Bernalillo County, New 

Mexico SIP (45 FR 24468, April 10, 

1980,). Albuquerque-Bernalillo County’s 

title V operating permit program 

codified at 20.11.42 NMAC, Operating 

Permits, was approved by EPA on 

September 8, 2004 (69 FR 54244–47). In 

addition, see element (E) above for the 

description of the mandatory collection 

of permitting fees outlined in the SIP. 

(M) Consultation/participation by 

affected local entities: The SIP must 

provide for consultation and 

participation by local political 

subdivisions affected by the SIP. 

New Mexico State Statute Section 74– 

2–5.2 State Air Pollution Control 

Agency; Specific Duties and Powers of 

the Department, states that, ‘‘The 

department is the state air pollution 

control agency for all purposes under 

federal legislation relating to pollution. 

The department is required to ‘‘advise, 

consult, contract and cooperate with 

local authorities, other states, the federal 

government and other interested 

persons or groups in regard to matters 

of common interest in the field of air 

quality control.’’ Also see element (J) 

above for a discussion of the SIP’s 

public participation process, the 

authority to advise and consult, and the 

PSD SIP’s public participation 

requirements. 

III. Proposed Action 

EPA is proposing to approve the June 

11, 2015, infrastructure SIP submission 

from Albuquerque-Bernalillo County, 

New Mexico, which addresses the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2010 SO2

NAAQS. Specifically, EPA is proposing 

to approve the following infrastructure 

elements: 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). EPA 

is not proposing action pertaining to 

section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions as EPA 

believes these need not be addressed in 

the i-SIP. Based upon review of the 

state’s infrastructure SIP submissions 

and relevant statutory and regulatory 

authorities and provisions referenced in 

these submissions or referenced in 

Albuquerque-Bernalillo County, New 

Mexico’s SIP, EPA believes that 

Albuquerque-Bernalillo County, New 

Mexico has the infrastructure in place to 

address all applicable required elements 

of sections 110(a)(1) and (2) to ensure 

that the 2010 SO2 NAAQS are 

implemented in the county. We also are 

proposing to approve the State’s 

demonstration that it meets the four 

statutory requirements for interstate 

transport of SO2 emissions. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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, the 

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 Orders 12866 (58 FR 51735, 

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69930 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules 

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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur dioxide (SO2). 

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

Dated: October 27, 2015. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2015–28353 Filed 11–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 722, 729, 731, and 752 

RIN 0412–AA78 

Various Administrative Changes and 

Clauses to the USAID Acquisition 

Regulation 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) 

seeks public comment on a proposed 

rule that would revise the Agency for 

International Development Acquisition 

Regulation (AIDAR) to maintain 

consistency with Federal and Agency 

regulations and incorporate current and 

new USAID clauses into the regulation. 

DATES: Comments must be received no 

later than December 14, 2015. 

ADDRESSES: Address all comments 

concerning this notice to Marcelle J. 

Wijesinghe, Bureau for Management, 

Office of Acquisition and Assistance, 

Policy Division (M/OAA/P), Room 867J, 

SA–44, Washington, DC 20523–2052. 

Submit comments, identified by title of 

the action and Regulatory Information 

Number (RIN) by any of the following 

methods: 

1. Through the Federal eRulemaking 

Portal at http://www.regulations.gov by 

following the instructions for submitting 

comments. 

2. By Email: Submit electronic 

comments to both mwijesinghe@

usaid.gov and lbond@usaid.gov. See 

SUPPLEMENTAL INFORMATION for file 

formats and other information about 

electronic filing. 

3. By Mail addressed to: USAID, 

Bureau for Management, Office of 

Acquisition & Assistance, Policy 

Division, Room 867J, SA–44, 

Washington, DC 20523–2052. 

FOR FURTHER INFORMATION CONTACT: 

Lyudmila Bond, Telephone: 202–567– 

4753 or Email: lbond@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

A. Instructions 

All comments must be in writing and 

submitted through one of the methods 

specified in the Addresses section 

above. All submissions must include the 

title of the action and RIN for this 

rulemaking. Please include your name, 

title, organization, postal address, 

telephone number, and email address in 

the text of the message. 

Comments submitted by email must 

be included in the text of the email or 

attached as a PDF file. Please avoid 

using special characters and any form of 

encryption. Please note that USAID 

recommends sending all comments to 

the Federal eRulemaking Portal because 

security screening precautions have 

slowed the delivery and dependability 

of surface mail to USAID/Washington. 

Three days after receipt of a comment 

and until finalization of the action, all 

comments will be made available at 

http://www.regulations.gov for public 

review without change, including any 

personal information provided. We 

recommend you do not submit 

information that you consider 

Confidential Business Information (CBI) 

or any information that is otherwise 

protected from disclosure by statute. 

USAID will only address comments 

that explain why the rule would be 

inappropriate, ineffective or 

unacceptable without a change. 

Comments that are insubstantial or 

outside the scope of the rule will not be 

considered. 

B. Background 

USAID is seeking comments on the 

proposed rule as described below: 

• FAR subpart 22.8 prohibits federal 

contractors performing in the U.S. from 

discrimination with regard to race, 

color, religion, sex, national origin, 

disability, age, genetic information, or 

veteran status. As a matter of policy, the 

Agency encourages all USAID 

contractors performing and recruiting 

entirely outside the United States to 

apply these same standards of 

nondiscrimination in their workplace. 

The provision entitled 

‘‘Nondiscrimination’’ contains language 

that encourages contractors performing 

and recruiting entirely outside the 

United States to establish 

comprehensive nondiscrimination 

polices for their workplaces. The 

provision was implemented on an 

interim basis in 2012 through Agency 

policy found in ADS 302 Mandatory 

Reference, Special Provisions for 

Acquisition and is hereby formally 

incorporated in the AIDAR without 

revision at 752.222–71. The Agency 

believes that the transfer of the clause 

from the internal Agency policy into the 

AIDAR will have no impact on 

contractors. 

• Section 579 of the Foreign 

Operations, Export Financing, and 

Related Programs Appropriations Act of 

FY 2003 (Pub. L. 108–7) and similar 

sections in subsequent acts require 

certain steps to prevent countries from 

imposing taxes [defined as Value Added 

Tax (VAT) or customs duties] on U.S. 

foreign assistance. If taxes or customs 

duties are imposed, the foreign 

government must reimburse the amount 

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