58032 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 

EPA-APPROVED FLORIDA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter 62–210 Stationary Sources—General Requirements 

62–210.200 ... Definitions ......... March 28, 2012 September 19, 2012 [Insert citation of publication].As of September 19, 2012, 61–210.200 does not 

include Florida’s revision to adopt the PM2.5 SILs 

threshold and provisions (as promulgated in the 

October 20, 2010, PM2.5 PSD Increment-SILsSMC Rule at 40 CFR 52.21(k)(2)). 

* * * * * * * 

Chapter 62–212 Stationary Sources—Preconstruction Review 

62–212.400 ... Prevention of 

Significant Deterioration.

March 28, 2012 September 19, 2012 [Insert citation of publication].As of September 19, 2012, 61–212.400 does not 

include Florida’s revision to adopt the PM2.5 SILs 

threshold and provisions (as promulgated in the 

October 20, 2010, PM2.5 PSD Increment-SILsSMC Rule at 40 CFR 52.21(k)(2)). 

* * * * * * * 

* * * * * 

[FR Doc. 2012–22976 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0648; FRL–9728–7] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County: 

Infrastructure and Interstate Transport 

Requirements for the 1997 and 2008 

Ozone and the 1997 and 2006 PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving submittals 

from the Governor of New Mexico for 

the City of Albuquerque/Bernalillo 

County area, pursuant to the Clean Air 

Act (CAA or the Act). These submittals 

address the infrastructure elements 

specified in the CAA necessary to 

implement, maintain, and enforce the 

1997 and 2008 8-hour ozone and the 

1997 and 2006 fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS or standards). We 

find that the current Albuquerque/ 

Bernalillo County State Implementation 

Plan (SIP) meets the infrastructure 

elements for the 1997 and 2008 8-hour 

ozone NAAQS and the 1997 and 2006 

PM2.5 NAAQS. We also find that the 

current Albuquerque/Bernalillo County 

SIP meets the CAA requirement that 

emissions from sources in the area do 

not interfere with prevention of 

significant deterioration (PSD) measures 

required in the SIP of any other state, 

with regard to the 1997 and 2008 ozone 

and 1997 and 2006 PM2.5 NAAQS. EPA 

is also approving SIP revisions that 

modify the PSD SIP to include nitrogen 

oxides (NOX) as an ozone precursor. 

EPA is approving revisions to the 

Albuquerque/Bernalillo County PSD SIP 

that identify the PM2.5 precursors and 

establish significant emission rates for 

said precursors, consistent with the 

federal requirements. We are also 

approving other revisions to the 

Albuquerque/Bernalillo County PSD SIP 

to maintain consistency with the federal 

PSD permitting requirements. In 

addition to these revisions, EPA is 

approving other revisions to the 

Albuquerque/Bernalillo County SIP 

necessary to implement the NAAQS. 

DATES: This final rule is effective on 

October 19, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2009–0648. 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 

the Air Planning Section (6PD–L), 

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 or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page 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 State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

City of Albuquerque, Environmental 

Health Department—Air Quality 

Division, One Civic Plaza, Room 3047, 

Albuquerque, New Mexico 87103, 

telephone 505–768–1972, email address 

aqd@cabq.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7128; fax number 

214–665–6762; email address 

walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background 

a. Section 110(a)(1) and (2) 


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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 58033 

b. PSD Requirements 

c. Additional SIP Revisions 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

a. Section 110(a)(1) and (2) 

The background for today’s action is 

discussed in detail in our April 13, 2012 

proposal (76 FR 22249). In that notice 

we proposed to approve submittals from 

Albuquerque/Bernalillo County that 

address the infrastructure elements 

specified in the CAA section 110(a)(2), 

necessary to implement, maintain, and 

enforce the 1997 and 2008 ozone and 

the 1997 and 2006 PM2.5 standards. 

Those submittals are dated May 24, 

2006 and August 16, 2010. We proposed 

to find that the following section 

110(a)(2) elements are contained in the 

current Albuquerque/Bernalillo County 

SIP and provide the infrastructure for 

implementing the 1997 and 2008 ozone 

and the 1997 and 2006 PM2.5 standards: 

emission limits and other control 

measures (section 110(a)(2)(A)); ambient 

air quality monitoring/data system 

(section 110(a)(2)(B)); the program for 

enforcement of control measures 

(section 110(a)(2)(C)); international and 

interstate pollution abatement (section 

110(a)(2)(D)(ii)); adequate resources 

(section 110(a)(2)(E)); stationary source 

monitoring system (section 110(a)(2)(F)); 

emergency power (section 110(a)(2)(G)); 

future SIP revisions (section 

110(a)(2)(H)); consultation with 

government officials (section 

110(a)(2)(J)); public notification (section 

110(a)(2)(J)); PSD and visibility 

protection (section 110(a)(2)(J)); air 

quality modeling/data (section 

110(a)(2)(K)); permitting fees (section 

110(a)(2)(L)); and consultation/ 

participation by affected local entities 

(section 110(a)(2)(M)). 

In addition, we proposed to find that 

Albuquerque/Bernalillo County has 

adequately addressed one of the four 

required elements (or prongs) of CAA 

section 110(a)(2)(D)(i), the element 

which requires that the SIP prohibit air 

emissions from sources within a state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in any other state. We are 

determining that emissions from sources 

in Albuquerque/Bernalillo County do 

not interfere with measures to prevent 

significant deterioration of air quality in 

any other state for the 1997 and 2008 

ozone and the 1997 and 2006 PM2.5

NAAQS (CAA section 

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

b. PSD Requirements 

In conjunction with our proposed 

finding that the Albuquerque/Bernalillo 

County SIP meets the section 110(a)(1) 

and (2) infrastructure and interstate 

transport SIP elements previously listed 

for the four NAAQS, we proposed to 

approve portions of two SIP revisions 

submitted by the Governor of New 

Mexico to EPA on May 24, 2006 and 

August 16, 2010 to the Albuquerque 

PSD Permitting Program at 20.11.61 

NMAC. These revisions identify NOX as 

a precursor to ozone, identify the 

precursors for PM2.5 and the applicable 

significant emission rates for PM2.5 PSD 

permitting, and make other necessary 

updates to maintain consistency with 

the federal PSD permitting requirements 

at 40 CFR 51.166 and 40 CFR Part 51, 

Appendix W. EPA believes that these 

PSD revisions, taken together with the 

PSD SIP and the interstate transport SIP, 

satisfies the PSD-related requirements of 

110(a)(2)(C), 110(a)(2)(J), and the 

element of section 110(a)(2)(D)(i) which 

requires that the SIP prohibit air 

emissions from sources within a state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in any other state. 

c. Additional SIP Revisions 

EPA also proposed to approve a 

portion of a SIP revision submitted on 

November 6, 2009 revising the 

Albuquerque/Bernalillo County SIP for 

Ambient Air Quality Standards, 

codified at 20.11.8 NMAC (Part 8). The 

substantive revisions submitted to Part 

8 revise the local ambient air quality 

standards to make them consistent with 

the current NAAQS. 

Our April 13, 2012 proposal provides 

a detailed description of all relevant 

submittals and the rationale for EPA’s 

proposed actions, together with a 

discussion of the opportunity to 

comment. The public comment period 

for these actions closed on May 14, 

2012, and we did not receive any 

adverse comments. 

II. Final Action 

We are approving the submittals 

provided to demonstrate that the 

Albuquerque/Bernalillo County SIP 

meets the infrastructure elements for the 

1997 and 2008 ozone and 1997 and 

2006 PM2.5 NAAQS listed below: 

Emission limits and other control measures 

(110(a)(2)(A) of the Act); 

Ambient air quality monitoring/data 

system (110(a)(2)(B) of the Act); 

Program for enforcement of control 

measures (110(a)(2)(C) of the Act); 

Interstate transport, pursuant to section 

110(a)(2)(D)(ii) of the Act; 

Adequate resources (110(a)(2)(E) of the 

Act); 

Stationary source monitoring system 

(110(a)(2)(F) of the Act); 

Emergency power (110(a)(2)(G) of the Act); 

Future SIP revisions (110(a)(2)(H) of the 

Act); 

Consultation with government officials 

(110(a)(2)(J) of the Act); 

Public notification (110(a)(2)(J) of the Act); 

Prevention of significant deterioration and 

visibility protection (110(a)(2)(J) of the Act); 

Air quality modeling data (110(a)(2)(K) of 

the Act); 

Permitting fees (110(a)(2)(L) of the Act); 

and 

Consultation/participation by affected local 

entities (110(a)(2)(M) of the Act). 

We are approving the portion of the 

Albuquerque/Bernalillo County SIP 

revision submittal that addresses the 

requirement of section 110(a)(2)(D)(i)(II) 

of the Act that emissions from sources 

in Albuquerque/Bernalillo County do 

not interfere with measures required in 

the SIP of any other state under part C 

of the Act regarding PSD for the 1997 

and 2008 8-hour ozone and 1997 and 

2006 PM2.5 NAAQS. 

We are approving Albuquerque/ 

Bernalillo County PSD SIP provisions to 

20.11.61 NMAC submitted May 24, 2006 

and August 16, 2010. These SIP 

revisions address NOX as a precursor for 

ozone, consistent with EPA’s November 

29, 2005 Phase 2 rule for the 1997 ozone 

NAAQS (70 FR 71612). These revisions 

also identify the precursors for PM2.5

and significant emission rates necessary 

for PM2.5 PSD permitting, consistent 

with EPA’s 2008 PM2.5 NSR rule for the 

1997 and 2006 PM2.5 NAAQS (73 FR 

28321, May 16, 2008). Additionally, the 

May 24, 2006 and August 16, 2010 

submittals make numerous other 

changes necessary to maintain 

consistency with the federal PSD 

permitting requirements. Specifically, 

we are approving revisions to 

20.11.61.7, 20.11.61.28, and 20.11.61.29 

NMAC submitted on May 24, 2006. We 

are also approving revisions to 

20.11.61.1, 20.11.61.2, 20.11.61.7, 

20.11.61.11, 20.11.61.12, 20.11.61.14, 

20.11.61.15, 20.11.61.16, 20.11.61.17, 

20.11.61.18, 20.11.61.19, 20.11.61.20, 

20.11.61.21, 20.11.61.23, 20.11.61.24, 

20.11.61.25, 20.11.61.26, 20.11.61.27, 

20.11.61.28, 20.11.61.29, 20.11.61.30, 

and 20.11.61.31 NMAC submitted on 

August 16, 2010. 

We are also approving SIP revisions 

from November 6, 2009 pertaining to 

updating Part 8 Ambient Air Quality 

Standards (20.11.8 NMAC). EPA is 

approving these revisions pursuant to 

section 110 of the CAA. These revisions 

improve the Albuquerque/Bernalillo 

County SIP and update 20.11.8 NMAC 

to add new standards and revise 

existing NAAQS in 20.11.8 NMAC to be 

consistent with 40 CFR Part 50— 

National Primary and Secondary 

Ambient Air Quality Standards. 


srobinson on DSK4SPTVN1PROD with RULES
58034 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 

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 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely 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 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 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. 

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 November 19, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 5, 2012. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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. Amend § 52.1620 by: 

■ a. Amending the second table in 

paragraph (c) entitled ‘‘EPA-Approved 

Albuquerque/Bernalillo County, NM 

Regulations’’ as follows: 

■ i. Revising the entry for Part 8 (20.11.8 

NMAC) under the heading ‘‘New 

Mexico Administrative Code (NMAC) 

Title 20—Environment Protection, 

Chapter 11—Albuquerque/Bernalillo 

County Air Quality Control Board’’; and 

■ ii. Revising the entry for Part 61 

(20.11.61 NMAC) under the heading 

‘‘New Mexico Administrative Code 

(NMAC) Title 20—Environment 

Protection, Chapter 11—Albuquerque/ 

Bernalillo County Air Quality Control 

Board’’. 

■ b. Amending the second table in 

paragraph (e) entitled ‘‘EPA-Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico 

SIP’’ by adding a new entry for 

‘‘Infrastructure and Interstate Transport 

for the 1997 and 2008 Ozone and the 

1997 and 2006 PM2.5 NAAQS’’ at the 

end of the table. 

The additions and revisions read as 

follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 

EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject 

State 

approval/ 

effective date 

EPA Approval date Explanation 

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

Control Board 

*******

Part 8 (20.11.8 

NMAC).

Ambient Air Quality Standards .............. 8/12/2009 8/19/2012, [Insert FR page number 

where document begins].


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 58035 

EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued 

State citation Title/subject 

State 

approval/ 

effective date 

EPA Approval date Explanation 

*******

Part 61 (20.11.61 

NMAC).

Prevention of Significant Deterioration .. 1/10/2011 8/19/2012, [Insert FR page number 

where document begins].

*******

(e) * * * 

* * * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Infrastructure and Interstate 

Transport regarding noninterference with other states’ programs for PSD for the 1997 and 

2008 Ozone and the 1997 and 

2006 PM2.5 NAAQS.

Bernalillo County 8/16/2010 8/19/2012, [Insert FR page number where document begins].Approval for 110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). 

■ 3. Amend § 52.1634 by revising 

paragraph (c) to read as follows: 

§ 52.1634 Significant deterioration of air 

quality. 

* * * * * 

(c) The plan submitted by the 

Governor in paragraph (a) of this section 

for Prevention of Significant 

Deterioration is not applicable to 

Bernalillo County. Therefore, the 

following plan described below is 

applicable to sources located within the 

boundaries of Bernalillo County 

(including the City of Albuquerque). 

This plan, submitted by the Governor of 

New Mexico on April 14, 1989, August 

7, 1989, May 1, 1990, May 17, 1993, 

May 24, 2006, August 16, 2010, and 

December 15, 2010 and respectively 

adopted on March 8, 1989, July 12, 

1989, April 11, 1990, February 10, 1993, 

December 22, 2005, April 13, 2006, July 

28, 2010, and December 10, 2010, by the 

Albuquerque/Bernalillo County Air 

Quality Control Board, containing Part 

61—Prevention of Significant 

Deterioration is approved as meeting the 

requirements of part C of the Clean Air 

Act for the prevention of significant 

deterioration of air quality. 

[FR Doc. 2012–22975 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2011–0111; FRL–9729–5] 

RIN–2060–AQ84 

Protection of Stratospheric Ozone: 

Listing of Substitutes for OzoneDepleting Substances—Fire 

Suppression and Explosion Protection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to list substitutes for ozonedepleting substances (ODSs) in the fire 

suppression and explosion protection 

sector as acceptable subject to use 

restrictions under the EPA’s Significant 

New Alternatives Policy program. This 

program implements Section 612 of the 

Clean Air Act, as amended in 1990, 

which requires EPA to evaluate 

substitutes for ozone-depleting 

substances and find them acceptable 

where they pose comparable or lower 

overall risk to human health and the 

environment than other available 

substitutes. 

DATES: This rule is effective on 

December 18, 2012 without further 

notice, unless EPA receives adverse 

comment or receives a request for a 

public hearing on or before October 19, 

2012. If EPA receives adverse comment 

or receives a request for a public 

hearing, we will publish a timely 

withdrawal in the Federal Register 

informing the public that all or part of 

this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0111, by one of the 

following methods: 

• Email: a-and-r-Docket@epa.gov. 

• Mail: OAR Docket and Information 

Center, U.S. Environmental Protection 

Agency, Mailcode 6102T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. To expedite review, a second 

copy of the comments should be sent to 

Bella Maranion at the address listed 

below under FOR FURTHER INFORMATION

CONTACT. 

• Hand Delivery: Air and Radiation 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20004. Such deliveries 

are only accepted 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–2011– 

0111. 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 


srobinson on DSK4SPTVN1PROD with RULES