[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Rules and Regulations]
[Pages 5471-5475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01792]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0636; FRL-9922-25-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Albuquerque/Bernalillo County; Revisions to Emissions 
Inventory Requirements, and General Provisions

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Albuquerque/Bernalillo County, New Mexico State 
Implementation Plan (SIP). These revisions add definitions and 
clarifying changes to the general provisions and add a new emissions 
inventory regulation that establishes reporting requirements for 
stationary sources in Albuquerque/Bernalillo County. The EPA is 
approving these revisions pursuant to section 110 of the Clean Air Act 
(CAA).

DATES: This rule will be effective on April 3, 2015 without further 
notice unless EPA receives relevant adverse comments by March 4, 2015. 
If EPA receives such comments, EPA will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2008-0636, by one of the following methods:
    <bullet> www.regulations.gov. Follow the online instructions.
    <bullet> Email: Mr. Guy Donaldson at <a href="/cdn-cgi/l/email-protection#c1a5aeafa0ada5b2aeafefa6b4b881a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="03676c6d626f67706c6d2d64767a436673622d646c75">[email protected]</span></a>. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    <bullet> Mail or Delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2008-0636. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index and in hard copy at EPA Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas. While all documents in the docket are 
listed in the index, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material), and some may not 
be publicly available at either location (e.g., CBI). To inspect the 
hard copy materials, please schedule an appointment with the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. 
Bill Deese at (214) 665-7253.

FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning 
Section, telephone (214) 665-7128, email: <a href="/cdn-cgi/l/email-protection#c0b7a1acb3a5b2eeaaafa8ae80a5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="1364727f6076613d797c7b7d537663723d747c65">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
    A. What is a SIP?
    B. What are Emissions Inventories?
II. Overview of the State Submittals
    A. May 6, 2008 Submittal
    B. November 6, 2009 Submittals
    C. December 15, 2010 Submittal
    D. October 18, 2012 Submittal
III. EPA's Evaluation of the Submittals
IV. Final Action
V. Statutory and Executive Order Reviews


[[Page 5472]]



I. Background

A. What is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
National Ambient Air Quality Standards (NAAQS) established by EPA. The 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: Carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of 
air pollution regulations, control strategies, other means or 
techniques, and technical analyses developed by the state, to ensure 
that air quality in the state meets the NAAQS. It is required by 
section 110 and other provisions of the CAA. A SIP protects air quality 
primarily by addressing air pollution at its point of origin. SIPs can 
be extensive, containing state regulations or other enforceable 
documents, and supporting information such as emissions inventories, 
monitoring networks, and modeling demonstrations. Each state must 
submit any SIP revision to EPA for approval and incorporation into the 
federally-enforceable SIP.
    The New Mexico SIP includes a variety of control strategies, 
including the regulations that outline general provisions applicable to 
Albuquerque/Bernalillo County Air Quality Control Board (AQCB) 
regulations and emissions inventory requirements.

B. What are Emissions Inventories?

    Emissions inventories are surveys of actual and/or allowable 
emissions of air pollutants in an area. They are critical for the 
efforts of state, local, and federal agencies to attain and maintain 
the NAAQS that EPA has established for criteria pollutants such as 
ozone, particulate matter, and carbon monoxide. EPA issued the 
consolidated emissions reporting rule on June 10, 2002 (67 FR 39602). 
The rule can be found at 40 CFR part 51 Subpart A--Air Emissions 
Reporting Requirements. The rule consolidated the various emissions 
reporting requirements that already existed into one place in the CFR, 
established new reporting requirements related to particulate matter 
less than or equal to 2.5 microns (PM<INF>2.5</INF>) and regional haze, 
and established new requirements for the statewide reporting of area 
source and mobile source emissions. In 2008 EPA modified its 
requirements for collecting and reporting air emissions data by 
publishing the Air Emission Reporting Requirements in the Federal 
Register on December 17, 2008 (73 FR 76539). The requirements (1) 
provide options to the state and local air pollution control agencies 
responsible for reporting data, (2) shorten the timeline for reporting 
data, (3) eliminate the emissions reporting requirement for biogenic 
emissions, and (4) require state and local agencies to adopt the 
definition of a ``point source'' as specified under title V of the 
Clean Air Act.

II. Overview of the State Submittals

    The revisions we are approving address Title 20, Chapter 11, Part 2 
General Provisions of the New Mexico Administrative Code (20.11.1 NMAC 
General Provisions) and Title 20, Chapter 11, Part 47 Emissions 
Inventory Requirements of the New Mexico Administrative Code (20.11.47 
NMAC Emissions Inventory Requirements). These revisions apply to 
sources in Bernalillo County, excluding sources in Indian lands over 
which the AQCB lacks jurisdiction. We have prepared a Technical Support 
Document (TSD) for this action which details our evaluation. Our TSD 
may be accessed on-line at http://www.regulations.gov, Docket No. EPA-
R06-OAR-2008-0636.

A. The May 6, 2008 Submittal

    On May 6, 2008, New Mexico submitted a revision to the Albuquerque/
Bernalillo County SIP. The revision established a new regulation, 
20.11.47 NMAC, Emissions Inventory Requirements. The AQCB approved the 
new regulation on March 12, 2008. The new regulation adds various 
sections, including a section on definitions (20.11.46.7 NMAC), 
emissions inventory and reporting requirements (20.11.47.14 NMAC) and 
greenhouse gas emissions inventory requirements (20.11.47.15 NMAC).

B. The November 6, 2009 Submittals

    On November 6, 2009, New Mexico submitted a revision to the 
Albuquerque/Bernalillo County SIP. The AQCB adopted this revision on 
October 14, 2009. The proposed revision amends regulation 20.11.47 
NMAC, Emissions Inventory Requirements. The submittal revises section 
(20.11.47.14 NMAC) by adding subsection B(2), which further clarifies 
emission reporting requirements. Additional amendments include 
renumbering of the sections to account for the new subsection B(2), and 
minor amendments to 20.11.47.14 NMAC, subsections C(5)(f) and (D)(2), 
and 20.11.47.15 NMAC, subsection (C) for further clarification.
    Also on November 6, 2009, New Mexico submitted a revision to the 
Albuquerque/Bernalillo County SIP amending Title 20, Chapter 11, Part 
1, General Provisions.\1\ The proposed revision amends regulation 
20.11.1 NMAC, General Provisions, which applies to sources in 
Bernalillo county, excluding sources in Indian lands over which the 
AQCB lacks jurisdiction. The submittal amends sections 1, 2, 3, 5, 6, 
7, 9, 10, 11 and 14 of 20.11.1 NMAC to revise and update some 
definitions, including the definition of volatile organic compounds 
(VOCs), to be consistent with the federal definition found in 40 CFR 
part 51, subpart F--Procedural Requirements and 40 CFR 51.100(s). 
Additional detail is presented in our TSD for this action.
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    \1\ The previous revision to Title 20, Chapter 11, Part 1, 
General Provisions, was submitted to us for approval by the Governor 
of New Mexico, in a letter dated September 7, 2004, on behalf of the 
Albuquerque/Bernalillo County, Environmental--Health Department. The 
proposed Title 20, Chapter 11, Part 1, General Provisions, contained 
three sections titled ``Resolution,'' ``Definitions,'' and 
Interpretation.'' The EPA initially approved Regulation I 
(Resolution) of the Albuquerque/Bernalillo County, New Mexico on 04/
10/1980 (45 FR 24468). See 40 CFR 52.1620(c)(11). The EPA initially 
approved Regulation 2 (Definitions) on 04/10/1980 (45 FR 24468). 
Further revisions to Regulation 2 were later approved by EPA on 12/
21/93 (54 FR 67330). See 40 CFR 52.1620(c)(53). The EPA initially 
approved Regulation 26 (Interpretation) on 02/23/1993 (58 FR 10972). 
See 40 CFR 52.1620(c)(49). The proposed revisions to ``Resolution,'' 
``Definitions,'' and ``Interpretation'' reflect the new format and 
renumbering of the NMAC. The proposed revisions also reflect 
renaming of ``Regulation'' to ``Part.'' These changes were 
administrative in nature, and did not change the text of the SIP-
approved rules. We published our approval of the recodification and 
renumbering of Chapter 11 on December 30, 2004 (69 FR 78312).
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C. The December 15, 2010 Submittal

    On December 15, 2010, New Mexico submitted a revision to the 
Albuquerque/Bernalillo County SIP amending Title 20, Chapter 11, Part 
1, General Provisions. The AQCB approved the revision on December 8, 
2010. The proposed revision amends regulation 20.11.1 NMAC, General 
Provisions.\2\ The submittal amends section 20.11.1.7 NMAC adding a 
definition of greenhouse gases, modifying the definition of air 
contaminant, and renumbering the definitions accordingly.\3\
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    \2\ The submittal also included revisions that amended 20.11.61 
NMAC Prevention of Significant Deterioration and 20.11.42 NMAC 
Operating Permits. EPA approved the PSD SIP revision portion of the 
submittal effective January 30, 2012. (See 76 FR 81836).
    \3\ 20.11.42 NMAC, Operating Permits, encompasses the Title V 
operating permit program for facilities within Bernalillo County. 
The Title V program is a delegated program, approved in the Federal 
Register, and does not reside in the SIP. The Title V program was 
last approved by EPA on 11/26/96, effective 1/27/97 (see 61 FR 
60032-60034). A minor revision to correct the definition of ``Major 
Source'', was approved by EPA on 9/8/04 (see 69 FR 54244-54247), 
effective 11/8/04. Proposed revisions to the Title V program in the 
form of amendments to 20.11.42 NMAC, were submitted to EPA on 7/22/
09, and are pending approval under Title V of the CAA. Therefore, 
since revisions to Operating Permits are not part of the SIP, EPA is 
not taking action on that portion of the submittal. Today's action 
is only addressing the revision to 20.11.1 General Provisions.

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[[Page 5473]]

D. The October 18, 2012 Submittal

    On October 18, 2009, New Mexico submitted a revision to the 
Albuquerque/Bernalillo County SIP. The proposed revision amends 
regulation 20.11.47 NMAC, Emissions Inventory Requirements. The AQCB 
adopted the revision on October 10, 2012. The submittal revises 
sections 6, 7, 14 and 15 of 20.11.47 NMAC further clarifying various 
definitions, including the definition of regulated air contaminant, 
deletes the greenhouse gas emissions inventory requirements from 
section 15, and reserves the section for future revisions (20.11.47.15 
NMAC). Therefore, the GHG emission inventory requirements that were 
part of the May 6, 2008 submittal discussed in Section II(A) above are 
no longer in front of us for action.

III. EPA's Evaluation of the Submittals

    The revisions to be approved address Title 20, Chapter 11, Sections 
1 and 47 of the NMAC. We have prepared a TSD for this proposal which 
details our evaluation. Our TSD may be accessed on-line at http://www.regulations.gov, Docket No. EPA-R06-OAR-2008-0696.
    Our primary consideration for determining the approvability of the 
New Mexico submittals is whether these proposed actions comply with 
section 110(l) of the Act and 40 CFR part 51, subpart A--Air Emissions 
Reporting Requirements. Section 110(l) of the Act provides that a SIP 
revision must be adopted by a State after reasonable notice and public 
hearing. Additionally, CAA Sec.  110(l) states that the EPA cannot 
approve a SIP revision if that revision would interfere with any 
applicable requirement regarding attainment, reasonable further 
progress (RFP) or any requirement established in the CAA. Additionally, 
approvability of these proposed actions are also based upon EPA's 
requirements for emissions inventories, and collecting and reporting 
air emissions data found in 40 CFR, part 51, Subpart A--Air Emission 
Reporting Requirements.
    Our evaluation of the submittals found that the SIP revisions were 
adopted by the State after reasonable notice, a public comment period, 
a corresponding public hearing, and that approval of the revisions 
would not interfere with any CAA requirement and are approvable.

A. The May 6, 2008 Submittal

    The AQCB adopted a new regulation 20.11.47 NMAC Emissions Inventory 
Requirements on March 12, 2008. The submittal dated May 6, 2008 revises 
the New Mexico SIP to include this new regulation, which applies to 
Albuquerque/Bernalillo County.
    The regulation include sections that define the scope, duration, 
effective date and objective of the regulation, which is to establish 
requirements both for submitting inventories of air contaminants to 
ensure that the regulations and standards under the Air Quality Control 
Act and the CAA will not be violated, and to require submission of data 
to quantify greenhouse gas emissions in Albuquerque/Bernalillo County. 
Additionally, the new regulation includes a section of definitions. 
Definitions in the submittal include definitions for actual emissions, 
commencement, modification, potential to emit, shutdown, stationary 
source, and western backstop sulfur dioxide trading program. These 
definitions have been SIP-approved in previous EPA actions and are 
consistent with the CAA. For example the term ``western backstop sulfur 
dioxide trading programs'' (20.11.46.7(NN) NMAC) was defined and 
approved in a previous action on November 29, 2012 (see 77 FR 71119). 
These 20.11.47 NMAC revisions are mostly ministerial in nature and/or 
add clarification.
    Additionally, the new subsection 20.11.47.14(C)--Content of 
Emissions Reports NMAC, outlines the information required for emission 
reports, and states that emission report contents shall include all 
information required by 40 CFR part 51, subpart A--Emissions Inventory 
Reporting Requirements. More information on the details of the new 
regulation is found in the TSD, which is provided in the docket for 
this rulemaking.
    This submittal was adopted consistent with the public notice SIP 
requirements of CAA section 110(l). We find that these revisions are 
approvable because they add specificity to the program. Further, these 
revisions do not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement, are consistent with EPA's rules and requirements in 40 
CFR, part 51, Subpart A, and do not result in emissions increases. The 
2012 submittal removed from EPA consideration 20.11.47.15 NMAC; 
Albuquerque/Bernalillo County already reports greenhouse gas emissions 
pursuant to 40 CFR part 98, Mandatory Greenhouse Gas Reporting. There 
is no requirement for reporting of non-NAAQS pollutants to be included 
in the SIP. There is no federal requirement that greenhouse gas 
emissions inventory requirements be part of the New Mexico SIP.

B. The November 6, 2009 Submittals

    The November 6, 2009 submittal revises section 20.11.47.14 NMAC by 
adding subsection B(2) which further clarifies emission reporting 
requirements and indicates that a source is not required to submit an 
emissions report more frequently than annually. Additional amendments 
include renumbering of the section to account for the new subsection 
B(2) and minor amendments (20.11.47.14 NMAC, subsections C(5)(f) and 
(D)(2)), and 20.11.47.15 NMAC, subsection (C) stating that estimates of 
greenhouse emission need to be in pounds per year for further 
clarification. EPA is approving these revisions as they are non-
substantial in nature. As previously noted, the 20.11.47.15 NMAC is no 
longer before EPA for SIP action.
    Also on November 6, 2009, the New Mexico submittal revises 20.11.1 
NMAC General Provisions. The submittal amends sections 1, 2, 3, 5, 6, 
7, 9, 10, and 11 of 20.11.1 NMAC to revise and update definitions 
(section 20.1.7 NMAC), including the definition of volatile organic 
compounds (VOCs), to be consistent with the federal definition found in 
40 CFR part 51, subpart F--Procedural Requirements and 40 CFR 
51.100(s). Section 20.11.1.14 NMAC Interpretation is removed, because 
it was included in the rule in error when the rule was last amended by 
the AQCB in 2004, is duplicative and resides in the rule that addresses 
ambient air quality standards (20.11.8.14 NMAC Ambient Air Quality 
Standards, Interpretation). EPA is approving these revisions since they 
are consistent with federal requirements and/or non-substantial in 
nature. Additional information regarding these revisions is available 
in the TSD, which is provided in the docket for this rulemaking.

C. The December 15, 2010 Submittal

    On December 15, 2010 AQCB adopted revisions to 20.11.1 NMAC, 
General Provisions, and 20.11.61 NMAC, Prevention of Significant 
Deterioration. EPA took action on the revisions to 20.11.61 NMAC, 
Prevention of Significant Deterioration in a previous rulemaking, but 
decided not to act on 20.11.1 NMAC at that time. In today's action, EPA 
is taking action on the revisions to 20.11.1 NMAC, General Provisions 
from the December 15, 2010 submittal. The AQCB adopted revisions

[[Page 5474]]

to 20.11.1 NMAC, Section 7, Definitions. The revisions update Section 7 
by adding a definition for Greenhouse gases or ``GHGs'' in 
20.11.1.7(CC). The definition is consistent with the federal definition 
of GHGs. Additionally, the revisions include other non-substantive 
changes such as renumbering the definitions for clarity. Further, these 
revisions do not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement and are consistent with section 110 of the CAA. EPA is 
approving these revisions to 20.11.1 NMAC, General Provisions.

D. The October 18, 2012 Submittal

    The October 18, 2012 submittal revises the SIP for Albuquerque/
Bernalillo County. The submittal revises sections 6, 7, 14 and 15 of 
20.11.47 NMAC further clarifying various definitions including the 
definition of regulated air contaminant, deletes the greenhouse gas 
emissions inventory requirements from section 15, and reserves the 
section for future revisions (20.11.47.15 NMAC). The deletion of 
section 15 is not a relaxation of the SIP, since there is a no 
requirement for non-NAAQS pollutants (i.e., GHGs) to have SIP-approved 
reporting requirements. Albuquerque/Bernalillo County continues to 
report estimates of NAAQS-related emissions pursuant to EPA's 
requirements for emissions inventories found in 40 CFR, part 51, 
Subpart A and greenhouse gases pursuant to 40 CFR, part 98 ``Mandatory 
Greenhouse Gas Reporting'' (see 74 FR 56260, effective December 29, 
2009).
    Additionally, revisions to 20.11.47 NMAC also include deletions/or 
updates of definitions of pollutants associated with greenhouse gases 
such as perfluorocarbons, sulfur hexafluoride, the climate registry, 
nitrous oxide, and other definitions, such as regulated pollutant 
(20.11.47.7(W) NMAC), and renumbering for clarification.
    This submittal was adopted consistent with the public notice SIP 
requirements of CAA section 110(l),\4\ and the revisions in this 
submittal do not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement. We find that these revisions are approvable, because they 
either clarify the emissions inventory requirements and/or are non-
substantive in nature.
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    \4\ New Mexico Register, Volume XXIII, Number 20, October 30, 
2012.
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IV. Final Action

    Pursuant to section 110 of the Act, EPA is approving through a 
direct final action, five revisions to the New Mexico SIP that were 
submitted on May 6, 2008, November 6, 2009,\5\ December 15, 2010 and 
October 18, 2012. We evaluated the state's submittals and determined 
that they meet the applicable requirements of the CAA section 110 and 
applicable EPA guidance. In accordance with CAA section 110(l), these 
revisions will not interfere with attainment of the NAAQS, reasonable 
further progress, or any other applicable requirement of the CAA.
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    \5\ As discussed in this notice, there are two SIP submittals 
that were submitted on the same date, November 6, 2009--one revising 
20.11.1 NMAC and one revising 20.11.47 NMAC.
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    EPA is publishing this rule without prior proposal because we view 
these as non-controversial amendments and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on April 3, 2015 
without further notice unless we receive relevant adverse comments by 
March 4, 2015. If we receive relevant adverse comments, we will publish 
a timely withdrawal of this direct final rulemaking in the Federal 
Register informing the public that the direct final rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
now. Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in

[[Page 5475]]

the Federal Register. A major rule cannot take effect until 60 days 
after it is published in the Federal Register. This action is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 3, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: January 15, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. In Sec.  52.1620, paragraph (c), the second table titled ``EPA 
Approved Albuquerque/Bernalillo County, NM Regulations'' is amended by 
revising the entry for Part 1 (20.11.1 NMAC) and adding in sequential 
order an entry for Part 47 (20.11.47 NMAC).
    The amendments read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
         State citation              Title/subject       submittal date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
   New Mexico Administrative Code (NMAC) Title 20--Environmental Protection Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
Part 1 (20.11.1 NMAC)...........  General Provisions.         12/15/2010  2/2/2015 [Insert     .................
                                                                           Federal Register
                                                                           citation].
 
                                                  * * * * * * *
Part 47 (20.11.47 NMAC).........  Emissions Inventory         10/18/2012  2/2/2015 [Insert     .................
                                   Requirements.                           Federal Register
                                                                           citation].
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2015-01792 Filed 1-30-15; 8:45 am]
BILLING CODE 6560-50-P


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