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operations in Table 2 of the revised rule
are not enforceable because of the option to pay fees in lieu of compliance with the limits (section 5.2.2.2), the rule clearly requires that all engines in the fee program comply with the applicable limits in Table 1 of the rule (section 5.2.2.2.1), which are identical to thecontrol requirements in the SIPapproved version of Rule 4702. Based
on our evaluation of the control requirements in the rule and related support documents in the SIP submission, we propose to determine that Rule 4702 implements BACT for

NO X emissions from stationary internal combustion engines operating in the SJV. The TSD has more information on
our evaluation.

C. EPA Recommendations to Further Improve the Rule

The TSD describes additional rule
revisions that we recommend for the next time SJVUAPCD modifies the rule but are not currently the basis for rule disapproval.

D. Public Comment and Proposed

Action

As authorized in section 110(k)(3) of the Act, EPA is proposing to fully approve the submitted rule based on our
conclusion that the rule satisfies all applicable CAA requirements. We will accept comments from the public on this proposal until January 4, 2016.

III. Incorporation by Reference

In this 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 the SJVUAPCD rule as described in
Table 1 of this notice. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the **ADDRESSES** section of this preamble for more information).

IV. Statutory and Executive Order

Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet
the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action:

• Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44

U.S.C. 3501 et seq. );

• is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility Act (5

U.S.C. 601 et seq. );

• does not contain any unfunded mandate or significantly or uniquely affect small governments, as described
in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act;
and

• does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible
methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed action 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 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 will not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq.

Dated: November 12, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

[FR Doc. 2015–30542 Filed 12–1–15; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 52**

**[EPA–R06–OAR–2013–0613; FRL–9939–46– Region 6]** 

**Approval and Promulgation of Implementation Plans; State of New**  **Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate**  **Transport SIP 2010 Nitrogen 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 the City of Albuquerque-Bernalillo County for the Nitrogen Dioxide (NO 2) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and
enforcement of the 2010 NO 2 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 NO 2 emissions.

**DATES :**  Written comments must be received on or before January 4, 2016.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R06–OAR–2013–0613, 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, State Implementation B Section (6MM–AB), 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.


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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.

2 Additional information on: The history of NO 2 , 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). 3 The 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 NO 2 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.

4 http://www.ecfr.gov/cgi-bin/text-idx? SID=64943a7422504656d8d72e9d6f87f177&mc= true&node=sp40.5.52.ss&rgn=div6. Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2013– 0613. 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. 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 January 22, 2010, EPA revised the primary NO 2 NAAQS (hereafter the

2010 NO 2 NAAQS) to establish a new 1- hour standard, with a level of 100 parts per billion (ppb), based on the 3-year average of the annual 98th percentile of the yearly distributions of 1-hour daily maximum concentrations (75 FR 6474).
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. 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 July 26,

2013.

EPA is proposing to approve the Albuquerque-Bernalillo County, New
Mexico i-SIP submittal for the 2010 NO 2 NAAQS, 2 as meeting the requirements
of an i-SIP.

II. EPA’s Evaluation of New Mexico’s i-SIP and Interstate Transport
Submittal

Below is a summary of EPA’sevaluation 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 NO 2 NAAQS on July 26, 2013. This SIP submission is complete by operation of law on January 26, 2014. See CAA section 110(k)(1)(B).

(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 toimplement 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. Theapproved 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


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5 A 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.

6 As discussed in further detail in the TSD. 7 EPA 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.

8 As discussed further in the TSD. establishment and implementation of ambient air quality monitors, collection and analysis of monitoring data, and providing the data to EPA upon request.

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 CAA requires the SIP to include measures to regulate construction and modification of stationary sources toprotect 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 NO 2 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 NO 2 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)).

In the original submission, Albuquerque-Bernalillo County requested that EPA not consider element 110(a)(2)(D)(i)(I) as a revision to the SIP at that time stating that this
element would be addressed at a future date. In a letter dated October 2, 2015, from NMED Secretary Ryan Flynn to Regional Administrator Ron Curry, a request was made that we now consider
and act on this element of the i-SIP. As
all the information needed to make this
determination was included in the original submission, as well as
monitored NO 2 concentrations indicating design values below the standard, and the lack of NO 2 nonattainment areas in New Mexico (including Albuquerque-Bernalillo County) or within close proximity, we find that Albuquerque-Bernalillo County does not contribute to
nonattainment nor interfere with maintenance of the NAAQS.

With respect to the interstate transport and 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 NO 2 NAAQS have been detailed in the section addressing section 110(a)(2)(C). Two revisions tothe 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 PM 2.5 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 NO 2 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, 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


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9 Albuquerque/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

. 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 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 NO 2 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)(all 4 interstate transport requirements), as well as 110(a)(2)(D)(ii) for the 2010 NO 2 NAAQS and is proposing to approve this element of the July 26, 2013,
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 herein 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

NO 2 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 arerequired 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, including the use 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 Albuquerque-Bernalillo County in
accordance with the State Rules Act

. Nothing in New Mexico’s statutory or regulatory authority prohibits


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Albuquerque-Bernalillo 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
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’’.

(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 Procedures—Air 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 [4/10/80, 45 FR 24468]. Albuquerque-Bernalillo County’s title V operating permit program codified at
20.11.42 NMAC, Operating Permits, was approved by EPA on 9/8/04 [FR vol. 69, No. 173, pp. 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 July 26, 2013, 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 NO 2 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 NO 2 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 NO 2 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, 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


### 75449 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules

beyond those imposed by state law. For that reason, this action:

• Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44

U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility Act (5

U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described
in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the 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, Nitrogen dioxide (NO 2).

Authority: 42 U.S.C. 7401 et seq. Dated: November 17, 2015.

Ron Curry, Regional Administrator, Region 6.

[FR Doc. 2015–30490 Filed 12–1–15; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 180**

**[EPA–HQ–OPP–2014–0008; FRL–9939–55]**

**Receipt of Several Pesticide Petitions**

**Filed for Residues of Pesticide**
**Chemicals in or on Various**
**Commodities**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of filing of petitions and request for comment.

**SUMMARY :**  This document announces the Agency’s receipt of several initial filings of pesticide petitions requesting the
establishment or modification of regulations for residues of pesticide
chemicals in or on various commodities.

**DATES :**  Comments must be received on or before January 4, 2016.

**ADDRESSES :**  Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.

• Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001.

• Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please
follow the instructions at http:// www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

**FOR FURTHER INFORMATION CONTACT :**  Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov.

**SUPPLEMENTARY INFORMATION :**  I. General Information

A. Does this action apply to me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following
list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers
determine whether this document applies to them. Potentially affected entities may include:

• Crop production (NAICS code 111).

• Animal production (NAICS code 112).

• Food manufacturing (NAICS code 311).

• Pesticide manufacturing (NAICS code 32532).

If you have any questions regarding the applicability of this action to a particular entity, consult the person
listed under **FOR FURTHER INFORMATION**

**CONTACT** for the division listed at the end of the pesticide petition summary of

interest.

B. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD–ROM that you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/
comments.html.

3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other