75444 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 

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 the 

control 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 

NOX 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 (NO2) 

National Ambient Air Quality Standards 

(NAAQS). The submittal addresses how 

the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 NO2 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 NO2

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. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 75445 

1 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

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

Memorandum from Stephen D. Page, September 13, 

2013. 

2Additional information on: The history of NO2, 

its levels, forms and, determination of compliance; 

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

the SIP submittal and EPA’s evaluation; the effect 

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

regulatory citations in the New Mexico SIP specific 

to this review; the specific i-SIP applicable CAA 

and EPA regulatory citations; Federal Register 

Notice citations for New Mexico SIP approvals; 

New Mexico’s minor New Source Review program 

and EPA approval activities; and, New Mexico’s 

Prevention of Significant Deterioration (PSD) 

program can be found in the Technical Support 

Document (TSD). 

3The specific nonattainment area plan 

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

the timing requirements of section 172, not the 

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

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

submit regulations or emissions limits specifically 

for attaining the 2010 NO2 NAAQS. Those SIP 

provisions are due as part of each state’s attainment 

plan, and will be addressed separately from the 

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

of an infrastructure SIP, EPA is not evaluating the 

existing SIP provisions for this purpose. Instead, 

EPA is only evaluating whether the state’s SIP has 

basic structural provisions for the implementation 

of the NAAQS. 

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

SID=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 NO2 NAAQS (hereafter the 

2010 NO2 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 NO2

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’s 

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

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

M. The Albuquerque-Bernalillo County 

Air Quality Control Board (Air Board) 

provided a demonstration of how the 

existing Albuquerque-Bernalillo County, 

New Mexico SIP met all the 

requirements of the 2010 NO2 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 to 

implement the CAA in AlbuquerqueBernalillo County, New Mexico. 

Enforceable emission limitations and 

other control measures are authorized 

by the New Mexico Air Quality Control 

Act (AQCA) which established the Air 

Board and those provisions of New 

Mexico Administrative Code (NMAC) 

Title 20, Environmental Protection, 

Chapter 11, Albuquerque-Bernalillo 

County Air Quality Control Board. They 

can adopt emission standards and 

compliance schedules applicable to 

regulated entities; emission standards 

and limitations and any other measures 

necessary for attainment and 

maintenance of national standards; and, 

enforce applicable laws, regulations, 

standards and compliance schedules, 

and seek injunctive relief within the 

boundaries of Bernalillo County. This 

authority has been employed to adopt 

and submit multiple revisions to the 

Albuquerque-Bernalillo County, New 

Mexico State Implementation Plan. The 

approved SIP for AlbuquerqueBernalillo County, New Mexico is 

documented at 40 CFR part 52.1620, 

Subpart GG.4

(B) Ambient air quality monitoring/

data system: The SIP must provide for 


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5A copy of the 2014 Annual Air Monitoring 

Network Plan and EPA’s approval letter dated 

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

proposed rulemaking. 

6As discussed in further detail in the TSD. 

7EPA is not proposing to approve or disapprove 

Albuquerque-Bernalillo County’s existing minor 

NSR program to the extent that it may be 

inconsistent with EPA’s regulations governing this 

program. EPA has maintained that the CAA does 

not require that new infrastructure SIP submissions 

correct any defects in existing EPA-approved 

provisions of minor NSR programs in order for EPA 

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

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

that a number of states may have minor NSR 

provisions that are contrary to the existing EPA 

regulations for this program. The statutory 

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

considerable flexibility in designing minor NSR 

programs. 

8As discussed further in the TSD. 

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 to 

protect the NAAQS. AlbuquerqueBernalillo County’s minor NSR 

permitting requirements are approved as 

part of the SIP.7

(3) Prevention of Significant 

Deterioration (PSD) permit program. 

Albuquerque-Bernalillo County’s PSD 

portion of the SIP covers all NSR 

regulated pollutants as well as the 

requirements for the 2010 NO2 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 NO2 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 NO2 concentrations 

indicating design values below the 

standard, and the lack of NO2

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 NO2 NAAQS have 

been detailed in the section addressing 

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

the SIP to update the AlbuquerqueBernalillo County PSD SIP permitting 

program consistent with federal 

requirements have been approved (80 

FR 52401, August 31, 2015). These 

approvals contain revisions to address 

the requirements of the EPA’s May 

2008, July 2010, and October 2012 PM2.5

PSD Implementation Rules and to 

incorporate revisions consistent with 

the EPA’s March 2011 Fugitives Interim 

Rule, July 2011 Greenhouse Gas (GHG) 

Biomass Deferral Rule, and July 2012 

GHG Tailoring Rule Step 3 and GHG 

PALs Rule. 

For sources not subject to PSD for any 

one of the pollutants subject to 

regulation under the CAA because they 

are in a nonattainment area for a 

NAAQS, Albuquerque-Bernalillo 

County has adopted the nonattainment 

new source review (NNSR) provisions 

required for the 2010 NO2 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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9Albuquerque/Bernalillo County SIP http://

yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&

Start=1&Count=30&Collapse=4.4#4.4 or https://

www.law.cornell.edu/cfr/text/40/52.1620. 

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 NO2 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 NO2

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 

NO2 NAAQS describes the SIP 

regulations governing the various 

functions of personnel within the AQP 

and the Air Board, including the 

administrative, technical support, 

planning, enforcement, and permitting 

functions of the program. 

With respect to funding, the resources 

to carry out the plan are provided 

through General Funds, Permit Fees and 

the CAA grant process. Permit Fees are 

collected under the authority of section 

74–2–7. 

As required by the CAA and the 

Environmental Improvement Act (EIA), 

the SIP stipulates that any members of 

the board or body, or the head of an 

agency with similar powers, adequately 

disclose any potential conflicts of 

interest. NMSA 1978 section 74–1–4 

provides the Air Board contain at least 

a majority of members who represent 

the public interest and do not derive 

any significant portion of their income 

from persons subject to or who appear 

before the board on issues related to the 

CAA or the AQCA. Board members are 

required to recuse themselves from rulemakings in which their impartiality may 

reasonably be questioned. 

With respect to assurances that the 

Air Board has responsibility to 

implement the SIP adequately when it 

authorizes local or other agencies to 

carry out portions of the plan, the EIA 

and the AQCA designate the Air Board 

as the primary air pollution control 

agency within Albuquerque-Bernalillo 

County. The statutes allow for local 

agencies to carry out some or all of the 

Act’s responsibilities. 

The Albuquerque/Bernalillo County 

Air Quality Control Board assumes 

jurisdiction for local administration and 

enforcement of the AQCA in Bernalillo 

County. There are Albuquerque/

Bernalillo County SIP provisions which 

are part of the New Mexico SIP.9

(F) Stationary source monitoring 

system: The SIP requires the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from sources. The 

SIP shall also require periodic reports 

on the nature and amounts of emissions 

and emissions-related data from 

sources, and require that the state 

correlate the source reports with 

emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 

Requirements in 20.11.47 NMAC, 

Emission Inventory Requirements 

provide for the reporting of emissions 

inventories in a format established by 

AQP on a schedule prescribed by the 

regulation. There also are SIP state 

regulations pertaining to sampling and 

testing and requirements for reporting of 

emissions inventories. In addition, SIP 

rules establish general requirements for 

maintaining records and reporting 

emissions. This information is used to 

track progress towards measuring the 

NAAQS, developing control and 

maintenance strategies, identifying 

sources and general emission levels, and 

determining compliance with SIP 

regulations and additional EPA 

requirements. 

(G) Emergency authority: The SIP 

must provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health or welfare or the environment 

and to include contingency plans to 

implement such authorities as 

necessary. 

The AQCA provides the New Mexico 

Environment Department with authority 

to address environmental emergencies, 

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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75448 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 

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 NO2

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 NO2 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 NO2 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 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 75449 

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 (NO2). 

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 


jstallworth on DSK7TPTVN1PROD with PROPOSALS