This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

54739 

Vol. 80, No. 176 

Friday, September 11, 2015 

1 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2) for the 2008 

Pb NAAQS,’’ Memorandum from Stephen D. Page, 

October 14, 2011, http://epa.gov/air/urbanair/

sipstatus/docs/Guidance_on_Infrastructure_SIP_

Elements_Multipollutant_FINAL_Sept_2013.pdf. 

2Additional information on: The history of Pb, its 

levels, forms and, determination of compliance; 

Continued 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0400; FRL–9933–80– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque-Bernalillo County; 

Infrastructure and Interstate Transport 

State Implementation Plan for the 2008 

Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA), the Environmental 

Protection Agency (EPA) is proposing to 

approve a State Implementation Plan 

(SIP) submission from the Governor of 

New Mexico for the City of 

Albuquerque-Bernalillo County for the 

2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS). The 

submittal addresses how the existing 

SIP provides for implementation, 

maintenance, and enforcement of the 

2008 Pb 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 Pb emissions. 

DATES: Written comments must be 

received on or before October 13, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R06–OAR–2012–0400, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Tracie Donaldson at 

Donaldson.tracie@epa.gov. 

• Mail or delivery: Mary Stanton, 

Chief, Air Grants Section (6PD–S), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Deliveries are accepted 

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

p.m. weekdays, and not on legal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2012– 

0400. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit electronically any 

information that you consider to be CBI 

or other information whose disclosure is 

restricted by statute. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. Multimedia submissions (audio, 

video, etc.) must be accompanied by a 

written comment. The written comment 

is considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional information on submitting 

comments, please visit http://

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

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

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

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Tracie Donaldson, telephone 214–665– 

6633, donaldson.tracie@epa.gov. To 

inspect the hard copy materials, please 

schedule an appointment with her 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 October 5, 1978, we published the 

first NAAQS for lead (Pb) (43 FR 46246). 

Both the primary and secondary 

standards were set at 1.5 micrograms 

per cubic meter (mg/m3). In 2008, 

following a periodic review of the 

NAAQS for lead, we published a 

revised, more stringent NAAQS of 0.15 

mg/m3 for both the primary and 

secondary standards (73 FR 66964, 

November 13, 2008). For more 

information on these standards, please 

see the Technical Support Document 

(TSD) and EPA Web site http://epa.gov/ 

airquality/lead. 

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 Governor of New Mexico 

on behalf of Albuquerque-Bernalillo 

County submitted an i-SIP revision on 

May 2, 2012 to address this revised 

NAAQS, including a demonstration that 

the SIP met the four statutory 

requirements for interstate transport of 

Pb emissions. 

EPA is proposing to approve the 

Albuquerque-Bernalillo County, New 

Mexico i-SIP submittal for the 2008 Pb 

NAAQS 2 as meeting the requirements 


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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 2008 Pb 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. 4As discussed in further detail in the TSD. 

5EPA 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). 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. 

6As discussed further in the TSD. 

for an i-SIP, including the requirements 

for interstate transport of Pb emissions 

II. EPA’s Evaluation of New Mexico’s iSIP 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 2008 Pb NAAQS on 

May 2, 2012. This SIP submission 

became complete by operation of law on 

November 2, 2013. See CAA section 

110(k)(1)(B). 

(A) Emission limits and other control 

measures: The SIP must include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance 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 52.1620, Subpart 

GG. 

(B) Ambient air quality monitoring/

data system: The SIP must provide for 

establishment and implementation of 

ambient air quality monitors, collection 

and analysis of monitoring data, and 

providing 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. 

The network includes one monitor for 

Pb. AQP’s 2014 Air Monitoring Network 

Plan is the most recently EPA-approved 

network monitoring plan and was 

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, 

in accordance with EPA rules. The 

monitoring network was approved into 

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

AQP conducts an assessment of the 

monitoring network every 5 years. 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).4

(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 

AQAC also provides additional 

enforcement authorities and funding 

mechanisms. 

(2) Minor New Source Review (NSR). 

The SIP is required to include measures 

to regulate construction and 

modification of stationary sources to 

protect the NAAQS. AlbuquerqueBernalillo County’s minor NSR 

permitting requirements are approved as 

part of the SIP.5

(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 2008 Pb NAAQS 

and has been approved by EPA.6 In a 

recent action, 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 (see docket EPA–R06– 

OAR–2013–0616 in 

www.regulations.gov). 

(D) Interstate and international 

transport: The requirements for 

interstate transport of Pb emissions are 

that the SIP contain adequate provisions 

prohibiting Pb 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 


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7http://www.epa.gov/airtrends/2011/report/

fullreport.pdf. 

8Analysis by Mark Schmidt, OAQPS, ‘‘Ambient 

Pb’s Contribution to Class I Area Visibility 

Impairment,’’ June 17, 2011. 

deterioration or (4) interfere with 

measures to protect visibility (CAA 

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

With respect to significant 

contribution to nonattainment or 

interference with maintenance of the Pb 

NAAQS, the physical properties of Pb, 

which is a metal and very dense, 

prevent Pb emissions from experiencing 

a significant degree of travel in the 

ambient air. No complex chemistry is 

needed to form Pb or Pb compounds in 

the ambient air; therefore, ambient 

concentrations of Pb are typically 

highest near Pb sources. More 

specifically, there is a sharp decrease in 

ambient Pb concentrations as the 

distance from the source increases. 

According to EPA’s report entitled Our 

Nation’s Air: Status and Trends 

Through 2010, Pb concentrations that 

are not near a source of Pb are 

approximately 8 times less than the 

typical concentrations near the source.7

For these reasons, EPA believes that the 

interstate transport requirements 

pertaining to significant contribution to 

nonattainment or interference with 

maintenance of the Pb NAAQS can be 

satisfied through a state’s assessment as 

to whether a lead source located within 

its state in close proximity to a state 

border has emissions that contribute 

significantly to the nonattainment in or 

interfere with maintenance of the 

NAAQS in the neighboring state. 

Albuquerque-Bernalillo County has 

stated as such in its submission. 

There are no areas within 

Albuquerque-Bernalillo County that are 

designated as nonattainment with 

respect to the 2008 Pb NAAQS, and 

there are no significant sources of Pb 

emissions within the County that emit 

Pb in amounts equal to or exceeding 0.5 

tons per year, nor sources of Pb 

emissions within two miles of a 

neighboring state line. Total Pb 

emissions within AlbuquerqueBernalillo County in 2011 were less 

than two tons, and most of the Pbemitting sources within the State are 

general aviation airports where aviation 

gasoline containing tetra-ethyl lead is 

still in use. Therefore, we deem that 

Albuquerque-Bernalillo County has 

presumptively satisfied the interstate 

transport requirements pertaining to 

significant contribution to 

nonattainment or interference with 

maintenance of the Pb NAAQS. 

With respect to the interstate 

transport and PSD requirement, we note 

that Albuquerque-Bernalillo County’s 

satisfaction of the applicable 

infrastructure SIP PSD requirements for 

attainment/unclassifiable areas with 

regards to the 2008 Pb NAAQS have 

been detailed in the section addressing 

section 110(a)(2)(C). Therefore, we deem 

that the SIP has presumptively satisfied 

the interstate transport and PSD 

requirement. 

With regard to the applicable 

requirement for interstate transport and 

visibility protection, significant impacts 

from Pb emissions from stationary 

sources are expected to be limited to 

short distances from the source and 

most, if not all, stationary sources of Pb 

emissions are located at sufficient 

distances from Class I areas such that 

visibility impacts would be negligible. 

Although Pb can be a component of 

coarse and fine particles, Pb generally 

comprises only a small fraction of 

coarse and fine particles. A recent EPA 

study conducted to evaluate the extent 

that Pb could impact visibility 

concluded that Pb-related visibility 

impacts at Class I areas were found to 

be insignificant (e.g., less than 0.10%).8

Given this information, that there are no 

significant point sources of Pb 

emissions and that the County is not 

near an interstate border we deem the 

SIP meets the interstate transport and 

visibility protection. 

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

that the SIP ensure compliance with the 

applicable requirements of sections 126 

and 115 of the CAA, relating to 

interstate and international pollution 

abatement, respectively. Section 126(a) 

of the CAA requires new or modified 

sources to notify neighboring states of 

potential impacts from sources within 

the State. Albuquerque-Bernalillo 

County regulations require that affected 

states, tribes and federal land managers 

receive notice prior to the 

commencement of any construction or 

significant modification of a major 

source. In addition, no source or 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 State’s 

infrastructure SIP submission for the 

2008 Pb 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), and 

110(a)(2)(D)(ii) for the 2008 Pb NAAQS 

and is proposing to approve this 

element of the May 2, 2012, submission. 

(E) Adequate authority, resources, 

implementation, and oversight: The SIP 

must provide for the following: (1) 

Necessary assurances that the state (and 

other entities within the state 

responsible for implementing the SIP) 

will have adequate personnel, funding, 

and authority under state or local law to 

implement the SIP, and that there are no 

legal impediments to such 

implementation; (2) requirements 

relating to state boards; and (3) 

necessary assurances that the state has 

responsibility for ensuring adequate 

implementation of any plan provision 

for which it relies on local governments 

or other entities to carry out that portion 

of the plan. 

Both elements A and E address the 

requirement that there is adequate 

authority to implement and enforce the 

SIP and that there are no legal 

impediments. 

This i-SIP submission for the 2008 Pb 

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 Air Act. 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 


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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 orhttps://www.law.cornell.edu/cfr/text/40/ 

52.1620. 

authorizes local or other agencies to 

carry out portions of the plan, the EIA 

and the AQCA designate the Air Board 

as the primary air pollution control 

agency within Albuquerque-Bernalillo 

County. The statutes allow for local 

agencies to carry out some or all of the 

Act’s responsibilities. 

The Albuquerque-Bernalillo County 

Air Quality Control Board assumes 

jurisdiction for local administration and 

enforcement of the AQCA in Bernalillo 

County. There are Albuquerque/

Bernalillo County SIP provisions which 

are part of the New Mexico SIP.9

(F) Stationary source monitoring 

system: The SIP requires the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from sources. The 

SIP shall also require periodic reports 

on the nature and amounts of emissions 

and emissions-related data from 

sources, and require that the state 

correlate the source reports with 

emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 

Requirements in 20.11.47 NMAC, 

Emission Inventory Requirements 

provide for the reporting of emissions 

inventories in a format established by 

AQP on a schedule prescribed by the 

regulation. There also are SIP state 

regulations pertaining to sampling and 

testing and requirements for reporting of 

emissions inventories. In addition, SIP 

rules establish general requirements for 

maintaining records and reporting 

emissions. This information is used to 

track progress towards measuring the 

NAAQS, developing control and 

maintenance strategies, identifying 

sources and general emission levels, and 

determining compliance with SIP 

regulations and additional EPA 

requirements. 

(G) Emergency authority: The SIP 

must provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health or welfare or the environment 

and to include contingency plans to 

implement such authorities as 

necessary. 

The AQCA provides the New Mexico 

Environment Department with authority 

to address environmental emergencies, 

inclusive of contingency plans to 

implement emergency episode 

provisions. 

Pursuant to 40 CFR 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 

[8/21/91, 56 FR 38074; 40 CFR 52.1639, 

Prevention of Air Emergency Episodes], 

which is part of the SIP, which 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 

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. The 

Albuquerque-Bernalillo County 

nonattainment new source review 

(NNSR) provisions required for the 2008 

Pb NAAQS and other NAAQS were 

approved as part of the SIP (72 FR 

20728, April 26, 2007). 

Additionally, Albuquerque-Bernalillo 

County presently does not contain any 

non-attainment areas for Pb. 

(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 AQAC 

provides for the power and duty to 

‘‘advise, consult, contract with and 

cooperate with local authorities, other 

states, the federal government and other 

interested persons or groups in regard to 

matters of common interest in the field 

of air quality control . . . ’’. 

Furthermore, New Mexico’s PSD SIP 

rules mandate public participation and 

notification regarding permitting 

applications to any other state or local 

air pollution control agencies, local 

government officials of the city or 

county where the source will be located, 

tribal authorities, and Federal Land 

Managers (FLMs) whose lands may be 

affected by emissions from the source or 

modification. The State’s Transportation 

Conformity SIP rules also provide 

procedures for interagency consultation, 

resolution of conflicts, and public 

notification. 

(2) Public Notification: The i-SIP 

provides the SIP regulatory citations 

requiring the Air Board to regularly 

notify the public of instances or areas in 

which any NAAQS are exceeded, advise 

the public of the health hazard 

associated with such exceedances, and 

enhance public awareness of measures 

that can prevent such exceedances and 

ways in which the public can 

participate in efforts to improve air 

quality. 20.11.82 NMAC, Rulemaking 

Procedures—Air Quality Board, 

stipulates notice requirements for 

rulemaking and is used as a guide for 

notice requirements when adopting 

SIPs. 


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Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Proposed Rules 54743 

(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 May 

2, 2012, 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 2008 Pb 

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 this 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 2008 Pb 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 Pb emissions. 

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 CAA. Accordingly, 

this action merely proposes to approve 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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, 

Lead (Pb), Reporting and recordkeeping 

requirements. 

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

Dated: September 2, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–22862 Filed 9–10–15; 8:45 am] 

BILLING CODE 6560–50–P 


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