[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Rules and Regulations]
[Pages 14332-14334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7692]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NM 22-1-7103a; FRL-5709-6]


Approval and Promulgation of Implementation Plan for New Mexico: 
General Conformity Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the New Mexico State 
Implementation Plan (SIP) that contains regulations for implementing 
and enforcing the general conformity rules which the EPA promulgated on 
November 30, 1993. Specifically, the general conformity rules enable 
the New Mexico Environment Department to review conformity of all 
Federal actions (See 40 CFR part 51, subpart W--Determining Conformity 
of General Federal Actions to State or Federal Implementation Plans) 
with the control strategy SIPs submitted for the nonattainment and 
maintenance areas within the State except for actions within the 
boundaries of Bernalillo County. This approval action is intended to 
streamline the conformity process and allow direct consultation among 
agencies at the local levels. The Federal actions by the Federal 
Highway Administration and Federal Transit Administration (under Title 
23 U.S.C. or the Federal Transit Act) are covered by the transportation 
conformity rules under 40 CFR part 51, subpart T--Conformity to State 
or Federal Implementation Plans of Transportation Plans, Programs, and 
Projects Developed, Funded or Approved Under Title 23 U.S.C. or the 
Federal Transit Act. The EPA will act on the New Mexico transportation 
conformity SIP under a separate action.
    The EPA is approving this SIP revision under sections 110(k) and 
176 of the Clean Air Act (the Act). The rationale for the approval and 
other information are provided in this document.

DATES: This action is effective on May 27, 1997, unless adverse or 
critical comments concerning this action are submitted and postmarked 
by April 25, 1997. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Copies of the State general conformity SIP and other 
relevant information are available for inspection during normal 
business hours at the following locations. Interested persons wanting 
to examine these documents should make an appointment with the 
appropriate office at least 24 hours before the visiting day.

Air Planning Section (6PDL), Multimedia Planning and Permitting 
Division, Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202, telephone: (214) 665-7214.
Air and Radiation Docket and Information Center, Environmental 
Protection Agency, 401 M Street SW., Washington, DC 20460.
Air Quality Bureau, New Mexico Environment Department, 1190 St. Francis 
Drive, Santa Fe, NM 87502, telephone: (505) 827-0042.

FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, P.E., Air Planning 
Section (6PDL), Multimedia Planning and Permitting Division , 
Environmental Protection Agency, Region 6, 1445 Ross

[[Page 14333]]

Avenue, Dallas, TX 75202, telephone (214) 665-7247.

SUPPLEMENTARY INFORMATION:

I. Background

    Conformity is defined in section 176(c) of the Clean Air Act, as 
amended in 1990, as conformity to the SIP's purpose of eliminating or 
reducing the severity and number of violations of the National Ambient 
Air Quality Standards and achieving expeditious attainment of such 
standards, and that such activities will not: (1) cause or contribute 
to any new violation of any standard in any area, (2) increase the 
frequency or severity of any existing violation of any standard in any 
area, or (3) delay timely attainment of any standard or any required 
interim emission reductions or other milestones in any area.
    The Act requires EPA to promulgate criteria and procedures for 
determining conformity of all other Federal actions in the 
nonattainment or maintenance areas (actions other than those under 
Title 23 U.S.C. or the Federal Transit Act) to a SIP. The criteria and 
procedures developed for this purpose are called ``general conformity'' 
rules. The rules pertaining to actions under Title 23 U.S.C. or the 
Federal Transit Act were published in a separate Federal Register 
notice on November 24, 1993. See 58 FR 62188. The EPA published the 
final general conformity rules on November 30, 1993 (58 FR 63214), and 
codified them at 40 CFR part 51, subpart W--Determining Conformity of 
General Federal Actions to State or Federal Implementation Plans. The 
general conformity rules require the States and local air quality 
agencies (where applicable) to adopt and submit a general conformity 
SIP revision to the EPA not later than November 30, 1994.

II. Evaluation of State's Submission

    In response to the Federal Register Action of November 30, 1993, 
the Governor of New Mexico submitted a SIP revision which included the 
general conformity rules adopted by the New Mexico Environment 
Department. The State general conformity rule is applicable to all 
nonattainment and maintenance areas in the State outside the boundaries 
of Bernalillo County. Bernalillo County is a ``class A'' county as 
defined by the State statute and authorized by the New Mexico Air 
Quality Control Act to establish its own regulatory requirements for 
air pollution control within the County. The EPA approved the 
Albuquerque/Bernalillo County general conformity SIP revision under a 
separate Federal Register action on September 13, 1996 (61 FR 48407). 
The following paragraphs present the results of EPA's review and 
evaluation of the State's general conformity SIP revision.
    On November 17, 1994, the Governor of New Mexico submitted a SIP 
revision in compliance with 40 CFR part 51, subpart W that contains the 
general conformity rules. The SIP revision was adopted by the New 
Mexico Environmental Improvement Board on November 10, 1994, after 
appropriate public participation and interagency consultation. The EPA 
could not approve this submittal.
    Subsequently, the Governor of New Mexico submitted a completely 
revised SIP revision on July 18, 1996, which removed any 
inconsistencies and also included a complete recodified set of general 
conformity regulations. The revised and recodified SIP revision was 
adopted by the New Mexico Environmental Board on June 14, 1996. Since 
this 1996 action negates the earlier submittal, the EPA's action today 
is based on evaluation of the revised SIP submitted on July 18, 1996. 
The revised SIP revision adopts the Federal general conformity rules 
verbatim with the exception of limited changes and additional 
definitions, where necessary, to create consistency with the local 
processes, procedures, and area specific terms or names. These minor 
modifications and additional clarifications do not in any way alter the 
effect, implementation and enforcement of the Federal conformity 
requirements in the State outside the boundaries of Bernalillo County. 
The EPA has determined that the State's general conformity rule, as 
submitted by the Governor on July 18, 1996, meets the Federal 
requirements and therefore, EPA is approving this SIP revision.

III. Final Action

    The EPA is approving a revision to the State of New Mexico SIP 
which contains general conformity regulations as submitted by the 
Governor of New Mexico on July 18, 1996. The State general conformity 
rule is applicable to all nonattainment and maintenance areas in the 
State outside the boundaries of Bernalillo County. The EPA has 
evaluated this SIP revision and has determined that the State has fully 
adopted the provisions of the Federal general conformity rules in 
accordance with 40 CFR part 51, subpart W. The appropriate public 
participation and comprehensive interagency consultations have been 
undertaken during development and adoption of these rules by the State 
Environment Department at the local level.
    The EPA is publishing this final approval action without advanced 
notice of proposal because the EPA views this as a noncontroversial 
amendment and anticipates no adverse comments. However, in a separate 
document in this Federal Register publication, the EPA is 
simultaneously proposing to approve this SIP revision should adverse or 
critical comments be filed. This action will be effective May 27,1997, 
unless adverse or critical comments concerning this action are 
submitted and postmarked by April 25, 1997.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received concerning this 
action will then be addressed in a subsequent final rule based on this 
action serving as a proposed rule. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting on 
this action should do so at this time. If no such comments are received 
on this action, the public is advised that this action will be 
effective May 27, 1997.
    Nothing in this action shall be construed as permitting, allowing, 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

IV. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table Three action for 
signature by the Regional Administrator under the procedures published 
in the Federal Register on January 19, 1989 (54 FR 2214-2225), as 
revised by a July 10, 1995, memorandum from Ms. Mary Nichols, Assistant 
Administrator for Air and Radiation. The Office of Management and 
Budget has exempted this regulatory action from Executive Order 12866 
review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. See 46 FR 
8709. Small entities include small businesses, small not-for-profit

[[Page 14334]]

enterprises, and governmental entities with jurisdiction over 
populations of less than 50,000.
    The SIP approvals under section 110 and subchapter I, part D of the 
Act do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on small entities. Moreover, due to the 
nature of the Federal-State relationship under the Act, preparation of 
a regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of State action. The Act forbids EPA from 
basing its actions concerning SIPs on such grounds. Union Electric Co. 
v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section 
7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, the EPA must prepare a budgetary 
impact statement to accompany any proposed or final rule that includes 
a Federal mandate that may result in estimated costs to State, local, 
or tribal governments in the aggregate; or to private sector, of $100 
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
preexisting requirements under State or local law, and imposes no new. 
Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in the 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petition for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 27, 1997. Filing a petition for 
reconsideration of this final rule by the Regional Administrator does 
not affect the finality of this rule for purposes of judicial review; 
nor does it extend the time within which a petition for judicial review 
may be filed, or postpone the effectiveness of this rule. This action 
may not be challenged later in proceedings to enforce its requirements. 
See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
General conformity, Hydrocarbons, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Volatile organic compounds.

    Dated: March 4, 1997.
Jerry Clifford,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart GG--New Mexico

    2. Section 52.1620 is amended by adding paragraph (c)(65) to read 
as follows:


Sec. 52.1620  Identification of plan.

* * * * *
    (c) * * *
    (65) A revision to the New Mexico State Implementation Plan: New 
Mexico Administrative Code Title 20 Chapter 2 Part 98 ``Conformity of 
General Federal Actions to the State Implementation Plan'', as adopted 
on June 14, 1996, by the New Mexico Environmental Board, and filed with 
the State Records Center on June 19, 1996, was submitted by the 
Governor on July 18, 1996.
    (i) Incorporation by reference.
    (A) New Mexico Administrative Code Title 20 Chapter 2 Part 98 
``Conformity of General Federal Actions to the State Implementation 
Plan'', as adopted on June 14, 1996, filed with the State Records 
Center on June 19, 1996, and effective on August 2, 1996.

[FR Doc. 97-7692 Filed 3-25-97; 8:45 am]
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