Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 45527 

• 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, this proposed rule 

pertaining to NSR requirements for 

PM2.5 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 

in Indian country located in the state, 

and EPA notes that it 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, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 23, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–18800 Filed 7–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0381; FRL–9709–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Requirements for 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review; Fine Particulate Matter (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware on March 14, 2012. This SIP 

revision pertaining to Delaware’s 

Prevention of Significant Deterioration 

(PSD) and nonattainment New Source 

Review (NSR) programs incorporates 

preconstruction permitting 

requirements for fine particulate matter 

(PM2.5) into the Delaware SIP. In 

addition, EPA is proposing to approve 

SIP revisions and portions of SIP 

submissions for the purpose of 

determining that Delaware has met its 

statutory obligations with respect to the 

infrastructure requirements of the Clean 

Air Act (CAA) which relate to 

Delaware’s PSD permitting program and 

are necessary to implement, maintain, 

and enforce the1997 PM2.5 and ozone 

NAAQS, the 2006 PM2.5 NAAQS, and 

the 2008 lead NAAQS. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: Written comments must be 

received on or before August 31, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0381 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0381, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0381. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Gerallyn Duke, (215) 814–2084, or by 

email at duke.gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

45528 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 

EPA. On March 14, 2012, Delaware 

submitted a formal revision to the State 

Implementation Plan (SIP) (the March 

2012 SIP submission). The SIP revision 

consists of amendments to 7 DE Admin. 

Code 1125, ‘‘Requirements for 

Preconstruction Review.’’ This SIP 

revision generally pertains to two 

Federal rulemaking actions regarding 

PM2.5. The first is the ‘‘Implementation 

of the New Source Review (NSR) 

Program for Particulate Matter less than 

2.5 Micrometers (PM2.5)’’ (NSR PM2.5

Rule), which was promulgated on May 

16, 2008 (73 FR 28321). The second is 

the ‘‘Prevention of Significant 

Deterioration (PSD) for Particulate 

Matter less than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC)’’ (PSD PM2.5 Rule), 

which was promulgated on October 20, 

2010 (75 FR 64864). 

Whenever a new or revised NAAQS is 

promulgated, section 110(a) of the CAA 

imposes obligations upon states to 

submit SIP revisions that provide for the 

implementation, maintenance, and 

enforcement of the new or revised 

NAAQS within three years following 

the promulgation of such NAAQS—the 

‘‘Infrastructure SIP’’ revisions. Although 

states typically have met many of the 

basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous particulate matter (PM) 

standards, states (including all the EPA 

Region III states) were still required to 

submit SIP revisions that address 

section 110(a)(2) for the 1997 and 2006 

PM2.5 NAAQS. In addition to the March 

2012 SIP submission, Delaware has 

previously submitted SIP revisions 

addressing requirements set forth in 

CAA section 110(a)(2) for the 1997 and 

2006 PM2.5 NAAQS, as well as the 1997 

ozone and 2008 lead NAAQS. Because 

these SIP submissions addressed 

Delaware’s compliance with CAA 

section 110(a)(2), these SIP submissions 

are referred to as Infrastructure SIP 

submissions. These previous submittals, 

as well as a technical support document 

(TSD), are included in the docket for 

today’s action. The TSD contains a 

detailed discussion of these submittals 

and their relationship to the 

requirements of CAA section 110(a)(2). 

A. Fine Particulate Matter and the 

NAAQS 

On July 18, 1997, EPA revised the 

NAAQS for PM to add new standards 

for fine particles, using PM2.5 as the 

indicator. Previously, EPA used PM10

(inhalable particles smaller than or 

equal to 10 micrometers in diameter) as 

the indicator for the PM NAAQS. EPA 

established health-based (primary) 

annual and 24-hour standards for PM2.5, 

setting an annual standard at a level of 

15 micrograms per cubic meter (mg/m3) 

and a 24-hour standard at a level of 65 

mg/m3 (62 FR 38652). At the time the 

1997 primary standards were 

established, EPA also established 

welfare-based (secondary) standards 

identical to the primary standards. The 

secondary standards are designed to 

protect against major environmental 

effects of PM2.5, such as visibility 

impairment, soiling, and materials 

damage. On October 17, 2006, EPA 

revised the primary and secondary 

NAAQS for PM2.5. In that rulemaking, 

EPA reduced the 24-hour NAAQS for 

PM2.5 to 35 mg/m3 and retained the 

existing annual PM2.5 NAAQS of 15 mg/ 

m3 (71 FR 61236). 

B. Implementation of NSR Requirements 

for PM2.5—the NSR PM2.5 Rule 

On May 16, 2008, EPA finalized the 

NSR PM2.5 Rule to implement the 1997 

PM2.5 NAAQS, including changes to the 

NSR program (73 FR 28321). The 2008 

NSR PM2.5 Rule revised the NSR 

program requirements to establish the 

framework for implementing 

preconstruction permit review for the 

PM2.5 NAAQS in both attainment and 

nonattainment areas. The 2008 NSR 

PM2.5 Rule also established the 

following NSR requirements to 

implement the PM2.5 NAAQS: (1) 

Require NSR permits to address directly 

emitted PM2.5 and precursor pollutants; 

(2) establish significant emission rates 

for direct PM2.5 and precursor pollutants 

(including sulfur dioxide (SO2) and 

oxides of nitrogen (NOX); (3) establish 

PM2.5 emission offsets; and (4) require 

states to account for gases that condense 

to form particles (condensables) in PM2.5

emission limits. 

Additionally, the 2008 final rule 

authorized states to adopt provisions in 

their nonattainment NSR rules that 

would allow major stationary sources 

and major modifications which will be 

located or take place in areas designated 

nonattainment for PM2.5 to offset 

emissions increases of direct PM2.5

emissions or PM2.5 precursors with 

reductions of either direct PM2.5

emissions or PM2.5 precursors in 

accordance with offset ratios contained 

in the approved SIP for the applicable 

nonattainment area. The inclusion, in 

whole or in part, of the interpollutant 

offset provisions for PM2.5 is 

discretionary on the part of the states. In 

the preamble to the 2008 final rule, EPA 

included preferred or presumptive offset 

ratios, applicable to specific PM2.5

precursors that states may adopt in 

conjunction with the new interpollutant 

offset provisions for PM2.5 and for which 

the state could rely on the EPA’s 

technical work to demonstrate the 

adequacy of the ratios for use in any 

PM2.5 non attainment area. 

Alternatively, the preamble indicated 

that states may adopt their own ratios, 

subject to the EPA’s approval, that 

would have to be substantiated by 

modeling or other technical 

demonstrations of the net air quality 

benefit for ambient PM2.5

concentrations. 

The preferred ratios were 

subsequently the subject of a petition for 

reconsideration which the 

Administrator granted. EPA continues 

to support the basic policy that sources 

may offset increases in emissions of 

direct PM2.5 or of any PM2.5 precursor in 

a PM2.5 nonattainment area with actual 

emissions reductions in direct PM2.5 or 

PM2.5 precursors in accordance with 

offset ratios as approved in the SIP for 

the applicable nonattainment area. 

However, we no longer consider the 

preferred ratios set forth in the preamble 

to the 2008 final rule for PM2.5 NSR 

implementation to be presumptively 

approvable. Instead, any ratio involving 

PM2.5 precursors adopted by the state for 

use in the interpollutant offset program 

for PM2.5 nonattainment areas must be 

accompanied by a technical 

demonstration that shows the net air 

quality benefits of such ratio for the 

PM2.5 nonattainment area in which it 

will be applied. 

C. PSD PM2.5 Rule 

On October 20, 2010 (75 FR 64865), 

EPA promulgated the final ‘‘Prevention 

of Significant Deterioration (PSD) for 

Particulate Matter less than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (PSD PM2.5 Rule). That 

rulemaking finalized certain program 

provisions under the regulations to 

prevent significant deterioration of air 

quality due to emissions of PM2.5 (i.e., 

under the PM2.5 PSD regulations). This 

final rule supplemented the final 

implementation rule for PM2.5, known 

as the Clean Air Fine Particle 

Implementation Rule (CAFPIR) that we 

promulgated on April 25, 2007 (72 FR 

20586), and the PM2.5 NSR 

Implementation Rule that we 

promulgated on May 16, 2008 (73 FR 

28321). Together, these three rules 

establish a regulatory framework for 

implementation of a PM2.5 program in 

any area. This final rule established 

increments, SILs, and an SMC for PM2.5

to facilitate ambient air quality 

monitoring and modeling under the PSD 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 45529 

regulations for areas designated 

attainment or unclassifiable for PM2.5. 

D. Infrastructure Requirements Relating 

to Delaware’s PSD Permit Program 

With the addition of the PM2.5

requirements described above, 

Delaware’s nonattainment NSR and PSD 

programs contain all of the emission 

limitations and control measures and 

other program elements required by 40 

CFR 51.165 and 40 CFR 51.166 related 

to the PM2.5 NAAQS. Therefore, we also 

are proposing to approve the March 

2012 SIP submittal and the relevant 

portions of Delaware’s Infrastructure SIP 

submittals relating to the PSD permit 

program requirements under CAA 

sections 110(a)(2)(D)(i)(II) for the 1997 

ozone and PM2.5 NAAQS, the 2006 

PM2.5 NAAQS, and the 2008 lead 

NAAQS. EPA also is proposing to 

approve the relevant portion of 

Delaware’s submittal relating to the PSD 

permit program pursuant to CAA 

section 110(a)(2)(C) and (J) for the 2008 

lead NAAQS. As already noted, the TSD 

for this action contains a detailed 

discussion of the relevant submissions 

and EPA’s rationale for making this 

determination. 

II. Summary of SIP Revision 

The March 2012 SIP revision 

submitted by Delaware consists of 

amendments to 7 DE Admin. Code 1125, 

Requirements for Preconstruction 

Review. The revision fulfills the federal 

program requirements established by 

the 2008 NSR PM2.5 Rule. The 

amendments establish the major source 

threshold, significant emission rate and 

offset ratios for PM2.5, establish NOX and 

SO2 as precursors to PM2.5, and establish 

the allowance for interpollutant trading 

for offsets and NSR applicability to 

PM2.5 precursor pollutants, pursuant to 

the May 2008 NSR PM2.5 Rule. In 

addition, the amendments add 

maximum allowable ambient pollutant 

concentrations (increments) and an 

SMC for PM2.5 pursuant to the October 

2010 PSD PM2.5 Rule. 

The amendments add definitions, in 

Section 1 (General Provisions), for the 

following terms: ‘‘major source baseline 

date,’’ ‘‘condensable particulate matter,’’ 

‘‘direct PM2.5,’’ and ‘‘filterable PM.’’ The 

amendments revise the definitions of 

existing terms ‘‘baseline area,’’ ‘‘baseline 

concentration,’’ ‘‘building, structure, 

facility or installation,’’ ‘‘minor source 

baseline date,’’ and ‘‘significant’’ to 

include the requirements for PM2.5 to 

support the amendments to Chapter 

1125. Section 2.2.5 is added to Chapter 

2.0, Emission Offset Provisions, to 

identify NOX and SO2 as precursors. 

Section 2.4.3.3 is added to allow 

emissions offsets of SO2, NOX or PM2.5

at a 1-to-1 ratio for the same criteria 

pollutants. Section 2.5.7 is added to 

Chapter 2.0 to allow interpollutant 

trading between direct PM2.5 emissions 

and SO2 or NOX emissions using a ratio 

that would be approved by Delaware 

after public review and comment and 

then approved by EPA as a SIP revision. 

Section 3.2 in Chapter 3.0, Prevention of 

Significant Deterioration of Air Quality, 

is modified to establish increments for 

PM2.5. Section 3.7 (Review of Major 

Stationary Sources and Major 

Modifications—Source Applicability 

and Exemptions) is revised at Section 

3.7.7.1 to establish an SMC for PM2.5. No 

other changes to increments or SMCs for 

other regulated NSR pollutants are being 

addressed in this SIP approval. 

The amendments submitted in March 

2012 by Delaware for approval into the 

SIP were adopted by Delaware on 

January 17, 2012 and became effective 

on February 11, 2012. Based upon EPA’s 

review of the revisions submitted by 

Delaware for approval into the SIP, EPA 

finds these revisions to be consistent 

with their Federal counterparts. 

The revisions submitted by the State 

of Delaware to address the new PSD 

requirements for PM2.5 pursuant to the 

EPA’s October 20, 2010 final rule 

include the regulatory text at 40 CFR 

51.166(k)(2), concerning the 

implementation of SILs for PM2.5. (See, 

7 DE Admin. Code 1125 Section 3.9 

(Source Impact Analysis)). We stated in 

the preamble to the 2010 final rule that 

we do not consider the SILs to be a 

mandatory SIP element, but regard them 

as discretionary on the part of 

permitting authority for use in the PSD 

permitting process. Nevertheless, the 

PM2.5 SILs are currently the subject of 

litigation before the U.S. Court of 

Appeals (D.C. Circuit). In response to 

that litigation, the EPA has requested 

that the Court remand and vacate the 

regulatory text in the EPA’s PSD 

regulations at paragraph (k)(2) of section 

51.166 so that the EPA can make 

necessary rulemaking revisions to that 

text. 

In light of EPA’s request for remand 

and vacatur and our acknowledgement 

of the need to revise the regulatory text 

presently contained at paragraph (k)(2) 

of sections 51.166 and 52.21, we do not 

believe that it is appropriate at this time 

to approve that portion of the State’s SIP 

revision that contains the affected 

regulatory text in the State’s PSD 

regulations, specifically new section 3.9 

of 7 DE Admin. Code 1125. Instead, we 

are taking no action at this time with 

regard to that specific provision 

contained in the SIP revision. 

III. Proposed Action 

Based upon EPA’s review of the 

March 14, 2012 submittal, EPA finds the 

revised regulations consistent with their 

Federal counterparts. Only the 

increment portion of the October 20, 

2010 PM2.5 rule is a required PSD 

program element. Therefore, EPA is 

proposing to approve the Delaware SIP 

revision with the exception of the SILs 

as noted earlier, upon which we are 

taking no action. Additionally, in light 

of this SIP revision, EPA is proposing to 

approve the portions of Delaware’s 

December 13, 2007, March 12, 2008, 

September 19, 2008, September 16, 

2009, and April 1, 2010 infrastructure 

SIP submittals which address the 

obligations set forth at CAA section 

110(a)(2)(D)(i)(II) relating to Delaware’s 

PSD permit program for the 1997 PM2.5

and ozone NAAQS as well as for the 

2006 PM2.5 NAAQS. Finally, in light of 

Delaware’s submission dated October 

17, 2011 and the March 2012 SIP 

revision which address the obligations 

set forth at CAA sections 110(a)(2)(C), 

(D)(i)(II) and (J) relating to the 

Delaware’s PSD permit program, EPA is 

proposing to determine that Delaware’s 

SIP meets the statutory obligations 

relating to its PSD permit program set 

forth at CAA sections 110(a)(2)(C), 

(D)(i)(II), and (J) for the 2008 lead 

NAAQS. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

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 

CAA 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 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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

45530 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Proposed Rules 

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, this proposed rule 

pertaining to NSR requirements for 

PM2.5 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 

in Indian country located in the state, 

and EPA notes that it 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, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: July 20, 2012. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–18802 Filed 7–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0695; FRL–9708–3] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County: Motor 

Vehicle Inspection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions from the Governor of New 

Mexico to the State Implementation 

Plan for Air Quality for the City of 

Albuquerque/Bernalillo County area 

pursuant to the Clean Air Act. The 

revision addresses 20.11.100 NMAC, 

Motor Vehicle Inspection, and was 

submitted on July 28, 2011. This 

revision includes addition of emissions 

inspections for 1998 and newer diesel 

vehicles less than 10,001 pounds and all 

gasoline/electric hybrid vehicles; 

changes test frequency for some model 

year vehicles; allows motorists that are 

financially incapable of paying for 

certain repairs to apply for a time 

extension; makes minor test procedure 

changes; codifies certain regulatory 

language from the VPMD Procedures 

Manual into 20.11.100 NMAC; 

reorganizes 20.11.100 NMAC; and 

makes numerous non-substantive 

changes to clarify and improve 

readability of these rules. This action is 

being taken under section 110 of the 

Clean Air Act (the Act). 

DATES: Comments must be received on 

or before August 31, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0695, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

(2) Email: Ms. Sandra Rennie at 

rennie.sandra@epa.gov. 

(3) Fax: Ms. Sandra Rennie, Air 

Planning Section (6PD–L), at fax 

number 214–665–6762. 

(4) Mail: Ms. Sandra Rennie, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

(5) Hand or Courier Delivery: Ms. 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0695. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that 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 http://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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket are 

listed in the http://www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733. The State 

submittal related to this SIP revision, 

which is part of the EPA docket, is also 

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