[Federal Register Volume 75, Number 28 (Thursday, February 11, 2010)]
[Rules and Regulations]
[Pages 6813-6816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2792]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / 
Rules and Regulations

[[Page 6813]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0569; FRL-9112-1]


Approval of Air Quality Implementation Plans; New Mexico; 
Albuquerque/Bernalillo County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) submitted by the Governor of New Mexico on May 24, 2006. The 
revisions address Title 20 of the New Mexico Administrative Code, 
Chapter 11, Part 102 (denoted 20.11.102 NMAC), which apply to 
oxygenated fuels in the Albuquerque/Bernalillo County area. The 
revisions include editorial and substantive changes that clarify the 
requirements under 20.11.102 NMAC. We are approving these revisions in 
accordance with the requirements of section 110 of the Clean Air Act 
(the Act).

DATES: The Direct final rule will be effective April 12, 2010 without 
further notice unless EPA receives adverse comments by March 15, 2010. 
If adverse comments are received, EPA will publish a timely withdrawal 
of the direct final rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Submit comments, identified by Docket ID number EPA-R06-OAR-
2006-0569, by one of the following methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions.
    <bullet> U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
    <bullet> E-mail: Mr. Guy Donaldson at <a href="/cdn-cgi/l/email-protection#3d5952535c51594e5253135a48447d584d5c135a524b"><span class="__cf_email__" data-cfemail="43272c2d222f27302c2d6d24363a032633226d242c35">[email protected]</span></a>. Please 
also send a copy by email to the persons listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    <bullet> Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7242.
    <bullet> Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    <bullet> Hand or Courier Delivery: Mr. Guy Donaldson, Chief, 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 a.m. and 4 p.m. weekdays except 
legal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Instructions: Please include the text ``Public comment on Docket ID 
number EPA-R06-OAR-2006-0569'' in the subject line of the first page of 
your comments. 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 e-mail that you consider to be 
CBI or otherwise protected from disclosure. The http://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 e-mail comment 
directly to EPA without going through http://www.regulations.gov, your 
e-mail 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 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 
whose disclosure 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 legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a fee of 15 cents 
per page for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection (during 
official business hours by appointment) at the City of Albuquerque, 
Environmental Health Department, One Civic Plaza, Albuquerque, New 
Mexico 87102.

FOR FURTHER INFORMATION CONTACT: Inquiries on this rulemaking should be 
directed to Ms. Carrie Paige, Air Planning Section (6PD-L), 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733, telephone (214) 665-6521; fax number 214-665-
7263; e-mail address <a href="/cdn-cgi/l/email-protection#2f5f4e46484a014c4e5d5d464a6f4a5f4e01484059"><span class="__cf_email__" data-cfemail="a5d5c4ccc2c08bc6c4d7d7ccc0e5c0d5c48bc2cad3">[email protected]</span></a> or Mr. Bill Deese, Air 
Planning Section (6PD-L), Environmental Protection Agency, Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 
665-7253; fax number 214-665-7263; e-mail address 
<a href="/cdn-cgi/l/email-protection#4b2f2e2e382e653c222727222a260b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="8de9e8e8fee8a3fae4e1e1e4ece0cde8fdeca3eae2fb">[email protected]</span></a>.

[[Page 6814]]


SUPPLEMENTARY INFORMATION: In this document, ``we,'' ``our,'' and 
``us'' means EPA.

Outline

I. What Action Is EPA Taking?
II. Background
III. Summary of Changes to the New Mexico SIP
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    Today we are approving revisions to the New Mexico SIP, submitted 
by the Governor of New Mexico on May 24, 2006. The revisions address 
20.11.102 NMAC, which apply to the Oxygenated Fuels program in the 
Albuquerque/Bernalillo County area. The revisions include editorial and 
substantive changes that clarify the requirements under 20.11.102 NMAC; 
the deletion of an obsolete procedures manual and references to it; and 
the addition of language from the deleted procedures manual to address 
inventory, recordkeeping, sampling and analysis procedures, and 
enforcement. We are approving these revisions in accordance with the 
requirements of section 110 of the Act.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on April 12, 2010 
without further notice unless we receive relevant adverse comment by 
March 15, 2010. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

II. Background

    The SIP is a set of air pollution regulations, control strategies, 
and technical analyses developed by the state to ensure that the state 
meets the National Ambient Air Quality Standards (NAAQS). These ambient 
standards are established under section 109 of the Act and they 
currently address six criteria pollutants: carbon monoxide, lead, 
nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The 
SIP is required by Section 110 of the Act and can be extensive, 
containing state regulations or other enforceable documents and 
supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.
    The Albuquerque/Bernalillo County area was designated as a moderate 
nonattainment area for carbon monoxide (CO) on November 6, 1991 (see 56 
FR 56694). As a moderate nonattainment area for CO, the area had to 
meet several new requirements, one of which was to implement an 
oxygenated fuels (oxyfuels) program, to reduce emissions of CO in 
automobile exhaust. The Albuquerque/Bernalillo County area oxyfuels 
program was submitted by the state and subsequently approved by EPA on 
November 29, 1993 (58 FR 62535). On April 14, 1995, the Governor of New 
Mexico submitted a request to EPA to redesignate to attainment the 
Albuquerque/Bernalillo County CO nonattainment area, which we approved 
on June 13, 1996 (61 FR 29970). On July 21, 2005,\1\ we approved 
revisions to the New Mexico SIP pertaining to the second 10-year carbon 
monoxide (CO) maintenance plan for the Albuquerque/Bernalillo County 
area, including revisions to 20.11.102 NMAC, which address the oxyfuels 
program.
---------------------------------------------------------------------------

    \1\ See 70 FR 41963.
---------------------------------------------------------------------------

    The May 24, 2006 submittal incorporates additional revisions to 
20.11.102 NMAC. The rules in this submittal were promulgated in 
compliance with the NM Air Quality Control Act and Albuquerque/
Bernalillo County Air Quality Control Board (AQCB) ordinances, 
published in the New Mexico Register, the official state publication 
for rulemaking actions, and submitted in accordance with the 
requirements in 40 CFR part 51. For more detail, see the 2006 submittal 
in the docket for this rulemaking and our Technical Support Document 
(TSD), also in the docket.

III. Summary of Changes to the New Mexico SIP

A. 20.11.102.2, Scope

    Revisions to this section include nonsubstantive revisions and the 
inclusion of language that excepts Indian lands from the scope of the 
rule. This exception is appropriate as neither the City of Albuquerque 
nor Bernalillo County have jurisdiction over Indian lands.

B. 20.11.102.3, Statutory Authority

    Revisions to this section include clarifying edits and corrections 
to references to state and county rules that provide authority to adopt 
rules. These revisions are not substantive and update statutory and 
regulatory authority provisions.

C. 20.11.102.7, Definitions

    Revisions to this section include clarifying edits, inserting the 
correct formula for the molecular composition of ethanol, and removing 
a reference to the oxygenated fuels procedures manual. Two definitions 
were added: ``Vehicle pollution management division'' (VPMD) and 
``Winter pollution season.'' These revisions delete obsolete 
references, identify the department responsible for administering 
20.11.102 NMAC, and identify the beginning and end dates for the annual 
winter pollution season.

D. 20.11.102.9, Savings Clause

    Revisions to this section include clarifying edits and removing 
references to the oxygenated fuels procedures manual. These revisions 
delete obsolete references and are not substantive.

E. 20.11.102.10, Severability

    Revisions to this section provide clarification and are not 
substantive.

F. 20.11.102.11, Documents

    Revisions to this section provide clarification and are not 
substantive.

G. 20.11.102.12, Oxygenated Fuels

    Revisions to this section include clarifying edits, identify the 
annual program duration as the winter pollution season, and delete a 
reference to methyl tertiary butyl ether (MTBE) as an oxygenate 
approved for use in the oxygenated fuels program. The removal of MTBE 
is not a weakening of the SIP, because the rule still specifies 
blending ethanol. This revision merely removes one of the choices 
available to comply with the rule.
    Revisions to this section also add the headings of inventory, 
recordkeeping, sampling, analysis, and enforcement, and delete 
redundant text. The language inserted under each of these headings is 
taken from the old oxygenated fuels procedures manual; references to 
the procedures manual are being removed from the SIP in today's action. 
The 2006 revisions also add labeling provided by the VPMD, rather than 
the retail facility, which provides for a standardized and

[[Page 6815]]

consistent labeling protocol. References to appropriate American 
Society for Testing and Materials (ASTM) methods are provided under the 
heading for analysis. A range of fines and schedule of corrective 
actions, including closure, is added under the heading for enforcement.
    The revisions to 20.11.102.12 NMAC provide more specificity to the 
rules, thus strengthen the SIP.

H. 20.11.102.13, Oxygenated Fuels Procedures Manual

    The 2006 revisions to 20.11.102.13 NMAC revoke the entire section. 
Language relevant to inventory, recordkeeping, sampling, analysis, and 
enforcement was taken from the old procedures manual and inserted into 
the SIP; see paragraph (G) above. By deleting references to the 
procedures manual and incorporating the specific headings and text into 
the SIP, the SIP becomes more comprehensive and straightforward.

I. 20.11.102.14, Contingency Measure

    The current SIP provides for an increase in the minimum oxygen 
content of the fuel, should the area violate the CO NAAQS. The 2006 
revisions delete this language and provide for an increase in the 
minimum oxygen content of the fuel, should the area exceed 85 percent 
of the CO NAAQS. Should the contingency measure be triggered, the 
oxygen content by weight will be increased from 2.7 percent to 3.0 
percent. These revisions to 20.11.102.14 NMAC strengthen the SIP.

IV. Final Action

    We are approving revisions to the New Mexico SIP submitted to EPA 
on May 24, 2006, which address 20.11.102 NMAC and apply to oxygenated 
fuels in the Albuquerque/Bernalillo County area. The revisions include 
editorial and substantive changes that clarify and strengthen 20.11.102 
NMAC, sections 2, 3, 7, and 9-14. The revisions are consistent with the 
Act and EPA policy.

V. 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 action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 rule 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 12, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Reporting and recordkeeping requirements, Volatile Organic Compounds.

    Dated: January 15, 2010.
Al Armendariz,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. The second table in Sec.  52.1620(c) entitled, ``EPA Approved 
Albuquerque/Bernalillo County, NM Regulations,'' is amended by revising 
the entry for part 102 to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *
* * * * *

[[Page 6816]]



                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
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                                                       State approval/
         State citation              Title/subject     effective date    EPA approval date       Explanation
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                                                  * * * * * * *
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   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Part 102 (20.11.102 NMAC).......  Oxygenated Fuels..        12/11/2005  2/11/2010 [Insert    ...................
                                                                         FR page number
                                                                         where document
                                                                         begins].
 
                                                  * * * * * * *
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[FR Doc. 2010-2792 Filed 2-10-10; 8:45 am]
BILLING CODE 6560-50-P


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