[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:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions.
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.
E-mail: Mr. Guy Donaldson at [email protected]. Please
also send a copy by email to the persons listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7242.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
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 [email protected] 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
[email protected].
[[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.
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\1\ See 70 FR 41963.
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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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, 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.
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(c) * * *
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[[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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New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
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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