Rule2022-18534
Air Plan Approval; Albuquerque-Bernalillo County, New Mexico; Excess Emissions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2022
Effective
September 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision from the New Mexico Environment Department (NMED) submitted on October 17, 2016, on behalf of the Albuquerque-Bernalillo County Air Quality Control Board (Air Board). The submittal is in response to the EPA's national SIP call on June 12, 2015, concerning excess emissions during periods of Startup, Shutdown, and Malfunction (SSM). EPA is approving the SIP submittal and finds that the SIP revision corrects the substantial inadequacies identified in the June 12, 2015, SIP call.
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52690-52691]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18534]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0673; FRL-9878-02-R6]
Air Plan Approval; Albuquerque-Bernalillo County, New Mexico;
Excess Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision from the New Mexico Environment
Department (NMED) submitted on October 17, 2016, on behalf of the
Albuquerque-Bernalillo County Air Quality Control Board (Air Board).
The submittal is in response to the EPA's national SIP call on June 12,
2015, concerning excess emissions during periods of Startup, Shutdown,
and Malfunction (SSM). EPA is approving the SIP submittal and finds
that the SIP revision corrects the substantial inadequacies identified
in the June 12, 2015, SIP call.
DATES: This rule is effective on September 28, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0673. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Regional Haze and
SO<INF>2</INF> Section, EPA Region 6 Office, 1201 Elm Street, Suite
500, Dallas, Texas 75270, (214) 665-6691, <a href="/cdn-cgi/l/email-protection#3d6e555c4f135c515c537d584d5c135a524b"><span class="__cf_email__" data-cfemail="3f6c575e4d115e535e517f5a4f5e11585049">[email protected]</span></a>. Out of an
abundance of caution for members of the public and our staff, the EPA
Region 6 office may be closed to the public to reduce the risk of
transmitting COVID-19. Please call or email the contact listed above if
you need alternative access to material indexed but not provided in the
docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our June
13, 2022 (87 FR 35701) proposal. In that document, we proposed to
approve the removal of Part 49 Excess Emissions from the Albuquerque-
Bernalillo County provisions of the New Mexico SIP. We also proposed to
determine that such SIP revision corrects the substantial inadequacies
identified in the June 12, 2015 SIP call.
II. Response to Comments
The public comment period for our proposed approval and
determination ended on July 13, 2022, and no adverse comments were
received. We received one comment supporting the action and urged EPA
to take action on a separate SIP submittal concerning 20.2.7 NMAC
Excess Emissions of the New Mexico SIP.
We acknowledge the support for our proposal and note that while
20.2.7 NMAC (Part 7 Excess Emissions) of the New Mexico SIP was not the
subject of our June 13, 2022 (87 FR 35701) proposal, the EPA intends to
fulfill its obligations under the terms of a consent decree for taking
action on the New Mexico SIP submittal concerning 20.2.7 NMAC.\1\ As no
concerns were raised in public comment, we are finalizing our action as
proposed.
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\1\ See Consent Decree resolving Sierra Club et al. v. Regan
(Case No. 4:21-CV-6956-SBA, N.D. Calif.).
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III. Final Action
The EPA is approving a revision to the Albuquerque-Bernalillo
County provisions of the New Mexico SIP submitted on October 17, 2016,
in response to the EPA's national SIP call of June 12, 2015, concerning
excess emissions during periods of SSM. More specifically, we are
approving the removal of Part 49 Excess Emissions from the Albuquerque-
Bernalillo County provisions of the New Mexico SIP. We are approving
these revisions in accordance with section 110 of the Act. EPA is also
determining that the SIP revision corrects the inadequacies identified
in the June 12, 2015 SIP call.
IV. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to
[[Page 52691]]
mean that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \2\
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\2\ <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
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EPA provided additional analysis of environmental justice
associated with this action for the purpose of providing information to
the public in our June 13, 2022 (87 FR 35701) proposal. As discussed in
the proposed action, this action is intended to ensure that all
communities and populations across Bernalillo County and downwind
areas, including people of color and low-income and indigenous
populations overburdened by pollution, receive the full human health
and environmental protection provided by the CAA through the removal of
affirmative defense provisions that have interfered with the
enforcement structure of the CAA by raising inappropriate impediments
to enforcement by states, the EPA, or citizens. We therefore determine
that this rule will not have disproportionately high or adverse human
health or environmental effects on communities with environmental
justice concerns.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is removing the incorporation by reference of the
``20.11.49 NMAC'' in 40 CFR 52.1620, as described in the Final Action
above. The EPA has made, and will continue to make, these materials
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for removal from the SIP, have been removed from
incorporation by reference by EPA into that plan, are no longer
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and
incorporation by reference will be removed in the next update to the
SIP compilation.
VI. Statutory and Executive Order Reviews
Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders 12866 (58 FR
51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 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).
Consistent with the EPA Policy on Consultation and Coordination with
Indian Tribes (May 4, 2011), the EPA offered consultation (by letter
dated June 6, 2022) on our proposed rulemaking to tribal governments
that may be affected by this action. We received no requests for tribal
consultation.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 28, 2022. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 23, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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
Sec. 52.1620 [Amended]
0
2. Amend Sec. 52.1620(c) in the second table titled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' by removing the entry
for ``Part 49 (20.11.49 NMAC)''.
[FR Doc. 2022-18534 Filed 8-26-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on August 29, 2022.
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