[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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