[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29970-29973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14968]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[NM 28-1-7312; FRL-5514-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of New Mexico;
Approval of the Vehicle Inspection and Maintenance Program, Emissions
Inventory, and Maintenance Plan; Redesignation to Attainment;
Albuquerque/Bernalillo County, New Mexico; Carbon Monoxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is redesignating to attainment the Albuquerque/Bernalillo
County carbon monoxide (CO) nonattainment area. This action is in
response to a request from the Governor of New Mexico on behalf of the
Albuquerque and Bernalillo County carbon monoxide nonattainment area.
The Governor's request included a revision to the State Implementation
Plan (SIP) for the administration of a vehicle inspection and
maintenance (I/M) program, a 1993 emissions inventory for Albuquerque/
Bernalillo County, and an attainment maintenance plan. On February 16,
1996, the EPA proposed approval of the Albuquerque/ Bernalillo County
I/M program, 1993 periodic emissions inventory, the maintenance plan,
and the request for redesignation, because all met the requirements set
forth in the Clean Air Act (Act). This final action promulgates the
rule, redesignating the area to attainment, and incorporating the
request into the SIP.
EFFECTIVE DATE: July 15, 1996.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
addresses listed below. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least twenty-four hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket Room
M1500), Environmental Protection Agency, 401 M Street SW., Washington,
D. C. 20460
Environmental Protection Agency, Region 6, Air Planning Section (6PD-
[[Page 29971]]
L), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733
Albuquerque Environmental Health Department, Air Pollution Control
Division, One Civic Plaza Room 3023, Albuquerque, New Mexico 87102.
FOR FURTHER INFORMATION CONTACT: Mr. Matthew Witosky, Air Planning
Section (6PD-L), Multimedia Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214)
665-7214.
SUPPLEMENTARY INFORMATION:
I. Background
Albuquerque/Bernalillo County, New Mexico, was designated
nonattainment for CO and classified as moderate with a design value
below 12.7 parts per million (ppm) (specifically 11.1 ppm), under
sections 107(d)(4)(A) and 186(a) of the Act, upon enactment of the
Clean Air Act Amendments (CAAA) of 1990 (the Act).1 Please
reference 56 FR 56694 (November 6, 1991) and 57 FR 13498 and 13529
(April 16, 1992). On November 5, 1992, the Governor of New Mexico
submitted to the EPA a SIP revision for CO concerning Albuquerque/
Bernalillo County that was intended to satisfy the Act's requirements
due on November 15, 1992. The Act outlines certain required items to be
included in CO SIPs. The required items for the Albuquerque/Bernalillo
County CO SIP, due November 15, 1992, included: (1) a comprehensive,
accurate, and current inventory of actual emissions from all sources of
CO in the nonattainment area (sections 172(c)(3) and 187(a)(1) of the
Act); (2) no later than September 30, 1995, and no later than the end
of each three year period thereafter, until the area is redesignated to
attainment, a revised inventory meeting the requirements of sections
187(a)(1) and 187(a)(5) of the Act; (3) a permit program to be
submitted by November 15, 1993, which meets the requirements of section
173 for the construction and operation of new and modified major
stationary sources of CO (section 172(c)(5)); (4) contingency measures
due November 15, 1993, that are to be implemented if the EPA determines
that the area has failed to attain the primary standards by the
applicable date (section 172(c)(9)); (5) a commitment to upgrade and
submit a SIP revision for the I/M program by November 15, 1993,
(section 187(a)(4)); and (6) an oxygenated fuels program (section
211(m)).
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\1\ The Clean Air Act as amended (1990 Amendments) made
significant changes to the air quality planning requirements for
areas that do not meet (or that significantly contribute to ambient
air quality in a nearby area that does not meet) the CO NAAQS (see
Pub. L. No. 101-549, 104 Stat. 2399). References herein are to the
CAAA, 42 U.S.C. sections 7401 et seq.
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Several of these items required to be in the City/County CO SIP
were approved at different times prior to this action. The 1990 base
year inventory, the oxygenated fuels program, and the winter wood
burning program were approved on November 29, 1993, at 58 FR 62535. The
nonattainment New Source Review program was approved on December 21,
1994, at 58 FR 67326. Required contingency measures were approved on
May 5, 1995, at 59 FR 23167. Transportation conformity rules were
approved on November 8, 1995, at 60 FR 56238. This action provides
final approval for the 1993 emissions inventory, the vehicle inspection
and maintenance program, the attainment maintenance plan, and the
maintenance contingency provisions.2 Hence, the City/County has a
completely approved SIP for the purposes of redesignation.
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\2\ The attainment contingency measure approved on May 5, 1995
at 59 FR 23167 would become one of two maintenance contingency
measures through final action on this petition.
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The Albuquerque/Bernalillo County Air Quality Control Board has
ambient monitoring data showing attainment of the CO National Ambient
Air Quality Standards (NAAQS) during the period from 1992 through all
of 1995. Therefore, in an effort to comply with the Act and to ensure
continued attainment of the CO NAAQS, on April 14, 1995, the Governor
of New Mexico submitted a CO redesignation request and a maintenance
plan for the Albuquerque/Bernalillo County area. The redesignation
request and maintenance plan were both approved by the Albuquerque/
Bernalillo County Air Quality Control Board (hereafter referred to as
City/County) after a public hearing held on April 13, 1995.
II. Evaluation of Petition
The Act revised section 107(d)(3)(E) to provide specific
requirements that an area must meet in order to be redesignated from
nonattainment to attainment. The EPA performed a detailed analysis of
the City/County's petition and proposed approval on February 16, 1996
(see 61 FR 6179). The EPA concluded that the City/County had met all
applicable requirements. No comments received during the public comment
period have given the EPA cause to rescind the proposed approval.
Please see the proposed rule and Technical Support Document (TSD) for
the complete analysis.
III. Response to Comments
The EPA received one letter containing adverse comments to the
proposed action.
Comment: The commenter questioned whether the City of Albuquerque
and Bernalillo County would be in attainment if a previously
operational special-purpose monitor were still in place. The commenter
contended that the permanent monitoring network in place does not
accurately reflect air quality in the ``Uptown'' area of the City.
Response: The EPA disagrees with this comment in two respects. The
City/County operates an extensive CO monitoring network that
sufficiently covers the nonattainment area, operating more monitors
than required of cities of equal or greater population and area. All
current monitoring sites meet the siting criteria the EPA uses to
evaluate the location of individual monitors. The network as a whole
also conforms to the current EPA policy and guidance that dictate
coverage and resolution of monitoring data within a given domain to
demonstrate attainment.
The EPA reviewed the comment with the City/County to determine if
air quality analysis had been conducted in the ``Uptown'' area of the
City. The City/County provided documentation and analysis of a
monitoring exercise carried out in the high CO season of 1995. The
City/County deployed two special purpose monitors for 11 days to
discern if a CO ``hot spot'' exists at the intersection nearest the
previous site of the special purpose monitor. Direct monitoring data
showed little possibility that ambient CO concentrations currently
present a problem for human health or the environment. The monitoring
data generated by the special purpose monitor indicate CO levels in
compliance with the national standards. It should be pointed out that
the special purpose monitors were placed to measure the highest
possible concentrations at the locations in question, and CO levels
still remained below national standards. Statistical tests on the
correlation between CO values at the permanent and special purpose
monitors indicate that the monitoring data were representative of air
quality, reasonable and accurate. Hence, the City/County has adequately
ascertained that the existing monitoring network accurately reflects
air quality in the ``Uptown'' area. To review the information provided
by City/County, see the addendum to the Technical
[[Page 29972]]
Support Document (TSD) in the docket file.
Comment: The commenter asserted that efforts of the City of
Albuquerque and Bernalillo County to reduce vehicle-miles travelled
(VMT) in the nonattainment area are inadequate for the City/County to
achieve attainment.
Response: The EPA disagrees that the City/County should be required
to implement additional reductions in VMT to attain the standard. The
main components of the CO control program are the vehicle inspection
and maintenance program, the oxygenated fuels program, the episode
contingency plan, and the new source review permit program. The City/
County has also adopted general and transportation conformity rules
that are also currently being applied. Although the commenter
specifically mentions high occupancy vehicle (HOV) lanes, the use of
mass transit, public education campaigns, and pedestrian and bike
trails, these programs do not constitute the mainstay of the CO control
program, upon which the City/County achieved attainment and requested
redesignation. The main parts of the control program, in conjunction
with other federal programs, have enabled the area to achieve four
years of continuous attainment with the CO standard. Should the main
parts of the program not achieve maintenence of the standard,
contingency measures will be applied without further action by the
City/County to bring the area back into attainment. See the proposed
rule for discussion of the applicable contingency measures.
Comment: The commenter asserted that implementation of the
Intermodal Multimodal Transporation Plan and Transportation Improvement
Program is deficient.
Response: The implementation of the Intermodal Multimodal
Transporation Plan and Transportation Improvement Plans (TIP) are not
under the purview of the EPA. The EPA takes this opportunity to point
out that the U.S. Department of Transportation renders the
determination that the TIP does or does not conform to the SIP, for
transportation planning purposes.
IV. Final Action
The EPA is issuing final approval of the request of the State of
New Mexico and Albuquerque/Bernalillo County to redesignate the
Albuquerque CO nonattainment area to attainment status. The EPA is also
issuing final approval of the vehicle inspection and maintenance
program, the 1993 periodic emissions inventory, and the attainment
maintenance plan. The EPA received and addressed comments on the
proposed approval of all these elements of the complete CO SIP.
This action has been classified as a Table 3 action under the
procedures published in the FR on January 19, 1989 (54 FR 2214-2225),
as revised by a July 10, 1995, memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation. The Office of Management and
Budget has exempted this regulatory action from Executive Order 12866
review.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The EPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Miscellaneous
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,
the EPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities (5 U.S.C.
Secs. 603 and 604). Alternatively, the EPA may certify that the rule
will not have a significant impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and government 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 any small entities
affected. 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 the EPA to base its actions concerning SIPs on
such grounds (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(1976); 42 U.S.C. Sec. 7410(a)(2)).
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 August 12, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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).]
Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 110 of the Act.
These rules may bind State, local and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. To the extent that the rules being approved by this action will
impose no new requirements; such sources are already subject to these
regulations under State law. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action. The EPA has also determined that this action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference.
40 CFR Part 81
Air pollution control, National parks, and Wilderness areas.
Dated: May 15, 1996.
Carol M. Browner,
Administator.
40 CFR Parts 52 and 81 are 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)(63) to read
as follows:
[[Page 29973]]
Sec. 52.1620 Identification of plan.
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(c) * * *
(63) A revision to the New Mexico SIP approving a request for
redesignation to attainment, a vehicle inspection and maintenance
program, and the required maintenance plan for the Albuquerque/
Bernalillo County CO nonattainment area, submitted by the Governor on
May 11, 1995. The 1993 emissions inventory and projections were
included in the maintenance plan.
(i) Incorporation by reference.
(A) A letter from the Governor of New Mexico to EPA dated April 14,
1995, in which the Governor requested redesignation to attainment based
on the adopted Carbon Monoxide Redesignation Request and Maintenance
Plan for Albuquerque/Bernalillo County New Mexico.
(B) Albuquerque/Bernalillo County Air Quality Control Board
Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995
and effective on July 1, 1995.
(ii) Additional material. Carbon Monoxide Redesignation Request and
Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved
and adopted by the Air Quality Control Board on April 13, 1995.
3. Section 52.1627 is revised to read as follows:
Sec. 52.1627 Control strategy and regulations: Carbon monoxide.
Part D Approval. The Albuquerque/Bernalillo County carbon monoxide
maintenance plan as adopted on April 13, 1995, meets the requirements
of Section 172 of the Clean Air Act, and is therefore approved.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart C--Section 107 Attainment Status Designations
2. In Sec. 81.332 the table for ``New Mexico-Carbon Monoxide'' is
amended by revising the entry for the Albuquerque Area Bernalillo
County to read as follows:
Sec. 81.332 New Mexico.
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New Mexico-Carbon Monoxide
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Designation Classification
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Date\1\ Type Date\1\ Type
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Albuquerque Area Bernalillo County.. July 15, 1996.............. Attainment................. ........................... ...........................
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\1\ This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 96-14968 Filed 6-12-96; 8:45 am]
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