[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32339-32341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16023]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NM-23-1-7101a; FRL-5500-7]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Supplement to the New Mexico State Implementation Plan
(SIP) to Control Air Pollution in Areas of Bernalillo County Designated
Nonattainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves a revision to the SIP consisting of the
``October 12, 1994, Supplement to the New Mexico State Implementation
Plan to Control Air Pollution in Area(s) of Bernalillo County
Designated Nonattainment''. This revision updates the narrative portion
of the previously approved April 14, 1993, Supplement to the New Mexico
SIP to Control Air Pollution in Areas of Bernalillo County Designated
Nonattainment (see the December 21, 1993 Federal Register to reflect
EPA's approval for lifting the construction ban in Bernalillo County.
The construction ban was put in place by the Governor of New Mexico on
May 20, 1980. The ban was repealed by EPA approval effective May 16,
1994, and appearing in the March 16, 1994 Federal Register.
DATES: This action is effective on August 23, 1996, unless notice is
postmarked by July 24, 1996 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Comments should be mailed to Jole C. Luehrs, Chief, Air
Permits Section (6PD-R), U.S. EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733. Copies of the State's
[[Page 32340]]
petition and other information relevant to this action are available
for inspection during normal hours at the following locations:
U.S. EPA, Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue,
Suite 700, Dallas, TX 75202-2733.
Air and Radiation Docket and Information Center, U.S. EPA, 401 M
Street, SW., Washington, DC 20460.
City of Albuquerque, Environmental Health Department, One Civic Plaza,
Albuquerque, NM 87103.
Anyone wishing to review this petition at the Region 6 EPA office
is asked to contact the person below to schedule an appointment 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Mr. Samuel R. Mitz, Air Permits
Section (6PD-R), U.S. EPA, Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, telephone (214) 665-8370.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 1993, EPA approved an Albuquerque/Bernalillo County
permit SIP revision which included the April 14, 1993, Supplement to
the New Mexico SIP to Control Air Pollution in Area(s) of Bernalillo
County Designated Nonattainment (58 FR 67326). This Supplement included
a paragraph which stated that upon approval of Albuquerque/ Bernalillo
County Air Quality Control Regulations (AQCR) 20 (Authority-to-
Construct Permits), 29 (Prevention of Significant Deterioration) and 32
(Construction Permits for Nonattainment Areas) and the accompanying SIP
supplements, there would be no need to continue the Governor's
construction moratorium of May 20, 1980, which appeared in 40 Code of
Federal Regulations (CFR) 52.1620(e)(18).
On December 21, 1993, EPA approved revised AQCRs 29 and 32. On
March 16, 1994, EPA approved AQCR 20, which brought the Albuquerque/
Bernalillo County New Source Review permitting program up to date and
provided for the revocation of the construction ban for Albuquerque
County. In response, on October 12, 1994, the State of New Mexico
adopted a revised Supplement to the New Mexico State Implementation
Plan to Control Air Pollution in Area(s) of Bernalillo County
Designated Nonattainment, which noted the repeal of the construction
moratorium.
Final Action
The EPA is approving the revised New Mexico SIP narrative entitled
October 12, 1994 Supplement to the New Mexico State Implementation Plan
to Control Air Pollution in Area(s) of Bernalillo County Designated
Nonattainment, which acknowledges the repeal of the construction
moratorium of May 20, 1980.
The EPA is publishing this action without prior proposal because
EPA views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
unless adverse or critical comments be filed. This action will be
effective August 23, 1996, unless adverse or critical comments are
postmarked by July 24, 1996. If 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 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 August 23, 1996.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, under 5 U.S.C. 605(b), 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 enterprises, and governmental entities with
jurisdiction over populations of less than 50,000. SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act (CAA) 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 CAA, preparation of a
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of State action. The CAA 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.
7410(a)(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 August 23, 1996. Filing a petition for
reconsideration of this final rule by the 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)).
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.
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 SIP or plan revision approved in this
action, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 110 of the CAA.
The rules and commitments approved in this action 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 and commitments being approved by this action will
impose or lead to the imposition of any mandate upon the State, local,
or tribal governments, either as the owner or operator of a source or
as a regulator, or would impose or lead to the imposition of any
mandate upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these requirements
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
Therefore, EPA has determined that this final 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.
[[Page 32341]]
Office of Management and Budget (OMB) review
This action has been classified as a Table 3 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 Mary Nichols, Assistant Administrator
for Air and Radiation. The OMB has exempted this regulatory action from
Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Nonattainment areas.
Dated: April 11, 1996.
Lynda F. Carroll,
Acting Regional Administrator.
40 CFR part 52 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)(61) to read
as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
(61) A revision to the New Mexico SIP to udpate the Supplement to
the New Mexico State Implementation Plan to Control Air Pollution in
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's
approval for lifting the construction ban in Bernalillo County,
superseding the supplement dated April 14, 1993.
(i) Incorporation by reference.
(A) October 12, 1994 Supplement to the New Mexico State
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air Quality Control Board on November 9, 1994.
[FR Doc. 96-16023 Filed 6-21-96; 8:45 am]
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