[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Rules and Regulations]
[Pages 48407-48409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NM29-1-7272a; FRL-5549-9]
Approval and Promulgation of Implementation Plan for New Mexico--
Albuquerque/Bernalillo County: General Conformity Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves the Albuquerque/Bernalillo County State
Implementation Plan (SIP) revision that contains regulations for
implementing and enforcing the general conformity rules which the EPA
promulgated on November 30, 1993 (58 FR 63214). Specifically, the
general conformity rules enable the Albuquerque/Bernalillo County Air
Quality Control Board 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 SIP's submitted for the nonattainment and maintenance areas
within the boundary 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 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 approved the Albuquerque/
Bernalillo County transportation conformity SIP on November 8, 1995 (60
FR 56241).
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 November 12, 1996, unless adverse or
critical comments are received by October 15, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the Albuquerque/Bernalillo County 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, S.W., Washington, D.C. 20460.
Air Pollution Control Division, Albuquerque Environmental Health
Department, One Civic Plaza, Albuquerque, New Mexico 87103, Telephone:
(505) 768-2600.
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 Avenue, Dallas,
Texas 75202, telephone (214) 665-7247.
SUPPLEMENTARY INFORMATION:
I. Background
Conformity provisions first appeared in the Act as amended in 1977
(Pub. L. 95-95). Although these provisions did not define conformity,
they provided that no Federal department could engage in, support in
any way or provide financial assistance for, license or permit, or
approve any activity which did not conform to a SIP that has been
approved or promulgated for the nonattainment or maintenance areas.
The 1990 Amendments of the Act expanded the scope and content of
the conformity provisions by defining conformity to an implementation
plan. Conformity is defined in section 176(c) of the Act 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
[[Page 48408]]
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 (Albuquerque/Bernalillo County)
Submission
In response to the Federal Register notice of November 30, 1993,
the Governor of New Mexico submitted a SIP revision which included the
general conformity rules adopted by the Albuquerque/Bernalillo County
Air Quality Control Board. Currently, the Albuquerque/Bernalillo area
is nonattainment for carbon monoxide and has requested redesignation to
attainment; however, the general conformity SIP revision is applicable
to all nonattainment and maintenance classifications under the Act. The
following paragraphs present the results of EPA's review and evaluation
of the Albuquerque/Bernalillo County nonattainment area SIP revision.
The Albuquerque Environmental Health Department (AEHD) is the lead
air agency for SIP development, adoption, and enforcement in the
Bernalillo County carbon monoxide nonattainment area. The New Mexico
Air Quality Control Act (NMAQCA) allows, by ordinance, ``A'' class
counties (as defined in the New Mexico statute) and any municipality
within an ``A'' class county to create a municipal, county, or joint
air quality board to administer and enforce the provisions of the
NMAQCA. The City of Albuquerque and Bernalillo County have jointly
established such a board, namely Albuquerque/Bernalillo County Air
Quality Control Board, for administration and enforcement of NMAQCA
because Bernalillo County is an ``A'' class county. The AEHD is the
regulatory and administrative agency for implementing and enforcing the
air quality control regulations of the Board in the Bernalillo County
nonattainment area.
On December 19, 1994, the Governor of New Mexico submitted a SIP
revision on behalf of the Albuquerque/Bernalillo County Air Quality
Control Board in compliance with 40 CFR part 51 subpart W that contains
the general conformity rules. The SIP revision was adopted by the Board
on November 9, 1994, after appropriate public participation and
interagency consultation. The AEHD adopted 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 Bernalillo County nonattainment area.
The EPA has determined that AEHD's general conformity rule meets the
Federal requirements and EPA is approving this SIP revision.
III. Final Action
The EPA is approving the general conformity SIP revision for the
Albuquerque/Bernalillo County nonattainment area as submitted by the
Governor of New Mexico on December 19, 1994. The EPA has evaluated this
SIP revision and has determined that Albuquerque/Bernalillo County
nonattainment area 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 Albuquerque Environmental Health Department at the
local level.
The EPA is publishing this action without prior 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 proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective November 12, 1996, unless adverse or critical comments
concerning this action are submitted and postmarked by October 15,
1996. 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 November 12, 1996.
IV. Administrative Requirements
A. 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 (5 U.S.C. 603 and 604).
Alternatively, under 5 U.S.C. 605(b), 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 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 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).
B. Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995, signed into law on March 22, 1995, the 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 sections 110 and 176 of
the Clean Air Act. 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
[[Page 48409]]
of any mandate upon the private sector, the 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, the 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.
C. 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 today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
D. Procedural Information
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.
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 November 12, 1996. 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)).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
General conformity, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Volatile organic compounds.
Dated: July 24, 1996.
Allyn M. Davis,
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)(60) to read
as follows:
Sec. 52.1620 Identification of Plan.
* * * * *
(c) * * *
(60) A revision to the New Mexico State Implementation Plan for
General Conformity: Albuquerque/Bernalillo County Air Quality Control
Regulation No. 43 ``General Conformity'' as adopted on November 9,
1994, and filed with the State Records and Archives Center on December
16, 1994, was submitted by the Governor on December 19, 1994.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
No. 43 ``General Conformity'' as adopted on November 9, 1994, and filed
with the State Records and Archives Center on December 16, 1994.
[FR Doc. 96-23267 Filed 9-12-96; 8:45 am]
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