Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County Carbon Monoxide Contingency Measures

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NM-20-1-6216; FRL-4879-5]

Approval and Promulgation of Air Quality Implementation Plans;

New Mexico; Albuquerque/Bernalillo County Carbon Monoxide Contingency

Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves a revision to the New Mexico State

Implementation Plan (SIP) addressing carbon monoxide (CO) contingency

measures and a proposed clean fuel vehicle fleet demonstration project

for Albuquerque/Bernalillo County, outside the boundaries of Indian

lands. The CO contingency measures constitute one of the required

elements of the complete Albuquerque/Bernalillo County CO SIP.

DATES: This final rule will become effective on July 5, 1994 unless

notice is received by June 6, 1994 that someone wishes to submit

adverse or critical comments. If the effective date is delayed, timely

notice will be published in the Federal Register (FR).

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office

listed below. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations. 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.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch

(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202.

U.S. Environmental Protection Agency, Air and Radiation Docket and

Information Center, 401 M Street, SW., Washington, DC 20460.

Albuquerque Environmental Health Department, The City of

Albuquerque, One Civic Plaza Northwest, P.O. Box 1293,Albuquerque, New

Mexico 87103.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather, Planning Section (6T-

AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, Dallas,

Texas 75202-2733, telephone (214) 655-7258.

SUPPLEMENTARY INFORMATION:

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 Clean Air Act (CAA), upon

enactment of the Clean Air Act Amendments (CAAA) of 1990.1 Please

reference 56 FR 56694 (November 6, 1991) and 57 FR 13498 and 13529

(April 16, 1992). The air quality planning requirements for moderate CO

nonattainment areas with a design value less than or equal to 12.7 ppm.

are set out in subparts one and three of part D, title I of the CAA.

Subpart one contains provisions generally applicable to all

nonattainment areas, and subpart three contains provisions specifically

applicable to CO nonattainment areas.

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\1\The CAAA of 1990 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 National Ambient Air Quality Standards

(NAAQS) (see Public Law No. 101-549, 104 Stat. 2399). References

herein are to the CAA as amended in 1990, 42 U.S.C. 7401 et seq.

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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 CAA requirements due on November 15, 1992. This

submittal included the 1990 base year CO emissions inventory, the

oxygenated fuels program, and the winter woodburning program. On

November 29, 1993, the EPA published the final approval of the

emissions inventory, oxygenated fuels program, and the winter

woodburning program (58 FR 62535).

This action approves CO contingency measures for Albuquerque/

Bernalillo County, submitted to the EPA by the Governor of New Mexico

by cover letter dated November 12, 1993. This submittal satisfies the

requirement, as per section 172(c)(9) of the CAA, that all

nonattainment area SIPs must contain contingency measures (due November

15, 1993) that are to be implemented if the area fails to make

reasonable further progress (RFP) or to attain the applicable National

Ambient Air Quality Standards (NAAQS) by the applicable date. The

contingency measures are to be implemented immediately after the EPA

determines failure of RFP or attainment of the applicable NAAQS,

without further action by the State or the EPA.

Analysis of City/County Submission

A. Procedural Background

The CAA requires States to observe certain procedural requirements

in developing implementation plans for submission to the EPA. Section

110(a)(2) of the CAA provides that each implementation plan submitted

by a State must be adopted after reasonable notice and public hearing

(see also section 110(l) of the CAA). Also, the EPA must determine

whether a submittal is complete, and therefore warrants further EPA

review and action (see section 110(k)(1) and 57 FR 13565). The EPA's

completeness criteria for SIP submittals are set out at 40 CFR part 51,

appendix V. The EPA attempts to make completeness determinations within

60 days of receiving a submission. However, a submittal is deemed

complete by operation of law if a completeness determination is not

made by the EPA six months after receipt of the submission.

After providing adequate notice, the City of Albuquerque held a

public hearing on October 13, 1993, to entertain public comment on

proposed revisions to the CO SIP narrative, and on proposed revisions

to Regulation 35 addressing CO contingency measures, entitled

Alternative Fuels. Public comments were received and adequately

addressed by the City/County. Following the public hearings, the

revisions to the CO SIP narrative and to Regulation 35 were adopted by

the Albuquerque/Bernalillo County Air Quality Control Board, and

submitted as a SIP revision to the EPA by cover letter from the

Governor dated November 12, 1993.

The SIP revision was reviewed by the EPA to determine completeness

shortly after its submittal, in accordance with the completeness

criteria referenced above. A letter datedDecember 27, 1993, was

forwarded to the Governor indicating the completeness of the submittal

and the next steps to be taken in the review process.

B. Review of CO Contingency Measures

Albuquerque/Bernalillo County filed revisions to Regulation 35 with

the State of New Mexico Records and Archives Center on November 10,

1993. Regulation 35 contains the oxygenated fuel provisions for

Albuquerque/Bernalillo County. The revisions being approved in this

action consist of the implementation of a more stringent oxygenated

fuels program in Bernalillo County beginning November 1, 1996, if the

County does not achieve attainment of the CO NAAQS by December 31, 1995

(i.e., one or more quality assured violations of the CO NAAQS are

recorded in calendar years 1994 and/or 1995). Specifically, the

revisions would require gasoline sold in Bernalillo County during the

winter control period (November 1 to the end of February) to contain

not less than 3.0% oxygen by weight for ethanol blends. The current

program requires not less than 2.7% oxygen by weight for all blends. In

addition, the revisions mandate that as a contingency measure, all

oxygenated fuel would be blended prior to removal by tank truck from

primary supply points (such as refineries and terminals).

C. Review of Proposed Clean Fuel Vehicle Fleet Demonstration Project

The City/County also included in the November 12, 1993, submittal,

a proposed demonstration project to convert certain fleet vehicles

(select medium and heavy duty passenger vans) to alternative fuel use

(e.g., compressed natural gas, electricity). The City/County included a

description of this proposed demonstration project in the revisions to

the CO SIP narrative. The proposed project is expected to show air

quality benefits (e.g., CO tailpipe emission reductions) and fuel cost

savings for natural gas conversions. The EPA in this action is

approving the revisions to the Albuquerque/Bernalillo County CO SIP

narrative to include the proposed clean fuel vehicle fleet

demonstration project discussed above. It is important to note that the

proposed clean fuel vehicle fleet demonstration project is not required

by the EPA, and is not being approved as a contingency measure in the

Albuquerque/Bernalillo County, New Mexico, SIP. The approval of the

revised CO SIP narrative acknowledges that the City/County is taking

its own initiative in exploring means of obtaining additional, but

undefined, CO emission reductions.

Final Action

This action approves a revision to the New Mexico SIP to include

for Albuquerque/Bernalillo County, outside the boundaries of Indian

lands: (1) CO contingency measures; and (2) a proposed clean fuel

vehicle fleet demonstration project. The CO contingency measures

constitute one of the required elements of the complete Albuquerque/

Bernalillo County CO SIP.

The EPA has reviewed these revisions to the New Mexico SIP and is

approving them as submitted. The EPA is publishing this action without

prior proposal because the Agency views this as a noncontroversial

amendment and anticipates no adverse comments. This action will be

effective July 5, 1994 unless, by June 6, 1994, notice is received that

adverse or critical comments will be submitted.

If such notice is received, this action will be withdrawn before

the effective date by publishing two subsequent documents. One document

will withdraw the final action, and another will begin a new rulemaking

by announcing a proposal of the action and establishing a comment

period. If no such comments are received, the public is advised that

this action will be effective July 5, 1994.

Miscellaneous

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, 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.

SIP approvals under section 110 and subchapter I, part D, of the

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 any small entities affected. 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 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. 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 July 5, 1994. 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).)

Executive Order

This action has been classified as a table two action by the

Regional Administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225), as revised by an

October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. A future document will inform the

general public of these revised tables. On January 6, 1989, the Office

of Management and Budget (OMB) waived table two and three SIP revisions

(54 FR 2222) from the requirements of section 3 of Executive Order

12291 for a period of two years. The EPA has submitted a request for a

permanent waiver for table two and three SIP revisions. The OMB has

agreed to continue the waiver until such time as it rules on the EPA's

request. This request continues in effect under Executive Order 12866

which superseded Executive Order 12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations.

Note: Incorporation by reference of the SIP for the State of New

Mexico was approved by the Director of the Federal Register on July

1, 1982.

Dated: April 20, 1994.

A. Stanley Meiburg,

Acting Regional Administrator (6A).

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)(57) to read

as follows:

Sec. 52.1620 Identification of plan.

* * * * *

(c) * * *

(57) A revision to the New Mexico SIP addressing CO contingency

measures and a proposed clean fuel vehicle fleet demonstration project

for Albuquerque/Bernalillo County, outside the boundaries of Indian

lands, was submitted by the Governor of New Mexico by cover letter

dated November 12, 1993.

(i) Incorporation by reference.

(A) Albuquerque/Bernalillo County Regulation Number 35-Alternative

Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1);

Section 35.03, ``Oxygenated Fuels Procedures Manual;'' and Section

35.06, ``Contingency Measures,'' as filed with the State Records and

Archives Center on November 10, 1993.

(ii) Additional material.

(A) November 12, 1993, narrative plan addressing the Albuquerque/

Bernalillo County CO nonattainment area, including the proposed clean

fuel vehicle fleet demonstration project.

[FR Doc. 94-10757 Filed 5-4-94; 8:45 am]

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