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

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 The ban was repealed by EPA approval effective May 16,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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