[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Rules and Regulations]
[Page 14731-14734]
[DOCID:fr01ap09-10]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0509; FRL-8788-8]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque/Bernalillo County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve a revision to the
New Mexico Albuquerque/Bernalillo County State Implementation Plan
(SIP). This revision replaces Regulation 8, Airborne Particulate
Matter, with New Mexico Administrative Code (NMAC), 20.11.20, Fugitive
Dust Control. This rulemaking action is being taken under section 110
of the Clean Air Act (CAA).

DATES: This rule is effective on June 1, 2009 without further notice,
unless EPA receives adverse comment by May 1, 2009. If EPA receives
such comment, EPA will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2008-0509, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand Delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2008-0509. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless

the comment includes information claimed to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through http://www.regulations.gov or e-mail. The
http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 am and 4:30 pm weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    The City of Albuquerque, Environmental Health Department, One Civic
Plaza, Albuquerque, NM, 87102.

FOR FURTHER INFORMATION CONTACT: Joe Kordzi, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-7263; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Evaluation of the Albuquerque Fugitive Dust Control Rule
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The Albuquerque/Bernalillo County Air Quality Control Board (AQCB)
is the federally delegated air quality authority for Albuquerque and
Bernalillo County. The AQCB is authorized to administer and enforce the
CAA and the New Mexico Air Quality Control Act, and to require local
air pollution sources to comply with air quality standards.
    EPA approved the AQCB's Rule 8, Airborne Particulate Matter, on
February 23, 1993 (58 FR 10970). The AQCB revised this regulation with
NMAC 20.11.20, Airborne Particulate Matter, in 1996. The AQCB later
substantially revised NMAC 20.11.20 on January 14, 2004, and renamed it
``Fugitive Dust Control.'' On September 7, 2004, the Governor of New
Mexico submitted a SIP revision requesting that EPA revise the New
Mexico Albuquerque/Bernalillo County SIP by replacing Regulation 8 with
NMAC 20.11.20, Fugitive Dust Control. The AQCB later requested that
this SIP submission be placed on hold, anticipating that NMAC 20.11.20
would again be revised. Subsequently, on April 3, 2008, the Governor of
New Mexico submitted a SIP revision with the newly revised NMAC
20.11.20.

II. What did the state submit and how did we evaluate it?

    The AQCB's SIP revision package included (1) Regulation 8, Airborne
Particulate Matter; (2) NMAC 20.11.20, Fugitive Dust Control; (3)
documents associated with a public hearing and a public meeting
conducted on February 13, 2008; (4) evidence that legal notices were
published in the local newspaper and the New Mexico Register, and (5)
evidence NMAC 20.11.20, Fugitive Dust Control was filed with the New
Mexico State Records Center on February 15, 2008.
    NMAC 20.11.20, Fugitive Dust Control has a number of changes over
Regulation 8, Airborne Particulate Matter, that will enable the City of
Albuquerque Air Quality Division to improve its ability to address
particulate matter emissions. In general, NMAC 20.11.20, Fugitive Dust
Control is designed to capture all sources of fugitive dust, in
contrast to Regulation 8, which targeted industrial and commercial
activities. Examples of the improvements incorporated into NMAC
20.11.20, Fugitive Dust Control include the following:
     The use of reasonably available control measures
identified in the regulation, or other effective control measures to
prevent or abate fugitive dust leaving a property where human actions
may or will generate fugitive dust.
     The stabilization of new and existing unpaved roadways and
unpaved lots in Bernalillo County to abate fugitive dust.
     A requirement that permits be obtained for surface
disturbing activities involving \3/4\ acre or more.
     Control of greenwaste (e.g., grass clippings or leaves)
from being deposited on publicly owned properties, where it can become
airborne.
     Provisions for programmatic permits for routine
maintenance, routine surface disturbance activities, or routine ongoing
active operations.
     Provisions for construction permits.
     Re-seeding specifications for native plants.
     Provisions for public outreach and training on fugitive
dust for those involved in earthwork activities.
     Guidelines for responding to complaints, especially where
damage to private property by fugitive dust is alleged.
     Appeal procedures for permits and enforcement actions.
    See the Technical Support Document for a more detailed comparison
of NMAC 20.11.20, Fugitive Dust Control with the earlier Regulation 8.
    Under section 110(l), EPA cannot approve a SIP revision if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress (RFP), or any other
applicable requirement of the CAA. As shown above, this revision makes
the SIP more stringent and includes coverage of more sources. It will
not result in increased emissions. Therefore, EPA's approval of this
SIP revision will not interfere with any

applicable requirement concerning attainment and RFP or any other CAA
requirement in compliance with the requirements of section 110(l) of
the Act.

III. What is our final action?

    The EPA is approving the April 3, 2008 revision to the New Mexico
Albuquerque/Bernalillo County SIP regarding Fugitive Dust Control. This
revision replaces Regulation 8, Airborne Particulate Matter, with NMAC
20.11.20, Fugitive Dust Control because it is a substantial improvement
over the approved SIP. Furthermore, as the April 3, 2008 SIP submission
is a replacement of the September 7, 2004 SIP submission, we are taking
no action on the September 7, 2004 submission. This rulemaking action
is being taken under section 110 of the CAA.

IV. Why is this a ``final action?''

    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are received. This rule will be effective on June 1, 2009 without
further notice unless we receive adverse comment by May 1, 2009. If we
receive adverse comments, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if we receive adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 1, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: March 16, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7402 et seq.

Subpart GG--New Mexico

0
2. In Sec.  52.1620(c), the second table entitled ``EPA Approved
Albuquerque/Bernalillo County, NN Regulations,'' is amended as follows:
0
a. Under the centered heading ``Albuquerque/Bernalillo County, Air
Quality Control Regulations,'' by removing the entry for ``Regulation
No. 8, Airborne Particulate Matter;'' and
0
b. Under the centered heading ``New Mexico Administrative Code (NMAC)
Title 20--Environment Protection, Chapter 11- Albuquerque/Bernalillo
County Air Quality Control Board,'' immediately following the entry for
``Part 8 (20.11.8 NMAC),'' by adding a new entry for ``Part 20
(20.11.20 NMAC), Fugitive Dust Control,'' to read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                           EPA Approved Albuquerque/Bernalillo County, NN Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State approval/
         State citation              Title/subject        effective     EPA approval date        Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Part 20 (20.11.20 NMAC).........  Fugitive Dust             3/17/2008  April 1, 2009
                                   Control.                             [Insert FR page
                                                                        where document
                                                                        begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-7296 Filed 3-31-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Page 51150]
[FR Doc No: 2014-20378]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9915-95-OEI]

Agency Information Collection Activities OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Courtney Kerwin<PHONE_NUMBER>, or
email at<EMAIL_ADDRESS>and please refer to the appropriate
EPA Information Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests

OMB Approvals

    EPA ICR Number 2409.02; Production Outlook Reports for Un-
Registered Renewable Fuel Producers (Renewal); was approved on 07/01/
2014; OMB Number 2060-0660; expires on 07/31/2017; Approved with
change.
    EPA ICR Number 1904.08; The Sun Wise School Program; was approved
on 07/01/2014; OMB Number 2060-0439; expires on 07/31/2017; Approved
without change.
    EPA ICR Number 0616.11; Compliance Requirement for Child Resistant
Packaging (Renewal); 40 CFR part 157; was approved on 07/14/2014; OMB
Number 2070-0052; expires on 07/31/2017; Approved without change.
    EPA ICR Number 2265.02; SmartWay Transport Partnership (Renewal);
was approved on 07/18/2014; OMB Number 2060-0663; expires on 07/31/
2017; Approved with change.
    EPA ICR Number 2169.05; Cooling Water Intake Structures at Phase
III Facilities (Renewal); 40 CFR part 125; was approved on 07/18/2014;
OMB Number 2040-0268; expires on 07/31/2017; Approved without change.
    EPA ICR Number 1360.14; Underground Storage Tanks: Technical and
Financial Requirements, and State Program Approval Procedures; 40 CFR
parts 280 and 281; was approved on 07/23/2014; OMB Number 2050-0068;
expires on 09/30/2014; Approved without change.

Spencer Clark,
Acting Director, Collections Strategies Division.
[FR Doc. 2014-20378 Filed 8-26-14; 8:45 am]
BILLING CODE 6560-50-P