[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Page 49650]
[FR Doc No: 2016-17709]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9949-59-Region 6; Permit NMG010000]

Final National Pollutant Discharge Elimination System General
Permit for Discharges From Concentrated Animal Feeding Operations in
New Mexico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final NPDES general permit issuance.

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SUMMARY: The Director of the Water Quality Division, EPA Region 6,
provides notice of reissuance of the National Pollutant Discharge
Elimination System (NPDES) General Permit No. NMG010000 for existing
and new dischargers in New Mexico, under the Concentrated Animal
Feeding Operations (CAFO) Point Source Category and producing Horses,
Dairy Cows, and Cattle other than Veal Calves, except those discharges
on Indian Country. A copy of the Region's responses to comments and the
final permit may be obtained from the EPA Region 6 Internet site:
http://www.epa.gov/region6/water/npdes/cafo/index.htm.

DATES: This permit is effective, and is deemed issued for the purpose
of judicial review, on September 1, 2016, and expires August 31, 2021.
Under section 509(b) of the CWA, judicial review of this general permit
can be held by filing a petition for review in the United States Court
of Appeals within 120 days after the permit is considered issued for
judicial review. Under section 509(b)(2) of the CWA, the requirements
in this permit may not be challenged later in civil or criminal
proceedings to enforce these requirements. In addition, this permit may
not be challenged in other agency proceedings.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, Region 6, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Summary of Significant Changes From the Draft Permit

    Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C.
1342, EPA proposed and solicited comments on NPDES general permit
NMG010000 at FRL-9921-07-Region 6 (December 30, 2014). Discharges
eligible for coverage under the permit are from animal feeding
operations that are defined as CAFOs or designated as CAFOs by the
permitting authority and that are subject to 40 CFR part 412, subparts
A (Horses) and C (Dairy Cows and Cattle Other than Veal Calves) and
that discharge or propose to discharge pollutants to waters of the
United States. The public comment period ended March 2, 2015. The State
of New Mexico Environmental Department (NMED) received an extension to
April 15, 2015, for certified comments. Region 6 received comments from
the New Mexico Environment Department, New Mexico Farm & Livestock
Bureau, New Mexico Department of Agriculture, Texas Cattle Feeders
Association, Socially Responsible Agriculture Project, the New Mexico
Environmental Law Center, Animal Legal Defense Fund, Sierra Club--Rio
Grande Chapter, Amigos Bravos, Lea County Concerned Citizens, Rio Valle
Concerned Citizens, and Mesquite Community Action Committee, Enviro
Compliance Services, Inc., and Erika Brotzman. EPA Region 6 has
considered all comments received. In response to those comments the
following significant changes are made to the proposed permit. All
changes are discussed in the response to comments documents.
    1. Permit Part II.A.5.a.ii. is revised to require calibration of
land application equipment to be performed at least annually, in
accordance with procedures and schedules to be established in the
nutrient management plan for all equipment.
    2. Permit Part I.E.8. is updated to require Notice of Intent (NOI)
and Nutrient Management Plan (NMP) submittals to NMED.
    3. Permit Part I.H, Change in Ownership is clarified and Permit
Part I. E.9. is revised to remove the 7 day public review and comment
for NOIs resulting from transfer of ownership of a facility with prior
permit coverage.
    4. Permit Part II.A.2.a.v. is clarified regarding equipment
inspection deficiencies to specify deficiencies not corrected in 30
days to be explained.
    5. Permit Part III. B. is revised to align facility closure
requirements with New Mexico impoundment closure requirements.
    6. Permit Part III.C.1.b. is changed to require retention of the
telephone number of the recipient of any transferred manure, litter or
process wastewater.
    7. Permit Part V.A. is revised to change the annual report due date
from January 31 to March 31.
    8. Other minor changes and clarifications.

Other Legal Requirements

A. State Certification

    Under section 401(a)(1) of the CWA, EPA may not issue a NPDES
permit until the State or Tribal authority in which the discharge will
occur grants or waives certification to ensure compliance with
appropriate requirements of the CWA and State law. The New Mexico
Environment Department issued the 401 certification on April 15, 2015.

B. Other Regulatory Requirements

    The Endangered Species Act (ESA) of 1973 requires Federal Agencies
such as EPA to ensure, in consultation with the U.S. Fish and Wildlife
Service (USFWS) and the National Marine Fisheries Service (NMFS) (also
known collectively as the ``Services''), that any actions authorized,
funded, or carried out by the Agency (e.g., EPA issued NPDES permits
authorizing discharges to waters of the United States) are not likely
to jeopardize the continued existence of any Federally-listed
endangered or threatened species or adversely modify or destroy
critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR part
402 and 40 CFR 122.49(c)). Today's permit is consistent with the ESA
section 7(a)(2) consultation between EPA-Region 6 and the USFWS--
Albuquerque Field Office, concluded on November 17, 2015.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: July 14, 2016.
William K. Honker,
Director, Water Division, EPA Region 6.
[FR Doc. 2016-17709 Filed 7-27-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Page 53466]
[FR Doc No: 2014-21366]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, Washington, DC 20549-2736.

Extension: Form 10-D, SEC File No. 270-544, OMB Control No. 3235-
0604.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on this collection
of information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for approval.
    Form 10-D is a periodic report used by asset-backed issuers to file
distribution and pool performance information pursuant to Rule 13a-17
(17 CFR 240.13a-17) or Rule 15d-17 (17 CFR 240.15d-17) of the
Securities Exchange Act of 1934 (``Exchange Act'')(15 U.S.C. 78a et
seq.). The form is required to be filed within 15 days after each
required distribution date on the asset-backed securities, as specified
in the governing documents for such securities. The information
provided by Form 10-D is mandatory and all information is made
available to the public upon request. Form 10-D takes approximately 30
hours per response to prepare and is filed by approximately 2,169
respondents. Each respondent files an estimated 6 Form 10-Ds per year
for a total of 13,014 responses. We estimate that 75% of the 30 hours
per response (22.5 hours) is prepared by the company for a total annual
reporting burden of 292,815 hours (22.5 hours per response x 13,014
responses).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    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 control number.
    Please direct your written comment to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: September 3, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21366 Filed 9-8-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Proposed Rules]
[Page 31377-31383]
[DOCID:fr03jn10-30]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1109]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part of
the floodplain management measures that the community is required
either to adopt or to show evidence of having in effect in order to
qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before September 1, 2010.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1109, to
Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                              *Elevation in feet (NGVD)
                                                             +Elevation in feet  (NAVD)
                                                            Depth in feet  above
        Flooding source(s)               Location of         ground  [caret]Elevation in    Communities affected
                                     referenced elevation           meters (MSL)
                                                          --------------------------------
                                                              Effective       Modified
----------------------------------------------------------------------------------------------------------------
                               Franklin Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Ash Slough........................  Just upstream of                 None             +69  Unincorporated Areas
                                     Riser Road.                                            of Franklin Parish.
                                    Approximately 700                None             +70
                                     feet downstream of
                                     Wyman Road.
Batey Bayou.......................  Just downstream of               None             +65  Town of Wisner,
                                     Kansas Street.                                         Unincorporated Areas
                                                                                of Franklin Parish.
                                    Approximately 800                None             +72
                                     feet upstream of
                                     State Highway 15.
Cypress Slough....................  Just upstream of                 None             +65  Unincorporated Areas
                                     Kansas Street.                                         of Franklin Parish.
                                    Just downstream of               None             +73
                                     Maple Street.
Turkey Creek......................  Approximately 500                None             +64  Unincorporated Areas
                                     feet upstream of                                       of Franklin Parish.
                                     Highway 3201.
                                    Approximately 0.5                None             +69
                                     mile upstream of
                                     Alice Shaw Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Wisner
Maps are available for inspection at the Town Hall, 9530 Natchez Street, Wisner, LA 71378.

                                    Unincorporated Areas of Franklin Parish.
Maps are available for inspection at the Franklin Parish Police Jury, 6558 Main Street, Winnsboro, LA 71295.
----------------------------------------------------------------------------------------------------------------

                                Madison Parish, Louisiana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bayou Macon.......................  Just upstream of                 None             +75  Unincorporated Areas
                                     Atkins Road.                                           of Madison Parish.
                                    Just downstream of               None             +79
                                     Bryant Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                    ADDRESSES
                                     Unincorporated Areas of Madison Parish
Maps are available for inspection at Madison Parish Police Jury, 100 North Cedar Street, Tallulah, LA 71282.

                                Gallatin County, Montana, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bridger Creek.....................  Approximately 1.0               +4687           +4688  City of Bozeman.
                                     mile downstream of
                                     Story Mill Road.
                                    Just downstream of              +4730           +4731
                                     Story Mill Road.
Buster Gulch......................  Approximately 0.9               +4478           +4480  Unincorporated Areas
                                     mile upstream of                                       of Gallatin County.
                                     Airport Road.
                                    Approximately 4.2                None           +4568
                                     miles upstream of
                                     Airport Road.
East Gallatin River...............  Just downstream of              +4461           +4463  City of Bozeman,
                                     Airport Road.                                          Unincorporated Areas
                                                                                of Gallatin County.
                                    Approximately 2.1               +4789           +4791
                                     miles downstream of
                                     Story Hill Road.
East Gallatin River Golf Course     Just upstream of the             None           +4604  City of Bozeman.
 Reach.                              confluence with East
                                     Gallatin River
                                     Springhill Reach.
                                    Approximately 0.5                None           +4617
                                     mile upstream of the
                                     confluence with East
                                     Gallatin River
                                     Springhill Reach.
East Gallatin River Overflow Reach  Approximately 1,300              None           +4596  City of Bozeman,
                                     feet downstream of                                     Unincorporated Areas
                                     Springhill Road.                                       of Gallatin County.
                                    Approximately 2.6                None           +4674
                                     miles upstream of
                                     Springhill Road.
East Gallatin River Spillway Reach  Just upstream of the             None           +4591  City of Bozeman.
                                     confluence with East
                                     Gallatin River
                                     Overflow Reach.
                                    Approximately 0.5                None           +4603
                                     mile upstream of the
                                     confluence with East
                                     Gallatin River
                                     Overflow Reach.
East Gallatin River Springhill      Just upstream of the             None           +4594  City of Bozeman.
 Reach.                              confluence with the
                                     East Gallatin River.
                                    Just downstream of               None           +4604
                                     the confluence with
                                     East Gallatin River
                                     Golf Course Reach.
Jefferson River...................  Approximately 0.6               +4058           +4061  Unincorporated Areas
                                     mile downstream of                                     of Gallatin County.
                                     Old Town Road.
                                    Approximately 120               +4088           +4090
                                     feet upstream of
                                     Frontage Road.
Madison River.....................  Approximately 0.8               +4054           +4058  Unincorporated Areas
                                     mile downstream of                                     of Gallatin County.
                                     Frontage Road.
                                    Approximately 1.2               +4081           +4083
                                     mile upstream of
                                     I[dash]90.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                    ADDRESSES
City of Bozeman
Maps are available for inspection at 411 East Main Street, Bozeman, MT 59771.

                                     Unincorporated Areas of Gallatin County
Maps are available for inspection at 311 West Main Street, Bozeman, MT 59771.
----------------------------------------------------------------------------------------------------------------

                               Lincoln County, New Mexico, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Brady Canyon......................  At the confluence               +6744           +6746  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                Village of Ruidoso.
                                    Approximately 1,100              None           +6948
                                     feet upstream of Ash
                                     Drive.
Carrizo Creek.....................  At the confluence               +6552           +6553  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                Village of Ruidoso.
                                    Just upstream of                +6749           +6751
                                     Carrizo Canyon Road.
Cedar Creek.......................  At the confluence               +6530           +6534  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                Village of Ruidoso.
                                    Approximately 500                None           +7160
                                     feet upstream of
                                     Musket Ball Drive.
Cherokee Bill Canyon..............  At the confluence               +6445           +6446  Unincorporated Areas
                                     with the Rio Ruidoso.                                  of Lincoln County,
                                                                                Village of Ruidoso.
                                    Approximately 1,800             +6690           +6693
                                     feet upstream of
                                     Dunagan Trail.
Musketball Creek..................  Just upstream of                 None           +7150  Unincorporated Areas
                                     Cedar Creek Drive.                                     of Lincoln County.
                                    Approximately 285                None           +7216
                                     feet upstream of
                                     Musketball Drive.
North Fork Cedar Creek............  Approximately 1,750              None           +7160  Unincorporated Areas
                                     feet downstream of                                     of Lincoln County.
                                     Spring Canyon Road.
                                    Just downstream of               None           +7302
                                     Watson Road.
Rio Bonito........................  Approximately 650                None           +6845  Unincorporated Areas
                                     feet downstream of                                     of Lincoln County.
                                     State Highway 48.
                                    Just downstream of               None           +7318
                                     the Bonito Lake Dam.
Rio Ruidoso.......................  Approximately 1.0                None           +5188  Unincorporated Areas
                                     mile downstream of                                     of Lincoln County,
                                     County Road 17.                                        Village of Ruidoso,
                                                                                Village of Ruidoso
                                                                                Downs.
                                    Approximately 800               +7167           +7168
                                     feet upstream of
                                     Malone Road.
Salado Creek......................  Approximately 320                None           +6382  Unincorporated Areas
                                     feet upstream of                                       of Lincoln County,
                                     U.S. Route 380.                                        Village of Capitan.
                                    Approximately 110                None           +6484
                                     feet upstream of
                                     Dean Drive.
South Fork Cedar Creek............  Approximately 480                None           +7160  Unincorporated Areas
                                     feet downstream of                                     of Lincoln County.
                                     Chuck Wagon Road.
                                    Approximately 330                None           +7233
                                     feet upstream of
                                     Jarratt Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                    ADDRESSES
                                     Unincorporated Areas of Lincoln County
Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM
 88345.

Village of Capitan
Maps are available for inspection at the County Floodplain Manager's Office, 115 Kansas City Road, Ruidoso, NM
 88345.

Village of Ruidoso
Maps are available for inspection at 313 Cree Meadows Drive, Ruidoso, NM 88345.

Village of Ruidoso Downs
Maps are available for inspection at the Planning and Zoning Department, 313 Cree Meadows Drive, Ruidoso, NM
 88345.
----------------------------------------------------------------------------------------------------------------

                                 Fairfield County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Baltimore Tributary...............  At the confluence                None            +847  Unincorporated Areas
                                     with Pawpaw Creek.                                     of Fairfield County,
                                                                                Village of
                                                                                Baltimore.
                                    Approximately 0.41               None            +860
                                     mile downstream of
                                     Roley Road.
Buckeye Lake......................  Entire shoreline.....            None            +893  Unincorporated Areas
                                                                                of Fairfield County,
                                                                                Village of
                                                                                Millersport.
Clark Run.........................  At the confluence                +807            +804  Unincorporated Areas
                                     with Rush Creek.                                       of Fairfield County.
                                    Approximately 586                +807            +805
                                     feet upstream of the
                                     confluence with Rush
                                     Creek.
Claypool Run......................  At the confluence                +839            +838  Unincorporated Areas
                                     with the Ohio Canal.                                   of Fairfield County.
                                    Approximately 200                None            +909
                                     feet downstream of
                                     Brook Road.
Crumley Creek.....................  At the confluence                +908            +905  Unincorporated Areas
                                     with Hunters Run.                                      of Fairfield County.
                                    Approximately 850                +908            +914
                                     feet upstream of the
                                     confluence with
                                     Hunters Run.
Georges Creek.....................  Approximately 1,588              +800            +798  City of Pickerington.
                                     feet downstream of
                                     Conrail Railroad.
                                    At the upstream side             None            +815
                                     of Pickerington
                                     Ridge Road.
Greenfield Creek..................  At the confluence                +833            +830  Unincorporated Areas
                                     with the Ohio Canal.                                   of Fairfield County.
                                    Approximately 1,400              None            +898
                                     upstream of Coonpath
                                     Road.
Greenfield Creek Escape...........  At the confluence                +840            +839  Unincorporated Areas
                                     with Claypool Run.                                     of Fairfield County.
                                    Approximately 2,000              +858            +854
                                     feet downstream of
                                     Election House Road.
Greenfield Creek Split............  At the confluence                None            +865  Unincorporated Areas
                                     with Greenfield                                        of Fairfield County.
                                     Creek.
                                    Approximately 2,000              None            +872
                                     feet upstream of the
                                     confluence with
                                     Greenfield Creek.
Hocking River.....................  Approximately 100                +807            +808  City of Lancaster,
                                     feet downstream of                                     Unincorporated Areas
                                     Sugar Grove Road.                                      of Fairfield County.
                                    Approximately 650                None            +886
                                     feet upstream of the
                                     confluence with
                                     Wilson Creek.

Hocking River Lateral D...........  At the confluence                +830            +826  City of Lancaster.
                                     with the Hocking
                                     River.
                                    Approximately 125                +834            +830
                                     feet downstream of
                                     Collins Road.
Hunters Run.......................  At the confluence                +819            +815  City of Lancaster,
                                     with the Hocking                                       Unincorporated Areas
                                     River.                                                 of Fairfield County.
                                    Approximately 250                None            +967
                                     feet downstream of
                                     Mt. Zion Road.
Ohio Canal........................  At the confluence                +831            +825  City of Lancaster,
                                     with the Hocking                                       Unincorporated Areas
                                     River.                                                 of Fairfield County.
                                    At the confluence                +841            +844
                                     with Ohio Canal
                                     Lateral A.
Ohio Canal Lateral A..............  At the confluence                +841            +844  Unincorporated Areas
                                     with the Ohio Canal.                                   of Fairfield County.
                                    Approximately 705                +846            +848
                                     feet downstream of
                                     U.S. Route 33.
Pawpaw Creek......................  At the confluence                None            +844  Unincorporated Areas
                                     with Walnut Creek.                                     of Fairfield County,
                                                                                Village of
                                                                                Baltimore.
                                    Approximately 1,169              None            +868
                                     feet upstream of
                                     North Main Street.
Rush Creek........................  Approximately 0.8                +802            +800  Unincorporated Areas
                                     mile downstream of                                     of Fairfield County.
                                     the confluence with
                                     Clark Run.
                                    Approximately 283                +807            +803
                                     feet upstream of the
                                     confluence with
                                     Clark Run.
South Fork Licking River..........  At the upstream side             +890            +886  Unincorporated Areas
                                     of Walnut Road at                                      of Fairfield County.
                                     the west crossing of
                                     the South Fork
                                     Licking River.
                                    At the upstream side             +885            +892
                                     of Walnut Road at
                                     the east crossing of
                                     the South Fork
                                     Licking River.
Stonewall Creek...................  At the confluence                +861            +860  Unincorporated Areas
                                     with Hunters Run.                                      of Fairfield County.
                                    Approximately 0.46               None            +899
                                     mile upstream of
                                     U.S. Route 22.
Sycamore Creek....................  At the confluence                +772            +773  City of Pickerington,
                                     with Walnut Creek.                                     Unincorporated Areas
                                                                                of Fairfield County.
                                    Approximately 505                None           +1019
                                     feet upstream of
                                     DeCarlo Lane.
Tributary B.......................  At the upstream side             None            +791  Unincorporated Areas
                                     of Paradise Road.                                      of Fairfield County.
                                    Approximately 956                None            +791
                                     feet upstream of
                                     Paradise Road.
Unnamed Tributary to Sycamore       At the confluence                +840            +841  City of Pickerington,
 Creek.                              with Sycamore Creek.                                   Unincorporated Areas
                                                                                of Fairfield County.
                                    Approximately 0.44               None            +881
                                     mile upstream of
                                     Doty Road.
Unnamed Tributary to Walnut Creek   At the confluence                None            +867  Unincorporated Areas
 (Backwater effects from Walnut      with Walnut Creek.                                     of Fairfield County,
 Creek).                                                                                Village of Thurston.
                                    Approximately 1,240              None            +867
                                     feet upstream of the
                                     confluence with
                                     Walnut Creek.

Willow Run........................  At the confluence                +815            +816  City of Pickerington,
                                     with Sycamore Creek.                                   Unincorporated Areas
                                                                                of Fairfield County.
                                    Approximately 250                None            +918
                                     feet downstream of
                                     Refugee Road.
Wilson Creek......................  At the confluence                None            +884  Unincorporated Areas
                                     with the Hocking                                       of Fairfield County.
                                     River.
                                    Approximately 200                None            +903
                                     feet downstream of
                                     Mt. Zion Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed..

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472..

                                                    ADDRESSES

City of Lancaster
Maps are available for inspection at 121 East Chestnut Street, Lancaster, OH 43130.

City of Pickerington
Maps are available for inspection at 100 Lockville Road, Pickerington, OH 43147.

                                    Unincorporated Areas of Fairfield County
Maps are available for inspection at 210 East Main Street, Lancaster, OH 43130.

Village of Baltimore
Maps are available for inspection at 103 West Market Street, Baltimore, OH 42105.

Village of Millersport
Maps are available for inspection at 2245 Refugee Street, Millersport, OH 43046.

Village of Thurston
Maps are available for inspection at 2215 Main Street, Thurston, OH 43157.

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

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 14, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-13269 Filed 6-2-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Proposed Rules]
[Pages 59334-59338]
[FR Doc No: 2011-24696]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0032; FRL-9471-5]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Albuquerque/Bernalillo County; Prevention of Significant
Deterioration; Greenhouse Gas Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a revision to the Albuquerque/
Bernalillo County, New Mexico State Implementation Plan (SIP) that was
submitted by the Governor of New Mexico to EPA on December 15, 2010.
The proposed SIP revision modifies Albuquerque/Bernalillo County's
Prevention of Significant Deterioration (PSD) program to establish
appropriate emission thresholds for determining which new stationary
sources and modification projects become subject to Albuquerque/
Bernalillo County's PSD permitting requirements for their greenhouse
gas (GHG) emissions. Due to the SIP Narrowing Rule, 75 FR 82536,
starting on January 2, 2011, the approved Albuquerque/Bernalillo County
SIP's PSD requirements for GHG apply at the thresholds specified in the
Tailoring Rule, not at the 100 or 250 tons per year (tpy) levels
otherwise provided under the Clean Air Act (CAA or Act), which would
overwhelm Albuquerque/Bernalillo County's permitting resources. This
rule clarifies the applicable thresholds in the Albuquerque/Bernalillo
County SIP, addresses the flaw discussed in the SIP Narrowing Rule, and
incorporates state rule changes adopted at the state level into the
federally-approved SIP. EPA is proposing approval of the Albuquerque/
Bernalillo County, New Mexico December 15, 2010 PSD SIP revision
because the Agency has made the preliminary determination that this PSD
SIP revision is in accordance with section 110 and part C of the
Federal Clean Air Act and EPA regulations regarding PSD permitting for
GHGs.

DATES: Comments must be received on or before October 26, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0032, by one of the following methods:
    (1) http://www.regulations.gov: Follow the on-line instructions for
submitting comments.

    (2) E-mail: Mr. Jeff Robinson at<EMAIL_ADDRESS>Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
    (3) U. S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
    (4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number<PHONE_NUMBER>.
    (5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
    (6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0032. 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 the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    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
the disclosure of which 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
Permits Section (6PD-R), 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 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
    The State submittals related to this SIP revision, and which are
part of the EPA docket, are also available for public inspection at the
Local Air Agency listed below during official business hours by
appointment:
    Albuquerque Environmental Health Department, Suite 3023, 3rd floor,
One Civic Plaza, 400 Marquette Av. NW, Albuquerque, New Mexico, 87102.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Miller (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-7550. Mr. Miller can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. Summary of Albuquerque/Bernalillo County's Submittal
III. What is the background for today's proposed action?
IV. What is EPA's analysis of Albuquerque/Bernalillo County's SIP
revision?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. Summary of Albuquerque/Bernalillo County's Submittal

    On December 15, 2010, the State of New Mexico submitted a SIP
revision request to EPA to establish appropriate emission thresholds
for determining which new or modified stationary sources become subject
to Albuquerque/Bernalillo County's PSD permitting requirements for GHG
emissions. The submitted revisions to the SIP are enacted at <IP_ADDRESS>
New Mexico Air Code (NMAC). Final approval of this SIP revision request
will put in place the GHG emission thresholds for PSD applicability set
forth in EPA's Tailoring Rule, ensuring that smaller GHG sources
emitting less than these thresholds are not subject to permitting
requirements. Pursuant to section 110 of the CAA, EPA is proposing to
approve this revision into the Albuquerque/Bernalillo County SIP. New
Mexico also submitted revisions to the remainder of the Albuquerque/
Bernalillo County PSD program at <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS> and <IP_ADDRESS> NMAC that correctly update internal cross-
references to the PSD definitions. EPA is also proposing approval of
these revisions pursuant to section 110 of the CAA.
    Also on December 15, 2010, New Mexico submitted revisions to the
New Mexico General Provisions for

Albuquerque/Bernalillo County at 20.11.1 NMAC, and to the New Mexico
Title V Operating Permits Program for Albuquerque/Bernalillo County at
20.11.42 NMAC. EPA will address these revisions at a later date and in
a separate action on the General Provisions and the Title V Program.

III. What is the background for today's proposed action?

    This section briefly summarizes EPA's recent GHG-related actions
that provide the background for today's proposed action. More detailed
discussion of the background is found in the preambles for those
actions. In particular, the background is contained in what we call the
GHG PSD SIP Narrowing Rule,\1\ and in the preambles to the actions
cited therein.
---------------------------------------------------------------------------

    \1\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
---------------------------------------------------------------------------

A. GHG-Related Actions

    EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for today's final action on
the New Mexico SIP. Four of these actions include, as they are commonly
called, the ``Endangerment Finding'' and ``Cause or Contribute
Finding,'' which EPA issued in a single final action,\2\ the ``Johnson
Memo Reconsideration,'' \3\ the ``Light-Duty Vehicle Rule,'' \4\ and
the ``Tailoring Rule.'' \5\ Taken together and in conjunction with the
CAA, these actions established regulatory requirements for GHGs emitted
from new motor vehicles and new motor vehicle engines; determined that
such regulations, when they took effect on January 2, 2011, subjected
GHGs emitted from stationary sources to PSD requirements; and limited
the applicability of PSD requirements to GHG sources on a phased-in
basis. EPA took this last action in the Tailoring Rule, which, more
specifically, established appropriate GHG emission thresholds for
determining the applicability of PSD requirements to GHG-emitting
sources.
---------------------------------------------------------------------------

    \2\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
    \3\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
    \4\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
    \5\ Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
---------------------------------------------------------------------------

    PSD is implemented through the SIP system, and so in December 2010,
EPA promulgated several rules to implement the new GHG PSD SIP program.
Recognizing that some states had approved SIP PSD programs that did not
apply PSD to GHGs, EPA issued a SIP call and, for some of these states,
a FIP.\6\ Recognizing that other states had approved SIP PSD programs
that do apply PSD to GHGs, but that do so for sources that emit as
little as 100 or 250 tpy of GHG, and that do not limit PSD
applicability to GHGs to the higher thresholds in the Tailoring Rule,
EPA issued the GHG PSD SIP Narrowing Rule. Under that rule, EPA
withdrew its approval of the affected SIPs to the extent those SIPs
covered GHG-emitting sources below the Tailoring Rule thresholds. EPA
based its action primarily on the ``error correction'' provisions of
CAA section 110(k)(6).
---------------------------------------------------------------------------

    \6\ Specifically, by notice dated December 13, 2010, EPA
finalized a ``SIP Call'' that would require those states with SIPs
that have approved PSD programs but do not authorize PSD permitting
for GHGs to submit a SIP revision providing such authority. ``Action
To Ensure Authority To Issue Permits Under the Prevention of
Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Substantial Inadequacy and SIP Call,'' 75 FR
77698 (Dec. 13, 2010). EPA has been making findings of failure to
submit for states unable to submit the required SIP revision by
their deadline, and finalizing FIPs for such states. See, e.g.
``Action To Ensure Authority To Issue Permits Under the Prevention
of Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Failure To Submit State Implementation Plan
Revisions Required for Greenhouse Gases,'' 75 FR 81874 (December 29,
2010); ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Federal Implementation Plan,'' 75 FR 82246
(December 30, 2010). Because New Mexico's SIP already authorizes
Albuquerque/Bernalillo County to regulate GHGs once GHGs become
subject to PSD requirements on January 2, 2011, Albuquerque/
Bernalillo County is not subject to the proposed SIP Call or FIP.
---------------------------------------------------------------------------

B. Albuquerque/Bernalillo County's Actions

    On July 16, 2010, the City of Albuquerque's Environmental Health
Department (AEHD) provided a letter to EPA, in accordance with a
request to all States from EPA in the Tailoring Rule, with confirmation
that their local air board has the authority to regulate GHG in its PSD
program. The letter confirmed that Albuquerque/Bernalillo County's
current rules require regulating GHGs at the existing 100/250 tpy
threshold, rather than at the higher thresholds set in the Tailoring
Rule because Albuquerque/Bernalillo County's rules and could not be
interpreted to apply the meaning of the term ``subject to regulation''
established in the Tailoring Rule. The City's AEHD also submitted a
letter on September 17, 2010, in response to the proposed GHG SIP Call
again confirming that EPA correctly classified Albuquerque/Bernalillo
County's SIP to apply PSD requirements to GHGs and that they were
pursuing revisions to their SIP to match federal requirements. See the
docket for this proposed rulemaking for copies of AEHD's July 16, 2010,
and September 17, 2010, letters.
    In the PSD SIP Narrowing Rule, published on December 30, 2010, EPA
withdrew its approval of Albuquerque/Bernalillo County's SIP--among
other SIPs--to the extent that SIP applies PSD permitting requirements
to GHG emissions from sources emitting at levels below those set in the
Tailoring Rule.\7\ As a result, the Albuquerque/Bernalillo County's
current approved SIP provides the local permitting authority with
authority to regulate GHGs, but only at and above the Tailoring Rule
thresholds; and federally requires new and modified sources to receive
a PSD permit based on GHG emissions only if they emit at or above the
Tailoring Rule thresholds.
---------------------------------------------------------------------------

    \7\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
---------------------------------------------------------------------------

    Albuquerque/Bernalillo County has amended its local regulations to
incorporate the Tailoring Rule thresholds for sources within
Albuquerque/Bernalillo County, and has submitted the adopted
regulations as revisions to their SIP. EPA's proposed approval of
Albuquerque/Bernalillo County`s revisions will clarify the applicable
thresholds in the Albuquerque/Bernalillo County SIP.
    The basis for this SIP revision is that limiting PSD applicability
to GHG sources to the higher thresholds in the Tailoring Rule is
consistent with the SIP provisions that provide required assurances of
adequate resources, and thereby addresses the flaw in the SIP that led
to the PSD SIP Narrowing Rule. Specifically, CAA section 110(a)(2)(E)
includes as a requirement for SIP approval that States provide
``necessary assurances that the State * * * will have adequate
personnel [and] funding * * * to carry out such [SIP].'' In the
Tailoring Rule, EPA established higher thresholds for PSD applicability
to GHG-emitting sources on grounds that the states generally did not
have adequate resources to apply PSD to GHG-emitting sources below the
Tailoring Rule thresholds,\8\ and no State, including Albuquerque/
Bernalillo

County, asserted that it did have adequate resources to do so.\9\ In
the PSD SIP Narrowing Rule, EPA found that the affected states,
including New Mexico and Albuquerque/Bernalillo County, had a flaw in
their SIP at the time they submitted their PSD programs, which was that
the applicability of the PSD programs was potentially broader than the
resources available to them under their SIP.\10\ Accordingly, for each
affected state, including New Mexico and Albuquerque/Bernalillo County,
EPA concluded that EPA's action in approving the SIP was in error,
under CAA section 110(k)(6), and EPA rescinded its approval to the
extent the PSD program applies to GHG-emitting sources below the
Tailoring Rule thresholds.\11\ EPA recommended that States adopt a SIP
revision to incorporate the Tailoring Rule thresholds, thereby (i)
assuring that under State law, only sources at or above the Tailoring
Rule thresholds would be subject to PSD; and (ii) avoiding confusion
under the federally-approved SIP by clarifying that the SIP applies to
only sources at or above the Tailoring Rule thresholds.\12\
---------------------------------------------------------------------------

    \8\ Tailoring Rule, 75 FR 31,517/1.
    \9\ SIP Narrowing Rule, 75 FR 82,540/2.
    \10\ Id. at 82,542/3.
    \11\ Id. at 82,544/1.
    \12\ Id. at 82,540/2.
---------------------------------------------------------------------------

IV. What is EPA's analysis of Albuquerque/Bernalillo County's SIP
revision?

    The regulatory revisions that Albuquerque/Bernalillo County `s AEHD
submitted on December 15, 2010, establish thresholds for determining
which stationary sources and modification projects become subject to
permitting requirements for GHG emissions under its PSD program.
Specifically, the submittal includes changes to Albuquerque/Bernalillo
County's PSD regulations at <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, <IP_ADDRESS>, and <IP_ADDRESS> NMAC.\13\
---------------------------------------------------------------------------

    \13\ On December 15, 2010, Governor Richardson also submitted
revisions to the Albuquerque/Bernalillo County's Title V program and
to the General Provisions portion of the SIP. EPA will take separate
action on these revisions in a separate rulemaking.
---------------------------------------------------------------------------

    Albuquerque/Bernalillo County has a SIP-approved PSD program, and
has incorporated EPA's 2002 New Source Review (NSR) reform revisions
for PSD into its SIP.\14\ In letters provided to EPA on June 24, 2010,
and September 14, 2010, Albuquerque/Bernalillo County notified EPA of
its interpretation that the City and County have the authority to
regulate GHGs under its PSD regulations. Prior to the passage of the
submitted revisions, the City and County's regulations (adopted prior
to the promulgation of EPA's Tailoring Rule) applied to major
stationary sources having the potential to emit at least 100 tpy or 250
tpy or more of a regulated NSR pollutant, depending on the type of
source, or major modifications constructing in areas designated
attainment or unclassifiable with respect to the National Ambient Air
Quality Standards.
---------------------------------------------------------------------------

    \14\ ``Approval and Promulgation of Air Quality Implementation
Plans; New Mexico; Albuquerque/Bernalillo County; Prevention of
Significant Deterioration (PSD) and New Source Review'' 72 FR 20728
(April 26, 2007).
---------------------------------------------------------------------------

    The changes to Albuquerque/Bernalillo County`s PSD program
regulations submitted for approval here are substantively the same as
the amendments to the Federal PSD regulatory provisions in EPA's
Tailoring Rule. As part of its review of this submittal, EPA performed
a line-by-line review of Albuquerque/Bernalillo County's revisions and
has determined that they are consistent with the Tailoring Rule. EPA's
Technical Support Document detailing our analysis of the revisions to
the New Mexico SIP is available in the docket for this action.

V. What action is EPA taking?

    EPA is proposing to approve Albuquerque/Bernalillo County's
December 15, 2010, SIP submittal, relating to PSD requirements for GHG-
emitting sources in Albuquerque/Bernalillo County. Specifically, the
December 15, 2010, proposed SIP revision establishes appropriate
emissions thresholds for determining PSD applicability to new and
modified GHG-emitting sources in accordance with EPA's Tailoring Rule.
EPA has made the determination that this SIP submittal is approvable
because it is in accordance with the CAA and EPA regulations regarding
PSD permitting for GHGs.
    If EPA finalizes our approval of Albuquerque/Bernalillo County's
changes to its air quality regulations to incorporate the appropriate
thresholds for GHG permitting applicability into its SIP, then
paragraph (e) in Section 52.1634 of 40 CFR part 52, as included in
EPA's SIP Narrowing Rule--which codifies EPA's limiting its approval of
Albuquerque/Bernalillo County's PSD SIP to not cover the applicability
of PSD to GHG-emitting sources below the Tailoring Rule thresholds--is
no longer necessary. In today's proposed action, EPA is also proposing
to amend Section 52.1634 of 40 CFR part 52 to remove this unnecessary
regulatory language.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air 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 proposes to approve 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, and Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 13, 2011.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2011-24696 Filed 9-23-11; 8:45 am]
BILLING CODE 6560-50-P