[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Proposed Rules]
[Pages 17756-17758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8603]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[NM-25-1-6908; FRL-5185-5]


Designation of Area for Air Quality Planning Purposes; New 
Mexico; Designation of Sunland Park Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA), as amended in 1990, the 
EPA is authorized to promulgate new designations of areas (or portions 
thereof) as nonattainment for the ozone National Ambient Air Quality 
Standards (NAAQS). In this action, the EPA is proposing to revise the 
ozone designation for a portion of Dona Ana County, New Mexico (i.e. 
the Sunland Park area). Previously, consistent with the CAA, the EPA 
notified the Governor of New Mexico that the Sunland Park area should 
be redesignated from unclassifiable/attainment to nonattainment for 
ozone. The redesignation is based upon violations of the ozone NAAQS 
which were monitored from 1992-1994.

DATES: All written comments must be received by May 8, 1995.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office 
listed below. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
addresses listed below. The interested persons wanting to examine these 
documents should make an appointment at least twenty-four hours before 
the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
New Mexico Environment Department, Air Monitoring & Control Strategy 
Bureau, 1190 St. Francis Drive, room So. 2100, Santa Fe, New Mexico 
87503.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather, Planning Section (6T-
AP), Air Programs Branch (6T-A), USEPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, telephone (214) 665-7258.

SUPPLEMENTARY INFORMATION:

Background

    By operation of law upon enactment of the 1990 amendments to the 
CAA (Public Law 101-549, 104 Statute 2399), all areas of the country 
were designated either nonattainment or unclassifiable/attainment for 
the ozone NAAQS [see section 107(d)(4)(A) of the CAA; 56 FR 56694-56858 
(November 6, 1991), 57 FR 56762-56778 (November 30, 1992), and 59 FR 
18967-18971 (April 21, 1994)]. The amended CAA also authorizes the EPA 
to revise the designation of current ozone areas from unclassifiable/
attainment to nonattainment on the basis of air quality data, planning 
and control considerations, or any other air quality-related 
considerations the EPA deems appropriate [see section 107(d)(3) of the 
CAA].
    Following the process outlined in section 107(d)(3), on December 
16, 1994, the Regional Administrator of the EPA Region 6 notified the 
Governor of New Mexico that the EPA believed the Sunland Park area 
should be redesignated as nonattainment for ozone. Under section 
107(d)(3)(B) of the CAA, the Governor of New Mexico was required to 
submit to the EPA the designation considered appropriate for the 
Sunland Park area within 120 days after the EPA's notification. The EPA 
received the State's response for the Sunland Park area on February 6, 
1995 (letter dated January 30, 1995). Now, the EPA must promulgate the 
redesignation that it deems necessary and appropriate, consistent with 
section 107(d)(3)(C) of the CAA.
    Based upon the EPA's review of the State's January 30, 1995, letter 
for the Sunland Park area, the EPA is proposing a redesignation to 
nonattainment which is consistent with the request submitted by the 
Governor of New Mexico. The EPA is requesting comments on this action 
and will consider any relevant comments before taking final action.
    Section 107(d)(1)(A) of the CAA sets out definitions of 
nonattainment, attainment, and unclassifiable. The EPA has proposed 
that the Sunland Park area in Dona Ana County, New Mexico, addressed in 
this action, be redesignated nonattainment for the ozone NAAQS. A 
nonattainment area is defined as any area that does not meet (or that 
significantly contributes to ambient air quality in a nearby area that 
does not meet) the national primary or secondary ambient air quality 
standard for ozone [see section 107(d)(1)(A)(i) of the CAA].1 
Thus, in determining the appropriate boundaries for the nonattainment 
area proposed in this action, the EPA has considered not only the area 
where the violations of the ozone NAAQS are occurring, but nearby areas 
which significantly contribute to such violations.

    \1\The EPA has construed the definition of nonattainment area to 
require some material or significant contribution to a violation in 
a nearby area. The Agency believes it is reasonable to conclude that 
something greater than a molecular impact is required.
Proposed Action

    As noted above, pursuant to section 107(d)(3) of the CAA, the EPA 
is authorized to initiate the redesignation of areas as nonattainment 
for ozone. Based on the ozone air quality monitoring data for the 
Sunland Park monitoring station, the EPA notified the Governor of New 
Mexico on December 16, 1994, that the Sunland Park area should be 
redesignated from unclassifiable/attainment to nonattainment for the 
ozone NAAQS. Ozone monitoring began in Sunland Park on June 15, 1992. 
Seven measured [[Page 17757]] exceedances of the ozone NAAQS have been 
recorded at the monitoring site, ranging from a low of .126 parts per 
million (ppm) to a high of .140 ppm. The seven exceedances represent a 
violation of the ozone NAAQS [see 40 Code of Federal Regulations (CFR) 
50.9]. Since less than three years of data have been collected at the 
Sunland Park monitoring site, the EPA design value (used to determine 
ozone attainment status) for the site is the third highest ozone value 
recorded--.136 ppm. Therefore, the Sunland Park ozone nonattainment 
area would be classified as a marginal ozone nonattainment area 
according to the classification scheme set forth in section 181 of the 
CAA. Due to the marginal classification, the attainment date for the 
Sunland Park ozone nonattainment area would be three years from the 
effective date of the Federal Register final action establishing the 
nonattainment designation and classification.
    In response to the EPA's December 16, 1994, letter, on January 30, 
1995, the Governor of New Mexico concurred with the EPA that a small 
area of southern Dona Ana County, including Sunland Park, be 
redesignated as nonattainment for the ozone NAAQS. However, the 
Governor did not concur with the proposed nonattainment boundaries in 
one respect, proposing an alternate western boundary for the 
nonattainment area. Based on the information provided by the Governor, 
including monitoring data, the EPA believes that the nonattainment 
boundaries submitted by the Governor are appropriate. The table below 
indicates how the EPA is proposing to revise the ozone designation for 
a portion of Dona Ana County, New Mexico in 40 CFR 81.332 from 
unclassifiable/attainment to nonattainment.

                                                New Mexico--Ozone                                               
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                                                  Designation                            Classification         
        Designated area         --------------------------------------------------------------------------------
                                        Date                   Type                   Date              Type    
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Dona Ana County (part)--The      Proposing.........  Nonattainment...........  Proposing.........  Marginal.    
 area bounded by the New Mexico-                                                                                
 Texas State line on the east,                                                                                  
 the New Mexico-Mexico                                                                                          
 international line on the                                                                                      
 south, the Range 3E-Range 2E                                                                                   
 line on the west, and the                                                                                      
 N3200 latitude line on the                                                                                     
 north.                                                                                                         
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    The technical information supporting the redesignation request and 
the boundary selections are available for public review at the address 
indicated above.
Significance of Proposed Action for the Sunland Park Area, New Mexico

    If the Sunland Park area of southern Dona Ana County, New Mexico, 
is redesignated nonattainment, such area will be classified as a 
marginal ozone nonattainment area at the time of the designation (see 
section 181(b)(1) of the CAA). Within 24 months after the effective 
date of the final action on this proposal of the nonattainment 
redesignation, New Mexico must submit an implementation plan meeting 
the requirements of part D, title I of the CAA (see section 182(a) of 
the CAA).
    The CAA provides that the plan for the area must contain, among 
other things, the following items:
    1. A comprehensive, accurate, current inventory of actual emissions 
from all sources, as described in section 172(c)(3) of the CAA, in 
accordance with guidance provided by the EPA. The pollutants 
inventoried must include volatile organic compounds (VOC), nitrogen 
oxides (NOx) and carbon monoxide. No later than the end of each 
three year period after submission of the initial inventory, until the 
area is redesignated to attainment, the State must submit a revised 
inventory meeting all EPA requirements (see section 182(a)(1) of the 
CAA).
    2. Requirements that the owner or operator of each stationary 
source of NOx or VOC provide the State with a statement, in such 
form as the EPA may prescribe, for classes or categories of sources, 
showing the actual emissions of NOx and VOC from that source. The 
first such statement must be submitted to the State within three years 
after the date of publication of the action establishing the 
nonattainment designation. Subsequent statements shall be submitted at 
least every year thereafter. The statement shall contain a 
certification that the information contained in the statement is 
accurate to the best knowledge of the individual certifying the 
statement. The State may waive the emission statement requirement for 
any class or category of stationary sources which emits less than 25 
tons per year of VOC or NOx, if the State, in its initial and 
periodic emission inventories, provides an inventory of emissions from 
such class or category of sources, based on the use of the emission 
factors established by the EPA, or other methods acceptable to the EPA 
(see section 182(a)(3)(B) of the CAA).
    3. A revised nonattainment new source review permitting program 
meeting the requirements of sections 172(c)(5) and 173 of the CAA, 
including the requirement that the ratio of total emission reductions 
of VOC to total increased emissions of such air pollutant shall be at 
least 1.1 to 1 (see section 182(a)(4) of the CAA).
    4. Revised conformity rules (Regulations 20 NMAC 2.98 and 20 NMAC 
2.99) if necessary (see sections 176 and 182 of the CAA).

Request for Public Comments

    The EPA is, by this action, proposing that the ozone designation 
for a portion of Dona Ana County, New Mexico, be revised. The EPA is 
requesting public comments on all aspects of this proposal including 
the appropriateness of the proposed designation and the scope of the 
proposed boundaries. Public comments must be submitted to the EPA at 
the address identified in ADDRESSES by May 8, 1995.

Miscellaneous

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Redesignation of an area to nonattainment under section 107(d)(3) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the planning status of a 
geographical area and does not, in itself, impose any regulatory 
requirements on sources. To the extent that the area must adopt new 
regulations, based on its nonattainment status, the EPA will review, as 
[[Page 17758]] appropriate, the effect of those actions on small 
entities at the time the State submits those regulations. I certify 
that approval of the redesignation request will not affect a 
substantial number of small entities.

Executive Order

    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.


    Authority: 42 U.S.C. 7407, 7501-7515, 7601.

    Dated: March 30, 1995.
Jane N. Saginaw,
Regional Administrator.
[FR Doc. 95-8603 Filed 4-6-95; 8:45 am]
BILLING CODE 6560-50-P