[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Rules and Regulations]
[Pages 30789-30791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14339]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[NM-25-1-6980; FRL-5218-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act (CAA), the 
EPA is taking final action to redesignate a portion of Dona Ana County, 
New Mexico (i.e. the Sunland Park area) from unclassifiable/attainment 
to nonattainment for the ozone National Ambient Air Quality Standards 
(NAAQS). The redesignation is based upon violations of the ozone NAAQS 
which were monitored from 1992-1994.

EFFECTIVE DATE: July 12, 1995.

ADDRESSES: 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

    The CAA 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) of the CAA, 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). Following receipt of 
the Governor's letter, the EPA proceeded to propose the nonattainment 
designation for the Sunland Park area (see 60 Federal Register (FR) 
17756-17758, April 7, 1995). The EPA now is taking final action on the 
proposed nonattainment redesignation. Based upon the EPA's review of 
the State's January 30, 1995, letter for the Sunland Park area, the EPA 
is finalizing a redesignation to nonattainment which is consistent with 
the request submitted by the Governor of New Mexico.
    Section 107(d)(1)(A) of the CAA sets out definitions of 
nonattainment, attainment, and unclassifiable. 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 [[Page 30790]] CAA) 1. 
Thus, in determining the appropriate boundaries for the nonattainment 
area finalized 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.
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Response to Public Comments

    In the April 7, 1995, proposal FR action, the EPA requested public 
comments on all aspects of the proposal, including the appropriateness 
of the proposed designation and the scope of the proposed boundaries. 
The EPA received no comments on the proposal FR action.

Final 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 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 is 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 will be three years from the effective date of 
this 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 technical 
information supporting the redesignation request and the boundary 
selections are available for public review at the addresses indicated 
above.

Significance of Final Action for the Sunland Park Area, New Mexico

    Within 24 months after the effective date of this final action on 
the nonattainment redesignation, New Mexico must submit an 
implementation plan for the Sunland Park ozone nonattainment area 
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 
effective date of this final 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).

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 
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.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 11, 1995. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)). [[Page 30791]] 

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

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 25, 1995.
Jane N. Saginaw,
Regional Administrator.

    40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. In Sec. 81.332 the ozone table is amended by revising the entry 
``AQCR 153 El Paso-Las Cruces-Alamogordo'' to read as follows:


Sec. 81.332  New Mexico.

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                                                New Mexico--Ozone                                               
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                                        Designation                                 Classification              
   Designated area    ------------------------------------------------------------------------------------------
                              Date \1\                 Type                 Date \1\                Type        
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
AQCR 153 El Paso-Las   .....................  .....................  .....................  ....................
 Cruces-Alamogordo.                                                                                             
Dona Ana County        July 12, 1995........  Nonattainment........  July 12, 1995........  Nonattainment.      
 (part)--The 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.                                                                                                         
Remainder of Dona Ana  .....................  Unclassifiable/        .....................  ....................
 County.                                       Attainment.                                                      
Lincoln County.......  .....................  Unclassifiable/        .....................  ....................
                                               Attainment.                                                      
Otero County.........  .....................  Unclassifiable/        .....................  ....................
                                               Attainment.                                                      
Sierra County........  .....................  Unclassifiable/        .....................  ....................
                                               Attainment.                                                      
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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\1\ This date is November 15, 1990, unless otherwise noted.                                                     

[FR Doc. 95-14339 Filed 6-9-95; 8:45 am]
BILLING CODE 6560-50-P