[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Rules and Regulations]
[Pages 48285-48287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16290]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-NM-0002; FRL-7954-5]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; San Juan County Early Action Compact Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) submitted by the Governor of New Mexico on December 16, 
2004. The revisions will incorporate the Early Action Compact (EAC) 
Clean Air Action Plan (CAAP) into the New Mexico SIP. EPA is approving 
the photochemical modeling in support of the attainment demonstration 
for the 8-hour ozone standard within the San Juan County EAC area. 
These actions strengthen the SIP in accordance with the requirements of 
sections 110 and 116 of the Federal Clean Air Act (the Act), and will 
result in emission reductions needed to help ensure continued 
attainment and maintenance of the 8-hour National Ambient Air Quality 
Standard (NAAQS) for ozone.

DATES: This final rule is effective on September 16, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID No. R06-OAR-2005-NM-0002. All documents in 
the docket are listed in the RME index at http://docket.epa.gov/rmepub/
; once in the system, select ``quick search,'' then type in the 
appropriate RME docket identification number. Although listed in the 
index, some information is not publicly available, i.e., confidential 
business information or other information the disclosure of which is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in hard copy at the Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 FOIA 
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays 
except for legal holidays. Contact the person listed in the FOR FURTHER 
INFORMATION CONTACT paragraph below, or Mr. Bill Deese at (214) 665-
7253, to make an appointment. If possible, please make the appointment 
at least two working days in advance of your visit. There will be a 15 
cents per page fee for making photocopies of documents. On the day of 
the visit, please check in at the EPA Region 6 reception area at 1445 
Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    New Mexico Environment Department, Air Quality Bureau, 2048 
Galisteo, Santa Fe, New Mexico 87505.

FOR FURTHER INFORMATION CONTACT: Carrie Paige, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-6521, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``our,'' and ``us'' is used, we mean EPA.

Outline

I. Background
II. What Action Is EPA Taking?
III. What Comments Did EPA Receive on the May 4, 2005 Proposed 
Rulemaking for the San Juan County EAC Area?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On May 4, 2005, EPA proposed approval of the San Juan County EAC 
area's Clean Air Action Plan (CAAP), the photochemical modeling in 
support of the attainment demonstration and related control measures as 
revisions to the SIP submitted to EPA by the State of New Mexico. The 
proposal provides a detailed description of these revisions and the 
rationale for EPA's proposed actions, together with a discussion of the 
opportunity to comment. The public comment period for these actions 
closed on June 3, 2005. See the Technical Support Document (TSD) or our 
proposed rulemaking at 70 FR 23075 for more information. Two comments, 
one of which is adverse, were received on EPA's proposed approval of 
the San Juan County EAC area's CAAP and 8-hour ozone attainment 
demonstration for the EAC area.

II. What Action Is EPA Taking?

    Today we are approving revisions to the New Mexico SIP under 
sections 110 and 116 of the Act. The revisions demonstrate continued 
attainment and

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maintenance of the 8-hour ozone standard within the San Juan County EAC 
area. The revisions include the San Juan County EAC CAAP, photochemical 
modeling and related control measures. The intent of the SIP revisions 
is to reduce ozone pollution and thereby maintain the 8-hour ozone 
standard.

III. What Comments Did EPA Receive on the May 4, 2005 Proposed 
Rulemaking for San Juan County?

    We received two comment letters on the May 4, 2005 proposed 
rulemaking for San Juan County.
    Comment: One letter indicated that EPA provided an incorrect Web 
site for information and reports on ozone in San Juan County. The 
correct internet address is http://www.nmenv.state.nm.us/aqb/ozonetf/index.html. Additional information can be found at http://www.nmenv.state.nm.us/aqb/projects/ozone.html.
    Response: Our proposed rulemaking and TSD incorrectly referred to 
this Web site as http://www.nmenv.state.nm.us/ozoneetf. We appreciate 
the correction and will also amend the TSD to reflect the correct 
internet address.
    Comment: One letter provided both supportive and adverse discourse, 
commending the State of New Mexico for steps it has taken to improve 
air quality. The commenter opposes approval of the SIP revision 
because, should the area experience a violation of the 8-hour standard, 
the SIP revision (1) provides for the deferment of the area's 
nonattainment designation to as late as December 31, 2007, and (2) 
relieves the area of its obligations under Title I, Part D of the Act. 
The commenter contends that EPA does not have the legal authority to 
defer the effective date of an area's nonattainment designation nor to 
relieve areas of the obligations of Part D of Title I of the Act when 
areas are violating the standard and designated nonattainment.
    Response: We appreciate the support expressed towards the State of 
New Mexico and towards the efforts made to ensure that the citizens in 
the San Juan County EAC area continue to breathe clean air. We continue 
to believe that the EAC program, as designed, gives San Juan County the 
flexibility to develop their own approach to maintaining the 8-hour 
ozone standard and believe San Juan County is serious in their 
commitment to control emissions from local sources. By involving 
diverse stakeholders, including representatives from industry, local 
and State governments, and local environmental and citizen groups, San 
Juan County is implementing regional cooperation in solving air quality 
problems that affect the health and welfare of its citizens. People 
living in the San Juan County EAC area will realize reductions in 
pollution levels and enjoy the health benefits of cleaner air sooner 
than might otherwise occur.
    In the April 2004 designation rule (69 FR 23858), the San Juan 
County EAC area was designated as attainment for the 8-hour ozone 
NAAQS. The commenter incorrectly asserts that this SIP revision 
provides for deferment of the designation of the area as nonattainment 
should the area experience a violation of the 8-hour ozone standard. 
Nor does EPA's approval of this SIP alter the applicability of the 
redesignation provision of the Act should the San Juan County EAC area 
experience a violation of the 8-hour ozone NAAQS in the future. Section 
107(d)(3)(A) provides that EPA may redesignate an area ``on the basis 
of air quality data, planning and control considerations, or any other 
air quality-related considerations.'' Should the San Juan County EAC 
area experience a violation of the 8-hour ozone NAAQS in the future, 
EPA would consider these statutory factors in determining whether to 
redesignate the area to nonattainment for the 8-hour ozone NAAQS. The 
commenter is also incorrect that this SIP approval relieves the San 
Juan County EAC area of the requirements of Part D of Title I of the 
Act. These provisions apply to areas designated nonattainment. Because 
the San Juan County EAC area is designated attainment for the 8-hour 
ozone NAAQS, these provisions do not apply in the San Juan County EAC 
area.

IV. Final Action

    EPA is approving the attainment demonstration, its related control 
measures, and the San Juan County EAC CAAP, and we are incorporating 
these revisions into the New Mexico SIP. We have determined that the 
voluntary control measures included in the attainment demonstration are 
surplus and are Federally enforceable once approved into the SIP. The 
modeling of ozone and ozone precursor emissions from sources in the San 
Juan County EAC area demonstrate that the area will continue to attain 
the 8-hour ozone NAAQS through December 31, 2007 and maintain that 
standard through 2012. We have reviewed the CAAP and the attainment and 
maintenance demonstration and determined that they are consistent with 
the requirements of the Act, EPA's policy, and the EAC protocol.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason and because this action will not have a significant, adverse 
effect on the supply, distribution, or use of energy, this action is 
also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001). This action merely approves State 
law as meeting Federal requirements and imposes no additional 
requirements beyond those imposed by State law. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
approves pre-existing requirements under State law and does not impose 
any additional enforceable duty beyond that required by State law, it 
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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). Although Executive Order 13175 does not 
apply to this rule, tribal officials, through their participation in 
the Four Corners Ozone Task Force, have been active in the development 
of this rule. This action also does not have federalism implications 
because it does not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This action merely approves a State rule implementing 
a Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997),

[[Page 48287]]

because it is not economically significant.
    In reviewing SIP submissions under the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to 
approve State choices, provided that they meet the criteria of the 
Clean Air Act. In this context, in the absence of a prior existing 
requirement for the State to use voluntary consensus standards (VCS), 
EPA has no authority to disapprove a SIP submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 17, 2005. 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).)

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 10, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart GG--New Mexico

0
2. The second table in Sec.  52.1620(e) entitled ``EPA approved 
nonregulatory provisions and quasi-regulatory measures in the New 
Mexico SIP'' is amended by adding a new entry, immediately following 
the last entry in the table, to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                                                 State
                                      Applicable geographic    submittal/
       Name of SIP provision           or nonattainmentdate    effective     EPA approval date      Explanation
                                               area               date
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                                                  * * * * * * *
Clean Air Action Plan and 8-hour     San Juan County........     12/16/04  8/17/05 [Insert        ..............
 ozone standard attainment                                                  Federal Register
 demonstration for the San Juan                                             page number where
 County EAC area.                                                           document begins].
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[FR Doc. 05-16290 Filed 8-16-05; 8:45 am]
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