[Federal Register Volume 72, Number 171 (Wednesday, September 5, 2007)]
[Rules and Regulations]
[Pages 50879-50882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17514]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-NM-0006; FRL-8463-3]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Prevention of Significant Deterioration and New Source 
Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to the New Mexico State 
Implementation Plan (SIP) that were submitted to EPA on April 11, 2002, 
and December 29, 2005. The revisions modify New Mexico's Prevention of 
Significant Deterioration (PSD) and Nonattainment New Source Review 
(NNSR) regulations in the SIP to address changes to the Federal PSD and 
NNSR regulations which were promulgated by EPA on December 31, 2002 and 
reconsidered with minor changes on November 7, 2003 (collectively, 
these two Federal actions are called the ``2002 New Source Review (NSR) 
Reform Rules''). The revisions include provisions for baseline 
emissions calculations, an actual-to-projected-actual methodology for 
calculating emissions changes, options for plantwide applicability 
limits (PALs), and recordkeeping and reporting requirements. EPA is 
approving these revisions pursuant to section 110, part C, and part D 
of the Federal Clean Air Act (Act).

DATES: This rule is effective on October 5, 2007.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R06-OAR-2005-NM-0006. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly

[[Page 50880]]

available, e.g., 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 through 
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 Freedom of Information Act 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. There will be a 15 cent per page fee for making 
photocopies of documents. On the day of the visit, please check in at 
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, 
Texas.
    The State submittal is also available for public inspection during 
official business hours by appointment at the New Mexico Environment 
Department, Air Quality Bureau, 1190 St. Francis Drive, Santa Fe, New 
Mexico 87502.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits 
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7212; 
fax number (214) 665-7263; e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, any reference to 
``we,'' ``us,'' or ``our'' shall mean EPA.

Outline

I. What Action Is EPA Taking?
II. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    The EPA is taking final action to approve the SIP revisions that 
the Governor of New Mexico submitted on December 29, 2005. This 
submittal consists of revisions to two regulations that are already 
part of the New Mexico SIP. The affected regulations are 20.2.74 New 
Mexico Administrative Code (NMAC) (Permits--Prevention of Significant 
Deterioration) and 20.2.79 NMAC (Permits--Nonattainment Areas). The 
revisions will update New Mexico's PSD and NNSR regulations to make 
them consistent with changes to the Federal NSR regulations published 
on December 31, 2002 (67 FR 80186) and November 7, 2003 (68 FR 63021). 
These EPA rulemakings are collectively referred to as the ``2002 NSR 
Reform Rules.'' EPA finds that the changes meet section 110, part C, 
and part D of the Act.
    This SIP revision also includes other non-substantive changes to 
New Mexico's PSD and NNSR rules needed to update the regulatory 
citations, make clarifying revisions to the regulatory text, and 
correct typographical errors. Since the non-substantive changes do not 
change the regulatory requirements, EPA finds they meet section 110(l), 
part C and part D of the Act. Please see the Technical Support Document 
for further information.
    The EPA is also approving portions of the SIP submittal dated April 
11, 2002. This action only approves the following provisions of the 
April 11, 2002, SIP submittal:
     The removal of the definition of ``complete'' currently in 
Paragraph O of 20.2.74.7 NMAC; and
     Revisions to 20.2.74.400 NMAC and 20.2.79 NMAC which 
relate to the requirements for public notice and public participation 
for PSD and NNSR permits. Although the definition of ``complete'' is 
removed from New Mexico's rules, other provisions in the rules address 
the criteria that a permit application must include in order to be 
administratively complete. These provisions meet Federal requirements. 
While New Mexico's rules governing the procedures for determining 
administrative completeness and for public participation have been 
revised, these rules also meet Federal requirements. Therefore, the 
removal of the definition of ``complete'' and the revisions to 
administrative completeness and public participation for PSD and NNSR 
permits meet section 110(l), part C, and part D of the Act. The EPA 
will take appropriate action on the remaining provisions of the April 
11, 2002, submittal in a separate action.
    On June 20, 2007 (72 FR 33933), we published our proposed approval 
of this SIP revision. The proposal provided detailed information about 
the New Mexico SIP revision that we are approving today. The proposal 
also provided a detailed analysis of EPA's rationale for approving the 
New Mexico SIP revisions. In the proposal, we provided opportunity for 
public comment on the proposed action. The comment period for this 
proposed rulemaking ended July 20, 2007. We received no comments, 
adverse or otherwise, on the proposed rulemaking. We are therefore 
finalizing our proposed approval without changes. For more details on 
this submittal, please refer to the proposed rulemaking and to the 
Technical Support Document, which is in the docket for this action.

II. 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, 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, the 
relationship between the Federal Government and Indian tribes, or 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). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, the relationship between the national government and the 
States, or 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. The EPA interprets Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), as applying only to those regulatory actions 
that concern health or safety risks such that the analysis required 
under section 5-501 of

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the Executive Order has the potential to influence the regulation. This 
rule is not subject to Executive Order 13045 because it would approve a 
State program. Executive Order 12898 (59 FR 7629 (February 16, 1994)) 
establishes Federal executive policy on environmental justice. Because 
this rule merely approves a State rule implementing a Federal standard, 
EPA lacks the discretionary authority to modify today's regulatory 
decision on the basis of environmental justice considerations.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the 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 Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) 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. 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. The 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. 
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 5, 2007. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: August 23, 2007.
Richard E. Greene,
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 first table in Sec.  52.1620(c) entitled ``EPA Approved New 
Mexico Regulations'' is amended by revising the entries for part 74 and 
part 79 to read as follows:


Sec.  52.1620  Identification of plan.

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    (c) * * *

                                       EPA Approved New Mexico Regulations
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                                                          State
                                                        approval/
         State citation              Title/subject      effective   EPA  approval  date        Explanation
                                                           date
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          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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                                                  * * * * * * *
Part 74.........................  Permits--Prevention     12/06/05  09/05/07 [Insert FR
                                   of Significant                    page number where
                                   Deterioration.                    document begins].
 
                                                  * * * * * * *
Part 79.........................  Permits--Nonattainm     12/06/05  09/05/07 Insert FR
                                   ent Areas.                        page number where
                                                                     document begins].
 
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[FR Doc. E7-17514 Filed 9-4-07; 8:45 am]
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