[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Rules and Regulations]
[Pages 4337-4339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00731]



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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0710; FRL-9770-9]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Infrastructure and Interstate Transport Requirements for 
the 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the submittal from the State of New Mexico 
pursuant to the Clean Air Act (CAA or Act) that addresses the 
infrastructure elements specified in the CAA necessary to implement, 
maintain, and enforce the 2006 fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS or 
standard). The submittal addresses the infrastructure elements 
specified in the CAA necessary to implement, maintain and enforce the 
2006 PM2.5 NAAQS. We find that the current New Mexico State 
Implementation Plan (SIP) contains the infrastructure elements for the 
2006 PM2.5 NAAQS.

DATES: This final rule is effective on February 21, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2009-0710. All documents in the docket 
are listed in the www.regulations.gov index. Although listed in the 
index, some information is not publicly available, e.g., CBI or other 
information whose disclosure 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 www.regulations.gov 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 fee of 
15 cents per page 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.

FOR FURTHER INFORMATION CONTACT: Mr. John Walser, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7128; fax number 
214-665-6762; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
October 12, 2012 proposal (77 FR 62191). In that notice we proposed to 
approve the submittal from New Mexico that addresses the infrastructure 
elements specified in the CAA section 110(a)(2), necessary to 
implement, maintain, and enforce the 2006 PM2.5 standards. 
The submittal is dated June 12, 2009. We proposed to find that the 
following section 110(a)(2) elements are contained in the current New 
Mexico SIP and provide the infrastructure for implementing the 2006 
PM2.5 standards: Emission limits and other control measures 
(section 110(a)(2)(A)); ambient air quality monitoring/data system 
(section 110(a)(2)(B)); the program for enforcement of control measures 
(section 110(a)(2)(C)); international and interstate pollution 
abatement (section 110(a)(2)(D)(ii)); adequate resources (section 
110(a)(2)(E)); stationary source monitoring system (section 
110(a)(2)(F)); emergency power (section 110(a)(2)(G)); future SIP 
revisions (section 110(a)(2)(H)); consultation with government 
officials (section 110(a)(2)(J)); public notification (section 
110(a)(2)(J)); prevention of significant deterioration (PSD) and 
visibility protection (section 110(a)(2)(J)); air quality modeling data 
(section 110(a)(2)(K)); permitting fees (section 110(a)(2)(L)); and 
consultation/participation by affected local entities (section 
110(a)(2)(M)).
    In addition, we proposed to find that New Mexico has adequately 
addressed one of the four required elements (or prongs) of CAA section 
110(a)(2)(D)(i), the element which requires that the SIP prohibit air 
emissions from sources within a state from interfering with measures 
required to prevent significant deterioration of air quality in any 
other state. We are determining that emissions from sources in New 
Mexico (excluding Bernalillo County and Indian country) do not 
interfere with measures to prevent significant deterioration of air 
quality in any other state for the 2006 PM2.5 NAAQS (CAA 
section 110(a)(2)(D)(i)(II)).
    Our October 12, 2012 proposal provides a detailed description of 
all relevant submittals and the rationale for EPA's proposed actions, 
together with a discussion of the opportunity to comment. The public 
comment period for this action closed on November 13, 2012, and we did 
not receive any comments. In a separate concurrent action also dated 
October 12, 2012, EPA proposed approval of SIP revisions that revised 
the state's PSD and Nonattainment New Source Review (NNSR) permitting 
regulations to address the requirements necessary to implement the 2006 
PM2.5 NAAQS (see Docket ID EPA-R06-OAR-2011-033). That 
action will be finalized on or before this final action to allow full 
approval of the CAA section 110(a)(2)(c) infrastructure requirements.

II. Final Action

    We are approving the submittal provided by the State of New Mexico 
to demonstrate that the New Mexico SIP meets the infrastructure 
elements for the 2006 PM2.5 NAAQS listed below:

Emission limits and other control measures (110(a)(2)(A) of the Act);
Ambient air quality monitoring/data system (110(a)(2)(B) of the Act);
Program for enforcement of control measures (110(a)(2)(C) of the Act);
Interstate and international transport (110(a)(2)(D)(ii) of the Act);
Adequate resources (110(a)(2)(E) of the Act);
Stationary source monitoring system (110(a)(2)(F) of the Act);
Emergency power (110(a)(2)(G) of the Act);
Future SIP revisions (110(a)(2)(H) of the Act);
Consultation with government officials (110(a)(2)(J) of the Act);
Public notification (110(a)(2)(J) of the Act);
Prevention of significant deterioration and visibility protection 
(110(a)(2)(J) of the Act);
Air quality modeling data (110(a)(2)(K) of the Act);
Permitting fees (110(a)(2)(L) of the Act); and
Consultation/participation by affected local entities (110(a)(2)(M) of 
the Act).


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    We are approving the portion of the New Mexico submittal that 
addresses the requirement of section (110)(a)(2)(D)(i)(II) of the Act 
that emissions from sources in New Mexico do not interfere with 
measures required in the SIP of any other state under part C of the Act 
regarding PSD for the 2006 PM2.5 NAAQS.
    EPA is approving these revisions in accordance with section 110 and 
part C of the Act and EPA's regulations and consistent with EPA 
guidance. EPA's approval does not extend to areas within Indian country 
as defined in 18 U.S.C. Section 1151. EPA, or eligible Indian tribes, 
as appropriate, will retain jurisdiction and responsibilities under the 
Clean Air Act, Section 110 within Indian country.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the 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 approves 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.
    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. EPA will submit a report containing this action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 25, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: January 3, 2013.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Section 52.1620(e) is amended by adding a new entry at the end of 
the second table entitled ``EPA Approved Nonregulatory Provisions and 
Quasi-Regulatory Measures in the New Mexico SIP'' to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

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            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date       Explanation
                                    nonattainment area  effective date
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                                                  * * * * * * *
Infrastructure for 2006 PM2.5 and  Statewide, except         6/12/2009  1/22/2013 [Insert    Approval for
 Interstate Transport regarding     for Bernalillo                       FR page number       110(a)(2)(A), (B),
 noninterference with other         County and Indian                    where document       (C), (D)(i)(II)
 states' programs for PSD for the   country.                             begins].             (PSD portion),
 2006 PM2.5 NAAQS.                                                                            (D)(ii), (E), (F),
                                                                                              (G), (H), (J),
                                                                                              (K), (L), and (M).
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[FR Doc. 2013-00731 Filed 1-18-13; 8:45 am]
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