[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Rules and Regulations]
[Pages 75253-75254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29448]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0060; FRL-9903-98-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Prevention of Significant Deterioration; Greenhouse Gas Plantwide 
Applicability Limit Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving portions of one revision to the New Mexico 
State Implementation Plan (SIP) submitted by the New Mexico Environment 
Department (NMED) to EPA on January 8, 2013. The January 8, 2013, 
submittal adopted revisions to the New Mexico Prevention of Significant 
Deterioration (PSD) plantwide applicability limit (PAL) permitting 
provisions to enable the NMED to issue PALs to greenhouse gas (GHG) 
emitting sources. EPA is approving the January 8, 2013, SIP revision to 
the New Mexico PSD permitting program as consistent with federal 
requirements for PSD permitting. EPA is taking no action on the portion 
of the January 8, 2013, SIP revision that relates to the provisions of 
EPA's July 20, 2011, GHG Biomass Deferral Rule. EPA is taking this 
final action under section 110 and part C of the Clean Air Act (CAA or 
the Act). EPA is not approving these rules within the exterior 
boundaries of a reservation or other areas within any Tribal Nation's 
jurisdiction.

DATES: This final rule will be effective January 10, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2013-0060. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information the disclosure of which 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 at http://www.regulations.gov or in hard copy at the Air Permits Section (6PD-R), 
Please schedule an appointment with the person listed in the FOR 
FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-
665-7253.

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, Air Permits Section 
(6PD-R), telephone 214-665-2115; email address [email protected].

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

Table of Contents

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

I. Background for This Final Action

    On August 23, 2013, EPA proposed approval of the January 13, 2013, 
submitted revisions to 20.2.74 NMAC into the New Mexico SIP. See 78 FR 
52473. Our proposed rulemaking provided our preliminary determination 
that the January 13, 2013, revisions to the New Mexico PSD permitting 
program are substantively similar to the federal requirements for the 
permitting of GHG-emitting sources subject to PSD. Our proposal 
demonstrated that the submitted revisions to 20.2.74.7(AZ)(1) and 
20.2.74.320 NMAC appropriately revised the New Mexico PSD PAL 
permitting requirements to provide the NMED the authority to issue GHG 
PALs, consistent with EPA's Tailoring Rule Step 3 for GHG PALs. Our 
analysis also demonstrated that non-substantive revisions adopted at 
20.2.74.7(AZ)(1), (2), (2)(b), (3), (4), and (5) NMAC to correct 
typographical errors are also approvable as revisions to the New Mexico 
SIP.
    We accepted comments on this proposed rulemaking through September 
23, 2013. No comments were received. Therefore, EPA is finalizing the 
rule as proposed.

II. Final Action

    EPA is approving portions of the January 8, 2013, submitted 
revisions to 20.2.74 NMAC into the New Mexico SIP which provide the 
NMED the authority to issue GHG PALs in the New Mexico PSD program. EPA 
has determined that the January 8, 2013, revisions to 20.2.74 NMAC are 
approvable because they were adopted and submitted in accordance with 
the CAA and EPA regulations regarding PSD permitting for GHGs. 
Therefore, under section 110 and part C of the Act, and for the reasons 
stated in our proposed rulemaking, EPA approves the following revisions 
to the New Mexico SIP:
     Substantive revisions to 20.2.74.7(AZ)(1) NMAC 
establishing GHG PAL permitting requirements,
     Non-substantive revisions to 20.2.74.7(AZ)(1), (2), 
(2)(b), (3), (4), and (5) NMAC to correct formatting, and
     Substantive revisions to 20.2.74.320 NMAC establishing the 
GHG PAL permitting requirements.
    EPA is taking no action at this time on the submitted revisions to 
20.2.74.7(AZ)(2)(a) NMAC. The DC Circuit Court issued an order to 
vacate EPA's Biomass Deferral Rule on July 12, 2013.
    EPA is not approving these rules within the exterior boundaries of 
a reservation or other areas within any Tribal Nation's jurisdiction.

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

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     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 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 February 10, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 25, 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(c) is amended by revising the entry for Part 74 
under the first table titled ``EPA Approved New Mexico Regulations'' to 
read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
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                                                          State
                                                        approval/
         State Citation              Title/Subject      effective    EPA approval date           Comments
                                                           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     1/8/2013  12/11/2013.........  Revisions to
                                   of Significant                   [Insert FR page       20.2.74.303(A) NMAC
                                   Deterioration.                    number where         submitted 5/23/2011,
                                                                     document begins].    effective 6/3/2011,
                                                                                          are NOT part of SIP.
                                                                                         20.2.74.303 NMAC
                                                                                          submitted 12/1/2010,
                                                                                          effective 1/1/2011,
                                                                                          remains SIP approved
                                                                                          (6/20/2011, 76 FR
                                                                                          43149).
                                                                                         Revisions to
                                                                                          20.2.74.7(AZ)(2)(a)
                                                                                          NMAC submitted 1/8/
                                                                                          2013, effective 2/6/
                                                                                          2013, are NOT part of
                                                                                          SIP.
                                                                                         20.2.74.7(AZ)(2)(a)
                                                                                          NMAC submitted 5/23/
                                                                                          2011, effective 6/3/
                                                                                          2011, remains SIP
                                                                                          approved.
 
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[FR Doc. 2013-29448 Filed 12-10-13; 8:45 am]
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