[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36246-36247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15322]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0270; FRL-9929-38-Region-6]


Approval and Promulgation of Air Quality Implementation Plans; 
State of New Mexico; Infrastructure Requirements for the 2008 Ozone and 
2010 Nitrogen Dioxide National Ambient Air Quality Standards and 
Interstate Transport of Fine Particulate Matter Air Pollution Affecting 
Visibility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) submittal from the State of New Mexico 
pertaining to the implementation, maintenance, and enforcement of the 
2008 National Ambient Air Quality Standards (NAAQS or standards) for 
Ozone (O3) and the 2010 NAAQS for Nitrogen Dioxide 
(NO2). EPA is also approving the finding that the State of 
New Mexico meets the 2006 fine particulate matter (PM2.5) 
NAAQS requirement pertaining to interstate transport of air pollution 
and visibility protection.

DATES: This final rule is effective on July 24, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2014-0270. 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 available, e.g., Confidential Business 
Information or other information whose disclosure 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 http://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.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454, 
[email protected] (O3 and NO2 SIPs); or, 
(214) 665-6645, [email protected] (fine particulate matter).

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

I. Background

    The background for today's action is discussed in detail in our 
March 26, 2015, proposal (80 FR 15963). In that rulemaking action, we 
proposed to approve (1) an August 27, 2013, SIP submittal from the 
State of New Mexico pertaining to the implementation, maintenance and 
enforcement of the 2008 ozone NAAQS, (2) a March 12, 2014, SIP 
submittal pertaining to the implementation, maintenance and enforcement 
of the 2008 nitrogen dioxide NAAQS, and; (3) that the November 27, 2012 
and October 9, 2014 final SIP actions pertaining to the interstate 
transport requirement for visibility protection meet the requirement 
for the 2006 PM 2.5 NAAQS. The public comment period for the March 26, 
2015, proposal (80 FR 15963) expired on April 27, 2015, and we did not 
receive any comments concerning our proposal. Therefore, we are 
finalizing our proposed action.

II. Final Action

    We are approving the (1) August 27, 2013, SIP submittal from the 
State of New Mexico pertaining to the implementation, maintenance and 
enforcement of the 2008 ozone NAAQS, (2) March 12, 2014, SIP submittal 
pertaining to the implementation, maintenance and enforcement of the 
2008 nitrogen dioxide NAAQS, and; (3) the November 27, 2012 and October 
9, 2014 final SIP actions pertaining to the interstate transport 
requirement for visibility protection as meeting the requirement for 
the 2006 PM 2.5 NAAQS.

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 Clean Air 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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.

[[Page 36247]]

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 August 24, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purpose 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, Lead, Reporting and 
recordkeeping requirements.

    Dated: June 11, 2015.
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. 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 revising the entry for ``Infrastructure for 
2006 PM2.5 NAAQS'' and adding new entries at the end for 
``Infrastructure for the 2008 Ozone NAAQS'' and ``Infrastructure for 
the 2010 NO2 NAAQS''.
    The revision and additions reads 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       submittal/
      Name of SIP provision          geographic or      effective    EPA approval date         Explanation
                                   nonattainment area      date
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                                                  * * * * * * *
Infrastructure for 2006 PM2.5     Statewide, except      6/12/2009  1/22/2013, (78.....  Additional approvals on
 NAAQS.                            for Bernalillo                   FR 4337)...........   7/9/2013, 78 FR 40966
                                   County and Indian                                      (110(a)(2)(D)(i)(I))
                                   country.                                               and 6/24/2015, [Insert
                                                                                          Federal Register
                                                                                          citation]
                                                                                          (110(a)(2)(D)(i)(II),
                                                                                          visibility portion).
 
                                                  * * * * * * *
Infrastructure for the 2008       Statewide, except      8/27/2013  6/24/2015..........
 Ozone NAAQS.                      for Bernalillo                   [Insert Federal
                                   County and Indian                 Register citation].
                                   country.
Infrastructure for the 2010 NO2   Statewide, except      3/12/2014  6/24/2015..........
 NAAQS.                            for Bernalillo                   [Insert Federal
                                   County and Indian                 Register citation].
                                   country.
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[FR Doc. 2015-15322 Filed 6-23-15; 8:45 am]
 BILLING CODE 6560-50-P