[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40913-40915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17058]



[[Page 40913]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0626; FRL-9930-27-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Revisions to the Particulate Matter Less Than 2.5 Micrometers 
(PM2.5) Prevention of Significant Deterioration (PSD) 
Permitting Program State Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of two revisions to the New Mexico SIP for the permitting of 
PM2.5 emissions submitted on May 23, 2011, and August 6, 
2014. Together, these submittals revise the New Mexico PSD program to 
be consistent with the federal PSD regulations regarding the use of a 
significant impact level (SIL) or significant monitoring concentration 
(SMC) for PM2.5 emissions. We are approving these SIP 
revisions to regulate PM2.5 emissions in accordance with 
requirements of section 110 and part C of the Clean Air Act.

DATES: This rule is effective on September 14, 2015 without further 
notice, unless the EPA receives adverse comment by August 13, 2015. If 
the EPA receives relevant adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2014-0626, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions.
     Email: Ms. Adina Wiley at [email protected]
     Mail: Ms. Adina Wiley, Air Planning Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Ste. 1200, Dallas, 
TX 75202-2733.
     Hand Delivery: Ms. Adina Wiley, Air Planning Section (6PD-
R), Environmental Protection Agency, 1445 Ross Avenue, Ste. 700, 
Dallas, TX 75202-2733. Such deliveries are only accepted during the 
hours between 8:00 a.m. and 4:00 p.m. weekdays, and not on legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0626. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. For additional information about the EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, 214-665-2115, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Adina Wiley or Mr. Bill Deese at 214-665-
7253.

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

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards. These ambient standards currently address six 
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. The 
EPA approved SIP regulations and control strategies are federally 
enforceable.

B. Prior Federal Action

    Under Section 165 of the Clean Air Act, PSD permit applications 
must contain air quality monitoring data representing air quality in 
the area affected by the proposed source for the 1-year period 
preceding receipt of the application. In 2010, the EPA promulgated 
regulations for PSD PM2.5 permits which included two 
screening tools: SILs and SMCs. These tools were established to 
determine whether a PSD permit application may be exempted from the 1-
year air monitoring requirement for PM2.5 based on the 
grounds that the increase of the pollutant is de minimis. In response 
to a request from the EPA and a petition, the United States Court of 
Appeals for the District of Columbia Circuit (the Court) vacated and 
remanded to the EPA the portions of the 2010 PSD regulations 
establishing the PM2.5 SILs and SMC.
    In response to the Court's decision, the EPA amended its 
regulations to remove the PM2.5 SILs and SMC provisions. See 
78 FR 73702, December 9, 2013. More detail about this action is 
available in our Technical Support Document, which is available in our 
rulemaking docket.

C. New Mexico's Submittals

    On May 23, 2011, New Mexico submitted revisions to its air 
permitting regulations at 20.2.74 NMAC that reflected the 
PM2.5 SILs and SMC screening tools. On January 22, 2013, the 
EPA approved all of the May 23, 2011 submission except for the portion 
that relates to the screening tools. See 78 FR 4339. On August 6, 2014, 
in accordance with the EPA's changes to the federal regulations, New 
Mexico submitted revisions to 20.2.74 NMAC to remove the 
PM2.5 SILs and SMC which had previously been adopted and 
submitted as a SIP revision. More detail about these actions is 
available in our Technical Support Document, which is available in our 
rulemaking docket.

[[Page 40914]]

II. The EPA's Evaluation

A. Revisions to 20.2.74.303 NMAC, Submitted May 23, 2011, and August 6, 
2014

    The May 23, 2011, submittal added language to paragraph A, 
implementing the ambient air impact analysis exemption for major 
sources or major modifications established by the EPA in the 
PM2.5 PSD Increment--Significant Impact Levels (SILs)--
Significant Monitoring Concentration (SMC) Rule. The August 6, 2014, 
submittal removes the language pertaining to the PM2.5 SIL. 
The May 23, 2011, submittal also replaces the term ``particulate 
matter'' with ``PM10'' in paragraph A.
    The submitted regulations are approvable because they remove the 
PM2.5 SIL consistent with the EPA's December 9, 2013, 
revisions to 40 CFR 51.166(k) and were adopted and submitted in 
accordance with sections 110 and 165 of the Clean Air Act.

B. Revisions to 20.2.74.503 NMAC, Submitted May 23, 2011, and August 6, 
2014

    The May 23, 2011, submittal added a line to TABLE 3--SIGNIFICANT 
MONITORING CONCENTRATIONS, including the pollutant PM2.5, 
its Air Quality Concentration of 4 micrograms per cubic meter and an 
associated 24 hour Averaging Time. The August 6, 2014, submittal 
removes the PM2.5 SMC by changing the PM2.5 Air 
Quality Concentration from 4 micrograms per cubic meter to 0, and 
removes the ``24 hours'' from the PM2.5 Averaging Time 
column. The May 23, 2011, submittal also replaced the term 
``particulate matter'' with ``PM10.''
    The submitted regulations are approvable because they remove the 
PM2.5 SMC consistent with the EPA's December 9, 2013, 
revisions to 40 CFR 51.166(i)(5)(i) and were adopted and submitted in 
accordance with sections 110 and 165 of the Clean Air Act.

III. Final Action

    We are approving revisions to the New Mexico SIP that pertain to 
changes to 20.2.74 NMAC submitted May 23, 2011, and August 6, 2014. 
Specifically, we are approving the revisions to 20.2.74.303 NMAC--
Ambient Impact Requirements, paragraph A and 20.2.74.503 NMAC Table 3--
Significant Monitoring Concentrations. The EPA has made the 
determination that the submitted regulations are approvable because the 
submitted rules were adopted and submitted in accordance with the CAA 
and are consistent with the EPA's regulations regarding PSD permitting 
for PM2.5 emissions.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on September 14, 
2015 without further notice unless we receive relevant adverse comment 
by August 13, 2015. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 40 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the New Mexico regulations as described in the Final 
Action section above. We have made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 CAA; 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 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).

[[Page 40915]]

    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 September 14, 2015. 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: June 30, 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. Section 52.1620 in paragraph (c), first table, is amended by 
revising the entry ``Part 74, Permits--Prevention of Significant 
Deterioration'' under ``New Mexico Administrative Code (NMAC) Title 
20--Environment Protection Chapter 2--Air Quality'' 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 date   EPA Approval date         Comments
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          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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                                                  * * * * * * *
Part 74........................  Permits--Preventio       7/11/2014   7/14/2015 [Insert   Revisions to
                                  n of Significant                     Federal Register    20.2.74.7(AZ)(2)(a)
                                  Deterioration.                       citation].          NMAC submitted 1/8/
                                                                                           2013, effective 2/6/
                                                                                           2913, 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. 2015-17058 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P