[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43964-43966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18098]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0172; FRL-9931-09-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Electronic Reporting Consistent With the Cross Media Electronic 
Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of New 
Mexico. The revision pertains primarily to electronic reporting and 
would require electronic reporting of documents submitted for 
compliance with Clean Air Act (CAA) requirements. The revision also 
includes other changes which are non-substantive and primarily address 
updates to New Mexico Environment Department's (NMED) document viewing 
locations.

DATES: This rule is effective on September 22, 2015 without further 
notice, unless EPA receives relevant adverse comment by August 24, 
2015. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0172, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions.
     Email: [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2015-0172. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that 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 EPA without going through http://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, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption and should be free of any 
defects or viruses. For additional information

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about 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. Sherry Fuerst, 214-665-6454, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Fuerst or Mr. Bill Deese at 214-665-
7253.

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

I. Background

    On February 2, 2015, the Secretary of the NMED submitted rules for 
inclusion into the SIP which amended regulations to include authorizing 
and requiring the electronic submittal of data, reports and permit 
applications in lieu of paper submittals. The revision to the SIP would 
incorporate amendments to rule 20.2.1 of the New Mexico Administrative 
Code (NMAC)--General Provisions. The amendments provide that, after 
proper notification is given, submittals to NMED required under 20 NMAC 
Chapter 2 (Air Quality) must be electronic, unless a waiver is granted 
(20.2.1.117NMAC). Additionally, the revision amends 20 NMAC Chapter 2, 
Part 1 to make non-substantive changes which primarily address updates 
to NMED document viewing locations.

II. EPA's Evaluation

    Our regulations assert that States that wish to receive electronic 
documents must revise the SIP to satisfy the requirements of 40 CFR 
part 3 (Electronic reporting) (40 CFR 51.286). EPA has evaluated the 
State's submittal allowing electronic reporting and has determined that 
it meets the applicable requirements of the EPA air quality regulations 
because it is consistent with EPA's requirements for electronic 
reporting.
    Section 110(l) of the Federal CAA states that each revision to an 
implementation plan submitted by a State under this chapter shall be 
adopted by such State after reasonable notice and public hearing. 
Additionally, we may not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress, or any other applicable requirement of 
the CAA. In its submittal, NMED provided documentation that reasonable 
notice and a public hearing were provided. As the revision allows for 
the electronic reporting of information and does not alter the 
substance of the state monitoring submittals, it will not interfere 
with any applicable requirement of the CAA.

III. Final Action

    We are approving revisions to the New Mexico SIP that pertain to 
electronic reporting, 20.2.1.117 A and B, as proposed in the SIP 
revision proposal package submitted by the Secretary of NMED on 
February 2, 2015.
    We are also approving the amendments that were proposed to correct 
typographical errors and to standardize formatting of rule language.
    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 22, 
2015 without further notice unless we receive relevant adverse comment 
by August 24, 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 1 
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, 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) 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

[[Page 43966]]

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).
    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 22, 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, Reporting and recordkeeping requirements.

    Dated: July 10, 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. In Sec.  52.1620(c), the table titled ``EPA Approved New Mexico 
Regulations'' is amended by revising the entry for ``Part 1'' under 
``New Mexico Administrative Code (NMAC) Title 20--Environment 
Protection, Chapter 2--Air Quality'' 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        Comments
                                                               date
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          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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Part 1.........................  General Provisions.....       1/23/2015  7/24/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
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[FR Doc. 2015-18098 Filed 7-23-15; 8:45 am]
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