[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12493-12496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0850; FRL-9975-60--Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Infrastructure and Interstate Transport for the 2012 Fine 
Particulate Matter National Ambient Air Quality Standard and Revised 
Statutes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving State Implementation 
Plan (SIP) revisions submitted by the State of New Mexico to address 
the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA 
or Act) for the 2012 fine particulate matter (PM2.5) 
National Ambient Air Quality Standard (NAAQS). These requirements are 
designed to ensure that the structural components of each state's air 
quality program are adequate to meet the state's responsibility under 
the CAA (infrastructure SIP or i-SIP). EPA is also approving an update 
to the New Mexico

[[Page 12494]]

statutes pertaining to conflicts of interest.

DATES: This rule is effective on April 23, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0850. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our 
December 26, 2017 proposal (82 FR 60933). In that document we proposed 
to approve the August 6, 2015 and December 8, 2015, i-SIP submittals 
from the New Mexico Environment Department and Albuquerque-Bernalillo 
County pertaining to the implementation, maintenance and enforcement of 
the 2012 PM2.5 NAAQS in New Mexico and all four of the 
interstate transport requirements. We also proposed to approve as part 
of the SIP the updates to the New Mexico statutes pertaining to 
conflicts of interest. We did not receive any comments regarding our 
proposal.

II. Final Action

    We are approving the August 6, 2015 and December 8, 2015, i-SIP 
submittals pertaining to implementation, maintenance, and enforcement 
of the 2012 PM2.5 NAAQS, including all the transport sub-
elements (CAA section 110(a)(2)(D)). We are also approving the portions 
of the updated statutes pertaining to conflicts of interest (CAA 
section 110(a)(2)(E)(ii)) in the New Mexico August 6, 2015 SIP 
submittal. The portions of the SIP submittal pertaining to the other 
Statute updates will be addressed at a later date.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the New Mexico Statutes as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 6 Office (please contact Sherry Fuerst in the For Further 
Information Contact section for more information). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation (62 FR 27968, May 22, 1997).

IV. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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 May 21, 2018. 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).)

[[Page 12495]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: March 16, 2018.
Anne Idsal,
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 paragraph (e) is amended:
0
a. In the first table titled ``EPA Approved New Mexico Statutes in the 
Current New Mexico SIP'' by revising the title to read ``EPA Approved 
New Mexico Statutes''; revising the first centered heading to read 
``New Mexico Statutes''; adding a new centered heading for ``Chapter 
10--Public Officers and Employees'' followed by new entries for 
Sections 10-16-1 to 10-16-4, 10-16-6 to 10-16-9, 10-16-11, 10-16-13, 
and 10-16-14; adding a new centered heading for ``Chapter 74--
Environmental Improvement''; revising the entries for Sections 74-1-4 
and 74-2-4; and removing the entries for ``Article 16, Sections 10-16-1 
through 10-16-16'' and ``Article 16, Supplemental'';
0
b. In the second table titled ``EPA Approved Nonregulatory Provisions 
and Quasi-Regulatory Measures in the New Mexico SIP'' by adding an 
entry at the end for ``Infrastructure and interstate transport for the 
2012 PM2.5 NAAQS''.
    The amendments read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

                                        EPA-Approved New Mexico Statutes
----------------------------------------------------------------------------------------------------------------
                                                      State
                                                    approval/
     State citation            Title/subject        effective      EPA approval date             Comments
                                                       date
----------------------------------------------------------------------------------------------------------------
                                               New Mexico Statutes
----------------------------------------------------------------------------------------------------------------
                                    Chapter 10--Public Officers and Employees
----------------------------------------------------------------------------------------------------------------
10-16-1.................  Short Title............     8/6/2015  3/22/2018, [Insert       .......................
                          Governmental Conduct                   Federal Register
                           Act.                                  citation].
10-16-2.................  Definitions............     8/6/2015  3/22/2018, [Insert       .......................
                                                                 Federal Register
                                                                 citation].
10-16-3.................  Ethical principles of       8/6/2015  3/22/2018, [Insert       .......................
                           public service;                       Federal Register
                           certain official acts                 citation].
                           prohibited; penalty.
10-16-4.................  Official act for            8/6/2015  3/22/2018, [Insert       .......................
                           personal financial                    Federal Register
                           interest prohibited;                  citation].
                           disqualification from
                           official act;
                           providing a penalty.
10-16-6.................  Confidential                8/6/2015  3/22/2018, [Insert       .......................
                           information.                          Federal Register
                                                                 citation].
10-16-7.................  Contracts involving         8/6/2015  3/22/2018, [Insert       .......................
                           public officers or                    Federal Register
                           employees.                            citation].
10-16-8.................  Contracts involving         8/6/2015  3/22/2018, [Insert       .......................
                           former public officers                Federal Register
                           or employees;                         citation].
                           representation of
                           clients after
                           government service.
10-16-9.................  Contracts involving         8/6/2015  3/22/2018, [Insert       .......................
                           legislators;                          Federal Register
                           representation before                 citation].
                           state agencies.
10-16-11................  Codes of conduct.......     8/6/2015  3/22/2018, [Insert       Includes New Mexico
                                                                 Federal Register         Environmental Board
                                                                 citation].               Code of Conduct
                                                                                          approved by the
                                                                                          Governor on February
                                                                                          27, 1990 (64 FR
                                                                                          29235).
10-16-13................  Prohibited bidding.....     8/6/2015  3/22/2018, [Insert       .......................
                                                                 Federal Register
                                                                 citation].
10-16-14................  Enforcement procedures.    7/16/1990  3/22/2018, [Insert       .......................
                                                                 Federal Register
                                                                 citation].
----------------------------------------------------------------------------------------------------------------
                                      Chapter 74--Environmental Improvement
----------------------------------------------------------------------------------------------------------------
74-1-4..................  Environmental               8/6/2015  3/22/2018, [Insert       Approved for State
                           improvement board;                    Federal Register         Board Composition and
                           creation; organization.               citation].               Conflict of Interest
                                                                                          Provisions.
 
                                                  * * * * * * *
74-2-4..................  Local authority........     8/6/2015  3/22/2018, [Insert       Approved for for State
                                                                 Federal Register         Board Composition and
                                                                 citation].               Conflict of Interest
                                                                                          Provisions.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or     State submittal/
     Name of SIP provision         nonattainment      effective date   EPA approval date        Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure and interstate    Statewide........  8/6/2015, 12/8/    3/22/2018,         SIPs adopted by: NMED
 transport for the 2012 PM2.5                        2015.              [Insert Federal    and City of
 NAAQS.                                                                 Register           Albuquerque
                                                                        citation].
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[FR Doc. 2018-05765 Filed 3-21-18; 8:45 am]
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