[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59194-59196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19342]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0856; FRL-10014-08-Region 6]


Air Plan Approval; New Mexico; Repeal of State Regulations for 
Particulate Matter for Lime Manufacturing Plants

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 a New Mexico State 
Implementation Plan (SIP) revision for the repeal of State regulations 
titled 20.2.20 NMAC (Title 20: Environmental Protection, Chapter 2: Air 
Quality (Statewide), Part 20: Lime Manufacturing Plants--Particulate 
Matter of the New Mexico Administrative Code) that cover particulate 
matter emission standards for lime manufacturing plants and lime 
hydrators in the State of New Mexico. The EPA is approving the repeal 
of the regulations based on the CAA section 110(l) demonstration 
contained in the New Mexico submittal, which provides that the SIP 
revision will not interfere with attainment and maintenance of the 
national ambient air quality standards (NAAQS) or any other CAA 
requirement.

DATES: This rule is effective on October 21, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0856. All documents in the docket are 
listed on the https://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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Karolina Ruan Lei, EPA Region 6, 
Air and Radiation Division, (214) 665-7346, [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 July 
8, 2020, proposal (85 FR 40951). In that document, we proposed to 
approve the New Mexico SIP revision submitted on February 13, 2019, 
that would repeal 20.2.20 NMAC. We proposed to approve the repeal of 
the regulation based on the CAA section 110(l) demonstration contained 
in the New Mexico submittal, which provides that the SIP revision will 
not interfere with attainment and maintenance of the NAAQS or any other 
CAA requirement.

II. Response to Comments

    We received one anonymous public comment on our proposal. The 
public comment supported more stringent requirements, even if not 
technically required, in order to protect the environment. We 
appreciate the public comment. Our action to approve New Mexico's 
submission, which includes repealing the New Mexico regulations at 
20.2.20 NMAC and the accompanying non-interference demonstration, is 
protective of the NAAQS and does not interfere with any applicable CAA 
requirement as is required by CAA section 110(l). Section 110(l) of the 
CAA provides that ``. . . The Administrator shall not approve a 
revision of a plan if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in [CAA section 171]) or any other applicable requirement of 
[the CAA].''
    In addition, a state can be more stringent than the CAA 
requirements. If a SIP submittal meets the CAA's requirements, however, 
the EPA must approve it. This is made clear in CAA section 110(k)(3), 
which states the Administrator shall approve such submittal as a whole 
if it meets all of the applicable requirements. Thus, the EPA must 
approve SIP submittals that meet the CAA's requirements. We note that 
the commenter did not indicate reason that the SIP revision did not 
comply with the CAA.
    As mentioned in the previous section, our reasoning and basis for 
our approval of the repeal of 20.2.20 NMAC are described in detail in 
our proposed rulemaking (85 FR 40951, July 8, 2020) and the 
accompanying Technical Support Document for that rulemaking, found in 
Docket ID No. EPA-R06-OAR-2018-0856. The summary of our findings in our 
proposal is as follows.
    After evaluating the State's submittal, we found that the removal 
of 20.2.20 NMAC from the New Mexico SIP will not interfere with any 
applicable requirement concerning attainment and maintenance of the 
NAAQS as well as reasonable further progress, or any other applicable 
requirement of the CAA. We base our finding on the following:

[[Page 59195]]

     This rule, while originally intended to apply to multiple 
sources, now only applies to one source.
     The one source is also governed by a permit issued under 
the SIP-approved permitting requirements of 20.2.72 NMAC, Construction 
Permits, that requires compliance with CAA requirements, including the 
NAAQS.
     Modeling that shows that this one source at its full 
potential to emit emissions will not cause an exceedance of the NAAQS 
or prevention of significant deterioration (PSD) increment.
     The nearest particulate matter nonattainment area is 287 
kilometers away from this source, and its nonattainment issues are 
primarily caused by nonanthropogenic sources. Therefore, the one 
subject source will not have an impact on that area.
     Likewise, the one source is located centrally in New 
Mexico and will therefore have a negligible impact on any surrounding 
state's air quality.
     Finally, review of recent monitoring data does not 
indicate particulate matter nonattainment problems to which the source 
might contribute.
     There are no other applicable requirements, such as the 
New Mexico Regional Haze Plan, with which emissions from the source 
could interfere.
     If new sources or modification at the existing source 
occur, these changes will have to be approved under NMED's SIP-approved 
permitting program to ensure that the changes will not interfere with 
attainment and maintenance of the NAAQS.
    Therefore, the removal of 20.2.20 NMAC from the New Mexico SIP will 
not interfere with any applicable requirement concerning attainment and 
maintenance of the NAAQS as well as reasonable further progress, or any 
other applicable requirement of the CAA. Therefore, under CAA section 
110(k)(3) the EPA must move forward with approval of this SIP revision 
because it meets the requirements of the Act.

III. Final Action

    We are approving New Mexico's February 13, 2019, SIP submittal that 
provides modifications to State regulations and update the federally 
approved New Mexico SIP accordingly. This final rule removes 20.2.20 
NMAC, Lime Manufacturing Plants--Particulate Matter, from the New 
Mexico SIP, codified at 40 CFR part 52, subpart GG, 52.1620, as we find 
that such a revision will not adversely affect the attainment of 
applicable CAA requirements. This action is being taken under section 
110 of the Act.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. As described in the Final Action 
section above, the EPA is finalizing to remove 20.2.20 NMAC, Lime 
Manufacturing Plants--Particulate Matter, from the New Mexico SIP, 
which is incorporated by reference in accordance with the requirements 
of 1 CFR part 51.

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);
     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 November 20, 2020. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Dated: August 26, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as follows:

[[Page 59196]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico


Sec.  52.1620  [Amended]

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2. In Sec.  52.1620 in paragraph (c), amend the table titled ``EPA 
Approved New Mexico Regulations'' by removing the entry for ``Part 20'' 
titled ``Lime Manufacturing Plants--Particulate Matter'' under ``New 
Mexico Administrative Code (NMAC) Title 20--Environment Protection 
Chapter 2--Air Quality''.

[FR Doc. 2020-19342 Filed 9-18-20; 8:45 am]
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