[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Proposed Rules]
[Pages 57388-57390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22283]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0167; FRL-8989-01-R6]


Air Plan Approval; New Mexico; Clean Air Act Requirements for 
Emissions Inventory and Emissions Statement for Nonattainment Area for 
the 2015 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State Implementation Plan (SIP) submitted by the State of 
New Mexico to meet the Emissions Inventory (EI), and Emissions 
Statement (ES) requirements of the Federal Clean Air Act (CAA or the 
Act) for the Sunland Park ozone nonattainment area for the 2015 8-hour 
ozone national ambient air quality standards (NAAQS). EPA is proposing 
to approve this action pursuant to section 110 and part D of the CAA 
and EPA's regulations.

DATES: Written comments must be received on or before November 15, 
2021.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0167, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-7222, [email protected]. 
The EPA Region 6 office is closed to the public to reduce the risk of 
transmitting COVID-19. We encourage the public to submit comments via 
https://www.regulations.gov, as there is a delay in processing mail and 
no courier or hand deliveries will be accepted. Please call or email 
the contact listed above if you need alternative access to material 
indexed but not provided in the docket.

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

I. Background

    Ozone is a gas that is formed by the reaction of Volatile Organic 
Compounds (VOC) and Oxides of Nitrogen (NOX) in the 
atmosphere in the presence of sunlight. Therefore, an emission 
inventory for ozone focuses on the emissions of VOC and NOX 
referred to as ozone precursors. These precursors (VOC and 
NOX) are emitted by many types of pollution sources, 
including point sources such as power plants and industrial emissions 
sources; on-road and off-road mobile sources (motor vehicles and 
engines); and smaller residential and commercial sources, such as dry 
cleaners, auto body shops, and household paints, collectively referred 
to as nonpoint sources (also called area sources).

1. The 2015 Ozone NAAQS

    On October 1, 2015 the EPA revised both the primary and secondary 
NAAQS \1\ for ozone from concentration level of 0.075 part per million 
(ppm) to 0.070 ppm to provide increased protection of public health and 
the environment (80 FR 65296, October 26, 2015). The 2015 8-hour ozone 
NAAQS retains the same general form and averaging time as the 0.075 ppm 
NAAQS set in 2008 NAAQS but is set at a more protective level. 
Specifically, the 2015 8-hour ozone NAAQS is attained when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ambient air quality ozone concentrations is less than or equal to 0.07 
ppm.\2\
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    \1\ The primary ozone standards provide protection for children, 
older adults, and people with asthma or other lung diseases, and 
other at-risk populations against an array of adverse health effects 
that include reduced lung function, increased respiratory symptoms 
and pulmonary inflammation; effects that contribute to emergency 
department visits or hospital admissions; and mortality. The 
secondary ozone standards protect against adverse effects to the 
public welfare, including those related to impacts on sensitive 
vegetation and forested ecosystems.
    \2\ For a detailed explanation of the calculation of the 3-year 
8-hour average, see 80 FR 65296 and 40 CFR part 50, Appendix U.
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    On March 9, 2018 (83 FR 10376), the EPA published the 
Classifications Rule that establishes how the statutory classifications 
will apply for the 2015 8-hr ozone NAAQS, including the air quality 
thresholds for each classification category and attainment deadline 
associated with each classification.
    On June 18, 2018, the EPA classified the Sunland Park area in 
southern Do[ntilde]a Ana County, New Mexico as marginal nonattainment 
area for 2015 ozone NAAQS with an attainment deadline of August 3, 
2021. (See 83 FR 25776).

2. Statutory and Regulatory Emission Inventory Requirements

    An emission inventory of ozone is an estimation of actual emissions 
of air pollutants that contribute to the formation of ozone in an area. 
The emissions inventory provides emissions data for a variety of air 
quality planning tasks, including establishing baseline emission levels 
for calculating emission reduction targets needed to attain the NAAQS, 
determining emission inputs for ozone air quality modeling analyses, 
and tracking emissions over time to determine progress toward meeting 
Reasonable Further Progress (RFP) requirements.
    CAA section 182(a)(1) and 40 CFR 51.1315(b) require states to 
submit a ``base year inventory'' for each ozone nonattainment area 
within two years of the effective date of designation. This inventory 
must be ``a comprehensive, accurate, current inventory of actual 
emissions from sources of VOC and

[[Page 57389]]

NOX emitted within the boundaries of the nonattainment area 
as required by CAA section 182(a)(1)'' (40 CFR 51.1300(p), see also CAA 
section 172(c)(3). In addition, 40 CFR 51.1310(b) requires that the 
inventory year be selected consistent with the baseline year for the 
RFP plan, which is usually the most recent calendar year for which a 
complete triennial emissions inventory is required to be submitted to 
the EPA under the Air Emissions Reporting Requirements (AAER) (40 CFR 
part 51, subpart A).

3. Statutory and Regulatory Emissions Statement Requirements

    Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit revisions to their SIP to require the 
owner or operator of each major stationary source of NOX or 
VOC to provide the state with annual statement documenting the actual 
emissions of NOX and VOC from their sources. For 
nonattainment areas, air agencies must develop, and include in their 
SIPs, emission reporting programs for certain VOC and NOX 
sources in accordance with CAA section 182(a)(3)(B). The required state 
program defines how air agencies obtain emissions data directly from 
certain facilities, and these data, along with other information, are 
then reported to the EPA as part of SIP inventories required under CAA 
sections 182(a)(1) and 182(a)(3)(A). This state program is generally 
referred to as an emissions statement regulation, and it outlines how 
certain facilities must report emissions and facility activity data to 
an air agency, typically a state agency. Reports submitted to air 
agencies must be accompanied by ``a certification that the information 
contained'' in the report is ``accurate to the best knowledge'' of the 
facility. To properly implement the emissions reporting requirements, 
emissions statement regulations should be coordinated carefully with 
the data elements that are required by the EPA (requirements at 40 CFR 
51.1115 and 40 CFR 51.1315). An air agency must submit the emissions 
statement regulation required by CAA section 182(a)(3)(B), or a written 
statement certifying a previously approved regulation, to the EPA as a 
SIP revision for approval. CAA section 110, in conjunction with 40 CFR 
51.102, 51.103 and Appendix V, establishes the procedure for submitting 
a SIP revision. Under section 182(a)(3)(B)(ii), air agencies may waive 
the requirement for emission statements for classes or categories of 
sources with less than 25 ton per year of actual plant-wide 
NOX or VOC emissions in nonattainment areas, provided the 
class or category is included in the base year and periodic inventories 
required under CAA sections 182(a)(1) and 182(a)(3)(A), 
respectively.\3\
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    \3\ See Implementation of the 2015 NAAQS for Ozone: 
Nonattainment Area State Implementation Plan Requirements Plan Final 
Rule, 83 FR 63002-63023, December 6, 2018.
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II. State's Submittal

    On September 10, 2020, New Mexico 4 5 submitted to EPA a 
SIP revision addressing the 2015 ozone NAAQS emissions inventory and 
emissions statement requirements for the Sunland Park nonattainment 
area.
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    \4\ The New Mexico Environmental Improvement Board (EIB) is 
given the authority under state law to adopt rules and plans that 
are included in the New Mexico's SIP.
    \5\ The New Mexico SIP applies throughout New Mexico, except for 
Bernalillo County (Albuquerque) and Indian lands.
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(a) Base Year Emission Inventory

    New Mexico Environmental Department (NMED) has developed a 2017 
base year emissions inventory for the Sunland Park nonattainment area. 
The 2017 base year emissions include all point, nonpoint (area), on-
road mobile, and non-road mobile source emissions. Table 1 summarizes 
the 2017 NOX and VOC emissions for the Sunland Park 
nonattainment area for a typical ozone season day \6\ (reflective of 
the summer period, when the highest ozone concentrations are expected 
in the ozone nonattainment areas).
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    \6\ See Ozone season day emission as defined in 40 CFR 
51.1300(q).

   Table 1--Sunland Park Nonattainment Area Ozone Season Day Emissions
                            Estimates Summary
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                                                   VOC tons/   NOX tons/
                   Source type                        day         day
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Point...........................................        0.08        2.69
Nonpoint (Area).................................        0.57        0.21
On-road Mobile..................................        0.06        0.10
Non-road Mobile.................................        0.08        0.33
                                                 -----------------------
  Total.........................................        0.78        3.33
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(b) Emission Statement

    Pursuant to section 182(a)(3)(B), states with ozone nonattainment 
areas must require annual emissions statements from NOX and 
VOC stationary sources within those nonattainment areas. New Mexico's 
emissions statement regulation resides in New Mexico's SIP at 20.2.73 
New Mexico Administrative Code (NMAC), ``Notice of Intent and Emissions 
Inventory Requirements'', approved by EPA on November 27, 2012 (77 FR 
70693). Emission Inventory Requirements, section 20.2.73.300(A) NMAC 
applies to all stationary sources in an ozone nonattainment area that 
have a construction permit, filed a notice of intent, or emits more 
than ten tons per year (tpy) of nitrogen oxides (NOX) or 
volatile organic compounds (VOC). Reporting requirements 
(20.2.73.300(B) NMAC) include annual emissions reports for any major 
source in ozone nonattainment area with potential to emit more than 100 
tpy and any source that has the potential to emit more than 25 tpy of 
NOX and VOC within the nonattainment area submitted by April 
1 of each year or a date set by permit conditions. Sources that emit 
between 10-25 tpy must keep annual emissions records and provide them 
in an approved format upon request from the department. Emissions 
reports must contain all contact and facility information along with a 
signed certifying statement from the certifying official authorized to 
attest to the accuracy and validity of the emissions submitted on 
behalf of the facility as required by New Mexico's regulations 
(20.2.73.300(C) NMAC). Additional reporting requirements for sources 
within nonattainment area are included in (20.2.73.300(D) NMAC) include 
typical daily process rates for the ozone season as determined by NMED. 
Waiver exemption of emissions reporting requirements are included 
(20.2.73.300(E) NMAC).

III. EPA's Evaluation

    EPA has reviewed the New Mexico SIP revision for consistency with 
the CAA and regulatory emissions inventory and emissions statement 
requirements.
    For the emission inventory, EPA has reviewed the techniques used by 
the state of New Mexico to derive and quality assure the emission 
estimates. EPA has also evaluated whether New Mexico provided the 
public with the opportunity to review and comment on the development of 
the emission estimates and whether New Mexico addressed the public 
comments. A summary of EPA's analysis is provided below. For a full 
discussion for our evaluation, please see our Technical Support 
Document (TSD) located in the docket for this action.
    New Mexico documented the general procedures used to estimate the 
emissions for each of the four major source types. The documentation of 
the emission estimation procedures was adequate for us to determine 
that New Mexico followed acceptable procedures to estimate the 
emissions.
    New Mexico developed a quality assurance plan and followed this 
plan during various phases of the emissions

[[Page 57390]]

estimation and documentation process to quality assure the emissions 
for completeness and accuracy. These quality assurance procedures are 
summarized in the documentation describing how the emissions totals 
were developed. We have determined that the quality assurance 
procedures followed by New Mexico are adequate and acceptable and that 
New Mexico has developed inventories of VOC and NOX 
emissions that are comprehensive and complete.
    For the emission statement, New Mexico's EPA approved SIP contains 
provisions that address the CAA emission statement requirements.
    New Mexico notified the public and offered the opportunity for 
comment and public hearing. A full record of public notices, and 
written comments received during public comment period as well as 
states' response to those comments are included in the state's 
submittal. New Mexico received no request for public hearing. A copy of 
the New Mexico SIP revision submittal is available online at 
www.regulations.gov, Docket number EPA-R06-OAR-2020-0167.

IV. Proposed Action

    We are proposing to approve the New Mexico SIP revision submitted 
on September 10, 2020 to address the emissions inventory, and emissions 
statement requirements for the Sunland Park area for the 2015 ozone 
NAAQS. The emissions inventory we are proposing to approve are listed 
in Table 1 above. We are proposing to approve the emissions inventory 
because it contains comprehensive, accurate and current inventory of 
actual emissions for all relevant sources in accordance with CAA 
sections 172(c)(3) and 182(a)(1) requirements. We are proposing to 
approve the New Mexico emission statement because it includes the 
approved provision addressing CAA emission statement requirement in CAA 
section 182(a)(3)(B). New Mexico adopted the emission inventories 
consistent with reasonable public notice and opportunity for a public 
hearing requirement. As stated above, a TSD which details our 
evaluation is included in the docket for this action. Our TSD may be 
accessed online at www.regulations.gov, Docket No. EPA-R06-OAR-2020-
0167.

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 proposes to approve 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 proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and record keeping 
requirements, Volatile organic compounds.

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

    Dated: October 7, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-22283 Filed 10-14-21; 8:45 am]
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