[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12592-12593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04525]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2020-0167; FRL-8989-02-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving this 
action pursuant to section 110 and part D of the CAA and EPA's 
regulations.

DATES: This final rule is effective on April 6, 2022.

ADDRESSES: The EPA has established a docket for this action, Docket No. 
EPA-R06-OAR-2020-0167 All documents in the docket are listed on the 
https://www.regulations.gov. 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 electronically 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-7222, [email protected]. 
Out of an abundance of caution for members of the public and our staff, 
the EPA Region 6 office will be closed to the public to reduce the risk 
of transmitting COVID-19. 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

    On October 15, 2021 (86 FR 57388), the EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of New Mexico, for the 
approval of the State's 2017 base year emission inventories and 
emissions statement requirements for the Sunland Park Sunland Park 
marginal ozone nonattainment area for the 2015 ozone NAAQS. The 
background for this action and rational for EPA's proposed action are 
explained in the NPRM and will not be restated here. One anonymous 
comment was received during the public comment period which ended on 
November 15, 2021.

II. Response to Comments

    Comment: The commenter believes that New Mexico is doing its best 
in implementing regulations promulgated by the EPA under the CAA. The 
commenter inquired about EPA's procedure for enforcing the CAA 
regulations, and expressed concern that the clean air policy would fail 
without the collective actions of other states.
    Response: We appreciate the commenter's perspective that New Mexico 
is doing its best in implementing CAA regulations promulgated by the 
EPA. However, the issues raised by the commenter are outside the scope 
of this action. This action is limited to the approval of the Emissions 
Inventory and Emissions Statement requirements for the 2015 8-hour 
ozone NAAQS submitted by the state of New Mexico, for the Sunland 
Parkozone nonattainment area, New Mexico, under the CAA.
    The CAA establishes a comprehensive program for controlling and 
improving the nation's air quality through state and federal 
regulation. This comprehensive program is based on cooperative 
federalism that divides responsibilities between the EPA and the 
states. Under the CAA, the EPA establishes the national air quality 
standards, and the states are primarily responsible for implementing 
those standards, with oversight from EPA.
    Upon the promulgation or revision of a NAAQS by the EPA, each state 
is required to submit a state implementation plan (SIP). The SIP 
provides the ``implementation, maintenance, and enforcement'' of the 
NAAQS, and must ``contain adequate provisions'' prohibiting air 
emissions in amounts that contribute significantly to nonattainment or 
that interfere with the maintenance of the NAAQS in neighboring states. 
42 U.S.C. 7410(a)(2)(D)(i)(I). Where a state fails to submit all or a 
portion of a SIP as required by the CAA, or where the EPA disapproves a 
SIP as not meeting the CAA requirements, the EPA will assert federal 
oversight authority and develop a federal implementation plan (FIP) for 
the state. It may also develop a FIP for tribal lands if a tribe elects 
not to develop their own implementation plan, as appropriate.
    The applicable state and the EPA both have authority to bring 
enforcement actions for violations of federally-approved SIPs. Members 
of the public can also file citizen suits under the CAA to address 
violations of SIPs. For more details on Air Quality Implementation 
Plans please visit https://www.epa.gov/air-quality-implementation-plans.

III. Final Action

    EPA is approving the New Mexico SIP revisions 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 approving is listed in Table 1 of 
the NPRM. We are approving the emissions inventory because it contains 
a 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 also approving the New Mexico emission 
statement because it includes the approved provision addressing the 
emission statement requirement in CAA section 182(a)(3)(B). New Mexico 
adopted the emission inventories consistent with the requirement for 
reasonable public notice and opportunity for a public hearing.

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 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,

[[Page 12593]]

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).
    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 Start Printed Page 
11875 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 6, 2022. 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, Nitrogen dioxide, Ozone, Reporting and record keeping 
requirements, Volatile organic compounds.

    Dated: February 28, 2022.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 (e), the table titled ``EPA-Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is 
amended by adding the entry ``2017 Emissions Inventory and Emissions 
Statement for the 2015 Ozone NAAQS'' at the end of the table to read as 
follows:


Sec.  52.1620   Identification of plan.

* * * * *
    (e) * * *

            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                       Applicable           State
      Name of SIP provision          geographic or       submittal/     EPA approval date       Explanation
                                   nonattainment area  effective date
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                                                  * * * * * * *
2017 Emissions Inventory and      Sunland Park ozone        9/20/2020  3/7/2022 [Insert    .....................
 Emissions Statement for the       nonattainment area.                  Federal Register
 2015 Ozone NAAQS.                                                      citation].
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[FR Doc. 2022-04525 Filed 3-4-22; 8:45 am]
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