[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55136-55140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2023-0648; FRL-11992-01-R6]


Air Plan Approval; New Mexico; Periodic Emission Inventory SIP 
for the Sunland Park Nonattainment Area for the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve State 
Implementation Plan (SIP) revisions related to the 2015 8-hour ozone 
National Ambient Air Quality Standards (NAAQS) for the Sunland Park New 
Mexico marginal nonattainment area.

DATES: Written comments must be received on or before August 2, 2024.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2023-0648, at https://www.regulations.gov or via email to 
epa.gov">salem.nevine@epa.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 Ms. Nevine Salem, 214-
665-7222, epa.gov">salem.nevine@epa.gov. 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,

[[Page 55137]]

Infrastructure and Ozone Section, 214-665-7222, epa.gov">salem.nevine@epa.gov. 
We encourage the public to submit comments via https://www.regulations.gov. 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 65292 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 4, 2018, the EPA classified the Sunland Park area in 
southern Do[ntilde]a Ana County, New Mexico as a marginal nonattainment 
area for 2015 ozone NAAQS with an attainment deadline of August 3, 
2021. (See 83 FR 25776). Any state in which a marginal nonattainment 
area is located is required to submit certain SIP elements to the EPA 
in accordance with section 182(a) of the CAA.

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 sections 182(a)(1) and 182(a)(3)(A) require submission of base 
year and periodic emissions inventories respectively for each ozone 
nonattainment area.\3\ States are required to submit a periodic 
inventory of emissions sources in the nonattainment areas to meet the 
requirements of CAA 182 (a)(3)(A), as specified in the Air Emissions 
Reporting Requirement (AERR) at 40 CFR part 51, subpart A. Each 
periodic inventory shall be submitted no later than the end of each 3-
year period after the required submission of the base year inventory 
for the nonattainment area and this requirement shall apply until the 
area is redesignated to attainment. The emissions value included in the 
inventories shall be actual ozone season day emissions as defined by 
Sec.  51.1300(q).\4\ These requirements allow the EPA, based on the 
states' progress in reducing emissions, to periodically reassess its 
policies and air quality standards and revise them as necessary. Most 
important, these inventories will be used to develop and assess new 
control strategies that states may use in attainment demonstration SIPs 
for the new NAAQS for ozone or other pollutants. The inventory may also 
serve as part of statewide inventories for purposes of regional 
modeling in transport areas, where the inventory plays an important 
role in modeling demonstrations for areas classified as nonattainment 
and outside transport regions.
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    \3\ For each nonattainment area, the state shall submit a base 
year inventory as defined by Sec.  51.1300(p) to meet the emissions 
inventory requirement of CAA section 182(a)(1). This inventory shall 
be submitted no later than 24 months after the effective date of 
designation. The inventory year shall be selected consistent with 
the baseline year for the RFP plan as required by Sec.  51.1310(b).
    \4\ See Implementation of 2015 National Ambient Air Quality 
Standards for Ozone: Nonattainment Area State Implementation Plan 
Requirements Rule (SRR) 83 FR 62998.
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II. State's Submittal

    CAA Sections 182(a)(3) and 172(c)(3) require the periodic 
submission of emissions inventories for the SIP planning process to 
address SIP requirements applicable to ozone nonattainment areas in 
each classification category. The area of Sunland Park in southern 
Do[ntilde]a Ana County was classified as marginal nonattainment for the 
2015 ozone NAAQS; initiating a two-year deadline to submit a baseline 
emissions inventory, followed by a periodic emission inventory every 3-
years until the nonattainment area attains the standard (83 FR 25776). 
New Mexico Environmental Department (NMED's) baseline emissions 
inventory revisions SIP for the 2015 ozone NAA submittal was approved 
by EPA on April 6, 2022 (87 FR 12592).

[[Page 55138]]

    On December 20, 2023, NMED submitted SIP revisions that included 
the periodic emissions inventory for the Sunland Park Nonattainment 
area. The inventory was submitted to meet the CAA section 182(a)(3)(A) 
obligation to develop a periodic emission inventory every 3-years after 
their base year inventory until the nonattainment area is designated as 
attainment for the NAAQS. The State conducted a public comment period 
with a public hearing and the State did not receive any comment during 
the comment period or the hearing.
    The inventory includes annual and ozone season daily emissions 
5 6 for the 2020 base year precursors NOX and VOC 
emissions from different source categories. The source sector types 
include industrial and small point sources (e.g., utilities), area 
nonpoint sources (e.g., residential heating commercial cooking, surface 
coating, gasoline dispensing facilities, etc.), on-road mobile sources 
(i.e., tailpipe exhaust), nonroad mobile sources (e.g., lawn and garden 
equipment, construction, agricultural equipment, etc.), and fires 
(e.g., wildfires, prescribed burnings).
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    \5\ Ozone season day emissions means an average day's emissions 
for a typical ozone season work weekday. The state shall select, 
subject to EPA approval, the particular month(s) in the ozone season 
and the day(s) in the work week to be represented, considering the 
conditions assumed in the development of RFP plans and/or emissions 
budgets for transportation conformity.
    \6\ Although the Ozone Season is defined for New Mexico as the 
entire year (January 1-December 31), as listed at Table D-3 to 
Appendix D of Part 58. Ozone Monitoring Season by state (https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-58/appendix-Appendix D to Part 58), for this inventory, NMED is 
focusing on the peak ozone season emissions for the 3-month period 
from June 1 through August 31.
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    The state submitted annual NOX and VOC emissions in tons 
per year by sector for Sunland Park nonattainment area as well as 
Do[ntilde]a Ana County emissions. The submittal also includes the 
NOX and VOC emissions in tons per ozone season day by sector 
during a typical summer day.\7\ (reflective of the summer period, when 
the highest ozone concentrations are expected in the ozone 
nonattainment areas). Table 1 below shows annual NOX 
emissions countywide (Do[ntilde]a Ana County), annual NOX 
emissions Sunland Park Nonattainment Area (NAA), and Sunland Park Ozone 
season daily emissions. Table 2 shows the 2020 VOC annual emission by 
category for the Sunland Park ozone nonattainment areas.
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    \7\ See Ozone season day emission as defined in 40 CFR 
51.1300(q), https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-CC/section-51.1300.

                     Table 1--NOX Emissions Sunland Park, Do[ntilde]a Ana County, New Mexico
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                                                                                               Sunland Park, NM
                                                      Do[ntilde]a Ana     Sunland Park, NM    nonattainment area
                  Source category                     County emissions     nonattainment      ozone season daily
                                                           (tpy)          emissions (tpy)     emissions (lb/day)
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Point..............................................           1,155.22                740.6             4,046.99
Nonpoint Area......................................           1,588.62                42.01               229.56
Onroad.............................................           3,590.66               111.04               606.78
Nonroad............................................             430.87                10.49                57.32
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    Total..........................................           6,765.37               904.14             4,940.66
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                     Table 2--VOC Emissions Sunland Park, Do[ntilde]a Ana County New Mexico
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                                                                                               Sunland Park, NM
                                                      Do[ntilde]a Ana     Sunland Park, NM    nonattainment area
                  Source category                     County emissions   nonattainment area   ozone season daily
                                                           (tpy)          emissions (tpy)     emissions (lb/day)
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Point..............................................             114.84                41.78               228.31
Nonpoint Area......................................          10,933.55               134.11               732.84
Onroad.............................................           1,206.00                25.41               138.85
Nonroad............................................             311.27                 7.92                43.28
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    Total..........................................          12,565.66               209.23             1,143.28
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[[Page 55139]]

III. EPA's Evaluation

    EPA has reviewed the New Mexico SIP revision for consistency with 
the CAA and regulatory periodic emissions inventory requirements. EPA 
also reviewed the techniques used by the state of New Mexico to derive 
and quality assure the emission estimates used in preparing the 
periodic emission inventory. New Mexico documented the procedures used 
to estimate the emissions for each of the four major inventory source 
types using 2020 National Emissions Inventory (NEI). The documentation 
of the emission estimation procedures was adequate for us to determine 
that New Mexico followed acceptable procedures to estimate the 
emissions. Quality Assurance (QA) checks were performed relative to 
data collection and analysis, and double counting of emissions from 
point, area, and mobile sources. QA/Quality Control checks were 
conducted to ensure accuracy of units, unit conversions, transposition 
of figures, and calculations.
    New Mexico notified the public in both English and Spanish and 
offered the opportunity for comment and public hearing. A full record 
of public notices is included in the state's submittal. New Mexico did 
not receive any comments during the 30-day public comment period or 
request for public hearing. A copy of the New Mexico SIP revision 
submittal is available online at www.regulations.gov, Docket number 
EPA-R06-

VI. Proposed Action

    Based on the EPA's review, the periodic year emissions inventory 
submitted by the state of New Mexico for Sunland Park ozone 
nonattainment area, and entire Do[ntilde]a Ana County include essential 
data elements, source categories, sample calculations, and report 
documentation in accordance with CAA sections 182(a)(3)(A) 
requirements, and has been developed in accordance with EPA 
guidance.\8\ Therefore, the EPA is proposing to approve the periodic 
emission inventory for Sunland Park 2015 ozone nonattainment area.
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    \8\ See: Emissions Inventory Guidance for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations (epa.gov) May 2017, https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf.
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V. Environmental Justice Considerations

    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within the 
approximate 13.86 square miles contained in the portion of the ozone 
nonattainment area within Sunland Park, New Mexico. The complete report 
is available in the public docket for this action. The Environmental 
Justice Index for eight of the twelve EJScreen indicators exceed the 
80th percentile in the United States; seven of the twelve EJScreen 
indicators exceed the 80th percentile in the State of New Mexico. Five 
of the twelve indicators exceed the 90th percentile in both the State 
of New Mexico and the United States, including indices for particulate 
matter 2.5, ozone, air toxics cancer risk, air toxics respiratory, and 
wastewater discharge. This analysis showed an approximate population of 
17,408 residents based on the 2017-2021 Census. Within this area, 
EJScreen identified that approximately 95% of the population are people 
of color with 58% identified as low income. Additionally, approximately 
34% of the population is linguistically isolated and 30% of the 
population has less than a high school education.
    This proposed action is to approve the periodic emission inventory 
for Sunland Park 2015 ozone nonattainment area, in which updated air 
emissions data in the National Emissions Inventory (NEI) is available 
on EPA public web page.\9\ This proposed action is not anticipated to 
have a disproportionately high or adverse human health or environmental 
effects on communities with environmental justice concerns.
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    \9\ National Emissions Inventory (NEI) [bond] US EPA, https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
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VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act. 
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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 Clean Air Act.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The New Mexico Environmental Department did not evaluate 
environmental justice considerations as part of its SIP revision 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA performed an environmental 
justice analysis, as is described above in the section titled, 
``Environmental Justice Considerations.'' The analysis was done for the 
purpose of providing additional context and information about this

[[Page 55140]]

rulemaking to the public, not as a basis of the action. Due to the 
nature of the action being taken here, this action is expected to have 
a neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 25, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-14434 Filed 7-2-24; 8:45 am]
BILLING CODE 6560-50-P