[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82508-82510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23339]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2023-0648; FRL-11992-02-R6]
Air Plan Approval; New Mexico; Periodic Emission Inventory SIP
for Sunland Park Nonattainment Area for 2015 Ozone NAAQS
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 related to the 2015 8-hour ozone National Ambient
Air Quality Standards (NAAQS).
DATES: This rule is effective on November 12, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2023-0648. 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. Nevine Salem, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-7222, [email protected].
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 ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On July 3, 2024 (89 FR 55136), the EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of New Mexico. The NPRM
proposed approval of the state's periodic emissions inventory for
Sunland Park, Do[ntilde]a Ana County, New Mexico marginal nonattainment
area for the 2015 NAAQS. The background for this action and rationale
for EPA's proposed action are explained in the NPRM and will not be
restated here. We received a comment on our proposal from the New
Mexico Environmental Department (NMED). Our response to the comment
follows.
II. Response to Comments
We received one comment from the NMED regarding an inadvertent
typographical error in the NPRM--in tables 1 and 2 that summarized the
NOX and VOC emissions in Sunland Park, Do[ntilde]a Ana
County, New Mexico. The ozone season daily emissions (lb/day) column in
the NPRM showed some discrepancies from what was submitted by the
State. In response, the EPA is making the necessary corrections in the
updated tables 1, and 2 listed below. The corrected values in fact are
less than what was previously listed in tables 1 and 2 of the proposed
action. This correction does not change or affect the total
NOX or VOC emissions in the 2020 periodic emission inventory
for Sunland Park marginal nonattainment area for a typical ozone season
day. Additionally, the original tables were included in the State's SIP
revision submittal,\1\ in the rulemaking docket.
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\1\ A copy of the SIP revision is available online at
www.regulations.gov, Docket number EPA-R06-OAR-2023-0648.
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
Source category County emissions nonattainment area ozone season
(tpy) emissions (tpy) daily emissions
(lb/day)
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Point.................................................. 1,155.22 740.60 4,046.97
Nonpoint Area.......................................... 1,588.62 42.01 215.22
Onroad................................................. 3,590.66 111.04 603.13
Nonroad................................................ 430.87 10.49 58.42
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[[Page 82509]]
Total.............................................. 6,765.37 904.14 4,923.74
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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
Source category County emissions nonattainment area ozone season
(tpy) area emissions daily emissions
(tpy) (lb/day)
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Point.................................................. 114.84 41.78 228.32
Nonpoint Area.......................................... 10,933.55 134.11 552.64
Onroad................................................. 1,206.00 25.41 138.49
Nonroad................................................ 311.27 7.92 50.36
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Total.............................................. 12,565.66 209.23 969.82
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NMED had another remark stating that no public hearing was
conducted for this rulemaking. EPA confirms that in section III of the
proposal, we stated that ``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''.
III. Final Action
We are approving the New Mexico SIP revisions submitted on December
20, 2023, to address the periodic ozone season daily and annual ozone
precursor emission inventories for NOX and VOC for the
Sunland Park, Do[ntilde]a Ana County, New Mexico, nonattainment area
for the 2015 ozone NAAQS.
IV. 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 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. This action is not anticipated to have a
disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
V. 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 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 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,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse
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human health or environmental effects'' of their actions on communities
with environmental justice (EJ) concerns to the greatest extent
practicable and permitted by law. The 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.'' The 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
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 communities with EJ
concerns.
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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 December 10, 2024. 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 3, 2024.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency 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 ``2020 Periodic Emissions Inventory
(NOX and VOC ozone daily summer season and annual emissions)
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
Name of SIP provision geographic or State submittal/ EPA approval date Explanation
nonattainment area effective date
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* * * * * * *
2020 Periodic Emissions Sunland Park ozone 12/20/2023 10/11/2024, ..................
Inventory (NOX and VOC ozone nonattainment [Insert Federal
daily summer season and annual area. Register
emissions) for the 2015 Ozone citation].
NAAQS.
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[FR Doc. 2024-23339 Filed 10-10-24; 8:45 am]
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