[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Rules and Regulations]
[Pages 4339-4341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00729]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0033; FRL-9770-8]
Approval and Promulgation of Implementation Plans; New Mexico;
Revisions to the New Source Review (NSR) State Implementation Plan
(SIP); Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NNSR) Permitting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the New Mexico SIP to update the
New Mexico NNSR and PSD SIP permitting programs consistent with federal
requirements. EPA finds that these revisions to the New Mexico SIP meet
the Federal Clean Air Act (the Act or CAA) and EPA regulations, and are
consistent with EPA policies. New Mexico submitted the PSD and NNSR SIP
permitting revisions in two SIP submittals on June 11, 2009 and May 23,
2011. EPA is finalizing this action under section 110 and parts C and D
of the Act.
DATES: This final rule will be effective February 21, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0033. All documents in the docket are listed in
the www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at www.regulations.gov or in hard copy at the Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a fee of 15 cents
per page for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202.
The State submittal is also available for public inspection during
official business hours by appointment: New Mexico Environment
Department, Air Quality Bureau, 1301 Siler Road, Building B, Santa Fe,
New Mexico 87502.
FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, Air Permits Section
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-2115; fax number
214-665-6762; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background for Final Action
II. Final Action
III. Statutory and Executive Order Reviews
I. Background for Final Action
The background for today's action is discussed in detail in our
October 12, 2012 proposal (77 FR 62200). In that notice we proposed to
approve portions of two submittals from New Mexico, dated June 11, 2009
and May 23, 2011, that update the New Mexico Nonattainment New Source
Review (NNSR) and Prevention of Significant Deterioration (PSD)
permitting SIP rules consistent with federal requirements.
Specifically, these SIP submittals address federal PSD and NNSR
permitting requirements promulgated in EPA's Phase 2 8-hour Ozone
Implementation Rule (70 FR 71612, November 29, 2005), NSR
PM2.5 Rule (73 FR 28321, May 16, 2008), PM2.5 PSD
Increment--Significant Impact Levels (SILs)--Significant Monitoring
Concentration (SMC) Rule (75 FR 64864, October 20, 2010) and Reasonable
Possibility in Recordkeeping Rule (72 FR 72607, December 21, 2007).
Our October 12, 2012 proposal provides a detailed description of
all relevant submittals and the rationale for EPA's proposed actions,
together with a discussion of the opportunity to comment. The public
comment period closed for this action on November 13, 2012; we did not
receive any comments.
II. Final Action
EPA is approving portions of two revisions to the New Mexico SIP
submitted by the Governor of New Mexico on June 11, 2009 and May 23,
2011. EPA has made the determination that the submitted regulations are
approvable in accordance with section 110 and parts C and D of the Act
and EPA's regulations, and consistent with EPA guidance. EPA is
approving revisions to Part 74 of the New Mexico Administrative Code
(NMAC), Title 20 (Environment Protection), Chapter 2 (Air Quality)
except for revisions to 20.2.74.303(A) NMAC submitted on May 23, 2011.
EPA is approving revisions to Part 79 NMAC, Title 20, Chapter 2
submitted on June 11, 2009 and May 23, 2011.
Specifically, EPA is approving the following revisions to Part 74
submitted on May 23, 2011. These revisions satisfy
[[Page 4340]]
the PM2.5 PSD requirements under EPA's May 16, 2008 and
October 20, 2010 final PM2.5 PSD permitting implementation
rules, and EPA's December 21, 2007 Reasonable Possibility in
Recordkeeping Rule.
20.2.74.7 NMAC--Definitions;
20.2.74.300 NMAC--Obligations of Owners or Operators of
Sources;
20.2.74.303 NMAC--Ambient Impact Requirements;
20.2.74.306 NMAC--Monitoring Requirements;
20.2.74.403 NMAC--Additional Requirements for Sources
Impacting Class I Federal Areas;
20.2.74.502 NMAC--Significant Emission Rates;
20.2.74.503 NMAC--Significant Monitoring Concentrations;
20.2.74.504 NMAC--Allowable PSD Increment; and
20.2.74.505 NMAC--Maximum Allowable Increases for Class I
Waivers.
EPA is approving the following revisions to Part 79 submitted June
11, 2009. These revisions satisfy EPA's November 29, 2005 Phase 2 8-
hour Ozone Implementation Rule for nonattainment areas.
20.2.79.7 NMAC--Definitions;
20.2.79.109 NMAC--Applicability; and
20.2.79.115 NMAC--Emission Offsets.
EPA is also approving the following revisions to Part 79 submitted
May 23, 2011. These revisions satisfy EPA's PM2.5 NNSR
requirements under EPA's May 16, 2008 and October 20, 2010 final
PM2.5 NSR permitting implementation rules, and the December
21, 2007 Reasonable Possibility in Recordkeeping Rule. New Mexico also
made some nonsubstantive changes in 2011 to 20.2.79.109 NMAC as adopted
and submitted in 2009, and we are approving these nonsubstantive
changes.
20.2.79.7 NMAC--Definitions;
20.2.79.109 NMAC--Applicability; and
20.2.79.119 NMAC--Tables.
EPA explained in the proposal for this action that it is severing
the revisions to 20.2.74.303(A) NMAC submitted on May 23, 2011 relating
to PM2.5 significant impact levels (SILs). These revisions
are equivalent to the provisions EPA has requested the DC Circuit Court
in pending litigation to remand and vacate at 40 CFR 51.166(k)(2) that
were promulgated on October 20, 2010, and conflict with our intentions
for the use of SILs to demonstrate compliance with CAA section 163(a).
(Sierra Club v. EPA, Case No 10-1413, DC Circuit). Therefore,
20.2.74.303 NMAC as adopted by NMED on January 1, 2011, and SIP-
approved by EPA on July 20, 2011, remains the SIP-approved section. See
76 FR 43149. The NMED continues to retain the ability to implement the
PM2.5 SILs at 20.2.79.119 NMAC consistent with EPA's
interpretation of CAA section 163(a). Further, the revisions to
20.2.74.303(A) NMAC submitted on May 23, 2011, will remain before EPA
for review. EPA will revisit these submitted revisions after the court
addresses EPA's request for remand with vacatur or EPA initiates
rulemaking to revise 40 CFR 51.166(k)(2).
III. 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 its 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 March 25, 2013. 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 oxides, Particulate
matter, Reporting and recordkeeping requirements.
Dated: January 3, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
[[Page 4341]]
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. Section 52.1620(c) is amended by revising the entries for Parts 74
and 79 under the first table titled ``New Mexico Administrative Code
(NMAC) Title 20--Environment Protection Chapter 2--Air Quality''.
The revisions read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 74.......................... Permits--Prevention 6/3/2011 1/22/2013 [Insert Revisions to
of Significant FR page number 20.2.74.303(A)
Deterioration. where document NMAC submitted 5/
begins]. 23/2011, effective
6/3/2011, are NOT
part of SIP.
20.2.74.303 NMAC
submitted 12/1/
2010, effective 1/
1/2011, remains
SIP approved (6/20/
2011, 76 FR
43149).
* * * * * * *
Part 79.......................... Permits--Nonattainm 6/3/2011 1/22/2013 [Insert ...................
ent Areas. FR page number
where document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-00729 Filed 1-18-13; 8:45 am]
BILLING CODE P