[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Proposed Rules]
[Pages 15664-15668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05663]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2009-0710; FRL-9789-4]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Interstate Transport of Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a portion of a State
Implementation Plan (SIP) submittal from the State of New Mexico to
address Clean Air Act (CAA or Act) requirements in section
110(a)(2)(D)(i)(I) that prohibit air emissions which will contribute
significantly to nonattainment or interfere with maintenance in any
other state for the 2006 fine particulate matter (PM2.5)
national ambient air quality standards (NAAQS). EPA proposes to
determine that the existing SIP for New Mexico contains adequate
provisions to prohibit air emissions from significantly contributing to
nonattainment or interfering with maintenance of the 2006 24-hour
PM2.5 NAAQS (2006 PM2.5 NAAQS) in any other state
as required by section 110(a)(2)(D)(i)(I) of the Act.
DATES: Comments must be received on or before April 11, 2013.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2009-0710, by one of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Email: Mr. Guy Donaldson at [email protected]. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail or Delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Deliveries are only accepted
ruing the Regional Office's normal hours of operation.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2009-
[[Page 15665]]
0710. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. While
all documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mr. Carl Young, Air Planning Section
(6PD-L), U.S. EPA Region 6, 214-665-6645, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. 2006 PM2.5 NAAQS and Interstate Transport
Section 110(a)(2)(D)(i) of the CAA identifies four distinct
elements related to the evaluation of impacts of interstate transport
of air pollutants. In this action for the state of New Mexico, EPA is
addressing the first two elements of section 110(a)(2)(D)(i)(I) with
respect to the 2006 PM2.5 NAAQS.\1\ The first element of
section 110(a)(2)(D)(i)(I) requires that each SIP for a new or revised
NAAQS contain adequate measures to prohibit any source or other type of
emissions activity within the state from emitting air pollutants that
will ``contribute significantly to nonattainment'' of the NAAQS in
another state. The second element of CAA section 110(a)(2)(D)(i)(I)
requires that each SIP for a new or revised NAAQS prohibit any source
or other type of emissions activity in the state from emitting
pollutants that will ``interfere with maintenance'' of the applicable
NAAQS in any other state.
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\1\ This proposed action does not address the two elements of
the transport SIP provision (in CAA section 110(a)(2)(D)(i)(II))
regarding interference with measures required to prevent significant
deterioration of air quality or to protect visibility in another
state. On January 22, 2013, we approved the SIP submittal for the
element regarding interference with measures required to prevent
significant deterioration of air quality for the 2006
PM2.5 NAAQS (78 FR 4337). We will act on the element
regarding protection of visibility in another state in a future
separate rulemaking.
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On June 12, 2009, the Governor of New Mexico submitted a letter and
supporting documentation certifying that the New Mexico Environment
Department (NMED) has evaluated the New Mexico SIP, and found that the
existing SIP does satisfy all the requirements of section
110(a)(2)(D)(i) for the 2006 PM2.5 NAAQS and that no further
revisions are necessary. The supporting documentation included a
relevant technical analysis supporting New Mexico's conclusion as
recommended by EPA's guidance memorandum that provides recommendations
to states for making SIP submissions to meet the requirements of CAA
section 110(a)(2)(D)(i) for the 2006 PM2.5 NAAQS (``2006
PM2.5 NAAQS Infrastructure Guidance'' or ``Guidance'').\2\ A
copy of New Mexico's submittal and supporting documentation can be
found in the electronic docket for this action. In this proposed
action, EPA is evaluating whether the June 12, 2009 submittal satisfies
the interstate transport provisions of 110(a)(2)(D)(i) prohibiting
emissions that adversely affect another state in the ways contemplated
in the statute.
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\2\ See Memorandum from William T. Harnett entitled ``Guidance
on SIP Elements Required Under Sections 110(a)(1) and (2) for the
2006 24-Hour Fine Particle (PM2.5) National Ambient Air
Quality Standards (NAAQS),'' September 25, 2009, available at http://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
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B. EPA Rules Addressing Interstate Transport for the 2006
PM2.5 NAAQS
EPA has previously addressed the requirements of section
110(a)(2)(D)(i)(I) in past regulatory actions.\3\ EPA published the
final Cross-State Air Pollution Rule (Transport Rule) to address the
first two elements of CAA section 110(a)(2)(D)(i)(I) in the eastern
United States with respect to the 2006 PM2.5 NAAQS, the 1997
PM2.5 NAAQS, and the 1997 8-hour ozone NAAQS (August 8,
2011, 76 FR 48208). The Transport Rule was intended to replace the
earlier Clean Air Interstate Rule (CAIR) which was judicially
remanded.\4\ See North Carolina v. EPA, 531 F.3d 896 (DC Cir. 2008). On
August 21, 2012, the U.S. Court of Appeals for the DC Circuit issued a
decision to vacate the Transport Rule. See EME Homer City Generation,
L.P. v. E.P.A., 696 F.3d 7 (DC Cir. 2012). The court also ordered EPA
to continue implementing CAIR in the interim. On January 24, 2013, the
DC Circuit issued an order denying all petitions for rehearing. At this
time, the deadline for asking the Supreme Court to review the EME Homer
City decision has not passed and the United States has not yet decided
whether to seek further appeal. In the meantime, and unless the EME
Homer City decision is reversed or otherwise modified, EPA intends to
act in accordance with the opinion in EME Homer City. New Mexico was
not covered by either CAIR or the Transport Rule, and EPA made no
determinations in either rule regarding whether emissions from sources
in New Mexico significantly contribute to nonattainment or interfere
with maintenance of the 2006 PM2.5 NAAQS
[[Page 15666]]
in another state. Based on the technical information available at this
time, with respect to the 2006 PM2.5 NAAQS, the issues
relating to transport of New Mexico's emissions are analytically
different from the PM2.5 pollution transport issues faced in
the states addressed by CAIR and the Transport Rule. This position of
analytical differences with respect to New Mexico and the 2006
PM2.5 NAAQS, based upon information available at this time,
relies in part to the more complex terrain in New Mexico and western
states also not addressed by CAIR and the Transport Rule, and the
greater distance between New Mexico emission sources and areas that
have problems attaining and/or maintaining the 2006 PM2.5
NAAQS. Additionally, based on the technical information available at
this time, the areas of concern in the western U.S. for the 2006
PM2.5 NAAQS that EPA analyzed for potential impact by
emissions from sources in New Mexico are generally more locally driven
than areas of concern addressed in the CAIR and Transport Rule. The
methodology and analysis used for evaluating New Mexico's compliance
with the interstate transport requirements of 110(a)(2)(D)(i)(I) with
respect to the 2006 PM2.5 NAAQS is further explained in
Section II of this proposed rulemaking.
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\3\ See NOX SIP Call, 63 FR 57371 (October 27, 1998);
Clean Air Interstate Rule (CAIR), 70 FR 25172 (May 12, 2005); and
Transport Rule or Cross-State Air Pollution Rule, 76 FR 48208
(August 8, 2011).
\4\ CAIR addressed the 1997 annual and 24-hour PM2.5
NAAQS, and the 1997 8-hour ozone NAAQS. It did not address the 2006
24-hour PM2.5 NAAQS. For more information on CAIR, please
see our July 30, 2012 proposal for Arizona regarding interstate
transport for the 2006 PM2.5 NAAQS (77 FR 44551, 44552).
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C. EPA Guidance for SIP Submissions to Address Interstate Transport for
the 2006 PM2.5 NAAQS
On September 25, 2009, EPA issued a guidance memorandum that
provides recommendations to states for making SIP submissions to meet
the requirements of CAA section 110(a)(2)(D)(i) for the 2006
PM2.5 NAAQS (``2006 PM2.5 NAAQS Infrastructure
Guidance'' or ``Guidance'').\5\ With respect to the requirement in
section 110(a)(2)(D)(i)(I) to prohibit emissions that would contribute
significantly to nonattainment of the NAAQS in any other state, the
2006 p.m.2.5 NAAQS Infrastructure Guidance essentially
reiterated the recommendations for western states made by EPA in
previous guidance addressing the 110(a)(2)(D)(i) requirements for the
1997 8-hour Ozone and 1997 PM2.5 NAAQS.\6\ The 2006
PM2.5 NAAQS Infrastructure Guidance advised states outside
of the CAIR region to include in their section 110(a)(2)(D)(i)(I) SIP
submissions an adequate technical analysis to support their conclusions
regarding interstate pollution transport, e.g., information concerning
emissions in the state, meteorological conditions in the state and in
potentially impacted states, monitored ambient pollutant concentrations
in the state and in potentially impacted states, distances to the
nearest areas not attaining the NAAQS in other states, and air quality
modeling.\7\ With respect to the requirement in section
110(a)(2)(D)(i)(I) to prohibit emissions that would interfere with
maintenance of the NAAQS by any other state, the Guidance stated that
SIP submissions must address this independent and distinct requirement
of the statute and provide technical information appropriate to support
the State's conclusions, such as information concerning emissions in
the state, meteorological conditions in the state and in potentially
impacted states, monitored ambient concentrations in the state and in
potentially impacted states, and air quality modeling. See footnotes 5
and 6.
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\5\ See Memorandum from William T. Harnett entitled ``Guidance
on SIP Elements Required Under Sections 110(a)(1) and (2) for the
2006 24-Hour Fine Particle (PM2.5) National Ambient Air
Quality Standards (NAAQS),'' September 25, 2009, available at http://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
\6\ See Memorandum from William T. Harnett entitled ``Guidance
for State Implementation Plan (SIP) Submission to Meet Current
Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour
ozone and PM2.5 National Ambient Air Quality Standards,''
August 15, 2006, available at http://www.epa.gov/ttn/caaa/t1/memoranda/section110a2di_sip_guidance.pdf.
\7\ The 2006 PM2.5 NAAQS Infrastructure Guidance
stated that EPA was working on a new rule to replace CAIR that would
address issues raised by the court in the North Carolina case and
that would provide guidance to states in addressing the requirements
related to interstate transport in CAA section 110(a)(2)(D)(i)(I)
for the 2006 PM2.5 NAAQS. It also noted that states could
not rely on the CAIR rule for section 110(a)(2)(D)(i)(I) submissions
for the 2006 24-hour PM2.5 NAAQS because the CAIR rule
did not address this NAAQS. See 2006 PM2.5 NAAQS
Infrastructure Guidance at 3.
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In this action, EPA is maintaining the conceptual approach to
evaluating interstate pollution transport under CAA section
110(a)(2)(D)(i)(I) that the Agency provided in the 2006
PM2.5 NAAQS Infrastructure Guidance. For the 2006
PM2.5 NAAQS, EPA believes that nonattainment and maintenance
problems in the western United States are generally relatively local in
nature with only limited impacts from interstate transport. EPA
believes that the section 110(a)(2)(D)(i)(I) SIP submission from New
Mexico may be evaluated using a ``weight of the evidence'' approach
that takes into account available relevant information, such as that
recommended by EPA in the 2006 PM2.5 NAAQS Infrastructure
Guidance. Such information may include, but is not limited to, the
amount of emissions in the state relevant to the NAAQS in question, the
meteorological conditions in the area, the distance from the state to
the nearest monitors in other states that are appropriate receptors, or
such other information as may be probative to consider whether sources
in the state may contribute significantly to nonattainment or interfere
with maintenance of the 2006 PM2.5 NAAQS in other states.
These submissions can rely on modeling when acceptable modeling
technical analyses are available, but EPA does not believe that
modeling is necessarily required if other available information is
sufficient to evaluate the presence or degree of interstate transport
in a specific situation.
II. EPA's Evaluation
To determine whether the CAA section 110(a)(2)(D)(i)(I) requirement
is satisfied, EPA must determine whether a state's emissions contribute
significantly to nonattainment or interfere with maintenance in
downwind areas. If this factual finding is in the negative, then
section 110(a)(2)(D)(i)(I) does not require any changes to a state's
SIP. Consistent with EPA's approach in the 1998 NOX SIP
call, the 2005 CAIR, and the 2011 Transport Rule, EPA is evaluating
these impacts with respect to specific monitors identified as having
nonattainment and/or maintenance problems, which we refer to as
``receptors.'' See footnote 3. EPA notes that no single piece of
information is by itself dispositive of the issue. Instead, the total
weight of all the evidence taken together is used to evaluate
contributions to nonattainment or interference with maintenance of the
2006 PM2.5 NAAQS in another state.
This proposed approval addresses the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS in several ways.
It takes into account the technical analysis contained in New Mexico's
June 12, 2009 SIP submission, which explains the lack of
PM2.5 nonattainment areas in or within close proximity to
the state reduce the likelihood that New Mexico's emissions contribute
significantly to nonattainment or interfere with maintenance of the
2006 PM2.5 NAAQS in any downwind state. In addition, EPA has
supplemented its evaluation of New Mexico's submittal with a review of
the monitors in other states that are appropriate ``nonattainment
receptors'' or ``maintenance receptors,'' and additional technical
information in considering whether sources in New Mexico contribute
significantly to
[[Page 15667]]
nonattainment or interfere with maintenance of the 2006
PM2.5 NAAQS in other states.
Our Technical Support Document (TSD) contains a more detailed
evaluation and is available in the public docket for this rulemaking,
which may be accessed online at http://www.regulations.gov, Docket No.
EPA-R06-OAR-2009-0710. We provide below a summary of our analysis.
A. Identification of Nonattainment and Maintenance Receptors
EPA evaluated data from existing monitors over three overlapping 3-
year periods (i.e., 2006-2008, 2007-2009, and 2008-2010) to determine
which areas were violating the 2006 PM2.5 NAAQS and which
areas might have difficulty maintaining attainment. If a monitoring
site measured a violation of the 2006 PM2.5 NAAQS during the
most recent 3-year period (2008-2010), then this monitor location was
evaluated for purposes of the significant contribution to nonattainment
element of section 110(a)(2)(D)(i)(I). If, on the other hand, a
monitoring site shows attainment of the 2006 PM2.5 NAAQS
during the most recent 3-year period (2008-2010) but a violation in at
least one of the previous two 3-year periods (2006-2008 or 2007-2009),
then this monitor location was evaluated for purposes of the interfere
with maintenance element of the statute.
The western United States were not included in the CAIR and the
Transport Rule analyses. The approach described above is similar to the
approach utilized by EPA in promulgating the CAIR and the Transport
Rule by identifying the areas/receptors of concern for use in
evaluating interstate transport. By this method, EPA has identified
those areas with monitors to be considered ``nonattainment receptors''
or ``maintenance receptors'' for evaluating whether the emissions from
sources in another state could significantly contribute to
nonattainment in, or interfere with maintenance in, that particular
area.
B. Evaluation of Significant Contribution to Nonattainment
EPA reviewed the portion of the State of New Mexico's June 12, 2009
submission addressing 110(a)(2)(D)(i)(I) and corresponding technical
analysis for the 2006 PM2.5 NAAQS, with EPA's supplemental
analysis and additional technical information to evaluate the potential
for New Mexico emissions to contribute significantly to nonattainment
of the 2006 PM2.5 NAAQS at specified monitoring sites in the
western United States.\8\ EPA first identified as ``nonattainment
receptors'' all monitoring sites in the western states that had
recorded PM2.5 design values above the level of the 2006
PM2.5 NAAQS (35 [mu]g/m\3\) during the years 2008-2010.\9\
See Section III of the TSD for a more detailed description of EPA's
methodology for selection of nonattainment receptors. Because
geographic distance is a relevant factor in the assessment of potential
pollution transport, (See footnotes 5 and 6), EPA initially focused its
review on information related to potential transport of
PM2.5 pollution from New Mexico to potential nonattainment
receptors in the states bordering New Mexico: Arizona, Utah, Colorado,
Oklahoma, and Texas.\10\ Of these bordering states, EPA identified only
Utah as having a nonattainment receptor. As detailed in the TSD, EPA
believes that the following factors support a finding that emissions
from New Mexico do not significantly contribute to nonattainment of the
2006 PM2.5 NAAQS in Utah: (1) Technical information
indicating that elevated PM2.5 levels at nonattainment
receptors are predominantly caused by local emission sources, (2) air
quality data indicating that regional background levels of
PM2.5 are generally low during the time periods of elevated
PM2.5 at these receptors, (3) the distance to the receptor
in the northwest quadrant of Utah, and (4) the presence of significant
terrain, which creates a physical impediment to pollution transport.
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\8\ EPA has also considered potential PM2.5 transport
from New Mexico to the nearest nonattainment and maintenance
receptors located in the eastern, midwestern and southern states
covered by the Transport Rule and believes it is reasonable to
conclude that, given the significant distance from New Mexico to the
nearest such receptor (in Illinois) and the relatively insignificant
amount of emissions from New Mexico that could potentially be
transported such a distance, emissions from New Mexico sources do
not significantly contribute to nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5 NAAQS at this
location. These same factors also support a finding that emissions
from New Mexico sources neither contribute significantly to
nonattainment nor interfere with maintenance of the 2006 24-hour
PM2.5 NAAQS at any location further east. See TSD at
Section I.B.3.
\9\ Because CAIR did not cover states in the western United
States, these data are not significantly impacted by the remanded
CAIR at the time and thus could be considered in this analysis. In
contrast, recent air quality data in the eastern, midwestern and
southern states are significantly impacted by reductions associated
with CAIR.
\10\ EPA did not identify any nonattainment receptors in
Arizona, Oklahoma, Texas, or Colorado.
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EPA also evaluated potential PM2.5 transport to
potential nonattainment receptors in the more distant western states of
California, Nevada, Oregon, Washington, Idaho, Wyoming, and
Montana.\11\ EPA believes that the following factors support a finding
that emissions from New Mexico do not significantly contribute to
nonattainment of the 2006 PM2.5 NAAQS in any of these states
(excluding California): (1) The significant distance from the State of
New Mexico to the nonattainment receptors in these states, (2)
technical information indicating that elevated PM2.5 levels
at nonattainment receptors in these states are predominantly caused by
local emission sources, (3) air quality data indicating that regional
background levels of PM2.5 are generally low during the time
periods of elevated PM2.5 at these receptors, and (4) the
presence of significant terrain, which creates a physical impediment to
pollution transport. With respect to California, technical information
indicating that elevated PM2.5 levels at the nonattainment
receptors are predominantly caused by local emission sources and that
the dominant air flows across California are from the west to the east
support a finding that emissions from the state of New Mexico do not
significantly contribute to nonattainment of the 2006 PM2.5
standards in California.
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\11\ Of these more distant seven states, EPA did not identify
any nonattainment receptors in Wyoming.
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Based on evaluation of New Mexico's technical analysis for the 2006
PM2.5 NAAQS, with EPA's supplemental analysis and additional
technical information, EPA proposes to conclude that emissions from
sources in the State of New Mexico do not significantly contribute to
nonattainment of the 2006 PM2.5 NAAQS in any other state and
that CAA section 110(a)(2)(D)(i)(I) therefore does not require New
Mexico to adopt additional controls and submit them to EPA for approval
as part of the New Mexico SIP for purposes of implementing the 2006
PM2.5 NAAQS.
C. Evaluation of Interference With Maintenance
EPA reviewed the portion of the State of New Mexico's June 12, 2009
submission addressing 110(a)(2)(D)(i)(I) and corresponding technical
analysis for the 2006 PM2.5 NAAQS, with EPA's supplemental
analysis and additional technical information to evaluate the potential
for New Mexico emissions to interfere with maintenance of the 2006
PM2.5 standards at specified monitoring sites in the western
United States. EPA first identified as ``maintenance receptors'' all
monitoring sites in the western states that had recorded
PM2.5 design values above the level of the
[[Page 15668]]
2006 PM2.5 NAAQS (35 [mu]g/m\3\) during the 2006-2008 and/or
2007-2009 periods but below this standard during the 2008-2010 period.
See section IV of the TSD for more information regarding EPA's
methodology for selection of maintenance receptors. All of the
maintenance receptors in the western states are located in California,
Utah, and Arizona. EPA therefore evaluated the potential for transport
of New Mexico emissions to the maintenance receptors located in
Arizona, California, and Utah. As detailed in the TSD, EPA believes
that the following factors support a finding that emissions from
sources in the State of New Mexico do not interfere with maintenance of
the 2006 PM2.5 NAAQS in Arizona and Utah: (1) The
significant distance from the State of New Mexico and the sources of
New Mexico's PM2.5 pollution to the maintenance receptors in
these states, (2) technical information indicating that elevated
PM2.5 levels at maintenance receptors in these states are
predominantly caused by local emission sources, (3) air quality data
indicating that regional background levels of PM2.5 are
generally low during the time periods of elevated PM2.5 at
these receptors, and (4) the presence of significant terrain, which
creates a physical impediment to pollution transport. With respect to
California, technical information indicating that elevated
PM2.5 levels at the maintenance receptors are predominantly
caused by local emission sources and that the dominant air flows across
California are from the west to the east support a finding that
emissions from sources in the state of New Mexico do not interfere with
maintenance of the 2006 PM2.5 standards in California.
Based on this evaluation of New Mexico's corresponding technical
analysis for the 2006 PM2.5 NAAQS, with EPA's supplemental
analysis and additional technical information, EPA proposes to conclude
that emissions from sources in the State of New Mexico do not interfere
with maintenance of the 2006 PM2.5 NAAQS in any other state
and that CAA section 110(a)(2)(D)(i)(I) therefore does not require New
Mexico to adopt additional controls and submit them to EPA for approval
as part of the New Mexico SIP for purposes of implementing the 2006
PM2.5 NAAQS.
D. Section 110(l) of the Act
Section 110(l) of the Act prohibits EPA from approving any SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of the Act. The June 12, 2009 SIP submittal from
the State of New Mexico contains no new regulatory provisions and does
not affect any requirement in New Mexico's applicable implementation
plan. Therefore, the submission does not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the Act. EPA has concluded, based
on New Mexico's technical analysis for the 2006 PM2.5 NAAQS,
and EPA's additional analysis and technical information, that the
existing SIP for the State of New Mexico is sufficient to meet the
requirements of 110(a)(2)(D)(i)(I).
III. Proposed Action
We are proposing to approve a portion of a SIP submittal for the
State of New Mexico submitted by the Governor on June 12, 2009, to
address interstate transport for the 2006 PM2.5 NAAQS. Based
on EPA's evaluation of the State's technical analysis addressing the
requirements of CAA section 110(a)(2)(D)(i) for the 2006
PM2.5 NAAQS, with EPA's additional analysis and technical
information, we propose to approve the portion of the SIP submittal
determining the existing SIP for New Mexico contains adequate
provisions to prohibit air emissions from contributing significantly to
nonattainment or interfering with maintenance of the 2006
PM2.5 NAAQS in any other state as required by CAA section
110(a)(2)(D)(i)(I). This action is being taken under section 110 of the
Act.
IV. 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 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 Clean Air Act; 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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 25, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-05663 Filed 3-11-13; 8:45 am]
BILLING CODE 6560-50-P