[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Pages 40966-40968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16345]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2009-0710; FRL-9831-1]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Interstate Transport of Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a portion of a State Implementation Plan
(SIP) submittal from the State of New Mexico to address Clean Air Act
(CAA or Act) requirements 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
has determined 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 the Act.
DATES: This final rule is effective on August 8, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2009-0710. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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 either
electronically through http://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 Freedom
of Information Act 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 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee 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.
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. Final Action
III. Statutory and Executive Order Reviews
I. Background
The background for today's action is discussed in detail in our
March 12, 2013 proposal (78 FR 15664). In that notice, we proposed to
approve a portion of a SIP submittal dated June 12, 2009, from the
State of New Mexico to address CAA section 110(a)(2)(D)(i)(I)
requirements that prohibit air emissions which will contribute
significantly to nonattainment or interfere with maintenance in any
other state for the 2006 PM2.5 NAAQS. Specifically, we
proposed 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 PM2.5 NAAQS. We received one comment from a citizen
supporting our proposal. The comment letter is available for review in
the docket for this rulemaking. We did not receive any adverse comments
regarding our proposal.
[[Page 40967]]
II. Final Action
We are approving 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 approve the portion of the June 12, 2009 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.
III. 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 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 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 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 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 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 September 9, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed 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, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 25, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. The second table in Sec. 52.1620(e) entitled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by revising the entry for ``Infrastructure for
2006 PM2.5 and Interstate Transport regarding
noninterference with other states' programs for PSD for the 2006
PM2.5 NAAQS'' to read as follows:
Sec. 52.1620 Identification of plan
* * * * *
(e) * * *
[[Page 40968]]
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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Applicable geographic State submittal/
Name of SIP provision or nonattainment area effective date EPA approval date Explanation
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* * * * * * *
Infrastructure for 2006 PM2.5 NAAQS. Statewide, except for 6/12/2009 7/9/2013 [Insert FR page 1/22/2013, (78 FR 4337): Approval for
Bernalillo County and number where document 110(a)(2)(A), (B), (C), (D)(i)(II) (PSD
Indian country. begins]. portion), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). 7/9/2013,
([Insert FR page number where document
begins]): Approval for
110(a)(2)(D)(i)(I).
* * * * * * *
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[FR Doc. 2013-16345 Filed 7-8-13; 8:45 am]
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