[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3883-3885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00774]
[[Page 3883]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0033; FRL-9921-79-Region 6]
Approval and Promulgation of Implementation Plans; State of New
Mexico; Revisions to the State Implementation Plan; General Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve revisions to the New Mexico State
Implementation Plan (SIP) related to the General Definitions section of
the New Mexico SIP that were submitted by the State of New Mexico on
June 11, 2009. EPA has evaluated the SIP revisions for New Mexico and
determined these revisions are consistent with the requirements of the
Clean Air Act (Act or CAA). EPA is approving this action under section
110 of the Act.
DATES: This direct final rule is effective on March 27, 2015 without
further notice, unless EPA receives significant adverse comment by
February 25, 2015. If EPA receives such comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0033, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions.
(2) Email: Ms. Tracie Donaldson at [email protected].
(3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0033. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 http://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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should 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: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, (214) 665-6633,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Donaldson or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
A. CAA and SIPs
B. SIP Revision Submitted on June 11, 2009
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
A. CAA and SIPs
Section 110 of the CAA requires states to develop and submit to EPA
a SIP to ensure that state air quality meets National Ambient Air
Quality Standards (NAAQS). The NAAQS currently address six criteria
pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate
matter, and sulfur dioxide. Each federally-approved SIP protects air
quality primarily by addressing air pollution at its point of origin
through air pollution regulations and control strategies. EPA-approved
SIP provisions and control strategies are federally enforceable. States
revise the SIP as needed and submit revisions to EPA for approval.
B. SIP Revision Submitted on June 11, 2009
On August 31, 2009, the New Mexico Environmental Improvement Board
(EIB) adopted amendments to the New Mexico Administrative Code (NMAC)
at Title 20, Chapter 2, Parts 2, 74 and 79. Governor Richardson
submitted these amendments as a revision to the New Mexico SIP in a
letter dated June 11, 2009.
As part of this action, EPA is addressing only the revisions to the
NMAC at Title 20, Chapter 2, Part 2, Definitions that were contained in
the revisions adopted on August 31, 2009. This includes the addition of
two definitions: ``PM2.5'' and ``PM2.5
emissions.'' EPA is not addressing the revisions to Parts 74 and 79,
which were previously addressed in a separate action. See 75 FR 72688.
EPA is also taking this opportunity to recodify the General
Definitions of the NMAC as part of this action. The New Mexico EIB
adopted the recodification of Title 20, Chapter 2, Part 2 in 2002.
II. EPA's Evaluation
As detailed in the Technical Support Document (TSD) accompanying
this action, the definitions of ``PM2.5'' and
``PM2.5 emissions'' that were submitted as additions to the
New Mexico SIP have been reviewed and were found to be consistent with
EPA's federal regulations. The 2002 recodification of Title 20, Chapter
2, Part 2 is administrative in nature, does not contain substantive
changes, and is approvable.
III. Final Action
For the reasons stated above and in the TSD, EPA is taking direct
final action to approve revisions to the New Mexico SIP pertaining to
the General Definitions section at NMAC, Title 20, Chapter 2, Part 2,
Definitions, as adopted on August 31, 2009, and submitted as SIP
revisions on June 11, 2009. EPA is also approving the recodification of
Title 20, Chapter 2, Part 2 adopted in 2002 as part of this action.
We are approving the revisions to the New Mexico SIP under section
110 of the Act. We are publishing this rule without prior proposal
because we view
[[Page 3884]]
this as a noncontroversial amendment and anticipate no significant
adverse comments. However, in the proposed rules section of this
Federal Register publication, we are publishing a separate document
that will serve as the proposal to approve the SIP revision if
significant adverse comments are received. This rule will be effective
on March 27, 2015 without further notice unless we receive significant
adverse comment by February 25, 2015. If we receive significant adverse
comments, we will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so now. Please
note that if we receive adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, we may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
IV. 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 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 13563 (76 FR 3821, January 21,
2011);
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, 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).
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 March 27, 2015. 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: January 6, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended 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(c), the table titled ``EPA Approved New Mexico
Regulations'' is amended by revising the entry for Part 2 under ``New
Mexico Administrative Code (NMAC) Title 20--Environment Protection
Chapter 2--Air Quality''. The revision reads as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved New Mexico Regulations
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State
State citation Title/ subject approval/ EPA approval date Comments
effective date
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New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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* * * * * * *
Part 2.............. Definitions............. 8/31/2009 1/26/2015.............. The following
[Insert FR page number definitions are state
where document begins]. specific and are not
being approved into
the SIP:
G. ``Carbon dioxide''
M. ``Greenhouse gas''
O.
``Hydrofluorocarbons''
S. ``Methane''
V. ``Nitrous oxide''
AA.
``Perfluorocarbons''
AN. ``Sulfur
hexafluoride''
* * * * * * *
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[FR Doc. 2015-00774 Filed 1-23-15; 8:45 am]
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