Federal Register, Volume 60 Issue 112 (Monday, June 12, 1995)

[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Rules and Regulations]
[Pages 30789-30791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14339]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[NM-25-1-6980; FRL-5218-1]

Designation of Area for Air Quality Planning Purposes; New
Mexico; Designation of Sunland Park Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act (CAA), the
EPA is taking final action to redesignate a portion of Dona Ana County,
New Mexico (i.e. the Sunland Park area) from unclassifiable/attainment
to nonattainment for the ozone National Ambient Air Quality Standards
(NAAQS). The redesignation is based upon violations of the ozone NAAQS
which were monitored from 1992-1994.

EFFECTIVE DATE: July 12, 1995.

ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
addresses listed below. The interested persons wanting to examine these
documents should make an appointment at least twenty-four hours before
the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733
New Mexico Environment Department, Air Monitoring & Control Strategy
Bureau, 1190 St. Francis Drive, room So. 2100, Santa Fe, New Mexico
87503

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather, Planning Section (6T-
AP), Air Programs Branch (6T-A), USEPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, telephone (214) 665-7258.

SUPPLEMENTARY INFORMATION:

Background

The CAA authorizes the EPA to revise the designation of current
ozone areas from unclassifiable/attainment to nonattainment on the
basis of air quality data, planning and control considerations, or any
other air quality-related considerations the EPA deems appropriate (see
section 107(d)(3) of the CAA).
Following the process outlined in section 107(d)(3) of the CAA, on
December 16, 1994, the Regional Administrator of the EPA Region 6
notified the Governor of New Mexico that the EPA believed the Sunland
Park area should be redesignated as nonattainment for ozone. Under
section 107(d)(3)(B) of the CAA, the Governor of New Mexico was
required to submit to the EPA the designation considered appropriate
for the Sunland Park area within 120 days after the EPA's notification.
The EPA received the State's response for the Sunland Park area on
February 6, 1995 (letter dated January 30, 1995). Following receipt of
the Governor's letter, the EPA proceeded to propose the nonattainment
designation for the Sunland Park area (see 60 Federal Register (FR)
17756-17758, April 7, 1995). The EPA now is taking final action on the
proposed nonattainment redesignation. Based upon the EPA's review of
the State's January 30, 1995, letter for the Sunland Park area, the EPA
is finalizing a redesignation to nonattainment which is consistent with
the request submitted by the Governor of New Mexico.
Section 107(d)(1)(A) of the CAA sets out definitions of
nonattainment, attainment, and unclassifiable. A nonattainment area is
defined as any area that does not meet (or that significantly
contributes to ambient air quality in a nearby area that does not meet)
the national primary or secondary ambient air quality standard for
ozone (see section 107(d)(1)(A)(i) of the [[Page 30790]] CAA) ^{1.
Thus, in determining the appropriate boundaries for the nonattainment
area finalized in this action, the EPA has considered not only the area
where the violations of the ozone NAAQS are occurring, but nearby areas
which significantly contribute to such violations.

\1\ The EPA has construed the definition of nonattainment area
to require some material or significant contribution to a violation
in a nearby area. The Agency believes it is reasonable to conclude
that something greater than a molecular impact is required.
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Response to Public Comments

In the April 7, 1995, proposal FR action, the EPA requested public
comments on all aspects of the proposal, including the appropriateness
of the proposed designation and the scope of the proposed boundaries.
The EPA received no comments on the proposal FR action.

Final Action

As noted above, pursuant to section 107(d)(3) of the CAA, the EPA
is authorized to initiate the redesignation of areas as nonattainment
for ozone. Based on the ozone air quality monitoring data for the
Sunland Park monitoring station, the EPA notified the Governor of New
Mexico on December 16, 1994, that the Sunland Park area should be
redesignated from unclassifiable/attainment to nonattainment for the
ozone NAAQS. Ozone monitoring began in Sunland Park on June 15, 1992.
Seven measured exceedances of the ozone NAAQS have been recorded at the
monitoring site, ranging from a low of .126 parts per million (ppm) to
a high of .140 ppm. The seven exceedances represent a violation of the
ozone NAAQS (see 40 Code of Federal Regulations (CFR) 50.9). Since less
than three years of data have been collected at the Sunland Park
monitoring site, the EPA design value (used to determine ozone
attainment status) for the site is the third highest ozone value
recorded--.136 ppm. Therefore, the Sunland Park ozone nonattainment
area is classified as a marginal ozone nonattainment area according to
the classification scheme set forth in section 181 of the CAA. Due to
the marginal classification, the attainment date for the Sunland Park
ozone nonattainment area will be three years from the effective date of
this Federal Register final action establishing the nonattainment
designation and classification.
In response to the EPA's December 16, 1994, letter, on January 30,
1995, the Governor of New Mexico concurred with the EPA that a small
area of southern Dona Ana County, including Sunland Park, be
redesignated as nonattainment for the ozone NAAQS. However, the
Governor did not concur with the proposed nonattainment boundaries in
one respect, proposing an alternate western boundary for the
nonattainment area. Based on the information provided by the Governor,
including monitoring data, the EPA believes that the nonattainment
boundaries submitted by the Governor are appropriate. The technical
information supporting the redesignation request and the boundary
selections are available for public review at the addresses indicated
above.

Significance of Final Action for the Sunland Park Area, New Mexico

Within 24 months after the effective date of this final action on
the nonattainment redesignation, New Mexico must submit an
implementation plan for the Sunland Park ozone nonattainment area
meeting the requirements of part D, title I of the CAA (see section
182(a) of the CAA).
The CAA provides that the plan for the area must contain, among
other things, the following items:
1. A comprehensive, accurate, current inventory of actual emissions
from all sources, as described in section 172(c)(3) of the CAA, in
accordance with guidance provided by the EPA. The pollutants
inventoried must include volatile organic compounds (VOC), nitrogen
oxides (NOX) and carbon monoxide. No later than the end of each
three year period after submission of the initial inventory, until the
area is redesignated to attainment, the State must submit a revised
inventory meeting all EPA requirements (see section 182(a)(1) of the
CAA).
2. Requirements that the owner or operator of each stationary
source of NOx or VOC provide the State with a statement, in such form
as the EPA may prescribe, for classes or categories of sources, showing
the actual emissions of NOx and VOC from that source. The first such
statement must be submitted to the State within three years after the
effective date of this final action establishing the nonattainment
designation. Subsequent statements shall be submitted at least every
year thereafter. The statement shall contain a certification that the
information contained in the statement is accurate to the best
knowledge of the individual certifying the statement. The State may
waive the emission statement requirement for any class or category of
stationary sources which emits less than 25 tons per year of VOC or
NOx, if the State, in its initial and periodic emission inventories,
provides an inventory of emissions from such class or category of
sources, based on the use of the emission factors established by the
EPA, or other methods acceptable to the EPA (see section 182(a)(3)(B)
of the CAA).
3. A revised nonattainment new source review permitting program
meeting the requirements of sections 172(c)(5) and 173 of the CAA,
including the requirement that the ratio of total emission reductions
of VOC to total increased emissions of such air pollutant shall be at
least 1.1 to 1 (see section 182(a)(4) of the CAA).
4. Revised conformity rules (Regulations 20 NMAC 2.98 and 20 NMAC
2.99) if necessary (see sections 176 and 182 of the CAA).

Miscellaneous

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Redesignation of an area to nonattainment under section 107(d)(3)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the planning status of a
geographical area and does not, in itself, impose any regulatory
requirements on sources. To the extent that the area must adopt new
regulations, based on its nonattainment status, the EPA will review, as
appropriate, the effect of those actions on small entities at the time
the State submits those regulations. I certify that approval of the
redesignation request will not affect a substantial number of small
entities.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 11, 1995. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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)). [[Page 30791]]

Executive Order

The Office of Management and Budget has exempted this action from
review under Executive Order 12866.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, National parks,
Wilderness areas.

Dated: May 25, 1995.
Jane N. Saginaw,
Regional Administrator.

40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.332 the ozone table is amended by revising the entry
``AQCR 153 El Paso-Las Cruces-Alamogordo'' to read as follows:

Sec. 81.332 New Mexico.

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New Mexico--Ozone
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Designation Classification
Designated area ------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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*
AQCR 153 El Paso-Las ..................... ..................... ..................... ....................
Cruces-Alamogordo.
Dona Ana County July 12, 1995........ Nonattainment........ July 12, 1995........ Nonattainment.
(part)--The area
bounded by the New
Mexico-Texas State
line on the east,
the New Mexico-
Mexico international
line on the south,
the Range 3E-Range
2E line on the west,
and the N3200
latitude line on the
north.
Remainder of Dona Ana ..................... Unclassifiable/ ..................... ....................
County. Attainment.
Lincoln County....... ..................... Unclassifiable/ ..................... ....................
Attainment.
Otero County......... ..................... Unclassifiable/ ..................... ....................
Attainment.
Sierra County........ ..................... Unclassifiable/ ..................... ....................
Attainment.

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*
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\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 95-14339 Filed 6-9-95; 8:45 am]
BILLING CODE 6560-50-P}