80 FR 33191 - Approval and Promulgation of Air Quality Implementation Plans; State of New Mexico; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard and Repeal of Cement Kilns Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 112 (June 11, 2015)
Federal Register Volume 80, Issue 112 (June 11, 2015)
| Page Range | 33191-33192 | |
| FR Document | 2015-13954 |
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)] [Rules and Regulations] [Pages 33191-33192] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13954] [[Page 33191]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2011-0821; FRL-9928-80-Region 6] Approval and Promulgation of Air Quality Implementation Plans; State of New Mexico; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard and Repeal of Cement Kilns Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Under the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submittal from the State of New Mexico pertaining to the implementation, maintenance, and enforcement of the 2008 National Ambient Air Quality Standards (NAAQS or standards) for Lead (Pb). EPA is also approving a revision to the New Mexico SIP that removes a repealed state-wide cement kilns rule from the SIP. DATES: This final rule is effective on July 13, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2011-0821. 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. FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454, fuerst.sherry@epa.gov (Pb SIP); or Alan Shar, (214) 665-6691, shar.alan@epa.gov (cement kilns SIP revision). SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for this action is discussed in detail in our December 11, 2014, proposal (79 FR 73512). In that rulemaking action, we proposed to approve (1) a September 9, 2011, SIP submittal from the State of New Mexico pertaining to the implementation, maintenance and enforcement of the 2008 Pb NAAQS and (2) a July 31, 2014, SIP submittal removing from the SIP the repealed New Mexico cement kilns rule. The public comment period for the December 11, 2014, proposal (79 FR 73512) expired on January 12, 2015, and we did not receive any comments concerning our proposal. Therefore, we are finalizing our proposed action. II. Final Action We are approving the September 9, 2011, SIP submittal pertaining to implementation, maintenance, and enforcement of the 2008 Pb NAAQS. We are also approving the July 31, 2014, SIP submittal which removes the repealed New Mexico cement kilns rule (NMAC 20.2.12--Cement Kilns). 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 Clean Air 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 August 10, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purpose 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 33192]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Reporting and recordkeeping requirements. Dated: May 27, 2015. Ron Curry, Regional Administrator, Region 6. Therefore, 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: 0 a. In paragraph (c), the first table titled ``EPA Approved New Mexico Regulations'' is amended by removing the entry ``Part 12, Cement Kilns''; and 0 b. In paragraph (e), the second table titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is amended by adding an entry at the end of the table for ``Infrastructure and Transport for the 2008 Pb NAAQS''. The addition reads as follows: Sec. 52.1620 Identification of plan. * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP ---------------------------------------------------------------------------------------------------------------- State Applicable submittal/ Name of SIP provision geographic or effective EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and Transport for Statewide (except 9/9/2011 June 11, 2015 the 2008 Pb NAAQS. Bernalillo County). [Insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-13954 Filed 6-10-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations 33191
ENVIRONMENTAL PROTECTION rulemaking action, we proposed to safety risks subject to Executive Order
AGENCY approve (1) a September 9, 2011, SIP 13045 (62 FR 19885, April 23, 1997);
submittal from the State of New Mexico • Is not a significant regulatory action
40 CFR Part 52 pertaining to the implementation, subject to Executive Order 13211 (66 FR
[EPA–R06–OAR–2011–0821; FRL–9928–80– maintenance and enforcement of the 28355, May 22, 2001);
Region 6] 2008 Pb NAAQS and (2) a July 31, 2014,
SIP submittal removing from the SIP the • Is not subject to requirements of
Approval and Promulgation of Air repealed New Mexico cement kilns rule. Section 12(d) of the National
Quality Implementation Plans; State of The public comment period for the Technology Transfer and Advancement
New Mexico; Infrastructure December 11, 2014, proposal (79 FR Act of 1995 (15 U.S.C. 272 note) because
Requirements for the 2008 Lead 73512) expired on January 12, 2015, and application of those requirements would
National Ambient Air Quality Standard we did not receive any comments be inconsistent with the Clean Air Act;
and Repeal of Cement Kilns Rule concerning our proposal. Therefore, we and
are finalizing our proposed action. • Does not provide EPA with the
AGENCY: Environmental Protection discretionary authority to address, as
Agency (EPA). II. Final Action
appropriate, disproportionate human
ACTION: Final rule. We are approving the September 9, health or environmental effects, using
2011, SIP submittal pertaining to practicable and legally permissible
SUMMARY: Under the Federal Clean Air implementation, maintenance, and methods, under Executive Order 12898
Act (CAA), the Environmental enforcement of the 2008 Pb NAAQS. We (59 FR 7629, February 16, 1994).
Protection Agency (EPA) is approving a are also approving the July 31, 2014, SIP
State Implementation Plan (SIP) submittal which removes the repealed In addition, the SIP is not approved to
submittal from the State of New Mexico New Mexico cement kilns rule (NMAC apply on any Indian reservation land or
pertaining to the implementation, 20.2.12—Cement Kilns). in any other area where EPA or an
maintenance, and enforcement of the Indian tribe has demonstrated that a
2008 National Ambient Air Quality III. Statutory and Executive Order tribe has jurisdiction. In those areas of
Standards (NAAQS or standards) for Reviews Indian country, the rule does not have
Lead (Pb). EPA is also approving a Under the Clean Air Act, the tribal implications and will not impose
revision to the New Mexico SIP that Administrator is required to approve a substantial direct costs on tribal
removes a repealed state-wide cement SIP submission that complies with the governments or preempt tribal law as
kilns rule from the SIP. provisions of the Clean Air Act and specified by Executive Order 13175 (65
DATES: This final rule is effective on July applicable Federal regulations. 42 FR 67249, November 9, 2000).
13, 2015. U.S.C. 7410(k); 40 CFR 52.02(a). Thus, The Congressional Review Act, 5
ADDRESSES: EPA has established a in reviewing SIP submissions, EPA’s U.S.C. 801 et seq., as added by the Small
docket for this action under Docket ID role is to approve state choices, Business Regulatory Enforcement
No. EPA–R06–OAR–2011–0821. All provided that they meet the criteria of Fairness Act of 1996, generally provides
documents in the docket are listed on the Clean Air Act. Accordingly, this that before a rule may take effect, the
the http://www.regulations.gov Web action merely approves state law as agency promulgating the rule must
site. Although listed in the index, some meeting Federal requirements and does submit a rule report, which includes a
information is not publicly available, not impose additional requirements copy of the rule, to each House of the
e.g., Confidential Business Information beyond those imposed by state law. For Congress and to the Comptroller General
or other information whose disclosure is that reason, this action: of the United States. EPA will submit a
restricted by statute. Certain other • Is not a ‘‘significant regulatory report containing this action and other
material, such as copyrighted material, action’’ subject to review by the Office required information to the U.S. Senate,
is not placed on the Internet and will be of Management and Budget under the U.S. House of Representatives, and
publicly available only in hard copy Executive Orders 12866 (58 FR 51735, the Comptroller General of the United
form. Publicly available docket October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in
materials are available either January 21, 2011); the Federal Register. A major rule
electronically through http:// • Does not impose an information cannot take effect until 60 days after it
www.regulations.gov or in hard copy at collection burden under the provisions is published in the Federal Register.
the Air Planning Section (6PD–L), of the Paperwork Reduction Act (44 This action is not a ‘‘major rule’’ as
Environmental Protection Agency, 1445 U.S.C. 3501 et seq.); defined by 5 U.S.C. 804(2).
Ross Avenue, Suite 700, Dallas, Texas • Is certified as not having a Under section 307(b)(1) of the Clean
75202–2733. significant economic impact on a Air Act, petitions for judicial review of
FOR FURTHER INFORMATION CONTACT: substantial number of small entities this action must be filed in the United
Sherry Fuerst, (214) 665–6454, under the Regulatory Flexibility Act (5 States Court of Appeals for the
fuerst.sherry@epa.gov (Pb SIP); or Alan U.S.C. 601 et seq.); appropriate circuit by August 10, 2015.
Shar, (214) 665–6691, shar.alan@ • Does not contain any unfunded Filing a petition for reconsideration by
epa.gov (cement kilns SIP revision). mandate or significantly or uniquely the Administrator of this final rule does
SUPPLEMENTARY INFORMATION: affect small governments, as described not affect the finality of this action for
Throughout this document wherever in the Unfunded Mandates Reform Act the purpose of judicial review nor does
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean of 1995 (Pub. L. 104–4); it extend the time within which a
Lhorne on DSK2VPTVN1PROD with RULES
the EPA. • Does not have Federalism petition for judicial review may be filed,
implications as specified in Executive and shall not postpone the effectiveness
I. Background Order 13132 (64 FR 43255, August 10, of such rule or action. This action may
The background for this action is 1999); not be challenged later in proceedings to
discussed in detail in our December 11, • Is not an economically significant enforce its requirements. (See section
2014, proposal (79 FR 73512). In that regulatory action based on health or 307(b)(2)).
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![33192 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations
List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND Regulations’’ is amended by removing
PROMULGATION OF the entry ‘‘Part 12, Cement Kilns’’; and
Environmental protection, Air IMPLEMENTATION PLANS ■ b. In paragraph (e), the second table
pollution control, Incorporation by titled ‘‘EPA Approved Nonregulatory
reference, Intergovernmental relations, ■ 1. The authority citation for part 52 Provisions and Quasi-Regulatory
Lead, Reporting and recordkeeping continues to read as follows: Measures in the New Mexico SIP’’ is
requirements. amended by adding an entry at the end
Authority: 42 U.S.C. 7401 et seq.
Dated: May 27, 2015. of the table for ‘‘Infrastructure and
Ron Curry, Subpart GG—New Mexico Transport for the 2008 Pb NAAQS’’.
The addition reads as follows:
Regional Administrator, Region 6.
■ 2. In § 52.1620: § 52.1620 Identification of plan.
Therefore, 40 CFR part 52 is amended
■ a. In paragraph (c), the first table titled * * * * *
as follows: ‘‘EPA Approved New Mexico (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State sub-
Applicable geographic or
Name of SIP provision mittal/effec- EPA approval date Explanation
nonattainment area tive date
* * * * * * *
Infrastructure and Transport for the Statewide (except Bernalillo County) 9/9/2011 June 11, 2015 [Insert Federal Reg-
2008 Pb NAAQS. ister citation].
[FR Doc. 2015–13954 Filed 6–10–15; 8:45 am] ADDRESSES: Submit your comments, name and other contact information in
BILLING CODE 6560–50–P identified by Docket ID No. EPA–R07– the body of your comment and with any
OAR–2015–0358, by one of the disk or CD–ROM you submit. If EPA
following methods: cannot read your comment due to
ENVIRONMENTAL PROTECTION 1. www.regulations.gov. Follow the technical difficulties and cannot contact
AGENCY on-line instructions for submitting you for clarification, EPA may not be
comments. able to consider your comment.
40 CFR Part 52 2. Email: Hamilton.heather@epa.gov Electronic files should avoid the use of
3. Mail or Hand Delivery: Heather special characters, any form of
[EPA–R07–OAR–2015–0358; FRL–9928–90– Hamilton, Environmental Protection
encryption, and be free of any defects or
Region–7] Agency, Air Planning and Development
viruses.
Branch, 11201 Renner Boulevard,
Approval and Promulgation of Air Lenexa, Kansas 66219. Docket: All documents in the docket
Quality Implementation Plans; Iowa; Instructions: Direct your comments to are listed in the www.regulations.gov
Grain Vacuuming Best Management Docket ID No. EPA–R07–OAR–2015– index. Although listed in the index,
Practices (BMPs) and Rescission 0358. EPA’s policy is that all comments some information is not publicly
Rules received will be included in the public available, i.e., CBI or other information
docket without change and may be whose disclosure is restricted by statute.
AGENCY: Environmental Protection made available online at Certain other material, such as
Agency (EPA). www.regulations.gov, including any copyrighted material, will be publicly
ACTION: Direct final rule. personal information provided, unless available only in hard copy form.
the comment includes information Publicly available docket materials are
SUMMARY: The Environmental Protection claimed to be Confidential Business available either electronically in
Agency (EPA) is taking direct final Information (CBI) or other information www.regulations.gov or in hard copy at
action to approve revisions to the State whose disclosure is restricted by statute. the Environmental Protection Agency,
Implementation Plan (SIP) for the State Do not submit through Air Planning and Development Branch,
of Iowa to amend Best Management www.regulations.gov or email 11201 Renner Boulevard, Lenexa,
Practices (BMPs) for grain vacuuming information that you consider to be CBI Kansas 66219. The Regional Office’s
operations at Group 1 grain elevators. or otherwise protected. The
Additional revisions to the SIP include official hours of business are Monday
www.regulations.gov Web site is an through Friday, 8:00 a.m. to 4:30 p.m.
revised definitions, revised ‘‘anonymous access’’ system, which
requirements for Department forms, and excluding legal holidays. The interested
means EPA will not know your identity persons wanting to examine these
rescinding rule requirements and or contact information unless you
references for conditional permits. documents should make an
provide it in the body of your comment. appointment with the office at least 24
DATES: This direct final rule will be If you send an email comment directly hours in advance.
effective August 10, 2015, without to EPA without going through
further notice, unless EPA receives www.regulations.gov, your email FOR FURTHER INFORMATION CONTACT:
Lhorne on DSK2VPTVN1PROD with RULES
adverse comment by July 13, 2015. If address will be automatically captured Heather Hamilton, Environmental
EPA receives adverse comment, we will and included as part of the comment Protection Agency, Air Planning and
publish a timely withdrawal of the that is placed in the public docket and Development Branch, 11201 Renner
direct final rule in the Federal Register made available on the Internet. If you Boulevard, Lenexa, Kansas 66219 at
informing the public that the rule will submit an electronic comment, EPA 913–551–7039, or by email at
not take effect. recommends that you include your Hamilton.heather@epa.gov.
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Document Created: 2015-12-15 15:07:45
Document Modified: 2015-12-15 15:07:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 13, 2015. | |
| Contact | Sherry Fuerst, (214) 665-6454, [email protected] (Pb SIP); or Alan Shar, (214) 665-6691, [email protected] (cement kilns SIP revision). | |
| FR Citation | 80 FR 33191 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements |
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