80 FR 36246 - Approval and Promulgation of Air Quality Implementation Plans; State of New Mexico; Infrastructure Requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards and Interstate Transport of Fine Particulate Matter Air Pollution Affecting Visibility
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 121 (June 24, 2015)
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36246-36247 | |
| FR Document | 2015-15322 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Rules and Regulations] [Pages 36246-36247] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15322] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2014-0270; FRL-9929-38-Region-6] Approval and Promulgation of Air Quality Implementation Plans; State of New Mexico; Infrastructure Requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards and Interstate Transport of Fine Particulate Matter Air Pollution Affecting Visibility AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: 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 Ozone (O3 ) and the 2010 NAAQS for Nitrogen Dioxide (NO2 ). EPA is also approving the finding that the State of New Mexico meets the 2006 fine particulate matter (PM2.5 ) NAAQS requirement pertaining to interstate transport of air pollution and visibility protection. DATES: This final rule is effective on July 24, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2014-0270. 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, [email protected] (O3 and NO2 SIPs); or, (214) 665-6645, [email protected] (fine particulate matter). SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for today's action is discussed in detail in our March 26, 2015, proposal (80 FR 15963). In that rulemaking action, we proposed to approve (1) an August 27, 2013, SIP submittal from the State of New Mexico pertaining to the implementation, maintenance and enforcement of the 2008 ozone NAAQS, (2) a March 12, 2014, SIP submittal pertaining to the implementation, maintenance and enforcement of the 2008 nitrogen dioxide NAAQS, and; (3) that the November 27, 2012 and October 9, 2014 final SIP actions pertaining to the interstate transport requirement for visibility protection meet the requirement for the 2006 PM 2.5 NAAQS. The public comment period for the March 26, 2015, proposal (80 FR 15963) expired on April 27, 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 (1) August 27, 2013, SIP submittal from the State of New Mexico pertaining to the implementation, maintenance and enforcement of the 2008 ozone NAAQS, (2) March 12, 2014, SIP submittal pertaining to the implementation, maintenance and enforcement of the 2008 nitrogen dioxide NAAQS, and; (3) the November 27, 2012 and October 9, 2014 final SIP actions pertaining to the interstate transport requirement for visibility protection as meeting the requirement for the 2006 PM 2.5 NAAQS. 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. [[Page 36247]] 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 24, 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).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Reporting and recordkeeping requirements. Dated: June 11, 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. 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 PM 2.5 NAAQS'' and adding new entries at the end for ``Infrastructure for the 2008 Ozone NAAQS'' and ``Infrastructure for the 2010 NO2 NAAQS''. The revision and additions 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 for 2006 PM2.5 Statewide, except 6/12/2009 1/22/2013, (78..... Additional approvals on NAAQS. for Bernalillo FR 4337)........... 7/9/2013, 78 FR 40966 County and Indian (110(a)(2)(D)(i)(I)) country. and 6/24/2015, [Insert Federal Register citation] (110(a)(2)(D)(i)(II), visibility portion). * * * * * * * Infrastructure for the 2008 Statewide, except 8/27/2013 6/24/2015.......... Ozone NAAQS. for Bernalillo [Insert Federal County and Indian Register citation]. country. Infrastructure for the 2010 NO2 Statewide, except 3/12/2014 6/24/2015.......... NAAQS. for Bernalillo [Insert Federal County and Indian Register citation]. country. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-15322 Filed 6-23-15; 8:45 am] BILLING CODE 6560-50-P
![36246 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
[FR Doc. 2015–15463 Filed 6–23–15; 8:45 am] ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean • Does not impose an information
BILLING CODE 6560–50–P the EPA. collection burden under the provisions
of the Paperwork Reduction Act (44
I. Background
U.S.C. 3501 et seq.);
ENVIRONMENTAL PROTECTION The background for today’s action is • Is certified as not having a
AGENCY discussed in detail in our March 26, significant economic impact on a
2015, proposal (80 FR 15963). In that substantial number of small entities
40 CFR Part 52 rulemaking action, we proposed to under the Regulatory Flexibility Act (5
[EPA–R06–OAR–2014–0270; FRL–9929–38– approve (1) an August 27, 2013, SIP U.S.C. 601 et seq.);
Region–6] submittal from the State of New Mexico • Does not contain any unfunded
pertaining to the implementation, mandate or significantly or uniquely
Approval and Promulgation of Air maintenance and enforcement of the affect small governments, as described
Quality Implementation Plans; State of 2008 ozone NAAQS, (2) a March 12, in the Unfunded Mandates Reform Act
New Mexico; Infrastructure 2014, SIP submittal pertaining to the of 1995 (Pub. L. 104–4);
Requirements for the 2008 Ozone and implementation, maintenance and • Does not have Federalism
2010 Nitrogen Dioxide National enforcement of the 2008 nitrogen implications as specified in Executive
Ambient Air Quality Standards and dioxide NAAQS, and; (3) that the Order 13132 (64 FR 43255, August 10,
Interstate Transport of Fine Particulate November 27, 2012 and October 9, 2014 1999);
Matter Air Pollution Affecting Visibility final SIP actions pertaining to the • Is not an economically significant
interstate transport requirement for regulatory action based on health or
AGENCY: Environmental Protection
visibility protection meet the safety risks subject to Executive Order
Agency (EPA).
requirement for the 2006 PM 2.5 13045 (62 FR 19885, April 23, 1997);
ACTION: Final rule. NAAQS. The public comment period for • Is not a significant regulatory action
SUMMARY: The Environmental Protection the March 26, 2015, proposal (80 FR subject to Executive Order 13211 (66 FR
Agency (EPA) is approving a State 15963) expired on April 27, 2015, and 28355, May 22, 2001);
we did not receive any comments
Implementation Plan (SIP) submittal • Is not subject to requirements of
from the State of New Mexico pertaining concerning our proposal. Therefore, we
Section 12(d) of the National
to the implementation, maintenance, are finalizing our proposed action.
Technology Transfer and Advancement
and enforcement of the 2008 National II. Final Action Act of 1995 (15 U.S.C. 272 note) because
Ambient Air Quality Standards application of those requirements would
(NAAQS or standards) for Ozone (O3) We are approving the (1) August 27,
2013, SIP submittal from the State of be inconsistent with the Clean Air Act;
and the 2010 NAAQS for Nitrogen and
Dioxide (NO2). EPA is also approving New Mexico pertaining to the
implementation, maintenance and • Does not provide EPA with the
the finding that the State of New Mexico discretionary authority to address, as
meets the 2006 fine particulate matter enforcement of the 2008 ozone NAAQS,
(2) March 12, 2014, SIP submittal appropriate, disproportionate human
(PM2.5) NAAQS requirement pertaining health or environmental effects, using
to interstate transport of air pollution pertaining to the implementation,
maintenance and enforcement of the practicable and legally permissible
and visibility protection. methods, under Executive Order 12898
2008 nitrogen dioxide NAAQS, and; (3)
DATES: This final rule is effective on July (59 FR 7629, February 16, 1994).
24, 2015. the November 27, 2012 and October 9,
2014 final SIP actions pertaining to the In addition, the SIP is not approved
ADDRESSES: EPA has established a to apply on any Indian reservation land
interstate transport requirement for
docket for this action under Docket ID visibility protection as meeting the or in any other area where EPA or an
No. EPA–R06–OAR–2014–0270. All Indian tribe has demonstrated that a
requirement for the 2006 PM 2.5
documents in the docket are listed on tribe has jurisdiction. In those areas of
NAAQS.
the http://www.regulations.gov Web Indian country, the rule does not have
site. Although listed in the index, some III. Statutory and Executive Order tribal implications and will not impose
information is not publicly available, Reviews substantial direct costs on tribal
e.g., Confidential Business Information Under the Clean Air Act, the governments or preempt tribal law as
or other information whose disclosure is Administrator is required to approve a specified by Executive Order 13175 (65
restricted by statute. Certain other SIP submission that complies with the FR 67249, November 9, 2000).
material, such as copyrighted material, provisions of the Clean Air Act and The Congressional Review Act, 5
is not placed on the Internet and will be applicable Federal regulations. 42 U.S.C. 801 et seq., as added by the Small
publicly available only in hard copy U.S.C. 7410(k); 40 CFR 52.02(a). Thus, Business Regulatory Enforcement
form. Publicly available docket in reviewing SIP submissions, EPA’s Fairness Act of 1996, generally provides
materials are available either role is to approve state choices, that before a rule may take effect, the
electronically through http:// provided that they meet the criteria of agency promulgating the rule must
www.regulations.gov or in hard copy at the Clean Air Act. Accordingly, this submit a rule report, which includes a
the Air Planning Section (6PD–L), action merely approves state law as copy of the rule, to each House of the
Environmental Protection Agency, 1445 meeting Federal requirements and does Congress and to the Comptroller General
Ross Avenue, Suite 700, Dallas, Texas not impose additional requirements of the United States. EPA will submit a
75202–2733. report containing this action and other
wreier-aviles on DSK5TPTVN1PROD with RULES
beyond those imposed by state law. For
FOR FURTHER INFORMATION CONTACT: that reason, this action: required information to the U.S. Senate,
Sherry Fuerst, (214) 665–6454, • Is not a ‘‘significant regulatory the U.S. House of Representatives, and
fuerst.sherry@epa.gov (O3 and NO2 action’’ subject to review by the Office the Comptroller General of the United
SIPs); or, (214) 665–6645, young.carl@ of Management and Budget under States prior to publication of the rule in
epa.gov (fine particulate matter). Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
SUPPLEMENTARY INFORMATION: October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
Throughout this document wherever January 21, 2011); is published in the Federal Register.
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![Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations 36247
This action is not a ‘‘major rule’’ as List of Subjects in 40 CFR Part 52 Subpart GG—New Mexico
defined by 5 U.S.C. 804(2). Environmental protection, Air
Under section 307(b)(1) of the Clean pollution control, Incorporation by ■ 2. The second table in § 52.1620(e)
Air Act, petitions for judicial review of reference, Intergovernmental relations, entitled ‘‘EPA Approved Nonregulatory
this action must be filed in the United Lead, Reporting and recordkeeping Provisions and Quasi-Regulatory
States Court of Appeals for the requirements. Measures in the New Mexico SIP’’ is
appropriate circuit by August 24, 2015. amended by revising the entry for
Dated: June 11, 2015.
‘‘Infrastructure for 2006 PM2.5 NAAQS’’
Filing a petition for reconsideration by Ron Curry,
and adding new entries at the end for
the Administrator of this final rule does Regional Administrator, Region 6. ‘‘Infrastructure for the 2008 Ozone
not affect the finality of this action for 40 CFR part 52 is amended as follows: NAAQS’’ and ‘‘Infrastructure for the
the purpose of judicial review nor does
2010 NO2 NAAQS’’.
it extend the time within which a PART 52—APPROVAL AND
petition for judicial review may be filed, PROMULGATION OF The revision and additions reads as
and shall not postpone the effectiveness IMPLEMENTATION PLANS follows:
of such rule or action. This action may § 52.1620 Identification of plan.
not be challenged later in proceedings to ■ 1. The authority citation for part 52
enforce its requirements. (See section continues to read as follows: * * * * *
307(b)(2).) Authority: 42 U.S.C. 7401 et seq. (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Applicable geographic submittal/
Name of SIP provision EPA approval date Explanation
or nonattainment area effective
date
* * * * * * *
Infrastructure for 2006 Statewide, except for 6/12/2009 1/22/2013, (78 ............... Additional approvals on 7/9/2013, 78 FR 40966
PM2.5 NAAQS. Bernalillo County and FR 4337) ....................... (110(a)(2)(D)(i)(I)) and 6/24/2015, [Insert Fed-
Indian country. eral Register citation] (110(a)(2)(D)(i)(II), visi-
bility portion).
* * * * * * *
Infrastructure for the Statewide, except for 8/27/2013 6/24/2015 ......................
2008 Ozone NAAQS. Bernalillo County and [Insert Federal Register
Indian country. citation].
Infrastructure for the Statewide, except for 3/12/2014 6/24/2015 ......................
2010 NO2 NAAQS. Bernalillo County and [Insert Federal Register
Indian country. citation].
[FR Doc. 2015–15322 Filed 6–23–15; 8:45 am] (e) You must monitor the capture ENVIRONMENTAL PROTECTION
BILLING CODE 6560–50–P system and PM control device required AGENCY
by this subpart, maintain records, and
submit reports according to the 40 CFR Part 81
ENVIRONMENTAL PROTECTION compliance assurance monitoring
AGENCY requirements in 40 CFR part 64. The Designation of Areas for Air Quality
exemption in 40 CFR 64.2(b)(1)(i) for Planning Purposes
40 CFR Part 63 emissions limitations or standards
proposed after November 15, 1990 CFR Correction
National Emission Standards for
under section 111 or 112 of the CAA In Title 40 of the Code of Federal
Hazardous Air Pollutants for Source
does not apply. In lieu of the deadlines Regulations, Parts 81 to 84, revised as of
Categories
for submittal in 40 CFR 64.5, you must
July 1, 2014, on page 150, in § 81.305,
CFR Correction submit the monitoring information
in the table entitled ‘‘California—NO2
required by 40 CFR 64.4 to the
In Title 40 of the Code of Federal (2010 1-Hour Standard)’’, for the entry
applicable permitting authority for
Regulations, Part 63 (§ 63.8980 to end of approval by no later than the ‘‘Sacramento County’’, the date in the
part 63), revised as of July 1, 2014, on compliance date for your affected source second column is removed and the
page 244, in § 63.10686, paragraph (e) is for this subpart and operate according to entry in the third column is corrected to
reinstated to read as follows: the approved plan by no later than 180 read ‘‘Unclassifiable/Attainment’’.
wreier-aviles on DSK5TPTVN1PROD with RULES
§ 63.10686 What are the requirements for days after the date of approval by the [FR Doc. 2015–15482 Filed 6–23–15; 8:45 am]
electric arc furnaces and argon-oxygen permitting authority. BILLING CODE 1501–05–D
decarburization vessels?
[FR Doc. 2015–15481 Filed 6–23–15; 8:45 am]
* * * * * BILLING CODE 1505–01–D
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Document Created: 2015-12-15 14:09:01
Document Modified: 2015-12-15 14:09:01
| 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 24, 2015. | |
| Contact | Sherry Fuerst, (214) 665-6454, [email protected] (O<INF>3</INF> and NO<INF>2</INF> SIPs); or, (214) 665-6645, [email protected] (fine particulate matter). | |
| FR Citation | 80 FR 36246 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements |
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