80_FR_41047 80 FR 40913 - Approval and Promulgation of Implementation Plans; New Mexico; Revisions to the Particulate Matter Less Than 2.5 Micrometers (PM2.5

80 FR 40913 - Approval and Promulgation of Implementation Plans; New Mexico; Revisions to the Particulate Matter Less Than 2.5 Micrometers (PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 134 (July 14, 2015)

Page Range40913-40915
FR Document2015-17058

The Environmental Protection Agency (EPA) is approving portions of two revisions to the New Mexico SIP for the permitting of PM<INF>2.5</INF> emissions submitted on May 23, 2011, and August 6, 2014. Together, these submittals revise the New Mexico PSD program to be consistent with the federal PSD regulations regarding the use of a significant impact level (SIL) or significant monitoring concentration (SMC) for PM<INF>2.5</INF> emissions. We are approving these SIP revisions to regulate PM<INF>2.5</INF> emissions in accordance with requirements of section 110 and part C of the Clean Air Act.

Federal Register, Volume 80 Issue 134 (Tuesday, July 14, 2015)
[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40913-40915]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17058]



[[Page 40913]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0626; FRL-9930-27-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Revisions to the Particulate Matter Less Than 2.5 Micrometers 
(PM2.5) Prevention of Significant Deterioration (PSD) 
Permitting Program State Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of two revisions to the New Mexico SIP for the permitting of 
PM2.5 emissions submitted on May 23, 2011, and August 6, 
2014. Together, these submittals revise the New Mexico PSD program to 
be consistent with the federal PSD regulations regarding the use of a 
significant impact level (SIL) or significant monitoring concentration 
(SMC) for PM2.5 emissions. We are approving these SIP 
revisions to regulate PM2.5 emissions in accordance with 
requirements of section 110 and part C of the Clean Air Act.

DATES: This rule is effective on September 14, 2015 without further 
notice, unless the EPA receives adverse comment by August 13, 2015. If 
the EPA receives relevant adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2014-0626, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions.
     Email: Ms. Adina Wiley at [email protected]
     Mail: Ms. Adina Wiley, Air Planning Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Ste. 1200, Dallas, 
TX 75202-2733.
     Hand Delivery: Ms. Adina Wiley, Air Planning Section (6PD-
R), Environmental Protection Agency, 1445 Ross Avenue, Ste. 700, 
Dallas, TX 75202-2733. Such deliveries are only accepted during the 
hours between 8:00 a.m. and 4:00 p.m. weekdays, and not on legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0626. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the 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 the EPA without going through 
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, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. For additional information about the 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. Adina Wiley, 214-665-2115, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Adina Wiley or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means the EPA.

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards. These ambient standards 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. The 
EPA approved SIP regulations and control strategies are federally 
enforceable.

B. Prior Federal Action

    Under Section 165 of the Clean Air Act, PSD permit applications 
must contain air quality monitoring data representing air quality in 
the area affected by the proposed source for the 1-year period 
preceding receipt of the application. In 2010, the EPA promulgated 
regulations for PSD PM2.5 permits which included two 
screening tools: SILs and SMCs. These tools were established to 
determine whether a PSD permit application may be exempted from the 1-
year air monitoring requirement for PM2.5 based on the 
grounds that the increase of the pollutant is de minimis. In response 
to a request from the EPA and a petition, the United States Court of 
Appeals for the District of Columbia Circuit (the Court) vacated and 
remanded to the EPA the portions of the 2010 PSD regulations 
establishing the PM2.5 SILs and SMC.
    In response to the Court's decision, the EPA amended its 
regulations to remove the PM2.5 SILs and SMC provisions. See 
78 FR 73702, December 9, 2013. More detail about this action is 
available in our Technical Support Document, which is available in our 
rulemaking docket.

C. New Mexico's Submittals

    On May 23, 2011, New Mexico submitted revisions to its air 
permitting regulations at 20.2.74 NMAC that reflected the 
PM2.5 SILs and SMC screening tools. On January 22, 2013, the 
EPA approved all of the May 23, 2011 submission except for the portion 
that relates to the screening tools. See 78 FR 4339. On August 6, 2014, 
in accordance with the EPA's changes to the federal regulations, New 
Mexico submitted revisions to 20.2.74 NMAC to remove the 
PM2.5 SILs and SMC which had previously been adopted and 
submitted as a SIP revision. More detail about these actions is 
available in our Technical Support Document, which is available in our 
rulemaking docket.

[[Page 40914]]

II. The EPA's Evaluation

A. Revisions to 20.2.74.303 NMAC, Submitted May 23, 2011, and August 6, 
2014

    The May 23, 2011, submittal added language to paragraph A, 
implementing the ambient air impact analysis exemption for major 
sources or major modifications established by the EPA in the 
PM2.5 PSD Increment--Significant Impact Levels (SILs)--
Significant Monitoring Concentration (SMC) Rule. The August 6, 2014, 
submittal removes the language pertaining to the PM2.5 SIL. 
The May 23, 2011, submittal also replaces the term ``particulate 
matter'' with ``PM10'' in paragraph A.
    The submitted regulations are approvable because they remove the 
PM2.5 SIL consistent with the EPA's December 9, 2013, 
revisions to 40 CFR 51.166(k) and were adopted and submitted in 
accordance with sections 110 and 165 of the Clean Air Act.

B. Revisions to 20.2.74.503 NMAC, Submitted May 23, 2011, and August 6, 
2014

    The May 23, 2011, submittal added a line to TABLE 3--SIGNIFICANT 
MONITORING CONCENTRATIONS, including the pollutant PM2.5, 
its Air Quality Concentration of 4 micrograms per cubic meter and an 
associated 24 hour Averaging Time. The August 6, 2014, submittal 
removes the PM2.5 SMC by changing the PM2.5 Air 
Quality Concentration from 4 micrograms per cubic meter to 0, and 
removes the ``24 hours'' from the PM2.5 Averaging Time 
column. The May 23, 2011, submittal also replaced the term 
``particulate matter'' with ``PM10.''
    The submitted regulations are approvable because they remove the 
PM2.5 SMC consistent with the EPA's December 9, 2013, 
revisions to 40 CFR 51.166(i)(5)(i) and were adopted and submitted in 
accordance with sections 110 and 165 of the Clean Air Act.

III. Final Action

    We are approving revisions to the New Mexico SIP that pertain to 
changes to 20.2.74 NMAC submitted May 23, 2011, and August 6, 2014. 
Specifically, we are approving the revisions to 20.2.74.303 NMAC--
Ambient Impact Requirements, paragraph A and 20.2.74.503 NMAC Table 3--
Significant Monitoring Concentrations. The EPA has made the 
determination that the submitted regulations are approvable because the 
submitted rules were adopted and submitted in accordance with the CAA 
and are consistent with the EPA's regulations regarding PSD permitting 
for PM2.5 emissions.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no 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 relevant adverse 
comments are received. This rule will be effective on September 14, 
2015 without further notice unless we receive relevant adverse comment 
by August 13, 2015. If we receive relevant 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 
relevant 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. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 40 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the New Mexico regulations as described in the Final 
Action section above. We have made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 CAA; 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 rule 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).

[[Page 40915]]

    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 September 14, 2015. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: June 30, 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. Section 52.1620 in paragraph (c), first table, is amended by 
revising the entry ``Part 74, Permits--Prevention of Significant 
Deterioration'' under ``New Mexico Administrative Code (NMAC) Title 
20--Environment Protection Chapter 2--Air Quality'' to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State approval/
         State citation             Title/subject     effective date   EPA Approval date         Comments
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Part 74........................  Permits--Preventio       7/11/2014   7/14/2015 [Insert   Revisions to
                                  n of Significant                     Federal Register    20.2.74.7(AZ)(2)(a)
                                  Deterioration.                       citation].          NMAC submitted 1/8/
                                                                                           2013, effective 2/6/
                                                                                           2913, are NOT part of
                                                                                           SIP.
                                                                                          20.2.74.7(AZ)(2)(a)
                                                                                           NMAC submitted 5/23/
                                                                                           2011, effective 6/3/
                                                                                           2011, remains SIP
                                                                                           approved.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17058 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations                                          40913

                                                  ENVIRONMENTAL PROTECTION                                 comments received will be included in                 Standards. These ambient standards
                                                  AGENCY                                                   the public docket without change and                  currently address six criteria pollutants:
                                                                                                           may be made available online at                       Carbon monoxide, nitrogen dioxide,
                                                  40 CFR Part 52                                           www.regulations.gov, including any                    ozone, lead, particulate matter, and
                                                  [EPA–R06–OAR–2014–0626; FRL–9930–27–                     personal information provided, unless                 sulfur dioxide. Each federally-approved
                                                  Region 6]                                                the comment includes information                      SIP protects air quality primarily by
                                                                                                           claimed to be Confidential Business                   addressing air pollution at its point of
                                                  Approval and Promulgation of                             Information (CBI) or other information                origin through air pollution regulations
                                                  Implementation Plans; New Mexico;                        whose disclosure is restricted by statute.            and control strategies. The EPA
                                                  Revisions to the Particulate Matter                      Do not submit information that you
                                                                                                                                                                 approved SIP regulations and control
                                                  Less Than 2.5 Micrometers (PM2.5)                        consider to be CBI or otherwise
                                                                                                                                                                 strategies are federally enforceable.
                                                  Prevention of Significant Deterioration                  protected through www.regulations.gov
                                                  (PSD) Permitting Program State                           or email. The www.regulations.gov Web                 B. Prior Federal Action
                                                  Implementation Plan (SIP)                                site is an ‘‘anonymous access’’ system,
                                                                                                           which means the EPA will not know                        Under Section 165 of the Clean Air
                                                  AGENCY: Environmental Protection                         your identity or contact information                  Act, PSD permit applications must
                                                  Agency (EPA).                                            unless you provide it in the body of                  contain air quality monitoring data
                                                  ACTION: Direct final rule.                               your comment. If you send an email                    representing air quality in the area
                                                                                                           comment directly to the EPA without                   affected by the proposed source for the
                                                  SUMMARY:    The Environmental Protection
                                                                                                           going through www.regulations.gov,                    1-year period preceding receipt of the
                                                  Agency (EPA) is approving portions of
                                                                                                           your email address will be                            application. In 2010, the EPA
                                                  two revisions to the New Mexico SIP for
                                                                                                           automatically captured and included as                promulgated regulations for PSD PM2.5
                                                  the permitting of PM2.5 emissions                        part of the comment that is placed in the
                                                  submitted on May 23, 2011, and August                                                                          permits which included two screening
                                                                                                           public docket and made available on the               tools: SILs and SMCs. These tools were
                                                  6, 2014. Together, these submittals                      Internet. If you submit an electronic
                                                  revise the New Mexico PSD program to                                                                           established to determine whether a PSD
                                                                                                           comment, the EPA recommends that                      permit application may be exempted
                                                  be consistent with the federal PSD                       you include your name and other
                                                  regulations regarding the use of a                                                                             from the 1-year air monitoring
                                                                                                           contact information in the body of your
                                                  significant impact level (SIL) or                                                                              requirement for PM2.5 based on the
                                                                                                           comment and with any disk or CD–ROM
                                                  significant monitoring concentration                                                                           grounds that the increase of the
                                                                                                           you submit. If the EPA cannot read your
                                                  (SMC) for PM2.5 emissions. We are                                                                              pollutant is de minimis. In response to
                                                                                                           comment due to technical difficulties
                                                  approving these SIP revisions to                         and cannot contact you for clarification,             a request from the EPA and a petition,
                                                  regulate PM2.5 emissions in accordance                   the EPA may not be able to consider                   the United States Court of Appeals for
                                                  with requirements of section 110 and                     your comment. Electronic files should                 the District of Columbia Circuit (the
                                                  part C of the Clean Air Act.                             avoid the use of special characters, any              Court) vacated and remanded to the
                                                  DATES: This rule is effective on                         form of encryption, and be free of any                EPA the portions of the 2010 PSD
                                                  September 14, 2015 without further                       defects or viruses. For additional                    regulations establishing the PM2.5 SILs
                                                  notice, unless the EPA receives adverse                  information about the EPA’s public                    and SMC.
                                                  comment by August 13, 2015. If the EPA                   docket visit the EPA Docket Center                       In response to the Court’s decision,
                                                  receives relevant adverse comment, we                    homepage at http://www.epa.gov/                       the EPA amended its regulations to
                                                  will publish a timely withdrawal in the                  epahome/dockets.htm.                                  remove the PM2.5 SILs and SMC
                                                  Federal Register informing the public                       Docket: The index to the docket for
                                                  that the rule will not take effect.                                                                            provisions. See 78 FR 73702, December
                                                                                                           this action is available electronically at            9, 2013. More detail about this action is
                                                  ADDRESSES: Submit your comments,                         www.regulations.gov and in hard copy                  available in our Technical Support
                                                  identified by Docket ID No. EPA–R06–                     at EPA Region 6, 1445 Ross Avenue,
                                                  OAR–2014–0626, by one of the                                                                                   Document, which is available in our
                                                                                                           Suite 700, Dallas, Texas. While all
                                                  following methods:                                                                                             rulemaking docket.
                                                                                                           documents in the docket are listed in
                                                     • www.regulations.gov: Follow the                     the index, some information may be                    C. New Mexico’s Submittals
                                                  on-line instructions.                                    publicly available only at the hard copy
                                                     • Email: Ms. Adina Wiley at                           location (e.g., copyrighted material), and              On May 23, 2011, New Mexico
                                                  wiley.adina@epa.gov                                      some may not be publicly available at                 submitted revisions to its air permitting
                                                     • Mail: Ms. Adina Wiley, Air                          either location (e.g., CBI).                          regulations at 20.2.74 NMAC that
                                                  Planning Section (6PD–R),                                                                                      reflected the PM2.5 SILs and SMC
                                                                                                           FOR FURTHER INFORMATION CONTACT: Ms.
                                                  Environmental Protection Agency, 1445                                                                          screening tools. On January 22, 2013,
                                                                                                           Adina Wiley, 214–665–2115,
                                                  Ross Avenue, Ste. 1200, Dallas, TX                                                                             the EPA approved all of the May 23,
                                                                                                           wiley.adina@epa.gov. To inspect the
                                                  75202–2733.                                                                                                    2011 submission except for the portion
                                                                                                           hard copy materials, please schedule an
                                                     • Hand Delivery: Ms. Adina Wiley,
                                                                                                           appointment with Adina Wiley or Mr.                   that relates to the screening tools. See 78
                                                  Air Planning Section (6PD–R),
                                                                                                           Bill Deese at 214–665–7253.                           FR 4339. On August 6, 2014, in
                                                  Environmental Protection Agency, 1445
                                                  Ross Avenue, Ste. 700, Dallas, TX                        SUPPLEMENTARY INFORMATION:                            accordance with the EPA’s changes to
                                                  75202–2733. Such deliveries are only                     Throughout this document, ‘‘we,’’ ‘‘us,’’             the federal regulations, New Mexico
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  accepted during the hours between 8:00                   and ‘‘our’’ means the EPA.                            submitted revisions to 20.2.74 NMAC to
                                                  a.m. and 4:00 p.m. weekdays, and not                     I. Background                                         remove the PM2.5 SILs and SMC which
                                                  on legal holidays. Special arrangements                                                                        had previously been adopted and
                                                  should be made for deliveries of boxed                   A. CAA and SIPs                                       submitted as a SIP revision. More detail
                                                  information.                                               Section 110 of the CAA requires states              about these actions is available in our
                                                     Instructions: Direct your comments to                 to develop and submit to the EPA a SIP                Technical Support Document, which is
                                                  Docket ID No. EPA–R06–OAR–2014–                          to ensure that state air quality meets                available in our rulemaking docket.
                                                  0626. The EPA’s policy is that all                       National Ambient Air Quality


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                                                  40914               Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations

                                                  II. The EPA’s Evaluation                                   The EPA is publishing this rule                        • Does not impose an information
                                                                                                           without prior proposal because we view                collection burden under the provisions
                                                  A. Revisions to 20.2.74.303 NMAC,
                                                                                                           this as a non-controversial amendment                 of the Paperwork Reduction Act (44
                                                  Submitted May 23, 2011, and August 6,
                                                                                                           and anticipate no adverse comments.                   U.S.C. 3501 et seq.);
                                                  2014                                                                                                              • Is certified as not having a
                                                                                                           However, in the proposed rules section
                                                    The May 23, 2011, submittal added                      of this Federal Register publication, we              significant economic impact on a
                                                  language to paragraph A, implementing                    are publishing a separate document that               substantial number of small entities
                                                  the ambient air impact analysis                          will serve as the proposal to approve the             under the Regulatory Flexibility Act (5
                                                  exemption for major sources or major                     SIP revision if relevant adverse                      U.S.C. 601 et seq.);
                                                  modifications established by the EPA in                  comments are received. This rule will                    • Does not contain any unfunded
                                                  the PM2.5 PSD Increment—Significant                      be effective on September 14, 2015                    mandate or significantly or uniquely
                                                  Impact Levels (SILs)—Significant                         without further notice unless we receive              affect small governments, as described
                                                  Monitoring Concentration (SMC) Rule.                     relevant adverse comment by August 13,                in the Unfunded Mandates Reform Act
                                                  The August 6, 2014, submittal removes                    2015. If we receive relevant adverse                  of 1995 (Pub. L. 104–4);
                                                  the language pertaining to the PM2.5 SIL.                comments, we will publish a timely                       • Does not have Federalism
                                                  The May 23, 2011, submittal also                         withdrawal in the Federal Register                    implications as specified in Executive
                                                  replaces the term ‘‘particulate matter’’                 informing the public that the rule will               Order 13132 (64 FR 43255, August 10,
                                                  with ‘‘PM10’’ in paragraph A.                            not take effect. We will address all                  1999);
                                                    The submitted regulations are                          public comments in a subsequent final                    • Is not an economically significant
                                                  approvable because they remove the                       rule based on the proposed rule. We                   regulatory action based on health or
                                                  PM2.5 SIL consistent with the EPA’s                      will not institute a second comment                   safety risks subject to Executive Order
                                                  December 9, 2013, revisions to 40 CFR                    period on this action. Any parties                    13045 (62 FR 19885, April 23, 1997);
                                                  51.166(k) and were adopted and                           interested in commenting must do so                      • Is not a significant regulatory action
                                                  submitted in accordance with sections                    now. Please note that if we receive                   subject to Executive Order 13211 (66 FR
                                                  110 and 165 of the Clean Air Act.                        relevant adverse comment on an                        28355, May 22, 2001);
                                                                                                           amendment, paragraph, or section of                      • Is not subject to requirements of
                                                  B. Revisions to 20.2.74.503 NMAC,                                                                              section 12(d) of the National
                                                  Submitted May 23, 2011, and August 6,                    this rule and if that provision may be
                                                                                                           severed from the remainder of the rule,               Technology Transfer and Advancement
                                                  2014                                                                                                           Act of 1995 (15 U.S.C. 272 note) because
                                                                                                           we may adopt as final those provisions
                                                     The May 23, 2011, submittal added a                   of the rule that are not the subject of an            application of those requirements would
                                                  line to TABLE 3—SIGNIFICANT                              adverse comment.                                      be inconsistent with the CAA; and
                                                  MONITORING CONCENTRATIONS,                                                                                        • Does not provide EPA with the
                                                  including the pollutant PM2.5, its Air                   IV. Incorporation by Reference                        discretionary authority to address, as
                                                  Quality Concentration of 4 micrograms                      In this rule, we are finalizing                     appropriate, disproportionate human
                                                  per cubic meter and an associated 24                     regulatory text that includes                         health or environmental effects, using
                                                  hour Averaging Time. The August 6,                       incorporation by reference. In                        practicable and legally permissible
                                                  2014, submittal removes the PM2.5 SMC                    accordance with the requirements of 40                methods, under Executive Order 12898
                                                  by changing the PM2.5 Air Quality                        CFR 51.5, we are finalizing the                       (59 FR 7629, February 16, 1994).
                                                  Concentration from 4 micrograms per                      incorporation by reference of the                     In addition, the SIP is not approved to
                                                  cubic meter to 0, and removes the ‘‘24                   revisions to the New Mexico regulations               apply on any Indian reservation land or
                                                  hours’’ from the PM2.5 Averaging Time                    as described in the Final Action section              in any other area where EPA or an
                                                  column. The May 23, 2011, submittal                      above. We have made, and will continue                Indian tribe has demonstrated that a
                                                  also replaced the term ‘‘particulate                     to make, these documents generally                    tribe has jurisdiction. In those areas of
                                                  matter’’ with ‘‘PM10.’’                                  available electronically through                      Indian country, the rule does not have
                                                     The submitted regulations are                         www.regulations.gov and/or in hard                    tribal implications and will not impose
                                                  approvable because they remove the                       copy at the EPA Region 6 office.                      substantial direct costs on tribal
                                                  PM2.5 SMC consistent with the EPA’s                                                                            governments or preempt tribal law as
                                                  December 9, 2013, revisions to 40 CFR                    V. Statutory and Executive Order                      specified by Executive Order 13175 (65
                                                  51.166(i)(5)(i) and were adopted and                     Reviews                                               FR 67249, November 9, 2000).
                                                  submitted in accordance with sections                      Under the CAA, the Administrator is                    The Congressional Review Act, 5
                                                  110 and 165 of the Clean Air Act.                        required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                                                                                           that complies with the provisions of the              Business Regulatory Enforcement
                                                  III. Final Action                                        Act and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                                     We are approving revisions to the                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                                  New Mexico SIP that pertain to changes                   Thus, in reviewing SIP submissions, the               agency promulgating the rule must
                                                  to 20.2.74 NMAC submitted May 23,                        EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                  2011, and August 6, 2014. Specifically,                  provided that they meet the criteria of               copy of the rule, to each House of the
                                                  we are approving the revisions to                        the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                  20.2.74.303 NMAC—Ambient Impact                          merely approves state law as meeting                  of the United States. EPA will submit a
                                                  Requirements, paragraph A and                            Federal requirements and does not                     report containing this rule and other
                                                  20.2.74.503 NMAC Table 3—Significant                     impose additional requirements beyond                 required information to the U.S. Senate,
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                                                  Monitoring Concentrations. The EPA                       those imposed by state law. For that                  the U.S. House of Representatives, and
                                                  has made the determination that the                      reason, this action:                                  the Comptroller General of the United
                                                  submitted regulations are approvable                       • Is not a ‘‘significant regulatory                 States prior to publication of the rule in
                                                  because the submitted rules were                         action’’ subject to review by the Office              the Federal Register. A major rule
                                                  adopted and submitted in accordance                      of Management and Budget under                        cannot take effect until 60 days after it
                                                  with the CAA and are consistent with                     Executive Orders 12866 (58 FR 51735,                  is published in the Federal Register.
                                                  the EPA’s regulations regarding PSD                      October 4, 1993) and 13563 (76 FR 3821,               This action is not a ‘‘major rule’’ as
                                                  permitting for PM2.5 emissions.                          January 21, 2011);                                    defined by 5 U.S.C. 804(2).


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                                                                           Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations                                                                 40915

                                                     Under section 307(b)(1) of the CAA,                              List of Subjects in 40 CFR Part 52                                Authority: 42 U.S.C. 7401 et seq.
                                                  petitions for judicial review of this                                 Environmental protection, Air
                                                  action must be filed in the United States                                                                                         Subpart GG—New Mexico
                                                                                                                      pollution control, Incorporation by
                                                  Court of Appeals for the appropriate                                reference, Particulate matter, Reporting
                                                  circuit by September 14, 2015. Filing a                             and recordkeeping requirements.                               ■  2. Section 52.1620 in paragraph (c),
                                                  petition for reconsideration by the                                                                                               first table, is amended by revising the
                                                                                                                        Dated: June 30, 2015.
                                                  Administrator of this final rule does not                                                                                         entry ‘‘Part 74, Permits—Prevention of
                                                                                                                      Ron Curry,                                                    Significant Deterioration’’ under ‘‘New
                                                  affect the finality of this rule for the                            Regional Administrator, Region 6.
                                                  purposes of judicial review nor does it                                                                                           Mexico Administrative Code (NMAC)
                                                  extend the time within which a petition                                  40 CFR part 52 is amended as follows:                    Title 20—Environment Protection
                                                  for judicial review may be filed, and                                                                                             Chapter 2—Air Quality’’ to read as
                                                                                                                      PART 52—APPROVAL AND                                          follows:
                                                  shall not postpone the effectiveness of                             PROMULGATION OF
                                                  such rule or action. This action may not                            IMPLEMENTATION PLANS                                          § 52.1620    Identification of plan.
                                                  be challenged later in proceedings to
                                                  enforce its requirements. (See section                              ■ 1. The authority citation for Part 52                       *       *    *        *   *
                                                  307(b)(2).)                                                         continues to read as follows:                                     (c) * * *

                                                                                                                    EPA APPROVED NEW MEXICO REGULATIONS
                                                                                                                                    State
                                                          State citation                            Title/subject                 approval/               EPA Approval date                              Comments
                                                                                                                                effective date

                                                                             New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality


                                                            *                                  *                     *                             *                     *                         *                    *
                                                  Part 74 ...........................       Permits—Prevention of                 7/11/2014       7/14/2015 [Insert Fed-           Revisions to 20.2.74.7(AZ)(2)(a) NMAC sub-
                                                                                              Significant Deteriora-                                 eral Register cita-             mitted 1/8/2013, effective 2/6/2913, are NOT
                                                                                              tion.                                                  tion].                          part of SIP.
                                                                                                                                                                                   20.2.74.7(AZ)(2)(a) NMAC submitted 5/23/
                                                                                                                                                                                     2011, effective 6/3/2011, remains SIP ap-
                                                                                                                                                                                     proved.

                                                               *                               *                           *                          *                        *                     *                      *



                                                  *       *        *        *           *                             DATES:  This rule is effective on                             www.regulations.gov or email.
                                                  [FR Doc. 2015–17058 Filed 7–13–15; 8:45 am]                         September 14, 2015 without further                            www.regulations.gov is an ‘‘anonymous
                                                  BILLING CODE 6560–50–P                                              notice, unless EPA receives adverse                           access’’ system, and EPA will not know
                                                                                                                      comments by August 13, 2015. If we                            your identity or contact information
                                                                                                                      receive such comments, we will publish                        unless you provide it in the body of
                                                  ENVIRONMENTAL PROTECTION                                            a timely withdrawal in the Federal                            your comment. If you send email
                                                  AGENCY                                                              Register to notify the public that this                       directly to EPA, your email address will
                                                                                                                      direct final rule will not take effect.                       be automatically captured and included
                                                  40 CFR Part 52                                                                                                                    as part of the public comment. If EPA
                                                                                                                      ADDRESSES: Submit comments,
                                                                                                                      identified by docket number [EPA–R09–                         cannot read your comment due to
                                                  [EPA–R09–OAR–2015–0345; FRL–9929–58–                                OAR–2015–0345, by one of the                                  technical difficulties and cannot contact
                                                  Region 9]                                                                                                                         you for clarification, EPA may not be
                                                                                                                      following methods:
                                                                                                                         1. Federal eRulemaking Portal:                             able to consider your comment.
                                                  Revisions to the California State
                                                  Implementation Plan, South Coast Air                                www.regulations.gov. Follow the on-line                       Electronic files should avoid the use of
                                                  Quality Management District                                         instructions.                                                 special characters, any form of
                                                                                                                         2. Email: steckel.andrew@epa.gov.                          encryption, and be free of any defects or
                                                  AGENCY: Environmental Protection                                       3. Mail or deliver: Andrew Steckel                         viruses.
                                                  Agency (EPA).                                                       (Air–4), U.S. Environmental Protection                           Docket: Generally, documents in the
                                                  ACTION: Direct final rule.                                          Agency Region IX, 75 Hawthorne Street,                        docket for this action are available
                                                                                                                      San Francisco, CA 94105–3901.                                 electronically at www.regulations.gov
                                                  SUMMARY:   The Environmental Protection                                Instructions: All comments will be                         and in hard copy at EPA Region IX, 75
                                                  Agency (EPA) is taking direct final                                 included in the public docket without                         Hawthorne Street, San Francisco,
                                                  action to approve a revision to the South                           change and may be made available                              California 94105–3901. While all
                                                  Coast Air Quality Management District                               online at www.regulations.gov,                                documents in the docket are listed at
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                                                  (SCAQMD) portion of the California                                  including any personal information                            www.regulations.gov, some information
                                                  State Implementation Plan (SIP). This                               provided, unless the comment includes                         may be publicly available only at the
                                                  revision concerns volatile organic                                  Confidential Business Information (CBI)                       hard copy location (e.g., copyrighted
                                                  compound (VOC) emissions from                                       or other information whose disclosure is                      material, large maps), and some may not
                                                  graphic arts facilities. We are approving                           restricted by statute. Information that                       be publicly available in either location
                                                  a local rule that regulates these emission                          you consider CBI or otherwise protected                       (e.g., CBI). To inspect the hard copy
                                                  sources under the Clean Air Act (CAA                                should be clearly identified as such and                      materials, please schedule an
                                                  or the Act).                                                        should not be submitted through                               appointment during normal business


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Document Created: 2018-02-23 09:19:50
Document Modified: 2018-02-23 09:19:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on September 14, 2015 without further notice, unless the EPA receives adverse comment by August 13, 2015. If the EPA receives relevant adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
ContactMs. Adina Wiley, 214-665-2115, [email protected] To inspect the hard copy materials, please schedule an appointment with Adina Wiley or Mr. Bill Deese at 214-665- 7253.
FR Citation80 FR 40913 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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