80 FR 43964 - Approval and Promulgation of Implementation Plans; New Mexico; Electronic Reporting Consistent With the Cross Media Electronic Reporting Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 142 (July 24, 2015)
Federal Register Volume 80, Issue 142 (July 24, 2015)
| Page Range | 43964-43966 | |
| FR Document | 2015-18098 |
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)] [Rules and Regulations] [Pages 43964-43966] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18098] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0172; FRL-9931-09-Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Electronic Reporting Consistent With the Cross Media Electronic Reporting Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Mexico. The revision pertains primarily to electronic reporting and would require electronic reporting of documents submitted for compliance with Clean Air Act (CAA) requirements. The revision also includes other changes which are non-substantive and primarily address updates to New Mexico Environment Department's (NMED) document viewing locations. DATES: This rule is effective on September 22, 2015 without further notice, unless EPA receives relevant adverse comment by August 24, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2015-0172, by one of the following methods:www.regulations.gov: Follow the on-line instructions. Email: [email protected]. Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Instructions: Direct your comments to Docket ID No. EPA-R06-OAR- 2015-0172. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through http://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD-ROM submitted. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information [[Page 43965]] about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Ms. Sherry Fuerst, 214-665-6454, [email protected]. To inspect the hard copy materials, please schedule an appointment with Ms. Fuerst or Mr. Bill Deese at 214-665- 7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background On February 2, 2015, the Secretary of the NMED submitted rules for inclusion into the SIP which amended regulations to include authorizing and requiring the electronic submittal of data, reports and permit applications in lieu of paper submittals. The revision to the SIP would incorporate amendments to rule 20.2.1 of the New Mexico Administrative Code (NMAC)--General Provisions. The amendments provide that, after proper notification is given, submittals to NMED required under 20 NMAC Chapter 2 (Air Quality) must be electronic, unless a waiver is granted (20.2.1.117NMAC). Additionally, the revision amends 20 NMAC Chapter 2, Part 1 to make non-substantive changes which primarily address updates to NMED document viewing locations. II. EPA's Evaluation Our regulations assert that States that wish to receive electronic documents must revise the SIP to satisfy the requirements of 40 CFR part 3 (Electronic reporting) (40 CFR 51.286). EPA has evaluated the State's submittal allowing electronic reporting and has determined that it meets the applicable requirements of the EPA air quality regulations because it is consistent with EPA's requirements for electronic reporting. Section 110(l) of the Federal CAA states that each revision to an implementation plan submitted by a State under this chapter shall be adopted by such State after reasonable notice and public hearing. Additionally, we may not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. In its submittal, NMED provided documentation that reasonable notice and a public hearing were provided. As the revision allows for the electronic reporting of information and does not alter the substance of the state monitoring submittals, it will not interfere with any applicable requirement of the CAA. III. Final Action We are approving revisions to the New Mexico SIP that pertain to electronic reporting, 20.2.1.117 A and B, as proposed in the SIP revision proposal package submitted by the Secretary of NMED on February 2, 2015. We are also approving the amendments that were proposed to correct typographical errors and to standardize formatting of rule language. 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 22, 2015 without further notice unless we receive relevant adverse comment by August 24, 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 1 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, 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) 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 [[Page 43966]] 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). 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 22, 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, Reporting and recordkeeping requirements. Dated: July 10, 2015. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart GG--New Mexico 0 2. In Sec. 52.1620(c), the table titled ``EPA Approved New Mexico Regulations'' is amended by revising the entry for ``Part 1'' 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 EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality ---------------------------------------------------------------------------------------------------------------- Part 1......................... General Provisions..... 1/23/2015 7/24/2015 [Insert ................... Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-18098 Filed 7-23-15; 8:45 am] BILLING CODE 6560-50-P
![43964 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations
■ 3. In § 52.385, Table 52.385 is 22a–174–2a, and 22a–174–3a to read as § 52.385 EPA-approved Connecticut
amended by adding new entries to follows: regulations.
existing state citations for 22a–174–1, * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut Federal Register Section
State Title/subject Comments/description
Date adopted Date approved citation 52.370
citation by State by EPA
* * * * * * *
22a–174–1 ..... Definitions .......... 9/10/2012 7/24/2015 [Insert Federal (c)(108) Modified definition of ‘‘major source
Register cita- baseline date’’ for purposes of
tion]. adding PM2.5.
* * * * * * *
22a–174–2a ... Procedural Re- 9/10/2012 7/24/2015 [Insert Federal (c)(107) Only sections 22a–174–2a(b)(5)(E)
quirements for Register cita- and (b)(6) are being approved.
New Source tion].
Review and
Title V Permit-
ting.
* * * * * * *
22a–174–3a ... Permit to Con- 9/10/2012 7/24/2015 [Insert Federal (c)(108) Added Ambient Impact values for
struct and Op- Register cita- PM2.5 in Table 3a(i)–1, Signifi-
erate Sta- tion]. cant Emission Rate Thresholds
tionary Sources. for PM2.5 emissions and its pre-
cursors in Table 3a(k)–1, PM2.5
increment added to Table 3a(k)–
2, and PM2.5 added to section
22a–174–3a(l)(4)(B)(iv). Revised
section 22a–174–3a(l)(1).
* * * * * * *
[FR Doc. 2015–17664 Filed 7–23–15; 8:45 am] Mexico Environment Department’s Information (CBI) or other information
BILLING CODE 6560–50–P (NMED) document viewing locations. the disclosure of which is restricted by
DATES: This rule is effective on statute. Do not submit information
September 22, 2015 without further through http://www.regulations.gov or
ENVIRONMENTAL PROTECTION notice, unless EPA receives relevant email, if you believe that it is CBI or
AGENCY adverse comment by August 24, 2015. If otherwise protected from disclosure.
EPA receives such comment, EPA will The http://www.regulations.gov Web
40 CFR Part 52 site is an ‘‘anonymous access’’ system,
publish a timely withdrawal in the
[EPA–R06–OAR–2015–0172; FRL–9931–09– Federal Register informing the public which means that EPA will not know
Region 6] that this rule will not take effect. your identity or contact information
ADDRESSES: Submit your comments, unless you provide it in the body of
Approval and Promulgation of identified by Docket No. EPA–R06– your comment. If you send an email
Implementation Plans; New Mexico; OAR–2015–0172, by one of the comment directly to EPA without going
Electronic Reporting Consistent With following methods: through http://www.regulations.gov,
the Cross Media Electronic Reporting • www.regulations.gov: Follow the your email address will be
Rule on-line instructions. automatically captured and included as
AGENCY: Environmental Protection • Email: fuerst.sherry@epa.gov. part of the comment that is placed in the
Agency (EPA). • Mail or delivery: Mr. Guy public docket and made available on the
Donaldson, Chief, Air Planning Section Internet. If you submit an electronic
ACTION: Direct final rule.
(6PD–L), Environmental Protection comment, EPA recommends that you
SUMMARY: The Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, include your name and other contact
Agency (EPA) is approving a State Dallas, Texas 75202–2733. information in the body of your
Implementation Plan (SIP) revision Instructions: Direct your comments to comment along with any disk or CD–
submitted by the State of New Mexico. Docket ID No. EPA–R06–OAR–2015– ROM submitted. If EPA cannot read
The revision pertains primarily to 0172. EPA’s policy is that all comments your comment due to technical
electronic reporting and would require received will be included in the public difficulties and cannot contact you for
rmajette on DSK2VPTVN1PROD with RULES
electronic reporting of documents docket without change and may be clarification, EPA may not be able to
submitted for compliance with Clean made available online at http:// consider your comment. Electronic files
Air Act (CAA) requirements. The www.regulations.gov, including any should avoid the use of special
revision also includes other changes personal information provided, unless characters and any form of encryption
which are non-substantive and the comment includes information and should be free of any defects or
primarily address updates to New claimed to be Confidential Business viruses. For additional information
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![43966 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations
tribal implications and will not impose Under section 307(b)(1) of the CAA, Dated: July 10, 2015.
substantial direct costs on tribal petitions for judicial review of this Ron Curry,
governments or preempt tribal law as action must be filed in the United States Regional Administrator, Region 6.
specified by Executive Order 13175 (65 Court of Appeals for the appropriate 40 CFR part 52 is amended as follows:
FR 67249, November 9, 2000). circuit by September 22, 2015. Filing a
The Congressional Review Act, 5 petition for reconsideration by the PART 52—APPROVAL AND
U.S.C. 801 et seq., as added by the Small Administrator of this final rule does not PROMULGATION OF
Business Regulatory Enforcement affect the finality of this rule for the IMPLEMENTATION PLANS
Fairness Act of 1996, generally provides purposes of judicial review nor does it
that before a rule may take effect, the extend the time within which a petition ■ 1. The authority citation for part 52
agency promulgating the rule must for judicial review may be filed, and continues to read as follows:
submit a rule report, which includes a shall not postpone the effectiveness of Authority: 42 U.S.C. 7401 et seq.
copy of the rule, to each House of the such rule or action. This action may not
Congress and to the Comptroller General be challenged later in proceedings to Subpart GG—New Mexico
of the United States. EPA will submit a enforce its requirements. (See section ■ 2. In § 52.1620(c), the table titled
report containing this rule and other 307(b)(2).) ‘‘EPA Approved New Mexico
required information to the U.S. Senate, Regulations’’ is amended by revising the
List of Subjects in 40 CFR Part 52
the U.S. House of Representatives, and entry for ‘‘Part 1’’ under ‘‘New Mexico
the Comptroller General of the United Environmental protection, Air Administrative Code (NMAC) Title 20—
States prior to publication of the rule in pollution control, Incorporation by Environment Protection, Chapter 2—Air
the Federal Register. A major rule reference, Reporting and recordkeeping Quality’’ to read as follows:
cannot take effect until 60 days after it requirements.
is published in the Federal Register. § 52.1620 Identification of plan.
This action is not a ‘‘major rule’’ as * * * * *
defined by 5 U.S.C. 804(2). (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 1 ................................ General Provisions ..................................................... 1/23/2015 7/24/2015 [Insert Federal
Register citation].
* * * * * * *
* * * * * DATES: This final rule is effective August the Instruction provided that in the
[FR Doc. 2015–18098 Filed 7–23–15; 8:45 am] 24, 2015. absence of a waiver granted by the
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
Corporation, a recipient must repay to
Stefanie K. Davis, Assistant General LSC any funds retained at the end of the
Counsel, Legal Services Corporation, fiscal year in excess of 10% of its total
3333 K Street NW., Washington, DC annual LSC support. Id. The Instruction
LEGAL SERVICES CORPORATION also prohibited a recipient from ever
20007; (202) 295–1563 (phone), (202)
337–6519 (fax), or sdavis@lsc.gov. retaining a fund balance in excess of
45 CFR Part 1628 25% of its annual support, thereby
SUPPLEMENTARY INFORMATION: limiting the Corporation’s waiver
Recipient Fund Balances granting authority to fund balance
I. Regulatory Background
amounts of 25% or less of a recipient’s
AGENCY: Legal Services Corporation. LSC issued its first instruction on annual LSC support. Id.
ACTION: Final rule. recipient fund balances in 1983 to In 1984, LSC substantially adopted
implement what is now the the Instruction in a regulation published
SUMMARY: This final rule revises the Corporation’s longstanding objective of at 45 CFR part 1628. 49 FR 21331, May
Legal Services Corporation (LSC or ensuring the timely expenditure of LSC 21, 1984. Part 1628 remained
Corporation) regulation on recipient funds for the effective and economical unchanged until 2000, when LSC
fund balances to give the Corporation provision of high quality legal promulgated revisions in response to
more discretion to grant a recipient’s assistance to eligible clients. 48 FR 560, public comments and staff advice that
request for a waiver to retain a fund 561, Jan. 5, 1983. Later that year, LSC the rule was ‘‘more strict’’ than the fund
balance in excess of 25% of its annual published a redrafted version titled balance requirements of most federal
rmajette on DSK2VPTVN1PROD with RULES
LSC support. This final rule also Instruction 83–4, Recipient Fund agencies. 65 FR 66637, 66638, Nov. 7,
provides that recipients facing a fund Balances (‘‘Instruction’’). 48 FR 49710, 2000. The revised rule provided the
balance in excess of 25% of their annual 49711, Oct. 27, 1983. The Instruction Corporation with more discretion to
LSC support may submit a waiver limited recipients’ ability to carry over grant a recipient’s request for a waiver
request prior to submitting their annual LSC funds that remained unused at the to retain a fund balance of up to 25%
audited financial statements. end of the fiscal year. Id. Specifically, of its annual LSC support. Id. at 66637.
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Document Created: 2018-02-23 09:24:47
Document Modified: 2018-02-23 09:24:47
| 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 | Direct final rule. | |
| Dates | This rule is effective on September 22, 2015 without further notice, unless EPA receives relevant adverse comment by August 24, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. | |
| Contact | Ms. Sherry Fuerst, 214-665-6454, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Fuerst or Mr. Bill Deese at 214-665- 7253. | |
| FR Citation | 80 FR 43964 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Reporting and Recordkeeping Requirements |
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