Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Prevention of Significant Deterioration and New Source Review, 50879-50882 [E7-17514]
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Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Rules and Regulations
Environment
We have analyzed this temporary rule
under Commandant Instruction
M16475.1D, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore,
under figure 2–1, paragraph (34)(g) of
the Commandant Instruction
M16475.1D, this temporary rule is
categorically excluded from further
environmental documentation because
this rule creates a security zone. An
‘‘Environmental Analysis Check List’’
and ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reports and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
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*
*
*
*
1. Add temporary § 165.T14–160 to
read as follows:
I
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§ 165.T14–160 Security Zone; Nawiliwili
Harbor, Kauai, HI.
(a) Location. The following land areas,
and water areas from the surface of the
water to the ocean floor, is a security
zone that is activated as described in
paragraph (b) of this section, and
enforced subject to the provisions of
paragraph (c) of this section: All waters
of Nawiliwili Harbor, Kauai, shoreward
of the Nawiliwili Harbor COLREGS
DEMARCATION LINE (See 33 CFR
80.1450), excluding the waters west of
a line running from the southeastern
most point of the breakwater of
Nawiliwili Small Boat Harbor due south
to the south shore of the harbor, and
excluding the waters from Kalapaki
Beach south to a line extending from the
western most point of Kukii Point due
west to the Harbor Jetty. The land of the
Jetty south of Nawiliwili Park including
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Waapa Road is included within the
security zone.
(b) Activation. The zone described in
paragraph (a) of this section will be
activated for enforcement 60 minutes
before the Hawaii Super Ferry’s arrival
into the zone and remain activated for
10 minutes after the Hawaii Super
Ferry’s departure from the zone. The
activation of the zone for enforcement
will be announced by marine
information broadcast, and by a red flag,
illuminated between sunset and sunrise,
displayed from the Pier One and the
Harbor Facility Entrance on Jetty Road.
(c) Regulations. (1) Under 33 CFR
165.33, entry by persons or vessels into
the security zones created by this
section and activated as described in
paragraph (b) of this section is
prohibited unless authorized by the
Coast Guard Captain of the Port,
Honolulu or his or her designated
representatives. Operation of any type of
vessel, including every description of
watercraft or other artificial contrivance
used, or capable of being used, as a
means of transportation on water,
within the security zone is prohibited.
Under authority of 50 U.S.C. 192, if a
vessel is found to be operating within
the security zone without permission of
the Captain of the Port, Honolulu, and
refuses to leave, the vessel is subject to
seizure and forfeiture.
(2) All persons and vessels permitted
in the security zone must comply with
the instructions of the Coast Guard
Captain of the Port or the designated onscene-patrol personnel. These personnel
comprise commissioned, warrant, and
petty officers of the Coast Guard and
other persons permitted by law to
enforce this regulation. Upon being
hailed by an authorized vessel or law
enforcement officer using siren, radio,
flashing light, loudhailer, voice
command, or other means, the operator
of a vessel must proceed as directed.
(3) If authorized passage through the
security zone, a vessel must operate at
the minimum speed necessary to
maintain a safe course and must
proceed as directed by the Captain of
the Port or his or her designated
representatives. While underway with
permission of the Captain of the Port or
his or her designated representatives, no
person or vessel is allowed within 100
yards of a the Hawaii Super Ferry when
it is underway, moored, positionkeeping, or at anchor, unless authorized
by the Captain of the Port or his or her
designated representatives.
(4) When conditions permit, the
Captain of the Port, or his or her
designated representatives, may permit
vessels that are at anchor, restricted in
their ability to maneuver, or constrained
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50879
by draft to remain within the security
zone in order to ensure navigational
safety.
(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other person permitted by law,
may enforce the regulations in this
section.
Dated: August 31, 2007.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fourteenth Coast Guard District.
[FR Doc. 07–4357 Filed 8–31–07; 2:16 pm]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–NM–0006; FRL–
8463–3]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Prevention of Significant
Deterioration and New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving
revisions to the New Mexico State
Implementation Plan (SIP) that were
submitted to EPA on April 11, 2002, and
December 29, 2005. The revisions
modify New Mexico’s Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations in the SIP to address
changes to the Federal PSD and NNSR
regulations which were promulgated by
EPA on December 31, 2002 and
reconsidered with minor changes on
November 7, 2003 (collectively, these
two Federal actions are called the ‘‘2002
New Source Review (NSR) Reform
Rules’’). The revisions include
provisions for baseline emissions
calculations, an actual-to-projectedactual methodology for calculating
emissions changes, options for
plantwide applicability limits (PALs),
and recordkeeping and reporting
requirements. EPA is approving these
revisions pursuant to section 110, part
C, and part D of the Federal Clean Air
Act (Act).
DATES: This rule is effective on October
5, 2007.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R06–OAR–2005–NM–
0006. All documents in the docket are
listed on the https://www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
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available, e.g., Confidential Business
information or other information the
disclosure of which 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
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act Review Room between
the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Contact the person listed in the FOR
FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection during official
business hours by appointment at the
New Mexico Environment Department,
Air Quality Bureau, 1190 St. Francis
Drive, Santa Fe, New Mexico 87502.
FOR FURTHER INFORMATION CONTACT: Mr.
Stanley M. Spruiell, Air Permits Section
(6PD–R), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7212; fax number
(214) 665–7263; e-mail address
spruiell.stanley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, any
reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ shall
mean EPA.
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Outline
I. What Action Is EPA Taking?
II. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
The EPA is taking final action to
approve the SIP revisions that the
Governor of New Mexico submitted on
December 29, 2005. This submittal
consists of revisions to two regulations
that are already part of the New Mexico
SIP. The affected regulations are 20.2.74
New Mexico Administrative Code
(NMAC) (Permits—Prevention of
Significant Deterioration) and 20.2.79
NMAC (Permits—Nonattainment Areas).
The revisions will update New Mexico’s
PSD and NNSR regulations to make
them consistent with changes to the
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Federal NSR regulations published on
December 31, 2002 (67 FR 80186) and
November 7, 2003 (68 FR 63021). These
EPA rulemakings are collectively
referred to as the ‘‘2002 NSR Reform
Rules.’’ EPA finds that the changes meet
section 110, part C, and part D of the
Act.
This SIP revision also includes other
non-substantive changes to New
Mexico’s PSD and NNSR rules needed
to update the regulatory citations, make
clarifying revisions to the regulatory
text, and correct typographical errors.
Since the non-substantive changes do
not change the regulatory requirements,
EPA finds they meet section 110(l), part
C and part D of the Act. Please see the
Technical Support Document for further
information.
The EPA is also approving portions of
the SIP submittal dated April 11, 2002.
This action only approves the following
provisions of the April 11, 2002, SIP
submittal:
• The removal of the definition of
‘‘complete’’ currently in Paragraph O of
20.2.74.7 NMAC; and
• Revisions to 20.2.74.400 NMAC and
20.2.79 NMAC which relate to the
requirements for public notice and
public participation for PSD and NNSR
permits. Although the definition of
‘‘complete’’ is removed from New
Mexico’s rules, other provisions in the
rules address the criteria that a permit
application must include in order to be
administratively complete. These
provisions meet Federal requirements.
While New Mexico’s rules governing the
procedures for determining
administrative completeness and for
public participation have been revised,
these rules also meet Federal
requirements. Therefore, the removal of
the definition of ‘‘complete’’ and the
revisions to administrative
completeness and public participation
for PSD and NNSR permits meet section
110(l), part C, and part D of the Act. The
EPA will take appropriate action on the
remaining provisions of the April 11,
2002, submittal in a separate action.
On June 20, 2007 (72 FR 33933), we
published our proposed approval of this
SIP revision. The proposal provided
detailed information about the New
Mexico SIP revision that we are
approving today. The proposal also
provided a detailed analysis of EPA’s
rationale for approving the New Mexico
SIP revisions. In the proposal, we
provided opportunity for public
comment on the proposed action. The
comment period for this proposed
rulemaking ended July 20, 2007. We
received no comments, adverse or
otherwise, on the proposed rulemaking.
We are therefore finalizing our proposed
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approval without changes. For more
details on this submittal, please refer to
the proposed rulemaking and to the
Technical Support Document, which is
in the docket for this action.
II. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
State law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
State law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, the relationship between
the Federal Government and Indian
tribes, or the distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a State rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. The EPA interprets
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), as applying only to
those regulatory actions that concern
health or safety risks such that the
analysis required under section 5–501 of
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the Executive Order has the potential to
influence the regulation. This rule is not
subject to Executive Order 13045
because it would approve a State
program. Executive Order 12898 (59 FR
7629 (February 16, 1994)) establishes
Federal executive policy on
environmental justice. Because this rule
merely approves a State rule
implementing a Federal standard, EPA
lacks the discretionary authority to
modify today’s regulatory decision on
the basis of environmental justice
considerations.
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Act. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Act. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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. The 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 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 October 5, 2007.
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, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 23, 2007.
Richard E. Greene,
Regional Administrator, Region 6.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
2. The first table in § 52.1620(c)
entitled ‘‘EPA Approved New Mexico
Regulations’’ is amended by revising the
entries for part 74 and part 79 to read
as follows:
I
§ 52.1620
*
Identification of plan.
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(c) * * *
*
*
EPA APPROVED NEW MEXICO REGULATIONS
State citation
State
approval/
effective
date
Title/subject
EPA
approval
date
Explanation
New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality
*
Part 74 .....................
*
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Permits—Prevention of Significant Deterioration.
*
12/06/05
*
*
09/05/07 [Insert FR page number where
document begins].
*
*
Part 79 .....................
*
*
Permits—Nonattainment Areas .................
*
12/06/05
*
*
09/05/07 Insert FR page number where
document begins].
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[FR Doc. E7–17514 Filed 9–4–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3000, 3100, 3150, 3200,
3500, 3580, 3600, 3730, 3810, and 3830
[WO–610–4111–02–24 1A]
RIN 1004–AD95
Minerals Management: Adjustment of
Cost Recovery Fees
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
rfrederick on PROD1PC67 with RULES
SUMMARY: This final rule amends the
Bureau of Land Management (BLM)
mineral resources regulations to update
some fees that cover the BLM’s cost of
processing certain documents relating to
its mineral programs and some filing
fees for mineral-related documents.
These updates include fees for actions
such as lease applications, name
changes, corporate mergers, lease
consolidations, and lease
reinstatements. The fee changes are the
BLM’s continued response to
recommendations made by the
Department of the Interior’s Office of
Inspector General in a 1988 report. This
report was part of a 1980s Presidential
initiative, which called for all Federal
agencies to charge appropriate user fees
for agency services, consistent with the
law. This final rule also makes some
editorial corrections to the rule.
DATES: This final rule is effective
October 1, 2007.
FOR FURTHER INFORMATION CONTACT: Tim
Spisak, Chief, Division of Fluid
Minerals, 202–452–5061, or Cynthia
Ellis, Regulatory Affairs Specialist, (202)
452–5012. Persons who use a
telecommunications device for the deaf
(TDD) may leave a message with the
Federal Information Relay Service
(FIRS) at 1–800–877–8339, 24 hours a
day, 7 days a week.
ADDRESSES: You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, MS–LS 401, 1849 C
Street, NW., Washington, DC 20240;
Attention: RIN 1004–AD95.
SUPPLEMENTARY INFORMATION:
Background
The BLM has specific authority to
charge fees for processing applications
and other documents relating to public
lands under Section 304 of the Federal
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Land Policy and Management Act of
1976 (FLPMA), 43 U.S.C. 1734. In 2005,
the BLM published a final cost recovery
rule (70 FR 58854) establishing or
revising certain fees and service charges,
and also establishing the method it
would use to adjust those fees and
service charges.
At 43 CFR 3000.12(a), the rule
provides that the BLM will annually
adjust fees established in Subchapter C
according to changes in the Implicit
Price Deflator for Gross Domestic
Product (IPD–GDP), which is published
quarterly by the U.S. Department of
Commerce. (See also 43 CFR 3000.10.)
Because the fee recalculations are
simply based on a mathematical
formula, we have changed the fees in a
final rule without providing opportunity
for notice and comment. This final rule
will allow the BLM to update these fees
and service charges by October 1 of this
year, as required by the 2005 regulation.
The public had opportunity to comment
on this procedure during the comment
period on the cost recovery rule, and
this new rule simply administers the
procedure set forth in those regulations.
The Department of the Interior,
therefore, for good cause finds under 5
U.S.C. 553(b)(B) and (d)(3) that notice
and public comment procedures are
unnecessary, and that the rule may be
effective less than 30 days after
publication.
Discussion of Final Rule
Because the 2005 cost recovery final
rule did not become effective until
November 7, 2005, there was not a full
calendar year between the effective date
and the October 1 deadline the
following year for updating the fees. See
43 CFR 3000.12(a). The BLM therefore
decided to issue this first fee update
rule in 2007, to be effective on October
1, 2007. The fees in the 2005 rule reflect
adjustments using the Implicit Price
Deflator for 4th Quarter 2004. See 70 FR
58857. The fee updates that will be
effective each October 1 will be based
on the Implicit Price Deflator for the 4th
Quarter of the preceding calendar year.
This first fee update, based on the
Implicit Price Deflator for 4th Quarter
2006, thus reflects inflation over eight
calendar quarters. Future adjustments
will reflect inflation over four calendar
quarters.
While preparing this rule, we found
that in compiling the fee table at 43 CFR
3000.12 for the 2005 final rule (70 FR
58854), we overlooked some alreadyexisting filing fees. The following
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sections contain fees that should be
reflected in the fee table: 1
• In subpart 3150: sections 3152.1
(application for oil and gas geophysical
exploration permit (Alaska)) 2 ($25) and
3152.3 (renewal of exploration permit
(Alaska)) ($25)
• In subpart 3273: sections 3273.15
(site license application) ($50) and
3273.26 (assignment or transfer of site
license) ($50)
• In part 3500: sections 3510.12(b)
(lease modifications or fringe acreage
leases) ($25); 3512.12, 3512.13(a)(6)(iii),
3512.16(b), and 3512.17(b)
(assignments, subleases, or transfer of
operating rights) ($25); 3512.19 (transfer
of overriding royalty) ($25); and 3516.15
(use permits) ($25)
• In part 3580: sections 3583.3
(Shasta and Trinity hardrock leases)
($25) and 3586.2 (renewal of existing
sand and gravel leases in Nevada) ($25)
• In Group 3700: section 3736.2(b)
(notice of protest of placer mining
operations) ($10)
• In Group 3800: sections 3816.2
(application to open lands to location)
($10) and 3830.21(h) (recording a notice
of intent to locate mining claims on
Stockraising Homestead Act lands) ($25)
In this final rule, we moved these fees
to the fee table at 43 CFR 3000.12 and
included a reference to the fee table in
the relevant section of the rule text. This
is an administrative revision for the
convenience of the reader and has no
substantive effect.
We also revised sections 3211.10(a)
and 3504.10, which address fees in parts
3200 and 3500, respectively, to reflect
the relocation of the fees to the table at
43 CFR 3000.12. In section 3211.10(a),
we added to the list the filing fees noted
above. In section 3504.10, instead of
separate paragraphs for filing fees and
processing fees, new paragraph (a)
1 This rule will not include in the fee table at 43
CFR 3000.12 the $10 filing fee for requesting
publication of notice of Leasing Act filing found at
43 CFR 3742.3–1(b)(4). The BLM is in the process
of drafting a proposed rule that would, among other
things, propose to remove this fee. The document
to which this fee pertains relates to mining claims
located in 1954 and earlier; no document of this
type has been filed with the BLM in recent decades.
If any such document were filed, the BLM would
address it under a different part.
2 Section 365 of the Energy Policy Act of 2005
(Pub. L. 109–58) directed in subsection (i) that ‘‘the
Secretary shall not implement a rulemaking that
would enable an increase in fees to recover
additional costs related to processing drillingrelated permit applications and use authorizations.’’
In the 2005 cost recovery rule, the BLM interpreted
this prohibition to apply to geophysical exploration
permits. 70 FR 58854–58855. However, the $25 fees
for geophysical exploration permit applications for
Alaska and renewals of exploration permits for
Alaska pre-dated the 2005 cost recovery rule and
were not affected by the Energy Policy Act
prohibition.
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]]>Agencies
[Federal Register Volume 72, Number 171 (Wednesday, September 5, 2007)]
[Rules and Regulations]
[Pages 50879-50882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17514]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-NM-0006; FRL-8463-3]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Prevention of Significant Deterioration and New Source
Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving revisions to the New Mexico State
Implementation Plan (SIP) that were submitted to EPA on April 11, 2002,
and December 29, 2005. The revisions modify New Mexico's Prevention of
Significant Deterioration (PSD) and Nonattainment New Source Review
(NNSR) regulations in the SIP to address changes to the Federal PSD and
NNSR regulations which were promulgated by EPA on December 31, 2002 and
reconsidered with minor changes on November 7, 2003 (collectively,
these two Federal actions are called the ``2002 New Source Review (NSR)
Reform Rules''). The revisions include provisions for baseline
emissions calculations, an actual-to-projected-actual methodology for
calculating emissions changes, options for plantwide applicability
limits (PALs), and recordkeeping and reporting requirements. EPA is
approving these revisions pursuant to section 110, part C, and part D
of the Federal Clean Air Act (Act).
DATES: This rule is effective on October 5, 2007.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R06-OAR-2005-NM-0006. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is not publicly
[[Page 50880]]
available, e.g., Confidential Business information or other information
the disclosure of which 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
www.regulations.gov or in hard copy at the Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. The file will be made available by appointment for
public inspection in the Region 6 Freedom of Information Act Review
Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for
legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. There will be a 15 cent per page fee for making
photocopies of documents. On the day of the visit, please check in at
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas,
Texas.
The State submittal is also available for public inspection during
official business hours by appointment at the New Mexico Environment
Department, Air Quality Bureau, 1190 St. Francis Drive, Santa Fe, New
Mexico 87502.
FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7212;
fax number (214) 665-7263; e-mail address spruiell.stanley@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, any reference to
``we,'' ``us,'' or ``our'' shall mean EPA.
Outline
I. What Action Is EPA Taking?
II. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
The EPA is taking final action to approve the SIP revisions that
the Governor of New Mexico submitted on December 29, 2005. This
submittal consists of revisions to two regulations that are already
part of the New Mexico SIP. The affected regulations are 20.2.74 New
Mexico Administrative Code (NMAC) (Permits--Prevention of Significant
Deterioration) and 20.2.79 NMAC (Permits--Nonattainment Areas). The
revisions will update New Mexico's PSD and NNSR regulations to make
them consistent with changes to the Federal NSR regulations published
on December 31, 2002 (67 FR 80186) and November 7, 2003 (68 FR 63021).
These EPA rulemakings are collectively referred to as the ``2002 NSR
Reform Rules.'' EPA finds that the changes meet section 110, part C,
and part D of the Act.
This SIP revision also includes other non-substantive changes to
New Mexico's PSD and NNSR rules needed to update the regulatory
citations, make clarifying revisions to the regulatory text, and
correct typographical errors. Since the non-substantive changes do not
change the regulatory requirements, EPA finds they meet section 110(l),
part C and part D of the Act. Please see the Technical Support Document
for further information.
The EPA is also approving portions of the SIP submittal dated April
11, 2002. This action only approves the following provisions of the
April 11, 2002, SIP submittal:
The removal of the definition of ``complete'' currently in
Paragraph O of 20.2.74.7 NMAC; and
Revisions to 20.2.74.400 NMAC and 20.2.79 NMAC which
relate to the requirements for public notice and public participation
for PSD and NNSR permits. Although the definition of ``complete'' is
removed from New Mexico's rules, other provisions in the rules address
the criteria that a permit application must include in order to be
administratively complete. These provisions meet Federal requirements.
While New Mexico's rules governing the procedures for determining
administrative completeness and for public participation have been
revised, these rules also meet Federal requirements. Therefore, the
removal of the definition of ``complete'' and the revisions to
administrative completeness and public participation for PSD and NNSR
permits meet section 110(l), part C, and part D of the Act. The EPA
will take appropriate action on the remaining provisions of the April
11, 2002, submittal in a separate action.
On June 20, 2007 (72 FR 33933), we published our proposed approval
of this SIP revision. The proposal provided detailed information about
the New Mexico SIP revision that we are approving today. The proposal
also provided a detailed analysis of EPA's rationale for approving the
New Mexico SIP revisions. In the proposal, we provided opportunity for
public comment on the proposed action. The comment period for this
proposed rulemaking ended July 20, 2007. We received no comments,
adverse or otherwise, on the proposed rulemaking. We are therefore
finalizing our proposed approval without changes. For more details on
this submittal, please refer to the proposed rulemaking and to the
Technical Support Document, which is in the docket for this action.
II. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, the
relationship between the Federal Government and Indian tribes, or the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. The EPA interprets Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), as applying only to those regulatory actions
that concern health or safety risks such that the analysis required
under section 5-501 of
[[Page 50881]]
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045 because it would approve a
State program. Executive Order 12898 (59 FR 7629 (February 16, 1994))
establishes Federal executive policy on environmental justice. Because
this rule merely approves a State rule implementing a Federal standard,
EPA lacks the discretionary authority to modify today's regulatory
decision on the basis of environmental justice considerations.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. The 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 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 October 5, 2007. 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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: August 23, 2007.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 first table in Sec. 52.1620(c) entitled ``EPA Approved New
Mexico Regulations'' is amended by revising the entries for part 74 and
part 79 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 Explanation
date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part 74......................... Permits--Prevention 12/06/05 09/05/07 [Insert FR
of Significant page number where
Deterioration. document begins].
* * * * * * *
Part 79......................... Permits--Nonattainm 12/06/05 09/05/07 Insert FR
ent Areas. page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 50882]]
* * * * *
[FR Doc. E7-17514 Filed 9-4-07; 8:45 am]
BILLING CODE 6560-50-P
