Approval and Promulgation of Implementation Plans; New Mexico; Minor New Source Review (NSR) Preconstruction Permitting Rule for Cotton Gins, 35273-35279 [2012-14154]

Download as PDF Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations For the reasons discussed 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: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 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. 2. Add § 165.T09–0492 to read as follows: ■ erowe on DSK2VPTVN1PROD with RULES (a) Location. This safety zone encompasses all U.S. navigable waters of the Menominee River, in the vicinity of Marinette Marine Corporation, between the Bridge Street Bridge located in position 45°06′12″ N, 087°37′34″ W and a line crossing the river perpendicularly passing through position 45°05′57″ N, 087°36′43″ W, in the vicinity of the Ansul Company. (DATUM: NAD 83). (b) Effective and enforcement period. This rule is effective and will be enforced from 10:30 a.m. to 12:00 p.m. on June 16, 2012. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Sector Lake Michigan, or his or her onscene representative. (3) The ‘‘designated representative’’ of the Captain of the Port, Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Sector Lake Michigan, to act on his or her behalf. The on-scene representative of the Captain of the Port, Sector Lake Michigan, will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Sector Lake Michigan, or his or her on-scene representative to obtain permission to do so. The Captain of the Port, Sector Lake Michigan, or his or her designated representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the 12:20 Jun 12, 2012 Jkt 226001 Dated: June 1, 2012. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan. [FR Doc. 2012–14468 Filed 6–12–12; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 § 165.T09–0492 Safety Zone; NOAA Vessel Rueben Lasker Launch, Marinette, Wisconsin. VerDate Mar<15>2010 safety zone must comply with all directions given to them by the Captain of the Port, Sector Lake Michigan, or his or her on-scene representative. [EPA–R06–OAR–2005–NM–0008; FRL– 9684–5] Approval and Promulgation of Implementation Plans; New Mexico; Minor New Source Review (NSR) Preconstruction Permitting Rule for Cotton Gins Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking a direct final action to approve a revision to the applicable minor New Source Review (NSR) State Implementation Plan (SIP) for New Mexico submitted by the state of New Mexico on April 25, 2005, which incorporates a new regulation related to minor NSR preconstruction permitting for particulate matter emissions from cotton ginning facilities. The submitted Cotton Gin regulation provides an alternative preconstruction process for cotton ginning facilities that will emit no more than 50 tons per year of particulate matter. The new regulation prescribes, at a minimum, best technical control equipment standards, opacity limitations, and fugitive dust management plan requirements to minimize particulate matter emissions and establishes a minimum setback distance from the gin to the property line. EPA has determined that this SIP revision complies with the Clean Air Act and EPA regulations and is consistent with EPA policies. This action is being taken under section 110 of the Act. DATES: This direct final rule is effective on August 13, 2012 without further notice, unless EPA receives relevant adverse comment by July 13, 2012. 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 ID No. EPA–R06– SUMMARY: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 35273 OAR–2005–NM–0008, by one of the following methods: (1) www.regulations.gov: Follow the on-line instructions for submitting comments. (2) Email: Ms. Ashley Mohr at mohr.ashley@epa.gov. (3) Fax: Ms. Ashley Mohr, Air Permits Section (6PD–R), at fax number 214– 665–6762. (4) Mail: Ms. Ashley Mohr, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. (5) Hand or Courier Delivery: Ms. Ashley Mohr, Air Permits Section (6PD– R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Such deliveries are accepted only between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2005– NM–0008. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https://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 https:// www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The https:// 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 https://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 about EPA’s public docket, visit the EPA E:\FR\FM\13JNR1.SGM 13JNR1 erowe on DSK2VPTVN1PROD with RULES 35274 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// 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 FOIA 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. A 15 cent per page fee will be charged for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area on the seventh floor at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal related to this SIP revision, and which is part of the EPA docket, is also available for public inspection at the State Air Agency listed below during official business hours by appointment: New Mexico Environment Department, Air Quality Bureau, 1301 Siler Road, Building B, Santa Fe, New Mexico. FOR FURTHER INFORMATION CONTACT: If you have questions concerning today’s direct final action, please contact Ms. Ashley Mohr (6PD–R), Air Permits Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue (6PD–R), Suite 1200, Dallas, Texas 75202–2733, telephone (214) 665–7289; fax number (214) 665–6762; email address mohr.ashley@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document the following terms have the meanings described below: • ‘‘we’’, ‘‘us’’ and ‘‘our’’ refer to EPA. • ‘‘Act’’ and ‘‘CAA’’ mean the Clean Air Act. • ‘‘40 CFR’’ means Title 40 of the Code of Federal Regulations—Protection of the Environment. • ‘‘SIP’’ means the State Implementation Plan established under section 110 of the Act. VerDate Mar<15>2010 12:20 Jun 12, 2012 Jkt 226001 • ‘‘NSR’’ means new source review. • ‘‘TSD’’ means the Technical Support Document for this action. • ‘‘NAAQS’’ means any national ambient air quality standard established under 40 CFR part 50. Table of Contents I. What action is EPA taking? II. What did New Mexico submit? A. April 25, 2005, SIP Revision Submittal B. What is the Cotton Gin regulation? III. EPA’s Evaluation A. Technical Review of April 25, 2005, SIP Revision Submittal B. CAA 110(l) Analysis IV. Final Action V. Statutory and Executive Order Reviews I. What action is EPA taking? We are taking direct final action to approve a revision to the applicable minor New Source Review (NSR) State Implementation Plan (SIP) for New Mexico submitted by the state of New Mexico on April 25, 2005, which incorporates a new regulation related to minor NSR preconstruction permitting for cotton ginning facilities that are minor stationary sources with particulate matter emissions no more than 50 tons per year. The April 25, 2005, SIP submittal includes the incorporation of the new Cotton Gin regulation in 20.2.66 of the New Mexico Administrative Code (NMAC), also known as Part 66. Our technical analysis of the April 25, 2005, SIP rule revision submittal has found that the new Part 66, containing the Cotton Gin regulation, meets the CAA and 40 CFR Part 51. Therefore, EPA is taking direct final action to approve the incorporation of 20.2.66 NMAC, as submitted on April 25, 2005, into the New Mexico minor NSR SIP. We provide a summary of the reasoning comprising our evaluation in this rulemaking, as well as, a more detailed evaluation and analysis in the Technical Support Document (TSD) for this rulemaking. We are publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no relevant adverse comments. As explained in our TSD, we are finding this action noncontroversial because the Cotton Gin regulation is an established limited-scope regulation providing an alternative minor NSR preconstruction permitting approach for cotton ginning facilities that are minor stationary sources of particulate matter emissions. 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. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 This rule will be effective on August 13, 2012 without further notice unless we receive relevant adverse comment by July 13, 2012. 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 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. II. What did New Mexico submit? A. April 25, 2005, SIP Revision Submittal On April 25, 2005, the Governor of New Mexico submitted a revision to incorporate 20.2.66 NMAC—Cotton Gins into the New Mexico SIP. This submittal includes the following: • Addition of the following sections: 20.2.66.1 NMAC—Issuing Agency; 20.2.66.2 NMAC—Scope; 20.2.66.3 NMAC—Statutory Authority; 20.2.66.4 NMAC—Duration; 20.2.66.5 NMAC— Effective Date; 20.2.66.6 NMAC— Objective; 20.2.66.7 NMAC— Definitions; 20.2.66.9 NMAC— Documents; 20.2.66.200 NMAC— Issuance of Permit under 20.2.72 NMAC; 20.2.66.201 NMAC—Permit Application Requirements; and 20.2.66.202 NMAC—Permit Requirements. • Portions of the New Mexico Air Quality Control Act (AQCA), specifically the 2003 amendments to Section 74–2–7(C) and (O), related to permit issuance for cotton ginning facilities, as evidence of the legal authority for the State to adopt 20.2.66 NMAC—Cotton Gins. A summary of EPA’s evaluation of the Cotton Gin regulation and the basis for this action is discussed in section III of this preamble. The TSD includes a detailed evaluation of the April 25, 2005, SIP submittal. B. What is the Cotton Gin regulation? The Cotton Gin regulation, found in Part 66, provides an alternative process for owners and operators of cotton ginning minor stationary sources, as defined in Part 66, to obtain a minor NSR preconstruction permit for particulate matter emissions. The New Mexico Environmental Department (NMED) adopted 20.2.66 NMAC in E:\FR\FM\13JNR1.SGM 13JNR1 erowe on DSK2VPTVN1PROD with RULES Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations response to 2003 amendments to the New Mexico Air Quality Control Act (AQCA), specifically, amendments to Sections 74–2–7(C) and (O). Sources that meet the cotton ginning facility definition defined in 20.2.66.7(C) and that elect to apply for a minor NSR preconstruction permit under Part 66, must meet the source-specific requirements contained in the Part, which include application requirements and permit requirements. A ‘‘cotton ginning facility’’ is defined in Part 66 as ‘‘any facility that separates seed, lint, and trash from raw cotton, and bales lint cotton for further processing.’’ To meet the definition of a ‘‘cotton ginning facility,’’ Part 66 also requires that the facility have the standard industrial classification code 0724 (cotton ginning) and the North American industrial standard classification code 11511 (cotton ginning). It must also have 50 tons per year or less of particulate matter emissions. A source that obtains a minor NSR preconstruction permit under Part 66 for its particulate matter emissions is also required to meet the applicable requirements contained in the SIP’s 20.2.72 NMAC—Construction Permits (Part 72) to obtain a minor preconstruction permit for its other emissions. Part 66 specifies permit application requirements, particulate matter emission control requirements, opacity limitations, fugitive dust plan requirements, operating and location restrictions, and inspection and recordkeeping requirements for cotton ginning facilities seeking a minor preconstruction permit under 20.2.66 NMAC. The ‘‘best system’’ to minimize particulate matter emissions was determined by NMED to be, at a minimum, technical control standards such as screens with a mesh size of 70 by 70 or finer (United States sieve) on low-pressure exhausts, and highefficiency cyclone dust collectors on high-pressure exhausts. These control standards minimize particulate matter emissions. The new regulation also establishes minimum setback distance requirements for facilities obtaining a minor NSR preconstruction permit under Part 66. These requirements are specific to the control of emissions and minimization of impacts from particulate matter emissions from cotton gins emitting 50 tons per year or less, including particulate matter less than 10 microns in diameter (PM10) and particulate matter less than 2.5 microns in diameter (PM2.5). All other criteria pollutant emissions from cotton gins are required to be addressed via the requirements of the Part 72 VerDate Mar<15>2010 12:20 Jun 12, 2012 Jkt 226001 preconstruction minor NSR permitting program that already is in the New Mexico SIP. III. EPA’s Evaluation A. Technical Review of April 25, 2005, SIP Revision Submittal The April 25, 2005, SIP revision submitted by New Mexico to incorporate Part 66 in the State’s minor NSR SIP establishes an alternative minor NSR preconstruction permitting approach for cotton gins that are minor sources of 50 tons per year or less of particulate matter emissions. The alternative minor NSR preconstruction permitting process contained in the Cotton Gin regulation provides cotton ginning facilities with an option to obtain a minor NSR preconstruction permit via the current minor NSR SIP’s preconstruction case-by-case permitting program (Part 72) for all its emissions or to obtain a SIP Part 72 minor NSR preconstruction permit for all of its emissions except for its particulate matter emissions, for which it can obtain a minor NSR preconstruction permit via the alternative process contained in Part 66. As previously mentioned, those cotton gin sources obtaining a minor NSR permit under Part 66 for their particulate matter emissions must also meet the applicable requirements of the SIP’s Part 72 for all their other emissions. The Part 66 minor NSR preconstruction permitting process addresses particulate matter emissions from minor source cotton gins without requiring an air quality impact analysis demonstration, while the SIP’s Part 72 rule addresses case-by-case preconstruction permitting determinations for all sources for all emissions and requires an analysis of the predicted air quality impact that generally is met by air dispersion modeling. As discussed later, EPA is finding that the submitted Part 66 is protective of the NAAQS and therefore no case-by-case air quality impact analysis is required for cotton gins covered under this rule. As detailed in the TSD, the April 25, 2005, SIP submittal meets the completeness criteria established in 40 CFR part 51, Appendix V. In addition to the completeness review, the Cotton Gin regulation SIP submittal was evaluated against the applicable requirements contained in the Act and 40 CFR part 51. Section 110(a)(2)(C) of the Act requires, in part, that each implementation plan include a program to regulate the construction and modification of stationary sources, including a permit program as required by parts C and D of Title I of the Act, PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 35275 as necessary to assure that the NAAQS are achieved. Parts C and D, which pertain to prevention of significant deterioration (PSD) and nonattainment, respectively, address major NSR programs for stationary sources, and the permitting program for ‘‘nonmajor’’ (or ‘‘minor’’) stationary sources is also addressed by section 110(a)(2)(C) of the Act. We generally refer to the latter program as the ‘‘minor NSR’’ program. A minor stationary source is a source whose ‘‘potential to emit’’ is lower than the major source applicability threshold for a particular pollutant defined in the applicable major NSR program. EPA’s implementing regulations for minor NSR SIP revision submissions required by section 110(a)(2)(C) are found at 40 CFR 51.160 and are intended to ensure that new source growth is consistent with maintenance of the NAAQS. Therefore, we evaluated the submitted new rule using the federal regulations under CAA section 110(a)(2)(C), which require each State to include a minor NSR program in its SIP. EPA regulations require that a minor NSR program include: • A plan that ‘‘must set forth legally enforceable procedures that enable’’ the permitting agency to determine whether a minor source will cause or contribute to a violation of applicable portions of the control strategy, 40 CFR 51.160(a)(1), or interference with attainment or maintenance of a NAAQS within the state or a neighboring state, 40 CFR 51.160(a)(2). • The procedures must provide for the submission, by the applicant, of such information on: (1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources; (2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to make the determination referred to in paragraph (a) of this section, 40 CFR 51.160(c) . • The procedures must identify types and sizes of affected entities subject to review and must discuss ‘‘the basis for determining which facilities will be subject to review,’’ 40 CFR 51.160(e). The provisions contained in the Cotton Gin regulation SIP submittal meet the requirements in 40 CFR 51.160(a)(1) and (2) that each plan include legally enforceable procedures to determine whether the construction or modification of a facility, building, structure, or installation, or the combination of these will result in: (1) A violation of the applicable portions of the control strategy; or (2) interference with attainment or maintenance of a E:\FR\FM\13JNR1.SGM 13JNR1 erowe on DSK2VPTVN1PROD with RULES 35276 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations national standard in the state in which the proposed source (or modification) is located or in a neighboring state. See our TSD and section III.B of this notice for more details regarding how the Cotton Gin regulation complies with these requirements. The Cotton Gin regulation SIP revision also meets the 40 CFR 51.160(c) requirements by requiring sources that apply for a minor NSR preconstruction permit using the alternative approach contained in Part 66 to provide information regarding the nature and amounts of emissions to be emitted and the location, design, construction, and operation of the facility in accordance with permit application requirements contained in Part 72. The minor NSR preconstruction permitting program contained in Part 72 is already part of the New Mexico SIP. The permit application content requirements are contained in Section 203 of Part 72 and are referenced as requirements of Part 66 in Section 201(A) of that Part. The April 25, 2005, SIP revision also meets the 40 CFR 51.160(e) requirements by identifying the type of facility that will be subject to review under 40 CFR 51.160(a). New Mexico specifically identified that cotton ginning facilities meeting the definition contained in Part 66 may elect to utilize the alternative minor NSR permitting process contained in the Cotton Gin regulation. This includes the requirement that the cotton gin be a minor stationary source emitting 50 tons per year or less of particulate matter. The major source threshold for particulate matter for cotton ginning facilities is 250 tons per year. Cotton ginning facilities not meeting the definition are not allowed to utilize the alternative minor NSR permitting approach contained in Part 66. See the TSD for more details regarding our technical review of the April 25, 2005, SIP revision submittal. 40 CFR 51.160 requires that the minor NSR SIP revision submittal be enforceable. In particular, 40 CFR 51.160(a) requires that the SIP revision be enforceable in order to ensure that the issuance of the minor NSR permit will not cause or contribute to a violation of any SIP control strategy and will not interfere with attainment and maintenance of the NAAQS. The September 23, 1987, Memorandum from J. Craig Potter, Assistant Administrator for Air and Radiation, and Thomas L. Adams Jr., Assistant Administrator for Enforcement and Compliance Monitoring, entitled ‘‘Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency’’ provides EPA’s guidance for assessing VerDate Mar<15>2010 12:20 Jun 12, 2012 Jkt 226001 whether a SIP revision submittal is sufficiently enforceable. We find that the new regulation meets the requirements of section 40 CFR 51.160(a), which requires that SIP revision submittals be enforceable. The submitted regulation specifically identifies the covered source; ensures that the permit issued by NMED will contain specific limits to ensure that the cotton gin’s potential to emit remains below major source thresholds for particulate matter emissions; and includes monitoring, recordkeeping, and reporting (MRR) provisions that establish how compliance will be determined and ensure that the PM10 and PM2.5 NAAQS are protected. For these reasons, EPA finds that the submitted regulation will ensure attainment and maintenance of the particulate matter NAAQS and will prevent violations of any of the New Mexico SIP’s control strategies. Under this submitted regulation, the State is able to determine if there will be an adverse impact on air quality. EPA has recognized, for certain classes of sources, that it is appropriate for states to establish enforceable emission limits that serve to limit potential to emit through exclusionary rules that apply to certain source categories. See, Memorandum from D. Kent Berry, Acting Director, Air Quality Management Division, Office of Air Quality Planning and Standards (OAQPS) entitled ‘‘Guidance for State Rules for Optional FederallyEnforceable Emissions Limits Based on Volatile Organic Compound Use,’’ dated October 15, 1993; See also, Memorandum from John Seitz, Director, OAQPS entitled ‘‘Approaches to Creating Federally-Enforceable Emission Limits,’’ dated November 3, 1993. EPA also issued a guidance memorandum that provides guidance for addressing the minor source status under the Act for lower-emitting sources in eight source categories, including cotton gins. See, April 14, 1998, Memorandum entitled, ‘‘Potential to Emit (PTE) Guidance for Specific Source Categories’’ (hereinafter the 1998 memoranda). It provides technical information useful in devising practicable enforceable PTEs for small sources and identifies sources that are ‘‘true minors.’’ Although not an exclusionary rule, the practicable enforceability criteria in the guidance memoranda serve as a way to measure whether the submitted regulation is practicably enforceable and therefore can ensure that issuance of the minor NSR permit will not cause or contribute to a violation of any SIP control strategy and will not interfere PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 with attainment and maintenance of the NAAQS. The submitted regulation clearly identifies the category of sources that qualify for coverage. Moreover, EPA has found that cotton gins are technically justified for a streamlined approach (the 1998 memoranda). The regulation provides that a source notify the State of its coverage under the regulation by submitting a preconstruction application. The application must propose maximum allowable annual and hourly emissions and include proposed limitations to hours of operation and other limitations that will result in allowable emissions of no more than 50 tons per year. The NMED is authorized to modify any of the proposed limitations and controls to be more stringent, as necessary to ensure that applicable requirements are met. Therefore, the regulation ensures that the applicable emission limits will be clearly specified by the NMED in the issued permit. The rule also includes terms and conditions for monitoring, recordkeeping, reporting, and testing requirements, as appropriate. The applicant is required to comply with the limits in the Part 66 issued permit. Violations of the emission threshold imposed by the submitted regulation can constitute violations of permitting and SIP requirements.1 B. CAA 110(l) Analysis Section 110(l) of the Clean Air Act states: Each revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of this Act. Thus, under section CAA 110(l), this minor NSR SIP revision submittal must not interfere with attainment, reasonable further progress, or any other applicable requirement of the Act. EPA is approving the revision to the New Mexico minor NSR SIP incorporating the cotton gin minor NSR regulation because, based on our analysis, we have found that Part 66 does not interfere with attainment, reasonable further progress, or any other requirement of the Act. As previously stated, the provisions contained in Part 66 include 1 Under 20.2.72.218 NMAC, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of the terms or conditions of the permit. This enforcement measure applies notwithstanding any other provisions in the New Mexico SIP. E:\FR\FM\13JNR1.SGM 13JNR1 erowe on DSK2VPTVN1PROD with RULES Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations requirements and operational restrictions for cotton ginning facilities seeking a minor NSR permit that are specific to the control of particulate matter emissions and minimization of impacts from those emissions. All other pollutants will continue to be addressed via the requirements of the SIP’s Part 72 minor NSR preconstruction permitting program. Therefore, EPA evaluated the Cotton Gin regulation for its impact on attainment and reasonable further progress for PM10 and PM2.5 in a CAA 110(l) analysis. The submitted regulation only affects one specific source category, not unrelated emission sources. Therefore, there will be no cumulative effect of numerous unrelated sources. Moreover, there currently are only four cotton gins operating in the State, and only one of these four facilities has received the alternative minor NSR permit for its particulate matter emissions. The cotton gin that received the alternative minor NSR permit for its particulate matter emissions is located in Dona Ana County, but it is outside the boundaries of the Anthony PM10 nonattainment area. All four cotton gins are minor stationary sources of particulate matter. A cotton gin obtaining a minor NSR permit under this new rule must meet, at a minimum, the technical equipment requirements and management practices in the rule. All burr hoppers must be completely enclosed. There can be no visible fugitive emissions from any door, vent, or window. Emissions from the gin yard, storage piles, roads, and vehicles must be controlled by watering, paving and cleaning, surfactants, or other equivalent means. There are opacity limitations on the cyclones, low pressure exhausts, and fuel-burning equipment. High pressure exhausts must be controlled by the use of a high efficiency cyclone dust collector and are subject to an opacity limitation. Low pressure exhausts must be controlled by the use of screens with a mesh size of 70 by 70 or finer (United States sieve), or the use of perforated condenser drums with holes not exceeding 0.045 inches in diameter and are subject to an opacity limitation. There must be a posted speed limit for all vehicles on unpaved haul roads and in unpaved yard areas of 10 miles per hour or less. Fuel burning equipment is limited to certain fuels. The NMED has the authority to require even more stringent requirements than those set forth above. Furthermore, under the submitted regulation, a cotton gin obtaining a minor NSR permit under this regulation must be located at a minimum of 10 feet in all directions from the facility’s VerDate Mar<15>2010 12:20 Jun 12, 2012 Jkt 226001 property boundary. The cotton gin must also be at least 0.25 miles from any existing state park, recreation area, or school and at least three miles from any Class I area. The distance from the cotton gin to the property boundary must also meet minimum requirements based on the facility’s PM10 emissions. These set back distance limitations are based upon the allowable emissions rather than production rates, thereby encouraging gins to use more stringent technical controls. The NMED has the authority to establish a more stringent set back limitation in any issued permit under this new rule, as necessary, to ensure that the facility will meet all other applicable requirements. The entire state of New Mexico was designated attainment for the 1997 PM2.5 NAAQS. Additionally, the entire state of New Mexico was designated attainment for the 2006 PM2.5 NAAQS. The only area designated nonattainment for the PM10 NAAQS in New Mexico is Anthony, which is located in Dona Ana County. Dona Ana County does contain cotton gins, but these gins are located outside the boundaries of the Anthony designated nonattainment area. In New Mexico’s November 8, 1991 SIP revision for the Anthony PM10 nonattainment area, the State demonstrated that PM10 emissions from existing cotton gins located in Dona Ana County did not have a significant impact on air quality in Anthony. As a result, New Mexico did not include control requirements for any point sources, including cotton gins, in its PM10 SIP revision for Anthony. EPA approved the PM10 SIP for Anthony on September 9, 1993. Annual emissions inventory information compiled by NMED for inventory year 2002 shows that annual emissions of PM10 resulting from cotton gins located in Dona Ana County are much less than the total PM10 emissions from both agricultural and nonagricultural emission sources in the county. The 2002 Dona Ana County emissions inventory data also shows that annual emissions of PM2.5 from cotton gins are much less that the total PM2.5 emissions. There also is no new evidence that new minor source cotton gins would have a significant impact on air quality in Anthony. There is no evidence of growth in cotton gins since 1991, the date of the PM10 SIP revision that EPA approved; in fact, at least two cotton gins have permanently shut down. Therefore, we expect that the impacts of PM10 emissions from cotton gins on air quality in Dona Ana County, including in Anthony, would be small relative to the impacts from other emission sources. Ginning activity in PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 35277 New Mexico, including in Dona Ana County, is not expected to experience significant growth from current activity levels. When the Cotton Gin regulation was developed and adopted by New Mexico in 2005, seven commercial gins were registered in New Mexico, with six of the registered gins actually operating. Since 2005, three of these seven cotton gins have closed. Only one of the remaining four cotton gins is located in Dona Ana County. The current ginning capacity in New Mexico is more than sufficient to handle the State’s cotton production and annual trends show decreasing cotton production since the State’s adoption of the Cotton Gin regulation. Moreover, of the four currently operational cotton ginning facilities located in New Mexico, only one has received a permit through the Part 66 permitting process. Furthermore, if a new minor cotton gin source wished to construct in Dona Ana County and applied for a permit via the Part 66 alternative minor NSR preconstruction permitting process, the permit would limit the emissions of PM10 or PM2.5 to not more than 50 tons per year. For all other areas of New Mexico located outside of the Anthony PM10 nonattainment area, the Cotton Gin regulation is evaluated to determine if the SIP revision submission will interfere with attainment for PM2.5 or PM10. As previously mentioned, based on the State’s current ginning capacity and cotton production trends, cotton ginning activity in New Mexico is not expected to experience significant growth from current activity levels. If a new minor cotton gin source is to be located in New Mexico, and the owner chooses the Part 66 alternative method, the cotton gin facility must apply for a minor NSR preconstruction permit under Part 66 and the permit will limit the emissions of particulate matter to not more than 50 tons per year. In addition, a source applying for a minor preconstruction permit under Part 66 is required to meet at a minimum the control requirements contained in the Cotton Gin regulation, which include control equipment requirements for high and low pressure exhausts, opacity limitations, implementation requirements for a fugitive dust management plan, fuel usage limitations for any fuel burning equipment, and location restrictions based on the facility’s emission rates. Prior to the adoption of Part 66, New Mexico did not have specific regulations or control requirements for cotton ginning facilities. Instead, control requirements for new and modified cotton ginning facilities were established through the E:\FR\FM\13JNR1.SGM 13JNR1 35278 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations existing case-by-case preconstruction permitting program in the SIP (Part 72 for minor sources). The adoption of Part 66 establishes specific control requirements for particulate matter emissions that are not contained in the current New Mexico SIP for cotton ginning facilities seeking a minor preconstruction permit via the alternative minor NSR preconstruction permit approach. New Mexico also retains the authority and procedures to amend the Part 66 Cotton Gin regulation if federal standards or requirements change and the Cotton Gin regulation is no longer adequate to ensure that applicable requirements are met. Our evaluation of the April 25, 2005, SIP submittal with respect to both PM10 nonattainment and attainment areas and to PM2.5 impacts demonstrates compliance with section 110(l) of the CAA and provides further basis for approval of this SIP revision. IV. Final Action erowe on DSK2VPTVN1PROD with RULES EPA is taking direct final action to approve the revision to the New Mexico SIP submitted on April 25, 2005. Specifically, EPA is approving the incorporation of the new Cotton Gin regulation in 20.2.66 NMAC, which establishes an alternative minor NSR preconstruction permitting process for issuing air quality permits to cotton ginning facilities for particulate matter emissions. EPA is finding that the revisions to the New Mexico Air Quality Control Act (AQCA) contained in the April 25, 2005, submittal, specifically the 2003 amendments to Section 74–2– 7(C) and (O), related to permit issuance for cotton ginning facilities, provide sufficient legal authority for the NMED to adopt and enforce the 20.2.66 NMAC. See 40 CFR 51.230 and 50.231. EPA is not acting on other severable portions of the April 25, 2005, SIP submittal.2 Specifically, EPA is not taking action on the revisions submitted on April 25, 2005, to 20.2.72 NMAC— Construction Permits; 20.2.73 NMAC— Notice of Intent and Emissions Inventory Requirements; and 20.2.75 NMAC—Construction Permit Fees. These revisions have been or will be addressed by EPA in separate SIP revision reviews and rule actions. 2 By severable, we mean that the portions of the SIP revisions related to the Cotton Gin regulation can be implemented independently of the remaining portions of the submittal, without affecting the stringency of the submitted rules. In addition, the remaining portions of the submittal are not necessary for approval of the provisions of 20.2.66 NMAC. VerDate Mar<15>2010 12:20 Jun 12, 2012 Jkt 226001 V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 13, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed 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, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 30, 2012. Samuel Coleman, Acting Regional Administrator, EPA Region 6. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart GG—New Mexico 2. The table in section 52.1620(c) entitled ‘‘EPA Approved New Mexico Regulations’’ is amended by adding a new entry for Part 66 (20.2.66 NMAC) in numerical order by part number to read as follows. ■ E:\FR\FM\13JNR1.SGM 13JNR1 35279 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations § 52.1620 Identification of plan. * * * * (c) * * * * EPA-APPROVED NEW MEXICO REGULATIONS State citation State approval/effective date Title/subject EPA approval date Comments New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality * Part 66 ............................... * * * * * Cotton Gins ....................... * * * * 4/7/2005 ............................ * * * 6/13/2012 [Insert FR page number where document begins]. * * approved and incorporated by reference into the Arizona State Implementation Plan. * [FR Doc. 2012–14154 Filed 6–12–12; 8:45 am] BILLING CODE 6560–50–P Effective Date: This rule is effective on July 13, 2012. DATES: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2010–0717; FRL 9661–3] Approval and Promulgation of Implementation Plans; Arizona; Update to Stage II Gasoline Vapor Recovery Program; Change in the Definition of ‘‘Gasoline’’ To Exclude ‘‘E85’’ Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Under the Clean Air Act, EPA is taking final action to approve certain revisions to the Arizona State Implementation Plan submitted by the Arizona Department of Environmental Quality. These revisions concern amendments to the statutory and regulatory provisions adopted by the State of Arizona to regulate volatile organic compound emissions from the transfer of gasoline from storage tanks to motor vehicle fuel tanks at gasoline dispensing sites, i.e., stage II vapor recovery. The revisions also amend the definition of ‘‘gasoline’’ to explicitly exclude E85 and thereby amend the requirements for fuels available for use in the Phoenix metropolitan area as well as the requirements for vapor recovery. In approving the revisions, EPA is taking final action to waive the statutory stage II vapor recovery requirements at E85 dispensing pumps within the Phoenix metropolitan area. Lastly, EPA is taking final action to correct an EPA rulemaking that approved a previous version of the Arizona rules regulating these sources and to thereby identify the appropriate regulatory agency and specific rules that were previously erowe on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 12:20 Jun 12, 2012 Jkt 226001 EPA has established docket number EPA–R09–OAR–2010–0717 for this action. The index to the docket is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. 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 in either location (e.g., Confidential Business Information). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. ADDRESSES: For further information on the revisions to the Arizona State Implementation Plan submitted by the Arizona Department of Environmental Quality, contact Mr. Andrew Steckel, EPA Region IX, 75 Hawthorne Street (AIR–4), San Francisco, CA 94105, phone number (415) 947–4115, fax number (415) 947– 3579, or by email at steckel.andrew@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. EPA’s Proposed Action A. The State’s Submittal B. Regulatory Context C. EPA’s Evaluation of SIP Submittal and Proposed Action D. Proposed Correction of Previous Rulemaking II. Public Comments and EPA Responses III. Final Action IV. Statutory and Executive Order Reviews PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 * * * I. EPA’s Proposed Action A. The State’s Submittal On October 3, 2011 (76 FR 61062), we proposed to approve a revision to the Arizona State Implementation Plan (SIP) submitted to EPA on September 21, 2009 by the Arizona Department of Environmental Quality (ADEQ). The purpose of the SIP revision is to update the gasoline vapor recovery program that was originally submitted and approved by EPA in 1994 to meet certain applicable requirements of the Clean Air Act, as amended in 1990 (CAA or ‘‘Act’’).1 The specific revisions include statutory provisions and administrative rules regulating the emissions of volatile organic compounds (VOC) due to the transfer of gasoline from storage tanks (typically underground) to motor vehicle fuel tanks at gasoline stations in the Phoenix metropolitan area. The statutory provisions and administrative rules are contained in enclosures 3 and 4 of ADEQ’s September 21, 2009 SIP revision submittal package.2 ADEQ’s submittal represents an update to the stage II requirements but is comprehensive in that the submitted 1 Gasoline dispensing pump vapor control devices, commonly referred to as ‘‘stage II’’ vapor recovery, are systems that control VOC vapor releases during the refueling of motor vehicles. This process takes the vapors normally emitted directly into the atmosphere when pumping gas and recycles them back into the fuel storage tank, preventing them from polluting the air. For more information on stage II vapor recovery systems, please see EPA’s proposed rule, ‘‘Air Quality: Widespread Use for Onboard Refueling Vapor Recovery and Stage II Waiver,’’ 76 FR 41731, at 41734 (July 15, 2011). 2 By letter dated April 12, 2011, ADEQ substituted the statutes and rules in enclosures 3 and 4 as submitted on September 21, 2009 with official, published versions of the same statutes and rules in keeping with the requirements. ADEQ did so in response to an EPA request for the official, published versions of the statutes and rules to comply with the requirements established by the Office of the Federal Register for incorporating such materials by reference into the Code of Federal Regulations. E:\FR\FM\13JNR1.SGM 13JNR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Rules and Regulations]
[Pages 35273-35279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14154]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2005-NM-0008; FRL-9684-5]

Approval and Promulgation of Implementation Plans; New Mexico;
Minor New Source Review (NSR) Preconstruction Permitting Rule for
Cotton Gins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking a direct final action to approve a revision to
the applicable minor New Source Review (NSR) State Implementation Plan
(SIP) for New Mexico submitted by the state of New Mexico on April 25,
2005, which incorporates a new regulation related to minor NSR
preconstruction permitting for particulate matter emissions from cotton
ginning facilities. The submitted Cotton Gin regulation provides an
alternative preconstruction process for cotton ginning facilities that
will emit no more than 50 tons per year of particulate matter. The new
regulation prescribes, at a minimum, best technical control equipment
standards, opacity limitations, and fugitive dust management plan
requirements to minimize particulate matter emissions and establishes a
minimum setback distance from the gin to the property line. EPA has
determined that this SIP revision complies with the Clean Air Act and
EPA regulations and is consistent with EPA policies. This action is
being taken under section 110 of the Act.

DATES: This direct final rule is effective on August 13, 2012 without
further notice, unless EPA receives relevant adverse comment by July
13, 2012. 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 ID No. EPA-R06-
OAR-2005-NM-0008, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions for
submitting comments.
(2) Email: Ms. Ashley Mohr at mohr.ashley@epa.gov.
(3) Fax: Ms. Ashley Mohr, Air Permits Section (6PD-R), at fax
number 214-665-6762.
(4) Mail: Ms. Ashley Mohr, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(5) Hand or Courier Delivery: Ms. Ashley Mohr, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Such deliveries are accepted only between the
hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays.
Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-NM-0008. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://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 https://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 about EPA's public
docket, visit the EPA

[[Page 35274]]

Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in https://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 FOIA
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. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
New Mexico Environment Department, Air Quality Bureau, 1301 Siler
Road, Building B, Santa Fe, New Mexico.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Ashley Mohr (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone
(214) 665-7289; fax number (214) 665-6762; email address
mohr.ashley@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document the following terms
have the meanings described below:
``we'', ``us'' and ``our'' refer to EPA.
``Act'' and ``CAA'' mean the Clean Air Act.
``40 CFR'' means Title 40 of the Code of Federal
Regulations--Protection of the Environment.
``SIP'' means the State Implementation Plan established
under section 110 of the Act.
``NSR'' means new source review.
``TSD'' means the Technical Support Document for this
action.
``NAAQS'' means any national ambient air quality standard
established under 40 CFR part 50.

Table of Contents

I. What action is EPA taking?
II. What did New Mexico submit?
A. April 25, 2005, SIP Revision Submittal
B. What is the Cotton Gin regulation?
III. EPA's Evaluation
A. Technical Review of April 25, 2005, SIP Revision Submittal
B. CAA 110(l) Analysis
IV. Final Action
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

We are taking direct final action to approve a revision to the
applicable minor New Source Review (NSR) State Implementation Plan
(SIP) for New Mexico submitted by the state of New Mexico on April 25,
2005, which incorporates a new regulation related to minor NSR
preconstruction permitting for cotton ginning facilities that are minor
stationary sources with particulate matter emissions no more than 50
tons per year. The April 25, 2005, SIP submittal includes the
incorporation of the new Cotton Gin regulation in 20.2.66 of the New
Mexico Administrative Code (NMAC), also known as Part 66.
Our technical analysis of the April 25, 2005, SIP rule revision
submittal has found that the new Part 66, containing the Cotton Gin
regulation, meets the CAA and 40 CFR Part 51. Therefore, EPA is taking
direct final action to approve the incorporation of 20.2.66 NMAC, as
submitted on April 25, 2005, into the New Mexico minor NSR SIP. We
provide a summary of the reasoning comprising our evaluation in this
rulemaking, as well as, a more detailed evaluation and analysis in the
Technical Support Document (TSD) for this rulemaking.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. As explained in our TSD, we are finding this action
noncontroversial because the Cotton Gin regulation is an established
limited-scope regulation providing an alternative minor NSR
preconstruction permitting approach for cotton ginning facilities that
are minor stationary sources of particulate matter emissions. 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 August 13, 2012 without further notice
unless we receive relevant adverse comment by July 13, 2012. 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 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.

II. What did New Mexico submit?

A. April 25, 2005, SIP Revision Submittal

On April 25, 2005, the Governor of New Mexico submitted a revision
to incorporate 20.2.66 NMAC--Cotton Gins into the New Mexico SIP. This
submittal includes the following:
Addition of the following sections: 20.2.66.1 NMAC--
Issuing Agency; 20.2.66.2 NMAC--Scope; 20.2.66.3 NMAC--Statutory
Authority; 20.2.66.4 NMAC--Duration; 20.2.66.5 NMAC--Effective Date;
20.2.66.6 NMAC--Objective; 20.2.66.7 NMAC--Definitions; 20.2.66.9
NMAC--Documents; 20.2.66.200 NMAC--Issuance of Permit under 20.2.72
NMAC; 20.2.66.201 NMAC--Permit Application Requirements; and
20.2.66.202 NMAC--Permit Requirements.
Portions of the New Mexico Air Quality Control Act (AQCA),
specifically the 2003 amendments to Section 74-2-7(C) and (O), related
to permit issuance for cotton ginning facilities, as evidence of the
legal authority for the State to adopt 20.2.66 NMAC--Cotton Gins.
A summary of EPA's evaluation of the Cotton Gin regulation and the
basis for this action is discussed in section III of this preamble. The
TSD includes a detailed evaluation of the April 25, 2005, SIP
submittal.

B. What is the Cotton Gin regulation?

The Cotton Gin regulation, found in Part 66, provides an
alternative process for owners and operators of cotton ginning minor
stationary sources, as defined in Part 66, to obtain a minor NSR
preconstruction permit for particulate matter emissions. The New Mexico
Environmental Department (NMED) adopted 20.2.66 NMAC in

[[Page 35275]]

response to 2003 amendments to the New Mexico Air Quality Control Act
(AQCA), specifically, amendments to Sections 74-2-7(C) and (O). Sources
that meet the cotton ginning facility definition defined in
20.2.66.7(C) and that elect to apply for a minor NSR preconstruction
permit under Part 66, must meet the source-specific requirements
contained in the Part, which include application requirements and
permit requirements. A ``cotton ginning facility'' is defined in Part
66 as ``any facility that separates seed, lint, and trash from raw
cotton, and bales lint cotton for further processing.'' To meet the
definition of a ``cotton ginning facility,'' Part 66 also requires that
the facility have the standard industrial classification code 0724
(cotton ginning) and the North American industrial standard
classification code 11511 (cotton ginning). It must also have 50 tons
per year or less of particulate matter emissions. A source that obtains
a minor NSR preconstruction permit under Part 66 for its particulate
matter emissions is also required to meet the applicable requirements
contained in the SIP's 20.2.72 NMAC--Construction Permits (Part 72) to
obtain a minor preconstruction permit for its other emissions.
Part 66 specifies permit application requirements, particulate
matter emission control requirements, opacity limitations, fugitive
dust plan requirements, operating and location restrictions, and
inspection and recordkeeping requirements for cotton ginning facilities
seeking a minor preconstruction permit under 20.2.66 NMAC. The ``best
system'' to minimize particulate matter emissions was determined by
NMED to be, at a minimum, technical control standards such as screens
with a mesh size of 70 by 70 or finer (United States sieve) on low-
pressure exhausts, and high-efficiency cyclone dust collectors on high-
pressure exhausts. These control standards minimize particulate matter
emissions. The new regulation also establishes minimum setback distance
requirements for facilities obtaining a minor NSR preconstruction
permit under Part 66. These requirements are specific to the control of
emissions and minimization of impacts from particulate matter emissions
from cotton gins emitting 50 tons per year or less, including
particulate matter less than 10 microns in diameter (PM10)
and particulate matter less than 2.5 microns in diameter
(PM2.5). All other criteria pollutant emissions from cotton
gins are required to be addressed via the requirements of the Part 72
preconstruction minor NSR permitting program that already is in the New
Mexico SIP.

III. EPA's Evaluation

A. Technical Review of April 25, 2005, SIP Revision Submittal

The April 25, 2005, SIP revision submitted by New Mexico to
incorporate Part 66 in the State's minor NSR SIP establishes an
alternative minor NSR preconstruction permitting approach for cotton
gins that are minor sources of 50 tons per year or less of particulate
matter emissions. The alternative minor NSR preconstruction permitting
process contained in the Cotton Gin regulation provides cotton ginning
facilities with an option to obtain a minor NSR preconstruction permit
via the current minor NSR SIP's preconstruction case-by-case permitting
program (Part 72) for all its emissions or to obtain a SIP Part 72
minor NSR preconstruction permit for all of its emissions except for
its particulate matter emissions, for which it can obtain a minor NSR
preconstruction permit via the alternative process contained in Part
66. As previously mentioned, those cotton gin sources obtaining a minor
NSR permit under Part 66 for their particulate matter emissions must
also meet the applicable requirements of the SIP's Part 72 for all
their other emissions. The Part 66 minor NSR preconstruction permitting
process addresses particulate matter emissions from minor source cotton
gins without requiring an air quality impact analysis demonstration,
while the SIP's Part 72 rule addresses case-by-case preconstruction
permitting determinations for all sources for all emissions and
requires an analysis of the predicted air quality impact that generally
is met by air dispersion modeling. As discussed later, EPA is finding
that the submitted Part 66 is protective of the NAAQS and therefore no
case-by-case air quality impact analysis is required for cotton gins
covered under this rule.
As detailed in the TSD, the April 25, 2005, SIP submittal meets the
completeness criteria established in 40 CFR part 51, Appendix V. In
addition to the completeness review, the Cotton Gin regulation SIP
submittal was evaluated against the applicable requirements contained
in the Act and 40 CFR part 51. Section 110(a)(2)(C) of the Act
requires, in part, that each implementation plan include a program to
regulate the construction and modification of stationary sources,
including a permit program as required by parts C and D of Title I of
the Act, as necessary to assure that the NAAQS are achieved. Parts C
and D, which pertain to prevention of significant deterioration (PSD)
and nonattainment, respectively, address major NSR programs for
stationary sources, and the permitting program for ``nonmajor'' (or
``minor'') stationary sources is also addressed by section 110(a)(2)(C)
of the Act. We generally refer to the latter program as the ``minor
NSR'' program. A minor stationary source is a source whose ``potential
to emit'' is lower than the major source applicability threshold for a
particular pollutant defined in the applicable major NSR program.
EPA's implementing regulations for minor NSR SIP revision
submissions required by section 110(a)(2)(C) are found at 40 CFR 51.160
and are intended to ensure that new source growth is consistent with
maintenance of the NAAQS. Therefore, we evaluated the submitted new
rule using the federal regulations under CAA section 110(a)(2)(C),
which require each State to include a minor NSR program in its SIP. EPA
regulations require that a minor NSR program include:
A plan that ``must set forth legally enforceable
procedures that enable'' the permitting agency to determine whether a
minor source will cause or contribute to a violation of applicable
portions of the control strategy, 40 CFR 51.160(a)(1), or interference
with attainment or maintenance of a NAAQS within the state or a
neighboring state, 40 CFR 51.160(a)(2).
The procedures must provide for the submission, by the
applicant, of such information on:
(1) The nature and amounts of emissions to be emitted by it or
emitted by associated mobile sources;
(2) The location, design, construction, and operation of such
facility, building, structure, or installation as may be necessary to
permit the State or local agency to make the determination referred to
in paragraph (a) of this section, 40 CFR 51.160(c) .
The procedures must identify types and sizes of affected
entities subject to review and must discuss ``the basis for determining
which facilities will be subject to review,'' 40 CFR 51.160(e).
The provisions contained in the Cotton Gin regulation SIP submittal
meet the requirements in 40 CFR 51.160(a)(1) and (2) that each plan
include legally enforceable procedures to determine whether the
construction or modification of a facility, building, structure, or
installation, or the combination of these will result in: (1) A
violation of the applicable portions of the control strategy; or (2)
interference with attainment or maintenance of a

[[Page 35276]]

national standard in the state in which the proposed source (or
modification) is located or in a neighboring state. See our TSD and
section III.B of this notice for more details regarding how the Cotton
Gin regulation complies with these requirements.
The Cotton Gin regulation SIP revision also meets the 40 CFR
51.160(c) requirements by requiring sources that apply for a minor NSR
preconstruction permit using the alternative approach contained in Part
66 to provide information regarding the nature and amounts of emissions
to be emitted and the location, design, construction, and operation of
the facility in accordance with permit application requirements
contained in Part 72. The minor NSR preconstruction permitting program
contained in Part 72 is already part of the New Mexico SIP. The permit
application content requirements are contained in Section 203 of Part
72 and are referenced as requirements of Part 66 in Section 201(A) of
that Part.
The April 25, 2005, SIP revision also meets the 40 CFR 51.160(e)
requirements by identifying the type of facility that will be subject
to review under 40 CFR 51.160(a). New Mexico specifically identified
that cotton ginning facilities meeting the definition contained in Part
66 may elect to utilize the alternative minor NSR permitting process
contained in the Cotton Gin regulation. This includes the requirement
that the cotton gin be a minor stationary source emitting 50 tons per
year or less of particulate matter. The major source threshold for
particulate matter for cotton ginning facilities is 250 tons per year.
Cotton ginning facilities not meeting the definition are not allowed to
utilize the alternative minor NSR permitting approach contained in Part
66. See the TSD for more details regarding our technical review of the
April 25, 2005, SIP revision submittal.
40 CFR 51.160 requires that the minor NSR SIP revision submittal be
enforceable. In particular, 40 CFR 51.160(a) requires that the SIP
revision be enforceable in order to ensure that the issuance of the
minor NSR permit will not cause or contribute to a violation of any SIP
control strategy and will not interfere with attainment and maintenance
of the NAAQS. The September 23, 1987, Memorandum from J. Craig Potter,
Assistant Administrator for Air and Radiation, and Thomas L. Adams Jr.,
Assistant Administrator for Enforcement and Compliance Monitoring,
entitled ``Review of State Implementation Plans and Revisions for
Enforceability and Legal Sufficiency'' provides EPA's guidance for
assessing whether a SIP revision submittal is sufficiently enforceable.
We find that the new regulation meets the requirements of section 40
CFR 51.160(a), which requires that SIP revision submittals be
enforceable. The submitted regulation specifically identifies the
covered source; ensures that the permit issued by NMED will contain
specific limits to ensure that the cotton gin's potential to emit
remains below major source thresholds for particulate matter emissions;
and includes monitoring, recordkeeping, and reporting (MRR) provisions
that establish how compliance will be determined and ensure that the
PM10 and PM2.5 NAAQS are protected. For these
reasons, EPA finds that the submitted regulation will ensure attainment
and maintenance of the particulate matter NAAQS and will prevent
violations of any of the New Mexico SIP's control strategies. Under
this submitted regulation, the State is able to determine if there will
be an adverse impact on air quality.
EPA has recognized, for certain classes of sources, that it is
appropriate for states to establish enforceable emission limits that
serve to limit potential to emit through exclusionary rules that apply
to certain source categories. See, Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, Office of Air Quality
Planning and Standards (OAQPS) entitled ``Guidance for State Rules for
Optional Federally-Enforceable Emissions Limits Based on Volatile
Organic Compound Use,'' dated October 15, 1993; See also, Memorandum
from John Seitz, Director, OAQPS entitled ``Approaches to Creating
Federally-Enforceable Emission Limits,'' dated November 3, 1993. EPA
also issued a guidance memorandum that provides guidance for addressing
the minor source status under the Act for lower-emitting sources in
eight source categories, including cotton gins. See, April 14, 1998,
Memorandum entitled, ``Potential to Emit (PTE) Guidance for Specific
Source Categories'' (hereinafter the 1998 memoranda). It provides
technical information useful in devising practicable enforceable PTEs
for small sources and identifies sources that are ``true minors.''
Although not an exclusionary rule, the practicable enforceability
criteria in the guidance memoranda serve as a way to measure whether
the submitted regulation is practicably enforceable and therefore can
ensure that issuance of the minor NSR permit will not cause or
contribute to a violation of any SIP control strategy and will not
interfere with attainment and maintenance of the NAAQS. The submitted
regulation clearly identifies the category of sources that qualify for
coverage. Moreover, EPA has found that cotton gins are technically
justified for a streamlined approach (the 1998 memoranda). The
regulation provides that a source notify the State of its coverage
under the regulation by submitting a preconstruction application. The
application must propose maximum allowable annual and hourly emissions
and include proposed limitations to hours of operation and other
limitations that will result in allowable emissions of no more than 50
tons per year. The NMED is authorized to modify any of the proposed
limitations and controls to be more stringent, as necessary to ensure
that applicable requirements are met. Therefore, the regulation ensures
that the applicable emission limits will be clearly specified by the
NMED in the issued permit. The rule also includes terms and conditions
for monitoring, recordkeeping, reporting, and testing requirements, as
appropriate. The applicant is required to comply with the limits in the
Part 66 issued permit. Violations of the emission threshold imposed by
the submitted regulation can constitute violations of permitting and
SIP requirements.\1\
---------------------------------------------------------------------------

\1\ Under 20.2.72.218 NMAC, any credible evidence may be used
for the purpose of establishing whether a person has violated or is
in violation of the terms or conditions of the permit. This
enforcement measure applies notwithstanding any other provisions in
the New Mexico SIP.
---------------------------------------------------------------------------

B. CAA 110(l) Analysis

Section 110(l) of the Clean Air Act states:

Each revision to an implementation plan submitted by a State
under this Act shall be adopted by such State after reasonable
notice and public hearing. The Administrator shall not approve a
revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in CAA section 171), or any other applicable
requirement of this Act.

Thus, under section CAA 110(l), this minor NSR SIP revision
submittal must not interfere with attainment, reasonable further
progress, or any other applicable requirement of the Act. EPA is
approving the revision to the New Mexico minor NSR SIP incorporating
the cotton gin minor NSR regulation because, based on our analysis, we
have found that Part 66 does not interfere with attainment, reasonable
further progress, or any other requirement of the Act.
As previously stated, the provisions contained in Part 66 include

[[Page 35277]]

requirements and operational restrictions for cotton ginning facilities
seeking a minor NSR permit that are specific to the control of
particulate matter emissions and minimization of impacts from those
emissions. All other pollutants will continue to be addressed via the
requirements of the SIP's Part 72 minor NSR preconstruction permitting
program. Therefore, EPA evaluated the Cotton Gin regulation for its
impact on attainment and reasonable further progress for
PM10 and PM2.5 in a CAA 110(l) analysis. The
submitted regulation only affects one specific source category, not
unrelated emission sources. Therefore, there will be no cumulative
effect of numerous unrelated sources. Moreover, there currently are
only four cotton gins operating in the State, and only one of these
four facilities has received the alternative minor NSR permit for its
particulate matter emissions. The cotton gin that received the
alternative minor NSR permit for its particulate matter emissions is
located in Dona Ana County, but it is outside the boundaries of the
Anthony PM10 nonattainment area. All four cotton gins are
minor stationary sources of particulate matter.
A cotton gin obtaining a minor NSR permit under this new rule must
meet, at a minimum, the technical equipment requirements and management
practices in the rule. All burr hoppers must be completely enclosed.
There can be no visible fugitive emissions from any door, vent, or
window. Emissions from the gin yard, storage piles, roads, and vehicles
must be controlled by watering, paving and cleaning, surfactants, or
other equivalent means. There are opacity limitations on the cyclones,
low pressure exhausts, and fuel-burning equipment. High pressure
exhausts must be controlled by the use of a high efficiency cyclone
dust collector and are subject to an opacity limitation. Low pressure
exhausts must be controlled by the use of screens with a mesh size of
70 by 70 or finer (United States sieve), or the use of perforated
condenser drums with holes not exceeding 0.045 inches in diameter and
are subject to an opacity limitation. There must be a posted speed
limit for all vehicles on unpaved haul roads and in unpaved yard areas
of 10 miles per hour or less. Fuel burning equipment is limited to
certain fuels. The NMED has the authority to require even more
stringent requirements than those set forth above. Furthermore, under
the submitted regulation, a cotton gin obtaining a minor NSR permit
under this regulation must be located at a minimum of 10 feet in all
directions from the facility's property boundary. The cotton gin must
also be at least 0.25 miles from any existing state park, recreation
area, or school and at least three miles from any Class I area. The
distance from the cotton gin to the property boundary must also meet
minimum requirements based on the facility's PM10 emissions.
These set back distance limitations are based upon the allowable
emissions rather than production rates, thereby encouraging gins to use
more stringent technical controls. The NMED has the authority to
establish a more stringent set back limitation in any issued permit
under this new rule, as necessary, to ensure that the facility will
meet all other applicable requirements.
The entire state of New Mexico was designated attainment for the
1997 PM2.5 NAAQS. Additionally, the entire state of New
Mexico was designated attainment for the 2006 PM2.5 NAAQS.
The only area designated nonattainment for the PM10 NAAQS in
New Mexico is Anthony, which is located in Dona Ana County. Dona Ana
County does contain cotton gins, but these gins are located outside the
boundaries of the Anthony designated nonattainment area. In New
Mexico's November 8, 1991 SIP revision for the Anthony PM10
nonattainment area, the State demonstrated that PM10
emissions from existing cotton gins located in Dona Ana County did not
have a significant impact on air quality in Anthony. As a result, New
Mexico did not include control requirements for any point sources,
including cotton gins, in its PM10 SIP revision for Anthony.
EPA approved the PM10 SIP for Anthony on September 9, 1993.
Annual emissions inventory information compiled by NMED for inventory
year 2002 shows that annual emissions of PM10 resulting from
cotton gins located in Dona Ana County are much less than the total
PM10 emissions from both agricultural and non-agricultural
emission sources in the county. The 2002 Dona Ana County emissions
inventory data also shows that annual emissions of PM2.5
from cotton gins are much less that the total PM2.5
emissions. There also is no new evidence that new minor source cotton
gins would have a significant impact on air quality in Anthony. There
is no evidence of growth in cotton gins since 1991, the date of the
PM10 SIP revision that EPA approved; in fact, at least two
cotton gins have permanently shut down. Therefore, we expect that the
impacts of PM10 emissions from cotton gins on air quality in
Dona Ana County, including in Anthony, would be small relative to the
impacts from other emission sources. Ginning activity in New Mexico,
including in Dona Ana County, is not expected to experience significant
growth from current activity levels. When the Cotton Gin regulation was
developed and adopted by New Mexico in 2005, seven commercial gins were
registered in New Mexico, with six of the registered gins actually
operating. Since 2005, three of these seven cotton gins have closed.
Only one of the remaining four cotton gins is located in Dona Ana
County. The current ginning capacity in New Mexico is more than
sufficient to handle the State's cotton production and annual trends
show decreasing cotton production since the State's adoption of the
Cotton Gin regulation. Moreover, of the four currently operational
cotton ginning facilities located in New Mexico, only one has received
a permit through the Part 66 permitting process. Furthermore, if a new
minor cotton gin source wished to construct in Dona Ana County and
applied for a permit via the Part 66 alternative minor NSR
preconstruction permitting process, the permit would limit the
emissions of PM10 or PM2.5 to not more than 50
tons per year.
For all other areas of New Mexico located outside of the Anthony
PM10 nonattainment area, the Cotton Gin regulation is
evaluated to determine if the SIP revision submission will interfere
with attainment for PM2.5 or PM10. As previously
mentioned, based on the State's current ginning capacity and cotton
production trends, cotton ginning activity in New Mexico is not
expected to experience significant growth from current activity levels.
If a new minor cotton gin source is to be located in New Mexico, and
the owner chooses the Part 66 alternative method, the cotton gin
facility must apply for a minor NSR preconstruction permit under Part
66 and the permit will limit the emissions of particulate matter to not
more than 50 tons per year. In addition, a source applying for a minor
preconstruction permit under Part 66 is required to meet at a minimum
the control requirements contained in the Cotton Gin regulation, which
include control equipment requirements for high and low pressure
exhausts, opacity limitations, implementation requirements for a
fugitive dust management plan, fuel usage limitations for any fuel
burning equipment, and location restrictions based on the facility's
emission rates. Prior to the adoption of Part 66, New Mexico did not
have specific regulations or control requirements for cotton ginning
facilities. Instead, control requirements for new and modified cotton
ginning facilities were established through the

[[Page 35278]]

existing case-by-case preconstruction permitting program in the SIP
(Part 72 for minor sources). The adoption of Part 66 establishes
specific control requirements for particulate matter emissions that are
not contained in the current New Mexico SIP for cotton ginning
facilities seeking a minor preconstruction permit via the alternative
minor NSR preconstruction permit approach. New Mexico also retains the
authority and procedures to amend the Part 66 Cotton Gin regulation if
federal standards or requirements change and the Cotton Gin regulation
is no longer adequate to ensure that applicable requirements are met.
Our evaluation of the April 25, 2005, SIP submittal with respect to
both PM10 nonattainment and attainment areas and to
PM2.5 impacts demonstrates compliance with section 110(l) of
the CAA and provides further basis for approval of this SIP revision.

IV. Final Action

EPA is taking direct final action to approve the revision to the
New Mexico SIP submitted on April 25, 2005. Specifically, EPA is
approving the incorporation of the new Cotton Gin regulation in 20.2.66
NMAC, which establishes an alternative minor NSR preconstruction
permitting process for issuing air quality permits to cotton ginning
facilities for particulate matter emissions. EPA is finding that the
revisions to the New Mexico Air Quality Control Act (AQCA) contained in
the April 25, 2005, submittal, specifically the 2003 amendments to
Section 74-2-7(C) and (O), related to permit issuance for cotton
ginning facilities, provide sufficient legal authority for the NMED to
adopt and enforce the 20.2.66 NMAC. See 40 CFR 51.230 and 50.231.
EPA is not acting on other severable portions of the April 25,
2005, SIP submittal.\2\ Specifically, EPA is not taking action on the
revisions submitted on April 25, 2005, to 20.2.72 NMAC--Construction
Permits; 20.2.73 NMAC--Notice of Intent and Emissions Inventory
Requirements; and 20.2.75 NMAC--Construction Permit Fees. These
revisions have been or will be addressed by EPA in separate SIP
revision reviews and rule actions.
---------------------------------------------------------------------------

\2\ By severable, we mean that the portions of the SIP revisions
related to the Cotton Gin regulation can be implemented
independently of the remaining portions of the submittal, without
affecting the stringency of the submitted rules. In addition, the
remaining portions of the submittal are not necessary for approval
of the provisions of 20.2.66 NMAC.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 13, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: May 30, 2012.
Samuel Coleman,
Acting Regional Administrator, EPA Region 6.

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 table in section 52.1620(c) entitled ``EPA Approved New Mexico
Regulations'' is amended by adding a new entry for Part 66 (20.2.66
NMAC) in numerical order by part number to read as follows.

[[Page 35279]]

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 66........................ Cotton Gins....... 4/7/2005.......... 6/13/2012 [Insert
FR page number
where document
begins].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2012-14154 Filed 6-12-12; 8:45 am]
BILLING CODE 6560-50-P

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