Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Infrastructure and Interstate Transport Requirements for the 2006 PM2.5, 4337-4339 [2013-00731]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2009–0710; FRL–9770–9]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Infrastructure and Interstate
Transport Requirements for the 2006
PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
tkelley on DSK3SPTVN1PROD with
VerDate Mar<15>2010
17:36 Jan 18, 2013
Jkt 229001
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
EPA is approving the
submittal from the State of New Mexico
pursuant to the Clean Air Act (CAA or
Act) that addresses the infrastructure
elements specified in the CAA
necessary to implement, maintain, and
enforce the 2006 fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS or standard). The
submittal addresses the infrastructure
elements specified in the CAA
necessary to implement, maintain and
enforce the 2006 PM2.5 NAAQS. We find
that the current New Mexico State
Implementation Plan (SIP) contains the
infrastructure elements for the 2006
PM2.5 NAAQS.
DATES: This final rule is effective on
February 21, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2009–0710. All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure 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
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. 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 or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a fee of 15 cents per page for making
photocopies of documents. On the day
of the visit, please check in at the EPA
SUMMARY:
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT: Mr.
John Walser, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–7128; fax number
214–665–6762; email address
walser.john@epa.gov.
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
The background for today’s action is
discussed in detail in our October 12,
2012 proposal (77 FR 62191). In that
notice we proposed to approve the
submittal from New Mexico that
addresses the infrastructure elements
specified in the CAA section 110(a)(2),
necessary to implement, maintain, and
enforce the 2006 PM2.5 standards. The
submittal is dated June 12, 2009. We
proposed to find that the following
section 110(a)(2) elements are contained
in the current New Mexico SIP and
provide the infrastructure for
implementing the 2006 PM2.5 standards:
Emission limits and other control
measures (section 110(a)(2)(A)); ambient
air quality monitoring/data system
(section 110(a)(2)(B)); the program for
enforcement of control measures
(section 110(a)(2)(C)); international and
interstate pollution abatement (section
110(a)(2)(D)(ii)); adequate resources
(section 110(a)(2)(E)); stationary source
monitoring system (section 110(a)(2)(F));
emergency power (section 110(a)(2)(G));
future SIP revisions (section
110(a)(2)(H)); consultation with
government officials (section
110(a)(2)(J)); public notification (section
110(a)(2)(J)); prevention of significant
deterioration (PSD) and visibility
protection (section 110(a)(2)(J)); air
quality modeling data (section
110(a)(2)(K)); permitting fees (section
110(a)(2)(L)); and consultation/
participation by affected local entities
(section 110(a)(2)(M)).
In addition, we proposed to find that
New Mexico has adequately addressed
one of the four required elements (or
prongs) of CAA section 110(a)(2)(D)(i),
the element which requires that the SIP
prohibit air emissions from sources
within a state from interfering with
measures required to prevent significant
deterioration of air quality in any other
state. We are determining that emissions
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
4337
from sources in New Mexico (excluding
Bernalillo County and Indian country)
do not interfere with measures to
prevent significant deterioration of air
quality in any other state for the 2006
PM2.5 NAAQS (CAA section
110(a)(2)(D)(i)(II)).
Our October 12, 2012 proposal
provides a detailed description of all
relevant submittals and the rationale for
EPA’s proposed actions, together with a
discussion of the opportunity to
comment. The public comment period
for this action closed on November 13,
2012, and we did not receive any
comments. In a separate concurrent
action also dated October 12, 2012, EPA
proposed approval of SIP revisions that
revised the state’s PSD and
Nonattainment New Source Review
(NNSR) permitting regulations to
address the requirements necessary to
implement the 2006 PM2.5 NAAQS (see
Docket ID EPA–R06–OAR–2011–033).
That action will be finalized on or
before this final action to allow full
approval of the CAA section 110(a)(2)(c)
infrastructure requirements.
II. Final Action
We are approving the submittal
provided by the State of New Mexico to
demonstrate that the New Mexico SIP
meets the infrastructure elements for the
2006 PM2.5 NAAQS listed below:
Emission limits and other control
measures (110(a)(2)(A) of the Act);
Ambient air quality monitoring/data
system (110(a)(2)(B) of the Act);
Program for enforcement of control
measures (110(a)(2)(C) of the Act);
Interstate and international transport
(110(a)(2)(D)(ii) of the Act);
Adequate resources (110(a)(2)(E) of the
Act);
Stationary source monitoring system
(110(a)(2)(F) of the Act);
Emergency power (110(a)(2)(G) of the
Act);
Future SIP revisions (110(a)(2)(H) of the
Act);
Consultation with government officials
(110(a)(2)(J) of the Act);
Public notification (110(a)(2)(J) of the
Act);
Prevention of significant deterioration
and visibility protection (110(a)(2)(J)
of the Act);
Air quality modeling data (110(a)(2)(K)
of the Act);
Permitting fees (110(a)(2)(L) of the Act);
and
Consultation/participation by affected
local entities (110(a)(2)(M) of the Act).
E:\FR\FM\22JAR1.SGM
22JAR1
4338
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations
We are approving the portion of the
New Mexico submittal that addresses
the requirement of section
(110)(a)(2)(D)(i)(II) of the Act that
emissions from sources in New Mexico
do not interfere with measures required
in the SIP of any other state under part
C of the Act regarding PSD for the 2006
PM2.5 NAAQS.
EPA is approving these revisions in
accordance with section 110 and part C
of the Act and EPA’s regulations and
consistent with EPA guidance. EPA’s
approval does not extend to areas
within Indian country as defined in 18
U.S.C. Section 1151. EPA, or eligible
Indian tribes, as appropriate, will retain
jurisdiction and responsibilities under
the Clean Air Act, Section 110 within
Indian country.
III. Statutory and Executive Order
Reviews
tkelley on DSK3SPTVN1PROD with
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
VerDate Mar<15>2010
17:36 Jan 18, 2013
Jkt 229001
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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 25, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: January 3, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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. Section 52.1620(e) is amended by
adding a new entry at the end of the
second table entitled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico
SIP’’ to read as follows:
■
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\22JAR1.SGM
22JAR1
*
*
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations
4339
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
Infrastructure for 2006 PM2.5
and Interstate Transport regarding noninterference with
other states’ programs for
PSD for the 2006 PM2.5
NAAQS.
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0033; FRL–9770–8]
Approval and Promulgation of
Implementation Plans; New Mexico;
Revisions to the New Source Review
(NSR) State Implementation Plan (SIP);
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NNSR) Permitting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving revisions to
the New Mexico SIP to update the New
Mexico NNSR and PSD SIP permitting
programs consistent with federal
requirements. EPA finds that these
revisions to the New Mexico SIP meet
the Federal Clean Air Act (the Act or
CAA) and EPA regulations, and are
consistent with EPA policies. New
Mexico submitted the PSD and NNSR
SIP permitting revisions in two SIP
submittals on June 11, 2009 and May 23,
2011. EPA is finalizing this action under
section 110 and parts C and D of the
Act.
DATES: This final rule will be effective
February 21, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0033. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure 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
tkelley on DSK3SPTVN1PROD with
SUMMARY:
17:36 Jan 18, 2013
Jkt 229001
EPA approval date
*
Statewide, except for
Bernalillo County and Indian country.
[FR Doc. 2013–00731 Filed 1–18–13; 8:45 am]
VerDate Mar<15>2010
State
submittal/
effective
date
6/12/2009
Table of Contents
I. Background for Final Action
II. Final Action
III. Statutory and Executive Order Reviews
I. Background for Final Action
The background for today’s action is
discussed in detail in our October 12,
2012 proposal (77 FR 62200). In that
notice we proposed to approve portions
of two submittals from New Mexico,
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
*
1/22/2013 [Insert FR page
number where document
begins].
either electronically at
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. 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 or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a fee of 15 cents per page for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202.
The State submittal is also available
for public inspection during official
business hours by appointment: New
Mexico Environment Department, Air
Quality Bureau, 1301 Siler Road,
Building B, Santa Fe, New Mexico
87502.
FOR FURTHER INFORMATION CONTACT: Ms.
Adina Wiley, Air Permits Section (6PD–
R), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
214–665–2115; fax number 214–665–
6762; email address
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Explanation
*
Approval for 110(a)(2)(A), (B),
(C), (D)(i)(II) (PSD portion),
(D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M).
dated June 11, 2009 and May 23, 2011,
that update the New Mexico
Nonattainment New Source Review
(NNSR) and Prevention of Significant
Deterioration (PSD) permitting SIP rules
consistent with federal requirements.
Specifically, these SIP submittals
address federal PSD and NNSR
permitting requirements promulgated in
EPA’s Phase 2 8-hour Ozone
Implementation Rule (70 FR 71612,
November 29, 2005), NSR PM2.5 Rule
(73 FR 28321, May 16, 2008), PM2.5 PSD
Increment—Significant Impact Levels
(SILs)—Significant Monitoring
Concentration (SMC) Rule (75 FR 64864,
October 20, 2010) and Reasonable
Possibility in Recordkeeping Rule (72
FR 72607, December 21, 2007).
Our October 12, 2012 proposal
provides a detailed description of all
relevant submittals and the rationale for
EPA’s proposed actions, together with a
discussion of the opportunity to
comment. The public comment period
closed for this action on November 13,
2012; we did not receive any comments.
II. Final Action
EPA is approving portions of two
revisions to the New Mexico SIP
submitted by the Governor of New
Mexico on June 11, 2009 and May 23,
2011. EPA has made the determination
that the submitted regulations are
approvable in accordance with section
110 and parts C and D of the Act and
EPA’s regulations, and consistent with
EPA guidance. EPA is approving
revisions to Part 74 of the New Mexico
Administrative Code (NMAC), Title 20
(Environment Protection), Chapter 2
(Air Quality) except for revisions to
20.2.74.303(A) NMAC submitted on
May 23, 2011. EPA is approving
revisions to Part 79 NMAC, Title 20,
Chapter 2 submitted on June 11, 2009
and May 23, 2011.
Specifically, EPA is approving the
following revisions to Part 74 submitted
on May 23, 2011. These revisions satisfy
E:\FR\FM\22JAR1.SGM
22JAR1
]]>Agencies
[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Rules and Regulations]
[Pages 4337-4339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00731]
[[Page 4337]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2009-0710; FRL-9770-9]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Infrastructure and Interstate Transport Requirements for
the 2006 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the submittal from the State of New Mexico
pursuant to the Clean Air Act (CAA or Act) that addresses the
infrastructure elements specified in the CAA necessary to implement,
maintain, and enforce the 2006 fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS or
standard). The submittal addresses the infrastructure elements
specified in the CAA necessary to implement, maintain and enforce the
2006 PM2.5 NAAQS. We find that the current New Mexico State
Implementation Plan (SIP) contains the infrastructure elements for the
2006 PM2.5 NAAQS.
DATES: This final rule is effective on February 21, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2009-0710. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure 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 www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. 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 or Mr. Bill Deese at 214-665-7253
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a fee of
15 cents per page for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT: Mr. John Walser, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7128; fax number
214-665-6762; email address walser.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
The background for today's action is discussed in detail in our
October 12, 2012 proposal (77 FR 62191). In that notice we proposed to
approve the submittal from New Mexico that addresses the infrastructure
elements specified in the CAA section 110(a)(2), necessary to
implement, maintain, and enforce the 2006 PM2.5 standards.
The submittal is dated June 12, 2009. We proposed to find that the
following section 110(a)(2) elements are contained in the current New
Mexico SIP and provide the infrastructure for implementing the 2006
PM2.5 standards: Emission limits and other control measures
(section 110(a)(2)(A)); ambient air quality monitoring/data system
(section 110(a)(2)(B)); the program for enforcement of control measures
(section 110(a)(2)(C)); international and interstate pollution
abatement (section 110(a)(2)(D)(ii)); adequate resources (section
110(a)(2)(E)); stationary source monitoring system (section
110(a)(2)(F)); emergency power (section 110(a)(2)(G)); future SIP
revisions (section 110(a)(2)(H)); consultation with government
officials (section 110(a)(2)(J)); public notification (section
110(a)(2)(J)); prevention of significant deterioration (PSD) and
visibility protection (section 110(a)(2)(J)); air quality modeling data
(section 110(a)(2)(K)); permitting fees (section 110(a)(2)(L)); and
consultation/participation by affected local entities (section
110(a)(2)(M)).
In addition, we proposed to find that New Mexico has adequately
addressed one of the four required elements (or prongs) of CAA section
110(a)(2)(D)(i), the element which requires that the SIP prohibit air
emissions from sources within a state from interfering with measures
required to prevent significant deterioration of air quality in any
other state. We are determining that emissions from sources in New
Mexico (excluding Bernalillo County and Indian country) do not
interfere with measures to prevent significant deterioration of air
quality in any other state for the 2006 PM2.5 NAAQS (CAA
section 110(a)(2)(D)(i)(II)).
Our October 12, 2012 proposal provides a detailed description of
all relevant submittals and the rationale for EPA's proposed actions,
together with a discussion of the opportunity to comment. The public
comment period for this action closed on November 13, 2012, and we did
not receive any comments. In a separate concurrent action also dated
October 12, 2012, EPA proposed approval of SIP revisions that revised
the state's PSD and Nonattainment New Source Review (NNSR) permitting
regulations to address the requirements necessary to implement the 2006
PM2.5 NAAQS (see Docket ID EPA-R06-OAR-2011-033). That
action will be finalized on or before this final action to allow full
approval of the CAA section 110(a)(2)(c) infrastructure requirements.
II. Final Action
We are approving the submittal provided by the State of New Mexico
to demonstrate that the New Mexico SIP meets the infrastructure
elements for the 2006 PM2.5 NAAQS listed below:
Emission limits and other control measures (110(a)(2)(A) of the Act);
Ambient air quality monitoring/data system (110(a)(2)(B) of the Act);
Program for enforcement of control measures (110(a)(2)(C) of the Act);
Interstate and international transport (110(a)(2)(D)(ii) of the Act);
Adequate resources (110(a)(2)(E) of the Act);
Stationary source monitoring system (110(a)(2)(F) of the Act);
Emergency power (110(a)(2)(G) of the Act);
Future SIP revisions (110(a)(2)(H) of the Act);
Consultation with government officials (110(a)(2)(J) of the Act);
Public notification (110(a)(2)(J) of the Act);
Prevention of significant deterioration and visibility protection
(110(a)(2)(J) of the Act);
Air quality modeling data (110(a)(2)(K) of the Act);
Permitting fees (110(a)(2)(L) of the Act); and
Consultation/participation by affected local entities (110(a)(2)(M) of
the Act).
[[Page 4338]]
We are approving the portion of the New Mexico submittal that
addresses the requirement of section (110)(a)(2)(D)(i)(II) of the Act
that emissions from sources in New Mexico do not interfere with
measures required in the SIP of any other state under part C of the Act
regarding PSD for the 2006 PM2.5 NAAQS.
EPA is approving these revisions in accordance with section 110 and
part C of the Act and EPA's regulations and consistent with EPA
guidance. EPA's approval does not extend to areas within Indian country
as defined in 18 U.S.C. Section 1151. EPA, or eligible Indian tribes,
as appropriate, will retain jurisdiction and responsibilities under the
Clean Air Act, Section 110 within Indian country.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 25, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 3, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
2. Section 52.1620(e) is amended by adding a new entry at the end of
the second table entitled ``EPA Approved Nonregulatory Provisions and
Quasi-Regulatory Measures in the New Mexico SIP'' to read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(e) * * *
[[Page 4339]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for 2006 PM2.5 and Statewide, except 6/12/2009 1/22/2013 [Insert Approval for
Interstate Transport regarding for Bernalillo FR page number 110(a)(2)(A), (B),
noninterference with other County and Indian where document (C), (D)(i)(II)
states' programs for PSD for the country. begins]. (PSD portion),
2006 PM2.5 NAAQS. (D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-00731 Filed 1-18-13; 8:45 am]
BILLING CODE 6560-50-P
