Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Grant County Sulfur Dioxide Limited Maintenance Plan, 41900-41904 [2014-16818]
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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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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: July 1, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as set
forth below:
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 AA—Missouri
§ 52.1320
[Amended]
2. In § 52.1320 the table in paragraph
(c) is amended by removing the entry for
10–3.010.
■
[FR Doc. 2014–16806 Filed 7–17–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R06–OAR–2013–0764; FRL–9913–94–
Region–6]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Grant County Sulfur Dioxide
Limited Maintenance Plan
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Direct final rule.
The Environmental Protection
Agency (EPA) is approving a limited
maintenance plan submitted by the
State of New Mexico, dated November
1, 2013, for the Grant County
maintenance area for the 1971 sulfur
dioxide (SO2) National Ambient Air
Quality Standard (NAAQS). New
Mexico submitted this limited
maintenance plan to fulfill the second
10-year maintenance plan requirement,
under section 175A(b) of the Clean Air
Act (CAA or the Act), to ensure
maintenance of the 1971 SO2 NAAQS
through 2025. The EPA is approving the
maintenance plan pursuant to the CAA.
DATES: This rule is effective on
September 16, 2014 without further
notice, unless EPA receives relevant
adverse comment by August 18, 2014. 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–2013–0764, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions.
• Email: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Mail or Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2013–
0764. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means 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
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
SUMMARY:
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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 and with any
disk or CD–ROM you submit. 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, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index and in hard copy at EPA Region
6, 1445 Ross Avenue, Suite 700, Dallas,
Texas. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available at either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
FOR FURTHER INFORMATION CONTACT: Ms.
Dayana Medina (6PD–L), Air Planning
Section, telephone (214) 665–7241, fax
(214) 665–6762, email: medina.dayana@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. Background
II. Evaluation of New Mexico’s Submittal
A. Has the State demonstrated that Grant
County qualifies for the Limited
Maintenance Plan option?
B. Elements of a Limited Maintenance Plan
for SO2
1. Attainment Emissions Inventory
2. Demonstration of Maintenance
3. Monitoring Network, Verification of
Continued Attainment, and New
Mexico’s Request To Discontinue the
SO2 Hurley Monitor
4. Contingency Plan
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On September 11, 1978 (43 FR 40412),
the EPA designated a portion of Grant
County, New Mexico as a nonattainment
area for the 1971 SO2 NAAQS 1 under
Section 107 of the CAA. The area that
was designated nonattainment is located
within the Air Quality Control Region
1 36
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FR 8186 (April 30, 1971).
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(AQCR) No. 012, and consists of a 3.5
mile radius surrounding the former
Kennecott Copper Corporation (now
called the Chino Mines-Hurley Facility)
and land above 6470 feet Mean Sea
Level within an 8 mile radius of the
Hurley Smelter, which is part of the
Chino Mines-Hurley Facility in Hurley,
New Mexico. Emissions from this
source caused the violations of the SO2
NAAQS that resulted in the area being
designated nonattainment. EPA
approved the attainment SIP for the
Grant County SO2 nonattainment area
on May 5, 1982 (47 FR 19332).
On February 21, 2003, New Mexico
submitted a request that the Grant
County nonattainment area be
redesignated to attainment for the 1971
SO2 NAAQS. Along with this request,
the state submitted a maintenance plan
which demonstrated that the area was
expected to stay in attainment of the
1971 SO2 NAAQS for the initial
maintenance period through 2015. The
EPA approved the redesignation request
and the maintenance plan on September
18, 2003 (68 FR 54672).
Section 175A(b) of the Act as
amended in 1990 requires the state to
submit a subsequent maintenance plan
covering a second ten-year period to
EPA eight years after designation to
attainment. To fulfill this requirement of
the Act, New Mexico submitted the
second ten-year update of the SO2
maintenance plan to EPA on November
1, 2013. The limited maintenance plan
SIP revision demonstrates that the area
is expected to stay in attainment of the
1971 SO2 NAAQS through 2025. The
revision also requests to discontinue the
only SO2 monitor in the Grant Country
maintenance area (the Hurley monitor,
AQS ID 35–017–0003–42401–1) in light
of the negligible SO2 concentrations
measured at the monitor, and to
implement an alternative SO2
monitoring methodology in its place.
This action is being taken with respect
to the 1971 24-hour SO2 NAAQS. This
action does not address the 2010 1 hour
SO2 Standard but we note that
concentrations measured on a 1 hour
basis are also quite low.
II. Evaluation of New Mexico’s
Submittal
On November 1, 2013, the State of
New Mexico submitted a revision to the
New Mexico SIP. This revision provides
the second 10-year update to the
maintenance plan for the area, as
required by the section 175A(b) of the
Act. The purpose of this plan is to
ensure continued maintenance of 1971
SO2 NAAQS in Grant County by
demonstrating that future emissions of
this criteria pollutant are expected to
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remain at or below emission levels
necessary for continued attainment of
the 1971 SO2 NAAQS. Since there are
few specific content requirements
defined in section 175A of the Act for
maintenance plans, EPA has exercised
its discretion to make available the
option of submitting a Limited
Maintenance Plan for areas that can
make a demonstration of consistent air
quality at or below 85% of the SO2
NAAQS. EPA has developed guidance
memoranda on Limited Maintenance
Plan options that are specific to the
ozone, particulate matter with an
aerodynamic diameter less than 10
microns (PM10), and carbon monoxide
NAAQS.2 Consistent with EPA’s policy
for limited maintenance plans as
presented in those guidance
memoranda, EPA here has the authority
to exercise its reasonable discretion and
conclude that a limited maintenance
plan option is justifiable and
appropriate in this case for the SO2
NAAQS. New Mexico has opted to
develop a Limited Maintenance Plan for
the Grant County SO2 maintenance area
to fulfill the second 10-year
maintenance period required by the Act.
Our evaluation of the Grant County SO2
Limited Maintenance Plan is presented
below.
A. Has the State demonstrated that
Grant County Qualifies for the Limited
Maintenance Plan option?
Following the approach presented in
our guidance memoranda, we believe it
appropriate for a limited maintenance
plan for SO2 option to be available for
a State that demonstrates that the design
values for SO2 in the maintenance area
are at, or below, 85 percent of the 24hour SO2 NAAQS or 0.119 parts per
million (ppm). To support use of this
option, the area’s design value should
not exceed the 0.119 ppm threshold
throughout the entire rulemaking
process. There is currently only one
monitor located in the Grant County
maintenance area, the Hurley, New
Mexico monitor (AQS ID 35–017–0003–
42401–1). This monitor has been
operating since 1997 and EPA
determined in a letter to NMED dated
August 26, 2002, that the Hurley
2 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, Office of Air Quality Planning and
Standards, dated November 16, 1994; ‘‘Limited
Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas’’ from Joseph Paisie, Office of
Air Quality Planning and Standards, dated October
6, 1995; and ‘‘Limited Maintenance Plan Option for
Moderate PM10 Nonattainment Areas’’ from Lydia
Wegman, Office of Air Quality Planning and
Standards, dated August 9, 2001. Copies of these
guidance memoranda can be found in the docket for
this proposed rulemaking.
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monitor was placed where modeling
indicated the highest SO2
concentrations were likely to occur. For
this submission, the state provided data
showing that the SO2 design value for
the 24-hour SO2 NAAQS (0.14 part per
million (ppm)) has been 0.0 ppm for
each of the five most recent years (2007–
2011) for which certified ambient air
quality data is available for the Hurley
monitor. These values are clearly below
the 85% threshold, demonstrating that
the Grant County maintenance area is
suitable for a Limited Maintenance Plan
option. Consistent with past contexts
where a limited maintenance plan
option was deemed to be available, the
area does not have a recent history of
monitored violations nor any long prior
history of monitored air quality
problems.
B. Elements of a Limited Maintenance
Plan for SO2
A Limited Maintenance Plan
conventionally consists of several core
provisions: An attainment inventory, a
demonstration of maintenance of the
NAAQS, operation of a monitoring
network, a contingency provision, as
necessary, to promptly correct any
violation of the NAAQS.
1. Attainment Emissions Inventory
The State’s plan should include an
emissions inventory to identify the level
of emissions in the maintenance area
that is sufficient to attain the NAAQS.
The inventory should represent
emissions during the same five-year
period associated with air quality data
used to determine whether the area
meets the applicability requirements of
the limited maintenance plan option.
New Mexico’s Grant County Limited
Maintenance Plan submittal includes an
SO2 emissions inventory for Grant
County Title V sources and Minor Point
sources for the years 2007–2011. These
base years represent the most recent
emissions inventory data available and
are consistent with the data used to
determine applicability of the limited
maintenance plan option (i.e., design
values at, or below, 85 percent of the 24hour SO2 NAAQS). The source that
caused the violations of the SO2 NAAQS
that resulted in the area being
designated nonattainment, the former
Hurley Smelter, was dismantled and its
stacks removed in July 2006.3 The
3 The Hurley Smelter, a copper ore smelter that
was part of the Chino Mine-Hurley Facility located
in Hurley, New Mexico, was dismantled and its
stacks were removed in July 2006. The Chino MineHurley Facility modified its Title V and New
Source Review (NSR) permits to remove all
equipment associated with the former Hurley
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former Hurley Smelter was the only
major source of SO2 located within the
maintenance area boundary. There are
currently no major sources of SO2
located in the Grant County
maintenance area. There are currently
two Title V sources in Grant County
(both located outside of the Grant
County maintenance area): the Chino
Mine and the Tyrone Mine. The
combined actual SO2 emissions for the
two sources has been no more than 6.57
tons per year (tpy) for each of the years
2007–2011. The primary sources of SO2
emissions for both facilities are blasting
fugitives and diesel generator engines.
There are currently four minor point
sources located within the Grant County
maintenance area with combined
annual allowable SO2 emissions of 316
tpy for each of the years 2007–2011.
However, the actual SO2 emissions
generated by these sources are minimal.
This data supports New Mexico’s
conclusion that the control measures
contained in the original attainment
plan will continue to protect and
maintain the 1971 SO2 NAAQS.
2. Demonstration of Maintenance
EPA considers the maintenance
demonstration requirement satisfied if
the monitoring data show that the area
is meeting the air quality criteria for
limited maintenance areas (i.e., design
value at or below 0.119 parts per million
(ppm) or 85% of the 24-hour SO2
NAAQS). There is no requirement to
project emissions over the maintenance
period. Instead, EPA believes that if an
area is at or below 85 percent of
exceedance levels, the air quality along
with the continued applicability of PSD
requirements, any control measures
already in the SIP, and Federal
measures, should provide adequate
assurance of maintenance over the
remainder of the 10-year maintenance
period. As discussed above, the state
provided data showing that the SO2
design value for the 24-hour SO2
NAAQS (0.14 part per million (ppm))
has been 0.0 ppm for each of the five
most recent years (2007–2011) for which
certified ambient air quality data is
available for the Hurley monitor. These
values are well below the 85%
threshold, thus demonstrating the
appropriateness of a Limited
Maintenance Plan option for the Grant
County maintenance area.
When EPA approves a limited
maintenance plan, EPA is concluding
that an emissions budget may be treated
as essentially not constraining for the
Smelter. A copy of the revised permit issued on
May 23, 2007, is found in Appendix B of the State’s
submittal.
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length of the maintenance period
because it is unreasonable to expect that
such an area will experience so much
growth in that period that a violation of
the SO2 NAAQS would result.
3. Monitoring Network, Verification of
Continued Attainment, and New
Mexico’s Request To Discontinue the
SO2 Hurley Monitor
To verify the attainment status of the
area over the maintenance period, the
maintenance plan should contain
provisions for continued operation of an
appropriate, EPA-approved air quality
monitoring network, in accordance with
40 CFR part 58. Over the course of the
last 30 years, New Mexico has operated
four SO2 monitors in the Grant County
maintenance area. There have been no
monitored exceedances of the 1971 SO2
NAAQS in the Grant County
maintenance area since 1979. The
Hurley monitor (AIRS Monitor ID 35–
017–0003–42401–1), which has been in
operation since 1997, is the only SO2
monitor currently operating in the Grant
County maintenance area. EPA
determined in a letter to NMED dated
August 26, 2002, that the Hurley
monitor was placed where modeling
indicated the highest SO2 concentration
was likely to occur. Monitored SO2
concentrations have been negligible for
the most recent five years for which
certified ambient air quality data is
available, following the July 2006
dismantling of the Hurley Smelter,
which was the source originally
responsible for the violations of the SO2
NAAQS that resulted in the area being
designated nonattainment. The state
provided data from the Hurley monitor
showing that the SO2 design value for
the 24-hour SO2 NAAQS (0.14 part per
million (ppm)) has been 0.0 ppm for
each of the five most recent years (2007–
2011) for which certified ambient air
quality data was available.
In light of the limited number of SO2
emission sources, the limited amount of
SO2 emissions, and the negligible
monitored SO2 concentrations in the
Grant County maintenance area, New
Mexico is requesting to discontinue SO2
air monitoring within the maintenance
area, as currently required by its
maintenance plan, and to instead
implement an alternative SO2
monitoring methodology that does not
utilize a gaseous analyzer for
determining compliance with the SO2
NAAQS. The alternative SO2 monitoring
method will consist of using PSD and
Title V modeling and any required postconstruction monitoring for new and
modified air quality permits and an
annual emission review of all major SO2
sources located in the Grant County
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maintenance area. In the event that PSD
or Title V modeling, PSD or Title V
post-construction monitoring, or the
annual emissions review of major
sources within the maintenance area
indicate there is a significant increase in
SO2 emissions that may cause a
potential SO2 NAAQS violation, New
Mexico will reinstitute a gaseous SO2
monitor at the Hurley, NM monitoring
location (AIRS ID 35–017–0003–42401–
1) or at a site expected to read greater
SO2 levels than this site. If the
monitored SO2 values after one year are
at or below 50 percent of the 24-hour or
annual SO2 NAAQS, or both, the
monitor would again be removed and
the alternative SO2 monitoring
methodology reinstated. The process
would be repeated each time PSD or
Title V monitoring, PSD or Title V postconstruction monitoring, or the annual
emission review of major SO2 sources
within the maintenance area indicate a
potential SO2 NAAQS violation.
We accordingly find that with the
alternative SO2 monitoring methodology
in place, the Hurley monitor is no
longer required as part of the 24-hour
SO2 maintenance plan. By our approval,
the maintenance plan will not contain
any contingency measures to be
triggered by a monitored air quality
concentration. NMED may submit a
separate request for a system
modification (including a request for
discontinuation of a State or local air
monitoring station) for EPA’s review
and approval under the bases provided
in 40 CFR § 58.14. We find that the State
has satisfied the monitoring network
and verification of continued attainment
requirements for the limited
maintenance plan.
4. Contingency Plan
Section 175A(d) of the CAA requires
that a maintenance plan include
contingency provisions, as necessary, to
promptly correct any violation of the
NAAQS that occurs after the area is
redesignated to attainment. Under
section 175A(d), contingency measures
do not have to be fully adopted at the
time of redesignation. However, the
contingency plan is considered to be an
enforceable part of the SIP and should
ensure that the contingency measures
are adopted expeditiously once they are
triggered by a specified event. The
general approach for contingency
measures discussed in the limited
maintenance plan guidance memoranda
provide that the contingency provisions
should identify the measures to be
adopted, a schedule and procedure for
adoption and implementation, and a
specific time limit for action by the
State. However, the General Preamble
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for the Implementation of Title I of the
Act Amendments of 1990 (57 FR 13498)
states that SO2 provisions require
special considerations. A primary
reason is that SO2 control methods are
well established and understood.
Therefore, contingency measures for
SO2 need only consist of a
comprehensive program to identify
sources of violations of the SO2 NAAQS
and to undertake an aggressive followup for compliance and enforcement.
There are currently no major SO2
sources within the Grant County
maintenance area. In the event that an
SO2 source(s) moves into or within close
proximity to the Grant County SO2
maintenance area, New Mexico will
ensure that such source(s) will comply
with all applicable state and federal SO2
regulations and requirements. New
Mexico is also committing to maintain
a comprehensive compliance and
enforcement program to identify sources
of violation of the SO2 NAAQS within
the maintenance area and to undertake
aggressive follow up measures to ensure
compliance with the SO2 NAAQS. In
conformance with CAA section 175A(d),
New Mexico will also implement all
measures with respect to the control of
air pollutants concerned which were
contained in the SIP for the area before
redesignation of the area as an
attainment area, to the extent such
measures are applicable to any sources
which may exist at the time of any
NAAQS exceedance. We believe that
New Mexico’s contingency plan is
adequate for identifying which SO2
sources are responsible for violations of
the 1971 SO2 NAAQS and undertaking
aggressive measures to ensure
compliance of the SO2 NAAQS. We find
that New Mexico’s contingency
measures plan is approvable.
III. Final Action
The EPA is taking direct final action
to approve the second 10-year limited
maintenance plan for Grant County
submitted by the State of New Mexico.
We are approving this limited
maintenance plan for the Grant County
maintenance area for the 1971 SO2
NAAQS. The State of New Mexico has
complied with the requirements of
section 175A of the CAA, consistent
with its interpretation through past
limited maintenance plan guidance
provided several EPA memoranda dated
November 16, 1994; October 6, 1995;
and August 9, 2001. New Mexico has
shown through its submittal that SO2
emissions in the Grant County
maintenance area have decreased to
very low levels following the
dismantling of the Hurley smelter in
July 2006. New Mexico has also shown
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that the monitored levels of the 1971
SO2 NAAQS in the Grant County area
have been negligible since 2007, with
design values of 0 ppm for the most
recent five years for which certified
ambient air monitoring data is available.
Thus, the area has been consistently
well below the requisite level of 0.119
ppm for the 24-hour SO2 NAAQS in
order to qualify for the limited
maintenance plan option. New Mexico
has also shown that all SO2 monitored
values have been consistently well
below the 1971 SO2 NAAQS levels.
These low monitored values of SO2 are
expected through the end of the
maintenance period.
We find that with the alternative SO2
monitoring methodology in place, the
Hurley monitor is no longer required as
part of the 24-hour SO2 maintenance
plan. By our approval, the maintenance
plan will not contain any contingency
measures to be triggered by a monitored
air quality concentration. NMED may
submit a separate request for a system
modification (including a request for
discontinuation of a State or local air
monitoring station) for EPA’s review
and approval under the bases provided
in 40 CFR 58.14.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on September 16, 2014
without further notice unless we receive
relevant adverse comment by August 18,
2014. If we receive relevant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
relevant adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. 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
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41903
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely proposes to approve
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 (Public Law 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed 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. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
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18JYR1
41904
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 16, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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. In § 52.1620(e) the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP’’ is
amended by adding the entry ‘‘Second
10-year SO2 maintenance plan for Grant
County’’ at the end of the table to read
as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 7, 2014.
Ron Curry,
Regional Administrator, Region 6.
§ 52.1620
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Name of SIP provision
*
*
*
Second 10-year SO2 maintenance plan for Grant
County.
*
Portion of Grant county .................
[FR Doc. 2014–16818 Filed 7–17–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0228; FRL–9913–97–
OAR]
Approval and Promulgation of
Implementation Plans; Idaho Franklin
County Portion of the Logan
Nonattainment Area; Fine Particulate
Matter Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Idaho Department of
Environmental Quality (IDEQ)
submitted a revision to the State
Implementation Plan (SIP) on December
19, 2012, to address Clean Air Act (CAA
or the Act) requirements for the Idaho
portion (hereafter referred to as
‘‘Franklin County’’) of the cross border
Logan, Utah-Idaho nonattainment area
for the 2006 24-hour fine particulate
matter (PM2.5) national ambient air
quality standards. The EPA is approving
the baseline emissions inventory
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
State
submittal/
effective
date
Applicable geographic or
nonattainment area
VerDate Mar<15>2010
16:30 Jul 17, 2014
Jkt 232001
*
11/1/2013
contained in IDEQ’s submittal as
meeting the requirement to submit a
comprehensive, accurate, and current
inventory of direct PM2.5 and PM2.5
precursor emissions in Franklin County.
DATES: This final rule is effective on
August 18, 2014.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2014–0228. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–107, 1200 Sixth
Avenue, Seattle, Washington 98101. The
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
EPA
approval date
*
7/18/2014 ................
[Insert FR citation].
Comments
*
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt at (206) 553–0256, hunt.jeff@
epa.gov, or the above EPA, Region 10
address.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
An explanation of the CAA
requirements, a detailed explanation of
the revision, and the reasons for our
proposed approval of the SIP revision
were provided in the notice of proposed
rulemaking published on May 14, 2014,
and will not be restated here (79 FR
27543). The public comment period for
the proposed rule ended on June 13,
2014. The EPA did not receive any
relevant comments on the proposal.
II. Final Action
The EPA is approving the PM2.5 and
PM2.5 precursor emissions inventory
submitted by IDEQ on December 19,
2012, for the Franklin County, Idaho
E:\FR\FM\18JYR1.SGM
18JYR1
Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41900-41904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16818]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0764; FRL-9913-94-Region-6]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Grant County Sulfur Dioxide Limited Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
limited maintenance plan submitted by the State of New Mexico, dated
November 1, 2013, for the Grant County maintenance area for the 1971
sulfur dioxide (SO2) National Ambient Air Quality Standard
(NAAQS). New Mexico submitted this limited maintenance plan to fulfill
the second 10-year maintenance plan requirement, under section 175A(b)
of the Clean Air Act (CAA or the Act), to ensure maintenance of the
1971 SO2 NAAQS through 2025. The EPA is approving the
maintenance plan pursuant to the CAA.
DATES: This rule is effective on September 16, 2014 without further
notice, unless EPA receives relevant adverse comment by August 18,
2014. 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-2013-0764, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Mail or Delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2013-0764. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means 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 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 and with any disk or CD-ROM you submit. 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, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index and in hard copy at EPA Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas. While all documents in the docket are
listed in the index, some information may be publicly available only at
the hard copy location (e.g., copyrighted material), and some may not
be publicly available at either location (e.g., CBI). To inspect the
hard copy materials, please schedule an appointment with the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT: Ms. Dayana Medina (6PD-L), Air
Planning Section, telephone (214) 665-7241, fax (214) 665-6762, email:
medina.dayana@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
II. Evaluation of New Mexico's Submittal
A. Has the State demonstrated that Grant County qualifies for
the Limited Maintenance Plan option?
B. Elements of a Limited Maintenance Plan for SO2
1. Attainment Emissions Inventory
2. Demonstration of Maintenance
3. Monitoring Network, Verification of Continued Attainment, and
New Mexico's Request To Discontinue the SO2 Hurley
Monitor
4. Contingency Plan
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On September 11, 1978 (43 FR 40412), the EPA designated a portion
of Grant County, New Mexico as a nonattainment area for the 1971
SO2 NAAQS \1\ under Section 107 of the CAA. The area that
was designated nonattainment is located within the Air Quality Control
Region
[[Page 41901]]
(AQCR) No. 012, and consists of a 3.5 mile radius surrounding the
former Kennecott Copper Corporation (now called the Chino Mines-Hurley
Facility) and land above 6470 feet Mean Sea Level within an 8 mile
radius of the Hurley Smelter, which is part of the Chino Mines-Hurley
Facility in Hurley, New Mexico. Emissions from this source caused the
violations of the SO2 NAAQS that resulted in the area being
designated nonattainment. EPA approved the attainment SIP for the Grant
County SO2 nonattainment area on May 5, 1982 (47 FR 19332).
---------------------------------------------------------------------------
\1\ 36 FR 8186 (April 30, 1971).
---------------------------------------------------------------------------
On February 21, 2003, New Mexico submitted a request that the Grant
County nonattainment area be redesignated to attainment for the 1971
SO2 NAAQS. Along with this request, the state submitted a
maintenance plan which demonstrated that the area was expected to stay
in attainment of the 1971 SO2 NAAQS for the initial
maintenance period through 2015. The EPA approved the redesignation
request and the maintenance plan on September 18, 2003 (68 FR 54672).
Section 175A(b) of the Act as amended in 1990 requires the state to
submit a subsequent maintenance plan covering a second ten-year period
to EPA eight years after designation to attainment. To fulfill this
requirement of the Act, New Mexico submitted the second ten-year update
of the SO2 maintenance plan to EPA on November 1, 2013. The
limited maintenance plan SIP revision demonstrates that the area is
expected to stay in attainment of the 1971 SO2 NAAQS through
2025. The revision also requests to discontinue the only SO2
monitor in the Grant Country maintenance area (the Hurley monitor, AQS
ID 35-017-0003-42401-1) in light of the negligible SO2
concentrations measured at the monitor, and to implement an alternative
SO2 monitoring methodology in its place. This action is
being taken with respect to the 1971 24-hour SO2 NAAQS. This
action does not address the 2010 1 hour SO2 Standard but we
note that concentrations measured on a 1 hour basis are also quite low.
II. Evaluation of New Mexico's Submittal
On November 1, 2013, the State of New Mexico submitted a revision
to the New Mexico SIP. This revision provides the second 10-year update
to the maintenance plan for the area, as required by the section
175A(b) of the Act. The purpose of this plan is to ensure continued
maintenance of 1971 SO2 NAAQS in Grant County by
demonstrating that future emissions of this criteria pollutant are
expected to remain at or below emission levels necessary for continued
attainment of the 1971 SO2 NAAQS. Since there are few
specific content requirements defined in section 175A of the Act for
maintenance plans, EPA has exercised its discretion to make available
the option of submitting a Limited Maintenance Plan for areas that can
make a demonstration of consistent air quality at or below 85% of the
SO2 NAAQS. EPA has developed guidance memoranda on Limited
Maintenance Plan options that are specific to the ozone, particulate
matter with an aerodynamic diameter less than 10 microns
(PM10), and carbon monoxide NAAQS.\2\ Consistent with EPA's
policy for limited maintenance plans as presented in those guidance
memoranda, EPA here has the authority to exercise its reasonable
discretion and conclude that a limited maintenance plan option is
justifiable and appropriate in this case for the SO2 NAAQS.
New Mexico has opted to develop a Limited Maintenance Plan for the
Grant County SO2 maintenance area to fulfill the second 10-
year maintenance period required by the Act. Our evaluation of the
Grant County SO2 Limited Maintenance Plan is presented
below.
---------------------------------------------------------------------------
\2\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards, dated November 16, 1994; ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas''
from Joseph Paisie, Office of Air Quality Planning and Standards,
dated October 6, 1995; and ``Limited Maintenance Plan Option for
Moderate PM10 Nonattainment Areas'' from Lydia Wegman,
Office of Air Quality Planning and Standards, dated August 9, 2001.
Copies of these guidance memoranda can be found in the docket for
this proposed rulemaking.
---------------------------------------------------------------------------
A. Has the State demonstrated that Grant County Qualifies for the
Limited Maintenance Plan option?
Following the approach presented in our guidance memoranda, we
believe it appropriate for a limited maintenance plan for
SO2 option to be available for a State that demonstrates
that the design values for SO2 in the maintenance area are
at, or below, 85 percent of the 24-hour SO2 NAAQS or 0.119
parts per million (ppm). To support use of this option, the area's
design value should not exceed the 0.119 ppm threshold throughout the
entire rulemaking process. There is currently only one monitor located
in the Grant County maintenance area, the Hurley, New Mexico monitor
(AQS ID 35-017-0003-42401-1). This monitor has been operating since
1997 and EPA determined in a letter to NMED dated August 26, 2002, that
the Hurley monitor was placed where modeling indicated the highest
SO2 concentrations were likely to occur. For this
submission, the state provided data showing that the SO2
design value for the 24-hour SO2 NAAQS (0.14 part per
million (ppm)) has been 0.0 ppm for each of the five most recent years
(2007-2011) for which certified ambient air quality data is available
for the Hurley monitor. These values are clearly below the 85%
threshold, demonstrating that the Grant County maintenance area is
suitable for a Limited Maintenance Plan option. Consistent with past
contexts where a limited maintenance plan option was deemed to be
available, the area does not have a recent history of monitored
violations nor any long prior history of monitored air quality
problems.
B. Elements of a Limited Maintenance Plan for SO2
A Limited Maintenance Plan conventionally consists of several core
provisions: An attainment inventory, a demonstration of maintenance of
the NAAQS, operation of a monitoring network, a contingency provision,
as necessary, to promptly correct any violation of the NAAQS.
1. Attainment Emissions Inventory
The State's plan should include an emissions inventory to identify
the level of emissions in the maintenance area that is sufficient to
attain the NAAQS. The inventory should represent emissions during the
same five-year period associated with air quality data used to
determine whether the area meets the applicability requirements of the
limited maintenance plan option. New Mexico's Grant County Limited
Maintenance Plan submittal includes an SO2 emissions
inventory for Grant County Title V sources and Minor Point sources for
the years 2007-2011. These base years represent the most recent
emissions inventory data available and are consistent with the data
used to determine applicability of the limited maintenance plan option
(i.e., design values at, or below, 85 percent of the 24-hour
SO2 NAAQS). The source that caused the violations of the
SO2 NAAQS that resulted in the area being designated
nonattainment, the former Hurley Smelter, was dismantled and its stacks
removed in July 2006.\3\ The
[[Page 41902]]
former Hurley Smelter was the only major source of SO2
located within the maintenance area boundary. There are currently no
major sources of SO2 located in the Grant County maintenance
area. There are currently two Title V sources in Grant County (both
located outside of the Grant County maintenance area): the Chino Mine
and the Tyrone Mine. The combined actual SO2 emissions for
the two sources has been no more than 6.57 tons per year (tpy) for each
of the years 2007-2011. The primary sources of SO2 emissions
for both facilities are blasting fugitives and diesel generator
engines. There are currently four minor point sources located within
the Grant County maintenance area with combined annual allowable
SO2 emissions of 316 tpy for each of the years 2007-2011.
However, the actual SO2 emissions generated by these sources
are minimal. This data supports New Mexico's conclusion that the
control measures contained in the original attainment plan will
continue to protect and maintain the 1971 SO2 NAAQS.
---------------------------------------------------------------------------
\3\ The Hurley Smelter, a copper ore smelter that was part of
the Chino Mine-Hurley Facility located in Hurley, New Mexico, was
dismantled and its stacks were removed in July 2006. The Chino Mine-
Hurley Facility modified its Title V and New Source Review (NSR)
permits to remove all equipment associated with the former Hurley
Smelter. A copy of the revised permit issued on May 23, 2007, is
found in Appendix B of the State's submittal.
---------------------------------------------------------------------------
2. Demonstration of Maintenance
EPA considers the maintenance demonstration requirement satisfied
if the monitoring data show that the area is meeting the air quality
criteria for limited maintenance areas (i.e., design value at or below
0.119 parts per million (ppm) or 85% of the 24-hour SO2
NAAQS). There is no requirement to project emissions over the
maintenance period. Instead, EPA believes that if an area is at or
below 85 percent of exceedance levels, the air quality along with the
continued applicability of PSD requirements, any control measures
already in the SIP, and Federal measures, should provide adequate
assurance of maintenance over the remainder of the 10-year maintenance
period. As discussed above, the state provided data showing that the
SO2 design value for the 24-hour SO2 NAAQS (0.14
part per million (ppm)) has been 0.0 ppm for each of the five most
recent years (2007-2011) for which certified ambient air quality data
is available for the Hurley monitor. These values are well below the
85% threshold, thus demonstrating the appropriateness of a Limited
Maintenance Plan option for the Grant County maintenance area.
When EPA approves a limited maintenance plan, EPA is concluding
that an emissions budget may be treated as essentially not constraining
for the length of the maintenance period because it is unreasonable to
expect that such an area will experience so much growth in that period
that a violation of the SO2 NAAQS would result.
3. Monitoring Network, Verification of Continued Attainment, and New
Mexico's Request To Discontinue the SO2 Hurley Monitor
To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved air quality monitoring
network, in accordance with 40 CFR part 58. Over the course of the last
30 years, New Mexico has operated four SO2 monitors in the
Grant County maintenance area. There have been no monitored exceedances
of the 1971 SO2 NAAQS in the Grant County maintenance area
since 1979. The Hurley monitor (AIRS Monitor ID 35-017-0003-42401-1),
which has been in operation since 1997, is the only SO2
monitor currently operating in the Grant County maintenance area. EPA
determined in a letter to NMED dated August 26, 2002, that the Hurley
monitor was placed where modeling indicated the highest SO2
concentration was likely to occur. Monitored SO2
concentrations have been negligible for the most recent five years for
which certified ambient air quality data is available, following the
July 2006 dismantling of the Hurley Smelter, which was the source
originally responsible for the violations of the SO2 NAAQS
that resulted in the area being designated nonattainment. The state
provided data from the Hurley monitor showing that the SO2
design value for the 24-hour SO2 NAAQS (0.14 part per
million (ppm)) has been 0.0 ppm for each of the five most recent years
(2007-2011) for which certified ambient air quality data was available.
In light of the limited number of SO2 emission sources,
the limited amount of SO2 emissions, and the negligible
monitored SO2 concentrations in the Grant County maintenance
area, New Mexico is requesting to discontinue SO2 air
monitoring within the maintenance area, as currently required by its
maintenance plan, and to instead implement an alternative
SO2 monitoring methodology that does not utilize a gaseous
analyzer for determining compliance with the SO2 NAAQS. The
alternative SO2 monitoring method will consist of using PSD
and Title V modeling and any required post-construction monitoring for
new and modified air quality permits and an annual emission review of
all major SO2 sources located in the Grant County
maintenance area. In the event that PSD or Title V modeling, PSD or
Title V post-construction monitoring, or the annual emissions review of
major sources within the maintenance area indicate there is a
significant increase in SO2 emissions that may cause a
potential SO2 NAAQS violation, New Mexico will reinstitute a
gaseous SO2 monitor at the Hurley, NM monitoring location
(AIRS ID 35-017-0003-42401-1) or at a site expected to read greater
SO2 levels than this site. If the monitored SO2
values after one year are at or below 50 percent of the 24-hour or
annual SO2 NAAQS, or both, the monitor would again be
removed and the alternative SO2 monitoring methodology
reinstated. The process would be repeated each time PSD or Title V
monitoring, PSD or Title V post-construction monitoring, or the annual
emission review of major SO2 sources within the maintenance
area indicate a potential SO2 NAAQS violation.
We accordingly find that with the alternative SO2
monitoring methodology in place, the Hurley monitor is no longer
required as part of the 24-hour SO2 maintenance plan. By our
approval, the maintenance plan will not contain any contingency
measures to be triggered by a monitored air quality concentration. NMED
may submit a separate request for a system modification (including a
request for discontinuation of a State or local air monitoring station)
for EPA's review and approval under the bases provided in 40 CFR Sec.
58.14. We find that the State has satisfied the monitoring network and
verification of continued attainment requirements for the limited
maintenance plan.
4. Contingency Plan
Section 175A(d) of the CAA requires that a maintenance plan include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS that occurs after the area is redesignated to attainment.
Under section 175A(d), contingency measures do not have to be fully
adopted at the time of redesignation. However, the contingency plan is
considered to be an enforceable part of the SIP and should ensure that
the contingency measures are adopted expeditiously once they are
triggered by a specified event. The general approach for contingency
measures discussed in the limited maintenance plan guidance memoranda
provide that the contingency provisions should identify the measures to
be adopted, a schedule and procedure for adoption and implementation,
and a specific time limit for action by the State. However, the General
Preamble
[[Page 41903]]
for the Implementation of Title I of the Act Amendments of 1990 (57 FR
13498) states that SO2 provisions require special
considerations. A primary reason is that SO2 control methods
are well established and understood. Therefore, contingency measures
for SO2 need only consist of a comprehensive program to
identify sources of violations of the SO2 NAAQS and to
undertake an aggressive follow-up for compliance and enforcement.
There are currently no major SO2 sources within the
Grant County maintenance area. In the event that an SO2
source(s) moves into or within close proximity to the Grant County
SO2 maintenance area, New Mexico will ensure that such
source(s) will comply with all applicable state and federal
SO2 regulations and requirements. New Mexico is also
committing to maintain a comprehensive compliance and enforcement
program to identify sources of violation of the SO2 NAAQS
within the maintenance area and to undertake aggressive follow up
measures to ensure compliance with the SO2 NAAQS. In
conformance with CAA section 175A(d), New Mexico will also implement
all measures with respect to the control of air pollutants concerned
which were contained in the SIP for the area before redesignation of
the area as an attainment area, to the extent such measures are
applicable to any sources which may exist at the time of any NAAQS
exceedance. We believe that New Mexico's contingency plan is adequate
for identifying which SO2 sources are responsible for
violations of the 1971 SO2 NAAQS and undertaking aggressive
measures to ensure compliance of the SO2 NAAQS. We find that
New Mexico's contingency measures plan is approvable.
III. Final Action
The EPA is taking direct final action to approve the second 10-year
limited maintenance plan for Grant County submitted by the State of New
Mexico.
We are approving this limited maintenance plan for the Grant County
maintenance area for the 1971 SO2 NAAQS. The State of New
Mexico has complied with the requirements of section 175A of the CAA,
consistent with its interpretation through past limited maintenance
plan guidance provided several EPA memoranda dated November 16, 1994;
October 6, 1995; and August 9, 2001. New Mexico has shown through its
submittal that SO2 emissions in the Grant County maintenance
area have decreased to very low levels following the dismantling of the
Hurley smelter in July 2006. New Mexico has also shown that the
monitored levels of the 1971 SO2 NAAQS in the Grant County
area have been negligible since 2007, with design values of 0 ppm for
the most recent five years for which certified ambient air monitoring
data is available. Thus, the area has been consistently well below the
requisite level of 0.119 ppm for the 24-hour SO2 NAAQS in
order to qualify for the limited maintenance plan option. New Mexico
has also shown that all SO2 monitored values have been
consistently well below the 1971 SO2 NAAQS levels. These low
monitored values of SO2 are expected through the end of the
maintenance period.
We find that with the alternative SO2 monitoring
methodology in place, the Hurley monitor is no longer required as part
of the 24-hour SO2 maintenance plan. By our approval, the
maintenance plan will not contain any contingency measures to be
triggered by a monitored air quality concentration. NMED may submit a
separate request for a system modification (including a request for
discontinuation of a State or local air monitoring station) for EPA's
review and approval under the bases provided in 40 CFR 58.14.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on September 16,
2014 without further notice unless we receive relevant adverse comment
by August 18, 2014. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
IV. 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 CAA. Accordingly,
this action merely proposes to approve 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 (Public Law 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed 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. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule
[[Page 41904]]
may take effect, the agency promulgating the rule must submit a rule
report, which includes a copy of the rule, to each House of the
Congress and to the Comptroller General of the United States. EPA will
submit a report containing this rule and other required information to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 16, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: July 7, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
2. In Sec. 52.1620(e) the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by adding the entry ``Second 10-year
SO2 maintenance plan for Grant County'' at the end of the
table to read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
geographic or submittal/
Name of SIP provision nonattainment effective EPA approval date Comments
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second 10-year SO[ihel2] Portion of Grant 11/1/2013 7/18/2014..................
maintenance plan for Grant county. [Insert FR citation].......
County.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-16818 Filed 7-17-14; 8:45 am]
BILLING CODE 6560-50-P