Approval and Promulgation of Implementation Plans; New Mexico; Infrastructure for the 2010 Sulfur Dioxide National Ambient Air Quality Standards, 61751-61752 [2015-25968]
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Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0205; FRL–9935–44–
Region 6]
Approval and Promulgation of
Implementation Plans; New Mexico;
Infrastructure for the 2010 Sulfur
Dioxide National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submission from the State of New
Mexico for the Sulfur Dioxide (SO2)
National Ambient Air Quality Standards
(NAAQS). The submittal addresses how
the existing SIP provides for
implementation, maintenance, and
enforcement of the 2010 SO2 NAAQS
(infrastructure SIP or i-SIP), including
two of the four CAA requirements for
interstate transport of SO2 emissions.
This i-SIP ensures that the State’s SIP is
adequate to meet the state’s
responsibilities under the Federal Clean
Air Act (CAA).
DATES: This final rule is effective on
November 13, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2014–0205. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure 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
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Sherry Fuerst, (214) 665–6454,
fuerst.sherry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
I. Background
The background for this action is
discussed in detail in our June 29, 2015
proposal (80 FR 36956). In that notice,
we proposed to approve the New
VerDate Sep<11>2014
16:10 Oct 13, 2015
Jkt 238001
Mexico i-SIP submittal for the 2010 SO2
NAAQS.
We received comments from one
commenter on the proposal. Our
response to the comments are below.
II. Response to Comments
Comment: One commenter stated that
EPA cannot approve the PSD portions of
the i-SIP, ergo110(a)(2)(C), (D)(i)(II)(PSD
prong) and (J), until the PM2.5
increments are fully approved into both
the New Mexico and AlbuquerqueBernalillo County SIPs.
Response: EPA disagrees with the
comment as our proposed action did not
pertain to the Albuquerque-Bernalillo
County portion of the SIP. The New
Mexico Air Quality Control Act (section
74–2–4) authorizes Albuquerque/
Bernalillo County to locally administer
and enforce the State Air Quality
Control Act by providing for a local air
quality control program. Thus, State law
views Albuquerque/Bernalillo County
and the remainder of the State of New
Mexico as distinct air quality control
entities. Therefore, each entity is
required to submit its own SIP revision
in order to completely satisfy the
requirements of the Clean Air Act for
the entire State of New Mexico. The
Albuquerque/Bernalillo County Air
Quality Control Board has the authority
to implement a comprehensive
Prevention of Significant Deterioration
(PSD) permit program, separate and
independent from the NM Air Quality
Board. At the time of the instant
proposal and comment, EPA had not yet
approved any revision to the
Albuquerque/Bernalillo County portion
of the New Mexico PSD SIP.
EPA published its approval of
revisions to the New Mexico SIP for
Albuquerque/Bernalillo County that
address the requirements of the EPA’s
May 2008, July 2010, and October 2012
PM2.5 PSD Implementation Rules, and
also incorporate revisions consistent
with EPA’s March 2011 Fugitives
Interim Rule, July 2011 Greenhouse Gas
(GHG) Biomass Deferral Rule, and July
2012 GHG Tailoring Rule Step 3 and
GHG PALs Rule (see docket EPA–R06–
OAR–2013–0616 in
www.regulations.gov). The comment is
not relevant to the instant New Mexico
SIP action, but EPA’s approval of the
Albuquerque/Bernalillo County PSD SIP
revisions renders the comment moot.
III. Final Action
EPA is approving the February 14,
2014, infrastructure SIP submission
from New Mexico, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2010 SO2
NAAQS, including two of the four CAA
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
61751
requirements for interstate transport of
SO2 emissions. The two interstate
transport requirements being addressed
pertain to prohibiting SO2 emissions
that will interfere with measures
required to be included in the SIP for
any other State to prevent significant
deterioration of air quality or to protect
visibility (CAA 110(a)(2)(D)(i)(II)).
Specifically, EPA is approving the i-SIP
as meeting the following CAA
infrastructure elements: 110(a)(2)(A),
(B), (C), (D)(i)(II), D(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). EPA is not taking
action on section 110(a)(2)(D)(i)(I)—
pertaining to prohibiting emissions
which will contribute significantly to
nonattainment or interfere with
maintenance of the NAAQS at this time.
EPA is not taking action pertaining to
section 110(a)(2)(I)—Nonattainment
Area Plan or Plan Revisions under Part
D as EPA believes this need not be
addressed in the i-SIP. Based upon
review of the state’s infrastructure SIP
submissions and relevant statutory and
regulatory authorities and provisions
referenced in these submissions or
referenced in New Mexico’s SIP, EPA
believes that New Mexico has the
infrastructure in place to address all
applicable required elements of sections
110(a)(1) and (2) (except as otherwise
noted) to ensure that the 2010 SO2
NAAQS are implemented in the state.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
E:\FR\FM\14OCR1.SGM
14OCR1
61752
Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this 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 December 14, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposed of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: September 29, 2015.
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. In § 52.1620, the second table in
paragraph (e) is amended by adding the
entry ‘‘Infrastructure for the 2010 SO2
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable
geographic or
nonattainment area
Name of SIP
provision
*
Infrastructure for the 2010
SO2 NAAQS.
*
*
Statewide, except for
Bernalillo County and Indian country.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
tkelley on DSK3SPTVN1PROD with RULES
[EPA–R03–OAR–2015–0479; FRL–9935–58–
Region 3]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
VerDate Sep<11>2014
16:10 Oct 13, 2015
Jkt 238001
*
2/14/2014
EPA approval date
*
10/14/2015 [insert Federal
Register citation].
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Delaware State Implementation Plan
(SIP). The SIP revision pertains to
adoption by Delaware of a Low
Emission Vehicle (LEV) Program. The
Clean Air Act (CAA) grants authority to
EPA to adopt Federal standards for
emissions from new motor vehicles, and
generally preempts states from doing so.
However, the CAA grants California
authority to adopt its own motor vehicle
standards, as long as EPA approves
California’s program via a preemption
waiver. The CAA also allows other
states to then adopt California’s vehicle
standards for which EPA has granted
such a waiver, provided the state’s
SUMMARY:
[FR Doc. 2015–25968 Filed 10–13–15; 8:45 am]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Low Emission Vehicle
Program
State
submittal/
effective
date
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Explanation
*
*
Does not address CAA
110(a)(2)(D)(i)(I).
standards are identical to California’s
standards and the state adopts the
standards at least two years prior to
their commencement. Delaware adopted
California emission standards for
passenger cars and trucks, and mediumduty passenger and other medium-duty
vehicles in 2010, effective beginning
with new vehicles sold in model year
2014. Delaware amended its LEV
program regulation in 2013 to
incorporate California’s most recent LEV
regulatory updates to its program. It is
this program that Delaware submitted to
EPA in August 2014 for inclusion into
Delaware’s SIP and which is the subject
of this rulemaking action. The purpose
of this SIP revision is to reduce vehicle
emissions that contribute to formation
E:\FR\FM\14OCR1.SGM
14OCR1
]]>Agencies
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61751-61752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25968]
[[Page 61751]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0205; FRL-9935-44-Region 6]
Approval and Promulgation of Implementation Plans; New Mexico;
Infrastructure for the 2010 Sulfur Dioxide National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submission from the State
of New Mexico for the Sulfur Dioxide (SO2) National Ambient
Air Quality Standards (NAAQS). The submittal addresses how the existing
SIP provides for implementation, maintenance, and enforcement of the
2010 SO2 NAAQS (infrastructure SIP or i-SIP), including two
of the four CAA requirements for interstate transport of SO2
emissions. This i-SIP ensures that the State's SIP is adequate to meet
the state's responsibilities under the Federal Clean Air Act (CAA).
DATES: This final rule is effective on November 13, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2014-0205. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
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 the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454,
fuerst.sherry@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for this action is discussed in detail in our June
29, 2015 proposal (80 FR 36956). In that notice, we proposed to approve
the New Mexico i-SIP submittal for the 2010 SO2 NAAQS.
We received comments from one commenter on the proposal. Our
response to the comments are below.
II. Response to Comments
Comment: One commenter stated that EPA cannot approve the PSD
portions of the i-SIP, ergo110(a)(2)(C), (D)(i)(II)(PSD prong) and (J),
until the PM2.5 increments are fully approved into both the
New Mexico and Albuquerque-Bernalillo County SIPs.
Response: EPA disagrees with the comment as our proposed action did
not pertain to the Albuquerque-Bernalillo County portion of the SIP.
The New Mexico Air Quality Control Act (section 74-2-4) authorizes
Albuquerque/Bernalillo County to locally administer and enforce the
State Air Quality Control Act by providing for a local air quality
control program. Thus, State law views Albuquerque/Bernalillo County
and the remainder of the State of New Mexico as distinct air quality
control entities. Therefore, each entity is required to submit its own
SIP revision in order to completely satisfy the requirements of the
Clean Air Act for the entire State of New Mexico. The Albuquerque/
Bernalillo County Air Quality Control Board has the authority to
implement a comprehensive Prevention of Significant Deterioration (PSD)
permit program, separate and independent from the NM Air Quality Board.
At the time of the instant proposal and comment, EPA had not yet
approved any revision to the Albuquerque/Bernalillo County portion of
the New Mexico PSD SIP.
EPA published its approval of revisions to the New Mexico SIP for
Albuquerque/Bernalillo County that address the requirements of the
EPA's May 2008, July 2010, and October 2012 PM2.5 PSD
Implementation Rules, and also incorporate revisions consistent with
EPA's March 2011 Fugitives Interim Rule, July 2011 Greenhouse Gas (GHG)
Biomass Deferral Rule, and July 2012 GHG Tailoring Rule Step 3 and GHG
PALs Rule (see docket EPA-R06-OAR-2013-0616 in www.regulations.gov).
The comment is not relevant to the instant New Mexico SIP action, but
EPA's approval of the Albuquerque/Bernalillo County PSD SIP revisions
renders the comment moot.
III. Final Action
EPA is approving the February 14, 2014, infrastructure SIP
submission from New Mexico, which addresses the requirements of CAA
sections 110(a)(1) and (2) as applicable to the 2010 SO2
NAAQS, including two of the four CAA requirements for interstate
transport of SO2 emissions. The two interstate transport
requirements being addressed pertain to prohibiting SO2
emissions that will interfere with measures required to be included in
the SIP for any other State to prevent significant deterioration of air
quality or to protect visibility (CAA 110(a)(2)(D)(i)(II)).
Specifically, EPA is approving the i-SIP as meeting the following CAA
infrastructure elements: 110(a)(2)(A), (B), (C), (D)(i)(II), D(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). EPA is not taking action on
section 110(a)(2)(D)(i)(I)--pertaining to prohibiting emissions which
will contribute significantly to nonattainment or interfere with
maintenance of the NAAQS at this time. EPA is not taking action
pertaining to section 110(a)(2)(I)--Nonattainment Area Plan or Plan
Revisions under Part D as EPA believes this need not be addressed in
the i-SIP. Based upon review of the state's infrastructure SIP
submissions and relevant statutory and regulatory authorities and
provisions referenced in these submissions or referenced in New
Mexico's SIP, EPA believes that New Mexico has the infrastructure in
place to address all applicable required elements of sections 110(a)(1)
and (2) (except as otherwise noted) to ensure that the 2010
SO2 NAAQS are implemented in the state.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely
[[Page 61752]]
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 December 14, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposed of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: September 29, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart GG--New Mexico
0
2. In Sec. 52.1620, the second table in paragraph (e) is amended by
adding the entry ``Infrastructure for the 2010 SO2 NAAQS''
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
Name of SIP provision geographic or State submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for the 2010 SO2 Statewide, except 2/14/2014 10/14/2015 [insert Does not address
NAAQS. for Bernalillo Federal Register CAA
County and Indian citation]. 110(a)(2)(D)(i)(I)
country. .
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-25968 Filed 10-13-15; 8:45 am]
BILLING CODE 6560-50-P
