Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter National Ambient Air Quality Standard and Revised Statutes, 12493-12496 [2018-05765]
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
• 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, 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 21, 2018.
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,
12493
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 Dioxide, Reporting and
recordkeeping requirements.
Dated: March 7, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA 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 Q—Iowa
2. Section 52.820 is amended by
adding paragraph (e)(48) to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Name of nonregulatory
SIP revision
*
(48) Sections 110(a)(1)
and (2) Infrastructure
Requirements 2010
Nitrogen Dioxide
NAAQS.
Applicable geographic
or
nonattainment area
State submittal
date
EPA approval
date
*
*
*
Statewide .................... 7/23/2013, 3/1/2017 ....
[FR Doc. 2018–05537 Filed 3–21–18; 8:45 am]
BILLING CODE 6560–50–P
Explanation
*
3/22/2018, [Insert
Federal Register citation].
*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(I) prongs
1 and 2, D(i)(II) prong 3 only, D(ii), (E), (F),
(G), (H), (J), (K), (L), and (M). [EPA–R07–
OAR–2017–0208;
FRL–9975–69—Region
7].
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R06–OAR–2015–0850; FRL–9975–
60—Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; New
Mexico; Infrastructure and Interstate
Transport for the 2012 Fine Particulate
Matter National Ambient Air Quality
Standard and Revised Statutes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving State Implementation Plan
(SIP) revisions submitted by the State of
New Mexico to address the
requirements of section 110(a)(1) and (2)
of the Clean Air Act (CAA or Act) for
the 2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standard
(NAAQS). These requirements are
designed to ensure that the structural
components of each state’s air quality
program are adequate to meet the state’s
responsibility under the CAA
(infrastructure SIP or i-SIP). EPA is also
approving an update to the New Mexico
SUMMARY:
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
statutes pertaining to conflicts of
interest.
DATES: This rule is effective on April 23,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0850. All
documents in the docket are listed on
the https://www.regulations.gov website.
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 ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
daltland on DSKBBV9HB2PROD with RULES
I. Background
The background for this action is
discussed in detail in our December 26,
2017 proposal (82 FR 60933). In that
document we proposed to approve the
August 6, 2015 and December 8, 2015,
i-SIP submittals from the New Mexico
Environment Department and
Albuquerque-Bernalillo County
pertaining to the implementation,
maintenance and enforcement of the
2012 PM2.5 NAAQS in New Mexico and
all four of the interstate transport
requirements. We also proposed to
approve as part of the SIP the updates
to the New Mexico statutes pertaining to
conflicts of interest. We did not receive
any comments regarding our proposal.
II. Final Action
We are approving the August 6, 2015
and December 8, 2015, i-SIP submittals
pertaining to implementation,
maintenance, and enforcement of the
2012 PM2.5 NAAQS, including all the
transport sub-elements (CAA section
110(a)(2)(D)). We are also approving the
portions of the updated statutes
pertaining to conflicts of interest (CAA
section 110(a)(2)(E)(ii)) in the New
Mexico August 6, 2015 SIP submittal.
The portions of the SIP submittal
pertaining to the other Statute updates
will be addressed at a later date.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revisions to the New Mexico Statutes as
described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 6 Office (please contact Sherry
Fuerst in the FOR FURTHER INFORMATION
CONTACT section for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation (62
FR 27968, May 22, 1997).
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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, 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 21, 2018.
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).)
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 16, 2018.
Anne Idsal,
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:
■
Subpart GG—New Mexico
2. In § 52.1620 paragraph (e) is
amended:
■ a. In the first table titled ‘‘EPA
Approved New Mexico Statutes in the
Current New Mexico SIP’’ by revising
the title to read ‘‘EPA Approved New
Mexico Statutes’’; revising the first
centered heading to read ‘‘New Mexico
Statutes’’; adding a new centered
heading for ‘‘Chapter 10—Public
Officers and Employees’’ followed by
new entries for Sections 10–16–1 to 10–
16–4, 10–16–6 to 10–16–9, 10–16–11,
10–16–13, and 10–16–14; adding a new
■
12495
centered heading for ‘‘Chapter 74—
Environmental Improvement’’; revising
the entries for Sections 74–1–4 and 74–
2–4; and removing the entries for
‘‘Article 16, Sections 10–16–1 through
10–16–16’’ and ‘‘Article 16,
Supplemental’’;
■ b. In the second table titled ‘‘EPA
Approved Nonregulatory Provisions and
Quasi-Regulatory Measures in the New
Mexico SIP’’ by adding an entry at the
end for ‘‘Infrastructure and interstate
transport for the 2012 PM2.5 NAAQS’’.
The amendments read as follows:
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEW MEXICO STATUTES
State
citation
State
approval/
effective
date
Title/subject
EPA approval
date
Comments
New Mexico Statutes
Chapter 10—Public Officers and Employees
10–16–1 ...........
Short Title ...........................................................
Governmental Conduct Act ................................
Definitions ...........................................................
8/6/2015
8/6/2015
10–16–6 ...........
Ethical principles of public service; certain official acts prohibited; penalty.
Official act for personal financial interest prohibited; disqualification from official act; providing a penalty.
Confidential information .....................................
8/6/2015
10–16–7 ...........
Contracts involving public officers or employees
8/6/2015
10–16–8 ...........
8/6/2015
10–16–11 .........
Contracts involving former public officers or
employees; representation of clients after
government service.
Contracts involving legislators; representation
before state agencies.
Codes of conduct ...............................................
8/6/2015
10–16–13 .........
Prohibited bidding ..............................................
8/6/2015
10–16–14 .........
Enforcement procedures ....................................
7/16/1990
10–16–2 ...........
10–16–3 ...........
10–16–4 ...........
10–16–9 ...........
3/22/2018, [Insert
ister citation].
3/22/2018, [Insert
ister citation].
3/22/2018, [Insert
ister citation].
3/22/2018, [Insert
ister citation].
8/6/2015
8/6/2015
Federal RegFederal RegFederal RegFederal Reg-
3/22/2018, [Insert Federal Register citation].
3/22/2018, [Insert Federal Register citation].
3/22/2018, [Insert Federal Register citation].
8/6/2015
3/22/2018, [Insert Federal Register citation].
3/22/2018, [Insert Federal Register citation].
Includes New Mexico Environmental Board
Code of Conduct approved by the Governor
on February 27, 1990 (64 FR 29235).
3/22/2018, [Insert Federal Register citation].
3/22/2018, [Insert Federal Register citation].
Chapter 74—Environmental Improvement
74–1–4 .............
74–2–4 .............
Environmental improvement board; creation; organization.
8/6/2015
*
*
*
Local authority ....................................................
*
*
3/22/2018, [Insert Federal Register citation].
*
8/6/2015
*
Approved for State Board Composition and
Conflict of Interest Provisions.
*
3/22/2018, [Insert Federal Register citation].
*
*
Approved for for State Board Composition and
Conflict of Interest Provisions.
*
*
*
*
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EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE MEXICO SIP
Name of SIP provision
Applicable geographic
or nonattainment area
State
submittal/effective
date
*
Infrastructure and interstate transport
for the 2012 PM2.5 NAAQS.
*
*
Statewide .....................
*
8/6/2015, 12/8/2015 .....
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EPA approval date
Explanation
*
3/22/2018, [Insert Federal Register citation].
*
*
SIPs adopted by: NMED and City of Albuquerque
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
[FR Doc. 2018–05765 Filed 3–21–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0356; EPA–R07–
OAR–2017–0268; EPA–R07–OAR–2017–
0515; EPA–R07–OAR–2017–0513; FRL–
9975–71–Region 7]
Approval of Implementation Plans;
State of Missouri; Elements of the
Infrastructure State Implementation
Plan Requirements for the 2008 Ozone,
2010 Nitrogen Dioxide, 2010 Sulfur
Dioxide, and 2012 Fine Particulate
Matter National Ambient Air Quality
Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve elements of a State
Implementation Plan (SIP) submission
from the State of Missouri for the 2008
Ozone, 2010 Nitrogen Dioxide (NO2),
2010 Sulfur Dioxide (SO2), and 2012
Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). States are required to have a
SIP that provides for the
implementation, maintenance, and
enforcement of the NAAQS. Whenever
EPA promulgates a new or revised
NAAQS, states are required to make a
SIP submission to establish that they
have, or to add, the provisions necessary
to address various requirements to
address the new or revised NAAQS.
These SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This final rule is effective on
April 23, 2018.
ADDRESSES: EPA has established dockets
for this action under Docket ID Nos.
EPA–R07–OAR–2015–0356; EPA–R07–
OAR–2017–0268; EPA–R07–OAR–
2017–0515; EPA–R07–OAR–2017–0513.
All documents in the dockets are listed
on the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI 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.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
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Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Tracey Casburn, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7016, or by email at
casburn.tracey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. Background
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
II. What is being addressed in this document?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
e. Section 110(a)(2)(E)(ii)/section 128
III. Have the requirements for approval of a
SIP submission been met?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS and Section
110(a)(2)(E)(ii)/section 128
IV. EPA’s Response to Comments
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS and Section
110(a)(2)(E)(ii)/section 128
V. What action is EPA taking?
a. 2008 Ozone NAAQS
b. 2010 NO2 NAAQS
c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
e. Section 110(a)(2)(E)(ii)/section 128
VI. Statutory and Executive Order Reviews
I. Background
a. 2008 Ozone NAAQS
On October 6, 2017, EPA proposed to
approve certain elements of the 2008
Ozone NAAQS infrastructure SIP
submission from the State of Missouri.
See 82 FR 46741. In conjunction with
the October 6, 2017, notice of proposed
rulemaking (NPR), EPA issued a direct
final rule (DFR) approving elements of
the 2008 Ozone NAAQS infrastructure
SIP. See 82 FR 46679. In the DFR, EPA
stated that if adverse comments were
submitted to EPA by November 6, 2017,
the action would be withdrawn and not
take effect. EPA received two sets of
comments prior to the close of the
comment period; one set of comments
was adverse, and one was not directly
related to the action being taken by EPA.
PO 00000
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Sfmt 4700
EPA withdrew the DFR on November
28,2017. See 82 FR 56172.
b. 2010 NO2 NAAQS
On October 11, 2017, EPA proposed
to approve certain elements of the 2010
NO2 NAAQS infrastructure SIP
submission from the State of Missouri.
See 82 FR 47170. In conjunction with
the October 11, 2017 NPR, EPA issued
a DFR approving elements of the 2010
NO2 NAAQS infrastructure SIP. See 82
FR 47154. In the DFR, EPA stated that
if adverse comments were submitted to
EPA by November 13, 2017, the action
would be withdrawn and not take effect.
EPA received five sets of comments
prior to the close of the comment
period; one set of comments was
adverse, and four sets of comments were
not related to the action being taken by
EPA. Based on the adverse comment
received, EPA withdrew the DFR on
December 8,2017. See 82 FR 57848.
c. 2010 SO2 NAAQS
On October 6, 2017, EPA proposed to
approve certain elements of the 2010
SO2 NAAQS infrastructure SIP
submission from the State of Missouri.
See 82 FR 46742. In conjunction with
the October 6, 2017 NPR, EPA issued a
DFR approving elements of the 2010
SO2 NAAQS infrastructure SIP. See 82
FR 46672. In the DFR, EPA stated that
if adverse comments were submitted to
EPA by November 6, 2017, the action
would be withdrawn and not take effect.
EPA received three sets of comments
prior to the close of the comment
period; one set of comments was
adverse, and two sets of comments were
not directly related to the action being
taken by EPA. EPA withdrew the DFR
on November 28,2017. See 82 FR 56172.
d. 2012 PM2.5 NAAQS
On October 11, 2017, EPA proposed
to approve certain elements of the 2012
PM2.5 NAAQS infrastructure SIP
submission from the State of Missouri
and two state statutes into the Missouri
SIP. See 82 FR 47169. In conjunction
with the October 11, 2017 NPR, EPA
issued a DFR approving elements of the
2012 PM2.5 NAAQS infrastructure SIP
and the two state statutes into the SIP.
See 82 FR 47147. In the DFR, EPA stated
that if adverse comments were
submitted to EPA by November 13,
2017, the action would be withdrawn
and not take effect. EPA received six
sets of comments prior to the close of
the comment period; three sets of
comments were adverse, and three sets
of comments were not directly related to
the action. EPA withdrew the DFR on
December 8, 2017. See 82 FR 57848.
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]]>Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12493-12496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05765]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0850; FRL-9975-60--Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Infrastructure and Interstate Transport for the 2012 Fine
Particulate Matter National Ambient Air Quality Standard and Revised
Statutes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving State Implementation
Plan (SIP) revisions submitted by the State of New Mexico to address
the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA
or Act) for the 2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standard (NAAQS). These requirements are
designed to ensure that the structural components of each state's air
quality program are adequate to meet the state's responsibility under
the CAA (infrastructure SIP or i-SIP). EPA is also approving an update
to the New Mexico
[[Page 12494]]
statutes pertaining to conflicts of interest.
DATES: This rule is effective on April 23, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2015-0850. All documents in the docket are
listed on the https://www.regulations.gov website. 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,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
December 26, 2017 proposal (82 FR 60933). In that document we proposed
to approve the August 6, 2015 and December 8, 2015, i-SIP submittals
from the New Mexico Environment Department and Albuquerque-Bernalillo
County pertaining to the implementation, maintenance and enforcement of
the 2012 PM2.5 NAAQS in New Mexico and all four of the
interstate transport requirements. We also proposed to approve as part
of the SIP the updates to the New Mexico statutes pertaining to
conflicts of interest. We did not receive any comments regarding our
proposal.
II. Final Action
We are approving the August 6, 2015 and December 8, 2015, i-SIP
submittals pertaining to implementation, maintenance, and enforcement
of the 2012 PM2.5 NAAQS, including all the transport sub-
elements (CAA section 110(a)(2)(D)). We are also approving the portions
of the updated statutes pertaining to conflicts of interest (CAA
section 110(a)(2)(E)(ii)) in the New Mexico August 6, 2015 SIP
submittal. The portions of the SIP submittal pertaining to the other
Statute updates will be addressed at a later date.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the New Mexico Statutes as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact Sherry Fuerst in the For Further
Information Contact section for more information). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation (62 FR 27968, May 22, 1997).
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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, 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 21, 2018. 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).)
[[Page 12495]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: March 16, 2018.
Anne Idsal,
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 paragraph (e) is amended:
0
a. In the first table titled ``EPA Approved New Mexico Statutes in the
Current New Mexico SIP'' by revising the title to read ``EPA Approved
New Mexico Statutes''; revising the first centered heading to read
``New Mexico Statutes''; adding a new centered heading for ``Chapter
10--Public Officers and Employees'' followed by new entries for
Sections 10-16-1 to 10-16-4, 10-16-6 to 10-16-9, 10-16-11, 10-16-13,
and 10-16-14; adding a new centered heading for ``Chapter 74--
Environmental Improvement''; revising the entries for Sections 74-1-4
and 74-2-4; and removing the entries for ``Article 16, Sections 10-16-1
through 10-16-16'' and ``Article 16, Supplemental'';
0
b. In the second table titled ``EPA Approved Nonregulatory Provisions
and Quasi-Regulatory Measures in the New Mexico SIP'' by adding an
entry at the end for ``Infrastructure and interstate transport for the
2012 PM2.5 NAAQS''.
The amendments read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(e) * * *
EPA-Approved New Mexico Statutes
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
New Mexico Statutes
----------------------------------------------------------------------------------------------------------------
Chapter 10--Public Officers and Employees
----------------------------------------------------------------------------------------------------------------
10-16-1................. Short Title............ 8/6/2015 3/22/2018, [Insert .......................
Governmental Conduct Federal Register
Act. citation].
10-16-2................. Definitions............ 8/6/2015 3/22/2018, [Insert .......................
Federal Register
citation].
10-16-3................. Ethical principles of 8/6/2015 3/22/2018, [Insert .......................
public service; Federal Register
certain official acts citation].
prohibited; penalty.
10-16-4................. Official act for 8/6/2015 3/22/2018, [Insert .......................
personal financial Federal Register
interest prohibited; citation].
disqualification from
official act;
providing a penalty.
10-16-6................. Confidential 8/6/2015 3/22/2018, [Insert .......................
information. Federal Register
citation].
10-16-7................. Contracts involving 8/6/2015 3/22/2018, [Insert .......................
public officers or Federal Register
employees. citation].
10-16-8................. Contracts involving 8/6/2015 3/22/2018, [Insert .......................
former public officers Federal Register
or employees; citation].
representation of
clients after
government service.
10-16-9................. Contracts involving 8/6/2015 3/22/2018, [Insert .......................
legislators; Federal Register
representation before citation].
state agencies.
10-16-11................ Codes of conduct....... 8/6/2015 3/22/2018, [Insert Includes New Mexico
Federal Register Environmental Board
citation]. Code of Conduct
approved by the
Governor on February
27, 1990 (64 FR
29235).
10-16-13................ Prohibited bidding..... 8/6/2015 3/22/2018, [Insert .......................
Federal Register
citation].
10-16-14................ Enforcement procedures. 7/16/1990 3/22/2018, [Insert .......................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Chapter 74--Environmental Improvement
----------------------------------------------------------------------------------------------------------------
74-1-4.................. Environmental 8/6/2015 3/22/2018, [Insert Approved for State
improvement board; Federal Register Board Composition and
creation; organization. citation]. Conflict of Interest
Provisions.
* * * * * * *
74-2-4.................. Local authority........ 8/6/2015 3/22/2018, [Insert Approved for for State
Federal Register Board Composition and
citation]. Conflict of Interest
Provisions.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Mexico SIP
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State submittal/
Name of SIP provision nonattainment effective date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure and interstate Statewide........ 8/6/2015, 12/8/ 3/22/2018, SIPs adopted by: NMED
transport for the 2012 PM2.5 2015. [Insert Federal and City of
NAAQS. Register Albuquerque
citation].
----------------------------------------------------------------------------------------------------------------
[[Page 12496]]
[FR Doc. 2018-05765 Filed 3-21-18; 8:45 am]
BILLING CODE 6560-50-P
