Air Plan Approval; New Mexico; Approval of Revised Statutes; Error Correction, 42819-42822 [2019-17745]
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Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Rules and Regulations
Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.)
This rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local or tribal
governments or the private sector. It
addresses public use of national park
lands, and imposes no requirements on
other agencies or governments. A
statement containing the information
required by the Unfunded Mandates
Reform Act is not required.
Takings (Executive Order 12630)
This rule does not effect a taking of
private property or otherwise have
takings implications under Executive
Order 12630. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, the rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. This rule only affects use of
federally-administered lands and
waters. It has no outside effects on other
areas. A federalism summary impact
statement is not required.
jspears on DSK3GMQ082PROD with RULES
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian Tribes
(Executive Order 13175 and Department
Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance and tribal sovereignty. The
NPS has evaluated this rule under the
criteria in Executive Order 13175 and
under the Department’s tribal
consultation policy and has determined
that tribal consultation is not required
because the rule will not have a
substantial direct effect on federally
recognized Indian tribes, although
consultation with the Timbisha
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Shoshone Tribe under the National
Environmental Policy Act and the
National Historic Preservation Act was
completed. The NPS invited the Tribe to
become a cooperating agency on the
DEIS on April 3, 2012. The NPS has
since conducted formal consultation
with the Tribe and invited their
participation on issues and alternatives
development and internal document
review. In addition to formal
consultation, the NPS commissioned an
assessment of the eligibility of the
Saline Valley Warm Springs Area as an
ethnographic site eligible for listing on
the National Register of Historic Places
under Criterion A. This assessment was
submitted to the State Historic
Preservation Office in early 2018. The
NPS found that historic properties in
the Area will not be adversely affected
by the implementation of the selected
alternative, which includes the
designation of the Chicken Strip.
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. The NPS may not conduct or
sponsor and the public is not required
to respond to a collection of information
unless it displays a currently valid OMB
control number.
42819
In consideration of the foregoing, the
National Park Service amends 36 CFR
part 7 as set forth below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
continues to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under D.C.
Code 10–137 and D.C. Code 50–2201.07.
2. Amend § 7.26:
a. By revising the section heading;
b. In paragraphs (a) through (d),
wherever it occurs, by removing the
word ‘‘Monument’’ and adding in its
place the word ‘‘Park’’; and
■ c. By adding paragraph (e)(3).
The revision and addition to read as
follows:
■
■
■
§ 7.26
Death Valley National Park.
*
*
*
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*
(e) * * *
(3) Saline Valley Warm Springs
Airfield, latitude N 36°48.41′, longitude
W 117°46.90′.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2019–17714 Filed 8–16–19; 8:45 am]
BILLING CODE 4310–EJ–P
National Environmental Policy Act of
1969 (NEPA)
ENVIRONMENTAL PROTECTION
AGENCY
This rule is part of a larger planning
process for Saline Valley Warm Springs
that constitutes a major Federal action
significantly affecting the quality of the
human environment. NPS has prepared
the FEIS and ROD under the NEPA. The
FEIS and ROD can be found online at
https://parkplanning.nps.gov/
SalineValleyWarmSprings, by clicking
on the link entitled ‘‘Document List.’’
40 CFR Part 52
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects in not required.
References Cited
A complete list of all references cited
in this proposed rule is available at
https://www.regulations.gov at Docket
No. NPS–2018–0008.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks,
Reporting and Recordkeeping
requirements.
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[EPA–R06–OAR–2015–0850; FRL–9997–80–
Region 6]
Air Plan Approval; New Mexico;
Approval of Revised Statutes; Error
Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to New Mexico’s
State Implementation Plan (SIP) that
incorporate updates to the New Mexico
statutes. EPA is also correcting its
previous approval of some statute
provisions to provide clarification of the
approval action taken.
DATES: This rule is effective on
November 18, 2019 without further
notice, unless the EPA receives relevant
adverse comment by September 18,
2019. If the EPA receives such
comment, the EPA will publish a timely
withdrawal in the Federal Register
SUMMARY:
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Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Rules and Regulations
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informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0850, at https://
www.regulations.gov or via email to
Riley.Jeffrey@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Jeff Riley, (214) 665–8542,
Riley.Jeffrey@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1201 Elm Street, Suite
500, Dallas, Texas 75270. 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).
FOR FURTHER INFORMATION CONTACT: Jeff
Riley, EPA Region 6 Office,
Infrastructure and Ozone Section, 1201
Elm Street, Suite 500, Dallas, TX 75270,
(214) 665–8542, Riley.Jeffrey@epa.gov.
To inspect the hard copy materials,
please schedule an appointment with
Jeff Riley or Mr. Bill Deese at (214) 665–
7253.
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 February 27,
2019 direct final rule and proposal (84
FR 6334, 84 FR 6353). In that direct
final rule, we approved revisions to the
New Mexico SIP that pertain to updated
statutes under New Mexico Statutes
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Annotated 1978 (NMSA) Chapter 74,
Article 2 contained in the State’s August
6, 2015 submittal to provide a
demonstration of how the existing New
Mexico SIP met the applicable section
110(a)(2) requirements for the revised
primary annual fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS) promulgated on
December 14, 2012 (78 FR 3085, January
15, 2013). We also made an error
correction to remove from the New
Mexico SIP certain statutes under
NMSA 1978 Chapter 74, Article 2
originally approved in our November 2,
1984 rulemaking (49 FR 44099).
The February 27, 2019 rule and
proposal stated that if any relevant
adverse comments were received by the
end of the public comment period on
March 29, 2019, the direct final rule
would be withdrawn, and we would
respond to the comments in a
subsequent final action. Relevant
adverse comments were received from
the City of Albuquerque Environmental
Health Department (EHD) and the New
Mexico Environmental Department
(NMED) during the comment period on
NMSA sections 74–2–6, 74–2–12 and
74–2–13; therefore, that portion of the
direct final rule was partially
withdrawn on May 16, 2019 (84 FR
22049). In the final rules section of this
issue of the Federal Register, EPA is
taking a separate final action to address
comments received relating to NMSA
sections 74–2–6, 74–2–12 and 74–2–13.
EPA also received comments relating
to NMSA sections 74–2–4 and 74–2–5.1,
both of which EPA did not act upon in
our February 27, 2019 direct final rule.
Although these comments were outside
the scope of that rulemaking, the
comments raised valid considerations
that should be addressed through this
direct final rule and the companion
proposal published in this issue of the
Federal Register.
II. The EPA’s Evaluation
A. NMSA Section 74–2–4
In a previous action to address parts
of the State’s August 6, 2015 submittal
(83 FR 12493, March 22, 2018), EPA
approved updates to NMSA section 74–
2–4 (Local authority), and revised the
table titled ‘‘EPA Approved New
Mexico Statutes’’ under 40 CFR
52.1620(e) with the following comment:
‘‘Approved for State Board Composition
and Conflict of Interest Provisions’’. In
a comment on EPA’s February 27, 2019
rulemaking, EHD interpreted this
language to mean that only the aspects
of this section pertaining to state board
composition and conflict of interest
provisions were approved as part of
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EPA’s March 22, 2018 action, and the
remainder of NMSA section 74–2–4 was
removed from the SIP at that time. EHD
further noted that NMSA section 74–2–
4 must be SIP-approved in full to satisfy
CAA section 110(a)(2) requirements
because it authorizes creation of a local
authority to assume control over air
quality in a local jurisdiction
(Albuquerque-Bernalillo County), using
a local board, local agency, and an
agency director to perform duties which
would otherwise be performed by the
NMED Secretary in the remainder of the
state. This section specifically grants
EHD authority to fulfill CAA
responsibilities for Bernalillo County.
We note that this interpretation of the
language under 40 CFR 52.1620(e) does
not accurately represent the action taken
in EPA’s March 22, 2018 rulemaking.
The remainder of NMSA section 74–2–
4 was not removed from the SIP in this
action; rather, the language was
included under 40 CFR 52.1620(e) to
indicate our reasoning for approving
updates to the entirety of NMSA section
74–2–4 into the SIP at the time of the
rulemaking. EPA acknowledges that this
language is unclear as to the SIP
approval status of NMSA section 74–2–
4, and we are revising the language
under 40 CFR 52.1620(e) to provide
clarification.
B. NMSA Section 74–2–5.1
As noted above, EPA did not act on
NMSA section 74–2–5.1 (Duties and
powers of the department and the local
agency) in our February 27, 2019 direct
final rulemaking. Additionally, this
section has not been previously
approved into the SIP. Comments
submitted by EHD and NMED state that
NMSA section 74–2–5.1 must be SIPapproved to satisfy CAA section
110(a)(2) requirements because it
describes the powers of EHD and NMED
to manage air quality and to implement
and enforce air quality requirements,
such as the powers to:
• Conduct investigations & studies,
entering properties;
• Institute legal proceedings to
compel compliance;
• Encourage voluntary cooperation;
• Consult on efficacy of contaminant
sources, devices or controls;
• Establish small business assistance
program (CAA section 507);
• Accept & administer grants (CAA
section 105); and
• Classify & record air contaminant
sources (emission inventories).
Further, NMSA section 74–2–5.1
authorizes EHD to develop and propose
control strategies to its Air Board.
The comments submitted by EHD and
NMED have provided clarification that
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this language confers to both agencies a
broad range of necessary state authority
to enforce the NAAQS that is not
provided elsewhere in SIP-approved
regulations and statutes. We agree that
NMSA section 74–2–5.1 details the
authority of EHD and NMED for
enforcement of the state Air Quality
Control Act (NMSA 1978 Chapter 74,
Article 2). EPA will approve NMSA
section 74–2–5.1 into the SIP to satisfy
CAA section 110(a)(2) requirements.
III. Final Action
We are approving revisions to the
New Mexico SIP that pertain to updated
statutes under NMSA 1978 Chapter 74,
Article 2 contained in the State’s August
6, 2015 submittal. We are also clarifying
an action taken in our March 22, 2018
rulemaking.
The 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 November 18, 2019
without further notice unless we receive
relevant adverse comment by September
18, 2019. 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.
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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 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
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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
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42821
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The 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.
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 October 18, 2019. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: August 13, 2019.
Kenley McQueen,
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(e), the table titled
‘‘EPA-Approved New Mexico Statutes’’
under ‘‘Chapter 74—Environmental
Improvement’’ is amended by:
■ a. Revising the entry for Section 74–
2–4; and
■ b. Adding an entry for Section 74–2–
5.1 in numerical order.
The revision and addition read as
follows:
■
§ 52.1620
*
Identification of plan.
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(e) * * *
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Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Rules and Regulations
EPA-APPROVED NEW MEXICO STATUTES
State citation
State approval/
effective date
Title/subject
EPA approval date
Comments
New Mexico Statutes
*
*
*
*
*
*
*
Chapter 74—Environmental Improvement
*
74–2–4 ............
*
Local Authority ................
*
*
74–2–5.1 .........
*
Duties and powers of the
department and the
local agency.
*
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
*
*
Jeff
Riley, EPA Region 6 Office,
Infrastructure and Ozone Section, 1201
Elm Street, Suite 500, Dallas, TX 75270,
214–665–8542, Riley.Jeffrey@epa.gov.
To inspect the hard copy materials,
please schedule an appointment with
Jeff Riley or Mr. Bill Deese at 214–665–
7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
[EPA–R06–OAR–2015–0850; FRL–9998–05–
Region 6]
Air Plan Approval; New Mexico;
Approval of Revised Statutes; Error
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to New Mexico’s
State Implementation Plan (SIP) that
incorporate updates to the New Mexico
statutes. EPA is also correcting its
previous approval of some statute
provisions as approval of these
provisions into the SIP was in error.
DATES: This final rule is effective on
September 18, 2019.
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
SUMMARY:
jspears on DSK3GMQ082PROD with RULES
*
*
Statute first approved 11/2/1984. Update approved
6/1/1999 addressed State Board Composition
and Conflict of Interest Provisions.
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 Office, 1201
Elm Street, Suite 500, Dallas, Texas
75270.
*
15:43 Aug 16, 2019
*
*
*
8/19/2019, [Insert Federal Register citation].
8/6/2015
[FR Doc. 2019–17745 Filed 8–16–19; 8:45 am]
VerDate Sep<11>2014
*
3/22/2018, 83 FR 12493
8/6/2015
Jkt 247001
I. Background
The background for this action is
discussed in detail in our February 27,
2019 direct final rule and proposal (84
FR 6334, 84 FR 6353). In the direct final
rule, we approved revisions to the New
Mexico SIP that pertain to updated
statutes under New Mexico Statutes
Annotated 1978 (NMSA) Chapter 74—
Article 2 contained in the State’s August
6, 2015 submittal. We also made an
error correction to remove from the New
Mexico SIP certain statutes under
NMSA 1978 Chapter 74, Article 2
originally approved in our November 2,
1984 rulemaking (49 FR 44099).
The rule and proposal stated that if
any relevant adverse comments were
received by the end of the public
comment period on March 29, 2019, the
direct final rule would be withdrawn,
and we would respond to the comments
in a subsequent final action. Relevant
adverse comments were received during
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*
*
*
*
the comment period, and the direct final
rule was partially withdrawn on May
16, 2019 (84 FR 22049). This partial
withdrawal only concerned statutes
being removed from the SIP (NMSA
sections 74–2–6, 74–2–12 and 74–2–13)
through our direct final rule that were
the subject of relevant adverse
comments. Our February 27, 2019
proposal provides the basis for this final
action.
We received comments on our
proposal from two commenters, the City
of Albuquerque Environmental Health
Department (EHD) and the New Mexico
Environmental Department (NMED).
Our responses to the comments are
below.
II. Response to Comments
Comment 1: EHD states that NMSA
section 74–2–4 (Local authority) must
be SIP-approved in full to satisfy CAA
section 110(a)(2) requirements because
it authorizes creation of a local authority
to assume control over air quality in a
local jurisdiction (AlbuquerqueBernalillo County), using a local board,
local agency, and an agency director to
perform duties which would otherwise
be performed by the NMED Secretary in
the remainder of the state. This section
specifically grants EHD authority to
fulfill CAA responsibilities for
Bernalillo County.
Response 1: EPA did not address
NMSA section 74–2–4 in our February
27, 2019 direct final rulemaking. Thus,
this comment is outside the scope of
this rulemaking. However, EPA is
addressing this comment in a separate
direct final rulemaking with the
opportunity for public comment
published elsewhere in this issue of the
Federal Register.
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]]>Agencies
[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Rules and Regulations]
[Pages 42819-42822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17745]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0850; FRL-9997-80-Region 6]
Air Plan Approval; New Mexico; Approval of Revised Statutes;
Error Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions to New
Mexico's State Implementation Plan (SIP) that incorporate updates to
the New Mexico statutes. EPA is also correcting its previous approval
of some statute provisions to provide clarification of the approval
action taken.
DATES: This rule is effective on November 18, 2019 without further
notice, unless the EPA receives relevant adverse comment by September
18, 2019. If the EPA receives such comment, the EPA will publish a
timely withdrawal in the Federal Register
[[Page 42820]]
informing the public that this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0850, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Jeff Riley, (214) 665-
8542, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1201 Elm Street, Suite 500, Dallas, Texas 75270. 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).
FOR FURTHER INFORMATION CONTACT: Jeff Riley, EPA Region 6 Office,
Infrastructure and Ozone Section, 1201 Elm Street, Suite 500, Dallas,
TX 75270, (214) 665-8542, [email protected]. To inspect the hard
copy materials, please schedule an appointment with Jeff Riley or Mr.
Bill Deese at (214) 665-7253.
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
February 27, 2019 direct final rule and proposal (84 FR 6334, 84 FR
6353). In that direct final rule, we approved revisions to the New
Mexico SIP that pertain to updated statutes under New Mexico Statutes
Annotated 1978 (NMSA) Chapter 74, Article 2 contained in the State's
August 6, 2015 submittal to provide a demonstration of how the existing
New Mexico SIP met the applicable section 110(a)(2) requirements for
the revised primary annual fine particulate matter (PM2.5)
National Ambient Air Quality Standard (NAAQS) promulgated on December
14, 2012 (78 FR 3085, January 15, 2013). We also made an error
correction to remove from the New Mexico SIP certain statutes under
NMSA 1978 Chapter 74, Article 2 originally approved in our November 2,
1984 rulemaking (49 FR 44099).
The February 27, 2019 rule and proposal stated that if any relevant
adverse comments were received by the end of the public comment period
on March 29, 2019, the direct final rule would be withdrawn, and we
would respond to the comments in a subsequent final action. Relevant
adverse comments were received from the City of Albuquerque
Environmental Health Department (EHD) and the New Mexico Environmental
Department (NMED) during the comment period on NMSA sections 74-2-6,
74-2-12 and 74-2-13; therefore, that portion of the direct final rule
was partially withdrawn on May 16, 2019 (84 FR 22049). In the final
rules section of this issue of the Federal Register, EPA is taking a
separate final action to address comments received relating to NMSA
sections 74-2-6, 74-2-12 and 74-2-13.
EPA also received comments relating to NMSA sections 74-2-4 and 74-
2-5.1, both of which EPA did not act upon in our February 27, 2019
direct final rule. Although these comments were outside the scope of
that rulemaking, the comments raised valid considerations that should
be addressed through this direct final rule and the companion proposal
published in this issue of the Federal Register.
II. The EPA's Evaluation
A. NMSA Section 74-2-4
In a previous action to address parts of the State's August 6, 2015
submittal (83 FR 12493, March 22, 2018), EPA approved updates to NMSA
section 74-2-4 (Local authority), and revised the table titled ``EPA
Approved New Mexico Statutes'' under 40 CFR 52.1620(e) with the
following comment: ``Approved for State Board Composition and Conflict
of Interest Provisions''. In a comment on EPA's February 27, 2019
rulemaking, EHD interpreted this language to mean that only the aspects
of this section pertaining to state board composition and conflict of
interest provisions were approved as part of EPA's March 22, 2018
action, and the remainder of NMSA section 74-2-4 was removed from the
SIP at that time. EHD further noted that NMSA section 74-2-4 must be
SIP-approved in full to satisfy CAA section 110(a)(2) requirements
because it authorizes creation of a local authority to assume control
over air quality in a local jurisdiction (Albuquerque-Bernalillo
County), using a local board, local agency, and an agency director to
perform duties which would otherwise be performed by the NMED Secretary
in the remainder of the state. This section specifically grants EHD
authority to fulfill CAA responsibilities for Bernalillo County.
We note that this interpretation of the language under 40 CFR
52.1620(e) does not accurately represent the action taken in EPA's
March 22, 2018 rulemaking. The remainder of NMSA section 74-2-4 was not
removed from the SIP in this action; rather, the language was included
under 40 CFR 52.1620(e) to indicate our reasoning for approving updates
to the entirety of NMSA section 74-2-4 into the SIP at the time of the
rulemaking. EPA acknowledges that this language is unclear as to the
SIP approval status of NMSA section 74-2-4, and we are revising the
language under 40 CFR 52.1620(e) to provide clarification.
B. NMSA Section 74-2-5.1
As noted above, EPA did not act on NMSA section 74-2-5.1 (Duties
and powers of the department and the local agency) in our February 27,
2019 direct final rulemaking. Additionally, this section has not been
previously approved into the SIP. Comments submitted by EHD and NMED
state that NMSA section 74-2-5.1 must be SIP-approved to satisfy CAA
section 110(a)(2) requirements because it describes the powers of EHD
and NMED to manage air quality and to implement and enforce air quality
requirements, such as the powers to:
Conduct investigations & studies, entering properties;
Institute legal proceedings to compel compliance;
Encourage voluntary cooperation;
Consult on efficacy of contaminant sources, devices or
controls;
Establish small business assistance program (CAA section
507);
Accept & administer grants (CAA section 105); and
Classify & record air contaminant sources (emission
inventories).
Further, NMSA section 74-2-5.1 authorizes EHD to develop and
propose control strategies to its Air Board.
The comments submitted by EHD and NMED have provided clarification
that
[[Page 42821]]
this language confers to both agencies a broad range of necessary state
authority to enforce the NAAQS that is not provided elsewhere in SIP-
approved regulations and statutes. We agree that NMSA section 74-2-5.1
details the authority of EHD and NMED for enforcement of the state Air
Quality Control Act (NMSA 1978 Chapter 74, Article 2). EPA will approve
NMSA section 74-2-5.1 into the SIP to satisfy CAA section 110(a)(2)
requirements.
III. Final Action
We are approving revisions to the New Mexico SIP that pertain to
updated statutes under NMSA 1978 Chapter 74, Article 2 contained in the
State's August 6, 2015 submittal. We are also clarifying an action
taken in our March 22, 2018 rulemaking.
The 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 November 18, 2019
without further notice unless we receive relevant adverse comment by
September 18, 2019. 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 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 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. The 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.
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 October 18, 2019. 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 13, 2019.
Kenley McQueen,
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 table titled ``EPA-Approved New Mexico
Statutes'' under ``Chapter 74--Environmental Improvement'' is amended
by:
0
a. Revising the entry for Section 74-2-4; and
0
b. Adding an entry for Section 74-2-5.1 in numerical order.
The revision and addition read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(e) * * *
[[Page 42822]]
EPA-Approved New Mexico Statutes
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
New Mexico Statutes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 74--Environmental Improvement
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74-2-4................. Local Authority..... 8/6/2015 3/22/2018, 83 FR Statute first approved 11/
12493. 2/1984. Update approved
6/1/1999 addressed State
Board Composition and
Conflict of Interest
Provisions.
* * * * * * *
74-2-5.1............... Duties and powers of 8/6/2015 8/19/2019, [Insert .........................
the department and Federal Register
the local agency. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-17745 Filed 8-16-19; 8:45 am]
BILLING CODE 6560-50-P
