Air Plan Approval; New Mexico; Repeal of State Regulations for Particulate Matter for Lime Manufacturing Plants, 59194-59196 [2020-19342]
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
‘‘Section 335–3–1–.02’’ under‘‘Chapter
No. 335–3–1 General Provision’’ to read
as follows:
Subpart B—Alabama
2. In § 52.50 amend the table in
paragraph (c) by revising the entry for
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§ 52.50
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EPA-APPROVED ALABAMA REGULATIONS
State citation
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Section 335–3–1–.02 ........
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0856; FRL–10014–
08–Region 6]
Air Plan Approval; New Mexico; Repeal
of State Regulations for Particulate
Matter for Lime Manufacturing Plants
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 a New Mexico State
Implementation Plan (SIP) revision for
the repeal of State regulations titled
20.2.20 NMAC (Title 20: Environmental
Protection, Chapter 2: Air Quality
(Statewide), Part 20: Lime
Manufacturing Plants—Particulate
Matter of the New Mexico
Administrative Code) that cover
particulate matter emission standards
for lime manufacturing plants and lime
hydrators in the State of New Mexico.
The EPA is approving the repeal of the
regulations based on the CAA section
110(l) demonstration contained in the
New Mexico submittal, which provides
that the SIP revision will not interfere
with attainment and maintenance of the
national ambient air quality standards
(NAAQS) or any other CAA
requirement.
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SUMMARY:
This rule is effective on October
21, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
DATES:
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Chapter No. 335–3–1
General Provision
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9/21/2020, [Insert citation of publication].
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[FR Doc. 2020–18107 Filed 9–18–20; 8:45 am]
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Explanation
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4/13/2020
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EPA approval date
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No. EPA–R06–OAR–2018–0856. 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. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Karolina Ruan Lei, EPA Region 6, Air
and Radiation Division, (214) 665–7346,
ruan-lei.karolina@epa.gov.
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 July 8, 2020,
proposal (85 FR 40951). In that
document, we proposed to approve the
New Mexico SIP revision submitted on
February 13, 2019, that would repeal
20.2.20 NMAC. We proposed to approve
the repeal of the regulation based on the
CAA section 110(l) demonstration
contained in the New Mexico submittal,
which provides that the SIP revision
will not interfere with attainment and
maintenance of the NAAQS or any other
CAA requirement.
II. Response to Comments
We received one anonymous public
comment on our proposal. The public
comment supported more stringent
requirements, even if not technically
required, in order to protect the
environment. We appreciate the public
comment. Our action to approve New
Mexico’s submission, which includes
repealing the New Mexico regulations at
20.2.20 NMAC and the accompanying
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non-interference demonstration, is
protective of the NAAQS and does not
interfere with any applicable CAA
requirement as is required by CAA
section 110(l). Section 110(l) of the CAA
provides that ‘‘. . . The Administrator
shall not approve a revision of a plan if
the revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in [CAA section
171]) or any other applicable
requirement of [the CAA].’’
In addition, a state can be more
stringent than the CAA requirements. If
a SIP submittal meets the CAA’s
requirements, however, the EPA must
approve it. This is made clear in CAA
section 110(k)(3), which states the
Administrator shall approve such
submittal as a whole if it meets all of the
applicable requirements. Thus, the EPA
must approve SIP submittals that meet
the CAA’s requirements. We note that
the commenter did not indicate reason
that the SIP revision did not comply
with the CAA.
As mentioned in the previous section,
our reasoning and basis for our approval
of the repeal of 20.2.20 NMAC are
described in detail in our proposed
rulemaking (85 FR 40951, July 8, 2020)
and the accompanying Technical
Support Document for that rulemaking,
found in Docket ID No. EPA–R06–OAR–
2018–0856. The summary of our
findings in our proposal is as follows.
After evaluating the State’s submittal,
we found that the removal of 20.2.20
NMAC from the New Mexico SIP will
not interfere with any applicable
requirement concerning attainment and
maintenance of the NAAQS as well as
reasonable further progress, or any other
applicable requirement of the CAA. We
base our finding on the following:
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• This rule, while originally intended
to apply to multiple sources, now only
applies to one source.
• The one source is also governed by
a permit issued under the SIP-approved
permitting requirements of 20.2.72
NMAC, Construction Permits, that
requires compliance with CAA
requirements, including the NAAQS.
• Modeling that shows that this one
source at its full potential to emit
emissions will not cause an exceedance
of the NAAQS or prevention of
significant deterioration (PSD)
increment.
• The nearest particulate matter
nonattainment area is 287 kilometers
away from this source, and its
nonattainment issues are primarily
caused by nonanthropogenic sources.
Therefore, the one subject source will
not have an impact on that area.
• Likewise, the one source is located
centrally in New Mexico and will
therefore have a negligible impact on
any surrounding state’s air quality.
• Finally, review of recent monitoring
data does not indicate particulate matter
nonattainment problems to which the
source might contribute.
• There are no other applicable
requirements, such as the New Mexico
Regional Haze Plan, with which
emissions from the source could
interfere.
• If new sources or modification at
the existing source occur, these changes
will have to be approved under NMED’s
SIP-approved permitting program to
ensure that the changes will not
interfere with attainment and
maintenance of the NAAQS.
Therefore, the removal of 20.2.20
NMAC from the New Mexico SIP will
not interfere with any applicable
requirement concerning attainment and
maintenance of the NAAQS as well as
reasonable further progress, or any other
applicable requirement of the CAA.
Therefore, under CAA section 110(k)(3)
the EPA must move forward with
approval of this SIP revision because it
meets the requirements of the Act.
III. Final Action
We are approving New Mexico’s
February 13, 2019, SIP submittal that
provides modifications to State
regulations and update the federally
approved New Mexico SIP accordingly.
This final rule removes 20.2.20 NMAC,
Lime Manufacturing Plants—Particulate
Matter, from the New Mexico SIP,
codified at 40 CFR part 52, subpart GG,
52.1620, as we find that such a revision
will not adversely affect the attainment
of applicable CAA requirements. This
action is being taken under section 110
of the Act.
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IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. As described
in the Final Action section above, the
EPA is finalizing to remove 20.2.20
NMAC, Lime Manufacturing Plants—
Particulate Matter, from the New
Mexico SIP, which is incorporated by
reference in accordance with the
requirements of 1 CFR part 51.
V. 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
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59195
• 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 November 20,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Dated: August 26, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
www.fcc.gov/document/fcc-openssecond-e-rate-application-windowfunding-year-2020.
1. The authority citation for part 52
continues to read as follows:
I. Introduction
1. Schools across the United States
continue to face unprecedented
disruptions and challenges due to the
coronavirus (COVID–19) pandemic. As
the school year begins, many school
districts are relying on remote learning,
either in whole or in part, to educate
students. This heightened reliance on
remote learning has dramatically
increased demand on school networks,
creating an urgent need for additional
bandwidth this school year.
2. Consistent with the relief the
Federal Communications Commission
(Commission) has previously provided
to schools affected by natural disasters
as well as recent actions the
Commission has taken in response to
the COVID–19 pandemic, the Bureau
adopts, on an emergency basis,
temporary rules to provide immediate
relief to schools that participate in the
E-Rate program as they continue to
contend with the ongoing disruptions
caused by the pandemic. These
temporary rules make available
additional E-Rate funding to schools in
funding year 2020 to purchase
additional bandwidth needed to meet
the unanticipated and increased
demand for on-campus connectivity
resulting from the pandemic.
3. Specifically, given the urgent need
for additional bandwidth this funding
year and subject to the limitations set
forth in the following, the Bureau
directs the Universal Administrative
Service Company (USAC) to open a
second funding year 2020 filing window
to allow schools to request additional
funding for this limited purpose without
having to undergo a new competitive
bidding process. This window shall
open September 21, 2020 and close on
October 16, 2020. As explained in the
following, the Bureau finds that the
exigent circumstances faced by the
schools contending with this full or
partial shift to remote learning
constitute good cause to adopt these
temporary rules without notice and
comment.
■
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
§ 52.1620
[Amended]
2. In § 52.1620 in paragraph (c),
amend the table titled ‘‘EPA Approved
New Mexico Regulations’’ by removing
the entry for ‘‘Part 20’’ titled ‘‘Lime
Manufacturing Plants—Particulate
Matter’’ under ‘‘New Mexico
Administrative Code (NMAC) Title 20—
Environment Protection Chapter 2—Air
Quality’’.
■
[FR Doc. 2020–19342 Filed 9–18–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[CC Docket No. 02–6; DA 20–1091; FRS
17084]
Schools and Libraries Universal
Service Support Mechanism
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau (Bureau)
adopts, on an emergency basis,
temporary rules to provide immediate
relief to schools that participate in the
E-Rate program as they continue to
contend with the ongoing disruptions
caused by the pandemic. These
temporary rules make available
additional E-Rate funding to schools in
funding year 2020 to purchase
additional bandwidth needed to meet
the unanticipated and increased
demand for on-campus connectivity
resulting from the COVID–19 pandemic.
DATES: Effective September 21, 2020.
FOR FURTHER INFORMATION CONTACT: Kate
Dumouchel, Wireline Competition
Bureau, (202) 418–7400 or TTY: (202)
418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of the Bureau’s Order in CC
Docket No. 02–6; DA 20–1091, adopted
on September 16, 2020 and released on
September 16, 2020. Due to the COVID–
19 pandemic, the Commission’s
headquarters will be closed to the
general public until further notice. The
full text of this document is available at
the following internet address: https://
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SUMMARY:
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II. Discussion
4. Recognizing the many challenges
facing schools as they shift to full or
partial remote learning during this
school year, the Bureau directs USAC to
open a second funding year 2020
application window to allow schools to
request additional E-Rate discounts for
the limited purpose of purchasing
additional bandwidth to meet the
unanticipated and increased demand for
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on-campus connectivity, subject to the
parameters and limitations in the Order.
Specifically, in light of the
extraordinary and unforeseeable
changes our nation’s schools are facing
since the start of the COVID–19
pandemic, and consistent with the
Commission’s prior actions in response
to this unprecedented public health
emergency and other extreme
circumstances caused by natural
disasters, the Bureau adopts temporary
rules to allow schools needing more
bandwidth to request additional E-Rate
support without conducting a new
competitive bidding process for
bandwidth provided in funding year
2020.
5. Second Funding Year 2020
Application Window. The second
funding year 2020 application window
shall open September 21, 2020 and will
remain open through October 16, 2020.
The Bureau finds that this window will
provide enough time for applicants
participating in the second funding year
2020 application window—many of
which have already contracted for
additional bandwidth before the school
year began—to apply for additional ERate discounts for funding year 2020
and, to the extent necessary, complete
any competitive bidding that may be
required under state and local laws.
6. In keeping the window open only
through October 16, 2020, the Bureau
also balances the need to provide
immediate relief to applicants requiring
additional bandwidth in funding year
2020 with its obligation to ensure the
efficient administration of the E-Rate
program, including minimizing any
potential delays in opening the funding
year 2021 administrative and regular
application windows. Given the
upcoming changes to the category two
budget rules beginning in funding year
2021, the Bureau anticipates that
applicants will need as much time as
possible during the funding year 2021
administrative window to make
necessary updates to their student count
numbers for category two budget
purposes. Thus, the Bureau seeks to
avoid further delaying the opening of
the administrative window by closing
this second funding year 2020 filing
window before that occurs. Both
windows cannot be open at the same
time. The Bureau expects demand for ERate funding to remain well below the
cap for funding year 2020.
7. Eligible Services. During this
second funding year 2020 application
window, schools may only request ERate discounts for additional on-campus
category one internet access and/or data
transmission services needed as a result
of the COVID–19 pandemic. The Bureau
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]]>Agencies
[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59194-59196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19342]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0856; FRL-10014-08-Region 6]
Air Plan Approval; New Mexico; Repeal of State Regulations for
Particulate Matter for Lime Manufacturing Plants
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 a New Mexico State
Implementation Plan (SIP) revision for the repeal of State regulations
titled 20.2.20 NMAC (Title 20: Environmental Protection, Chapter 2: Air
Quality (Statewide), Part 20: Lime Manufacturing Plants--Particulate
Matter of the New Mexico Administrative Code) that cover particulate
matter emission standards for lime manufacturing plants and lime
hydrators in the State of New Mexico. The EPA is approving the repeal
of the regulations based on the CAA section 110(l) demonstration
contained in the New Mexico submittal, which provides that the SIP
revision will not interfere with attainment and maintenance of the
national ambient air quality standards (NAAQS) or any other CAA
requirement.
DATES: This rule is effective on October 21, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0856. 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. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Karolina Ruan Lei, EPA Region 6,
Air and Radiation Division, (214) 665-7346, [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 July
8, 2020, proposal (85 FR 40951). In that document, we proposed to
approve the New Mexico SIP revision submitted on February 13, 2019,
that would repeal 20.2.20 NMAC. We proposed to approve the repeal of
the regulation based on the CAA section 110(l) demonstration contained
in the New Mexico submittal, which provides that the SIP revision will
not interfere with attainment and maintenance of the NAAQS or any other
CAA requirement.
II. Response to Comments
We received one anonymous public comment on our proposal. The
public comment supported more stringent requirements, even if not
technically required, in order to protect the environment. We
appreciate the public comment. Our action to approve New Mexico's
submission, which includes repealing the New Mexico regulations at
20.2.20 NMAC and the accompanying non-interference demonstration, is
protective of the NAAQS and does not interfere with any applicable CAA
requirement as is required by CAA section 110(l). Section 110(l) of the
CAA provides that ``. . . The Administrator shall not approve a
revision of a plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in [CAA section 171]) or any other applicable requirement of
[the CAA].''
In addition, a state can be more stringent than the CAA
requirements. If a SIP submittal meets the CAA's requirements, however,
the EPA must approve it. This is made clear in CAA section 110(k)(3),
which states the Administrator shall approve such submittal as a whole
if it meets all of the applicable requirements. Thus, the EPA must
approve SIP submittals that meet the CAA's requirements. We note that
the commenter did not indicate reason that the SIP revision did not
comply with the CAA.
As mentioned in the previous section, our reasoning and basis for
our approval of the repeal of 20.2.20 NMAC are described in detail in
our proposed rulemaking (85 FR 40951, July 8, 2020) and the
accompanying Technical Support Document for that rulemaking, found in
Docket ID No. EPA-R06-OAR-2018-0856. The summary of our findings in our
proposal is as follows.
After evaluating the State's submittal, we found that the removal
of 20.2.20 NMAC from the New Mexico SIP will not interfere with any
applicable requirement concerning attainment and maintenance of the
NAAQS as well as reasonable further progress, or any other applicable
requirement of the CAA. We base our finding on the following:
[[Page 59195]]
This rule, while originally intended to apply to multiple
sources, now only applies to one source.
The one source is also governed by a permit issued under
the SIP-approved permitting requirements of 20.2.72 NMAC, Construction
Permits, that requires compliance with CAA requirements, including the
NAAQS.
Modeling that shows that this one source at its full
potential to emit emissions will not cause an exceedance of the NAAQS
or prevention of significant deterioration (PSD) increment.
The nearest particulate matter nonattainment area is 287
kilometers away from this source, and its nonattainment issues are
primarily caused by nonanthropogenic sources. Therefore, the one
subject source will not have an impact on that area.
Likewise, the one source is located centrally in New
Mexico and will therefore have a negligible impact on any surrounding
state's air quality.
Finally, review of recent monitoring data does not
indicate particulate matter nonattainment problems to which the source
might contribute.
There are no other applicable requirements, such as the
New Mexico Regional Haze Plan, with which emissions from the source
could interfere.
If new sources or modification at the existing source
occur, these changes will have to be approved under NMED's SIP-approved
permitting program to ensure that the changes will not interfere with
attainment and maintenance of the NAAQS.
Therefore, the removal of 20.2.20 NMAC from the New Mexico SIP will
not interfere with any applicable requirement concerning attainment and
maintenance of the NAAQS as well as reasonable further progress, or any
other applicable requirement of the CAA. Therefore, under CAA section
110(k)(3) the EPA must move forward with approval of this SIP revision
because it meets the requirements of the Act.
III. Final Action
We are approving New Mexico's February 13, 2019, SIP submittal that
provides modifications to State regulations and update the federally
approved New Mexico SIP accordingly. This final rule removes 20.2.20
NMAC, Lime Manufacturing Plants--Particulate Matter, from the New
Mexico SIP, codified at 40 CFR part 52, subpart GG, 52.1620, as we find
that such a revision will not adversely affect the attainment of
applicable CAA requirements. This action is being taken under section
110 of the Act.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. As described in the Final Action
section above, the EPA is finalizing to remove 20.2.20 NMAC, Lime
Manufacturing Plants--Particulate Matter, from the New Mexico SIP,
which is incorporated by reference in accordance with the requirements
of 1 CFR part 51.
V. 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 November 20, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: August 26, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
[[Page 59196]]
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
Sec. 52.1620 [Amended]
0
2. In Sec. 52.1620 in paragraph (c), amend the table titled ``EPA
Approved New Mexico Regulations'' by removing the entry for ``Part 20''
titled ``Lime Manufacturing Plants--Particulate Matter'' under ``New
Mexico Administrative Code (NMAC) Title 20--Environment Protection
Chapter 2--Air Quality''.
[FR Doc. 2020-19342 Filed 9-18-20; 8:45 am]
BILLING CODE 6560-50-P
