Air Plan Approval; New Mexico; Clean Air Act Requirements for Emissions Inventory and Emissions Statement for Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standards, 12592-12593 [2022-04525]
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12592
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations
Issued at Washington, DC, under authority
delegated at 49 CFR part 1.101.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2022–04218 Filed 3–4–22; 8:45 am]
BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0167; FRL–8989–02–
R6]
Air Plan Approval; New Mexico; Clean
Air Act Requirements for Emissions
Inventory and Emissions Statement for
Nonattainment Area for the 2015
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) submitted by
the State of New Mexico to meet the
Emissions Inventory (EI), and Emissions
Statement (ES) requirements of the
Federal Clean Air Act (CAA or the Act)
for the Sunland Park ozone
nonattainment area for the 2015
8-hour ozone national ambient air
quality standards (NAAQS). EPA is
approving this action pursuant to
section 110 and part D of the CAA and
EPA’s regulations.
DATES: This final rule is effective on
April 6, 2022.
ADDRESSES: The EPA has established a
docket for this action, Docket No. EPA–
R06–OAR–2020–0167 All documents in
the docket are listed on the https://
www.regulations.gov. 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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Nevine Salem, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–7222, salem.nevine@epa.gov. Out
of an abundance of caution for members
of the public and our staff, the EPA
Region 6 office will be closed to the
public to reduce the risk of transmitting
COVID–19. Please call or email the
contact listed above if you need
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:01 Mar 04, 2022
Jkt 256001
alternative access to material indexed
but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
On October 15, 2021 (86 FR 57388),
the EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Mexico, for the approval of the
State’s 2017 base year emission
inventories and emissions statement
requirements for the Sunland Park
Sunland Park marginal ozone
nonattainment area for the 2015 ozone
NAAQS. The background for this action
and rational for EPA’s proposed action
are explained in the NPRM and will not
be restated here. One anonymous
comment was received during the
public comment period which ended on
November 15, 2021.
II. Response to Comments
Comment: The commenter believes
that New Mexico is doing its best in
implementing regulations promulgated
by the EPA under the CAA. The
commenter inquired about EPA’s
procedure for enforcing the CAA
regulations, and expressed concern that
the clean air policy would fail without
the collective actions of other states.
Response: We appreciate the
commenter’s perspective that New
Mexico is doing its best in
implementing CAA regulations
promulgated by the EPA. However, the
issues raised by the commenter are
outside the scope of this action. This
action is limited to the approval of the
Emissions Inventory and Emissions
Statement requirements for the 2015 8hour ozone NAAQS submitted by the
state of New Mexico, for the Sunland
Parkozone nonattainment area, New
Mexico, under the CAA.
The CAA establishes a comprehensive
program for controlling and improving
the nation’s air quality through state and
federal regulation. This comprehensive
program is based on cooperative
federalism that divides responsibilities
between the EPA and the states. Under
the CAA, the EPA establishes the
national air quality standards, and the
states are primarily responsible for
implementing those standards, with
oversight from EPA.
Upon the promulgation or revision of
a NAAQS by the EPA, each state is
required to submit a state
implementation plan (SIP). The SIP
provides the ‘‘implementation,
maintenance, and enforcement’’ of the
NAAQS, and must ‘‘contain adequate
provisions’’ prohibiting air emissions in
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
amounts that contribute significantly to
nonattainment or that interfere with the
maintenance of the NAAQS in
neighboring states. 42 U.S.C.
7410(a)(2)(D)(i)(I). Where a state fails to
submit all or a portion of a SIP as
required by the CAA, or where the EPA
disapproves a SIP as not meeting the
CAA requirements, the EPA will assert
federal oversight authority and develop
a federal implementation plan (FIP) for
the state. It may also develop a FIP for
tribal lands if a tribe elects not to
develop their own implementation plan,
as appropriate.
The applicable state and the EPA both
have authority to bring enforcement
actions for violations of federallyapproved SIPs. Members of the public
can also file citizen suits under the CAA
to address violations of SIPs. For more
details on Air Quality Implementation
Plans please visit https://www.epa.gov/
air-quality-implementation-plans.
III. Final Action
EPA is approving the New Mexico SIP
revisions submitted on September 10,
2020 to address the emissions inventory
and emissions statement requirements
for the Sunland Park area for the 2015
ozone NAAQS. The emissions inventory
we are approving is listed in Table 1 of
the NPRM. We are approving the
emissions inventory because it contains
a comprehensive, accurate, and current
inventory of actual emissions for all
relevant sources in accordance with
CAA sections 172(c)(3) and 182(a)(1)
requirements. We are also approving the
New Mexico emission statement
because it includes the approved
provision addressing the emission
statement requirement in CAA section
182(a)(3)(B). New Mexico adopted the
emission inventories consistent with the
requirement for reasonable public notice
and opportunity for a public hearing.
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 proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
E:\FR\FM\07MRR1.SGM
07MRR1
12593
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
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 proposed 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
Start Printed Page 11875 copy of the
rule, to each House of the Congress and
to the Comptroller General of the United
States. EPA will submit a report
containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 6, 2022. 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, Nitrogen dioxide, Ozone,
Reporting and record keeping
requirements, Volatile organic
compounds.
Dated: February 28, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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 Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP’’ is
amended by adding the entry ‘‘2017
Emissions Inventory and Emissions
Statement for the 2015 Ozone NAAQS’’
at the end of the table to read as follows:
■
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
*
*
2017 Emissions Inventory and
Emissions Statement for the
2015 Ozone NAAQS.
State
submittal/
effective date
Applicable geographic or
nonattainment area
Name of SIP provision
*
Sunland Park ozone nonattainment area.
[FR Doc. 2022–04525 Filed 3–4–22; 8:45 am]
BILLING CODE 6560–50–P
*
9/20/2020
EPA approval date
*
*
3/7/2022 [Insert Federal Register
citation].
ENVIRONMENTAL PROTECTION
AGENCY
khammond on DSKJM1Z7X2PROD with RULES
40 CFR Part 281
Approval of State Underground
Storage Tank Program Revisions;
Hawaii
Environmental Protection
Agency (EPA).
AGENCY:
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*
Notification of final
determination on the State of Hawaii’s
application for final approval.
ACTION:
Hawaii has applied to the
Environmental Protection Agency (EPA)
for updated approval of changes made
to its Underground Storage Tank
Program under the Resource
Conservation and Recovery Act, as
amended, since the previous approval of
Hawaii’s Underground Storage Tank
Program in September 2002. The EPA
has reviewed Hawaii’s application and
SUMMARY:
[EPA–R09–UST–2022–0197; FRL–9571–01–
R9]
Explanation
E:\FR\FM\07MRR1.SGM
07MRR1
]]>Agencies
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12592-12593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04525]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0167; FRL-8989-02-R6]
Air Plan Approval; New Mexico; Clean Air Act Requirements for
Emissions Inventory and Emissions Statement for Nonattainment Area for
the 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) submitted by the State of New Mexico to
meet the Emissions Inventory (EI), and Emissions Statement (ES)
requirements of the Federal Clean Air Act (CAA or the Act) for the
Sunland Park ozone nonattainment area for the 2015 8-hour ozone
national ambient air quality standards (NAAQS). EPA is approving this
action pursuant to section 110 and part D of the CAA and EPA's
regulations.
DATES: This final rule is effective on April 6, 2022.
ADDRESSES: The EPA has established a docket for this action, Docket No.
EPA-R06-OAR-2020-0167 All documents in the docket are listed on the
https://www.regulations.gov. 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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-7222, [email protected].
Out of an abundance of caution for members of the public and our staff,
the EPA Region 6 office will be closed to the public to reduce the risk
of transmitting COVID-19. Please call or email the contact listed above
if you need alternative access to material indexed but not provided in
the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On October 15, 2021 (86 FR 57388), the EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of New Mexico, for the
approval of the State's 2017 base year emission inventories and
emissions statement requirements for the Sunland Park Sunland Park
marginal ozone nonattainment area for the 2015 ozone NAAQS. The
background for this action and rational for EPA's proposed action are
explained in the NPRM and will not be restated here. One anonymous
comment was received during the public comment period which ended on
November 15, 2021.
II. Response to Comments
Comment: The commenter believes that New Mexico is doing its best
in implementing regulations promulgated by the EPA under the CAA. The
commenter inquired about EPA's procedure for enforcing the CAA
regulations, and expressed concern that the clean air policy would fail
without the collective actions of other states.
Response: We appreciate the commenter's perspective that New Mexico
is doing its best in implementing CAA regulations promulgated by the
EPA. However, the issues raised by the commenter are outside the scope
of this action. This action is limited to the approval of the Emissions
Inventory and Emissions Statement requirements for the 2015 8-hour
ozone NAAQS submitted by the state of New Mexico, for the Sunland
Parkozone nonattainment area, New Mexico, under the CAA.
The CAA establishes a comprehensive program for controlling and
improving the nation's air quality through state and federal
regulation. This comprehensive program is based on cooperative
federalism that divides responsibilities between the EPA and the
states. Under the CAA, the EPA establishes the national air quality
standards, and the states are primarily responsible for implementing
those standards, with oversight from EPA.
Upon the promulgation or revision of a NAAQS by the EPA, each state
is required to submit a state implementation plan (SIP). The SIP
provides the ``implementation, maintenance, and enforcement'' of the
NAAQS, and must ``contain adequate provisions'' prohibiting air
emissions in amounts that contribute significantly to nonattainment or
that interfere with the maintenance of the NAAQS in neighboring states.
42 U.S.C. 7410(a)(2)(D)(i)(I). Where a state fails to submit all or a
portion of a SIP as required by the CAA, or where the EPA disapproves a
SIP as not meeting the CAA requirements, the EPA will assert federal
oversight authority and develop a federal implementation plan (FIP) for
the state. It may also develop a FIP for tribal lands if a tribe elects
not to develop their own implementation plan, as appropriate.
The applicable state and the EPA both have authority to bring
enforcement actions for violations of federally-approved SIPs. Members
of the public can also file citizen suits under the CAA to address
violations of SIPs. For more details on Air Quality Implementation
Plans please visit https://www.epa.gov/air-quality-implementation-plans.
III. Final Action
EPA is approving the New Mexico SIP revisions submitted on
September 10, 2020 to address the emissions inventory and emissions
statement requirements for the Sunland Park area for the 2015 ozone
NAAQS. The emissions inventory we are approving is listed in Table 1 of
the NPRM. We are approving the emissions inventory because it contains
a comprehensive, accurate, and current inventory of actual emissions
for all relevant sources in accordance with CAA sections 172(c)(3) and
182(a)(1) requirements. We are also approving the New Mexico emission
statement because it includes the approved provision addressing the
emission statement requirement in CAA section 182(a)(3)(B). New Mexico
adopted the emission inventories consistent with the requirement for
reasonable public notice and opportunity for a public hearing.
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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735,
[[Page 12593]]
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely 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 proposed 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 Start Printed Page
11875 copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 6, 2022. 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, Nitrogen dioxide, Ozone, Reporting and record keeping
requirements, Volatile organic compounds.
Dated: February 28, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 Nonregulatory
Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is
amended by adding the entry ``2017 Emissions Inventory and Emissions
Statement for the 2015 Ozone NAAQS'' at the end of the table to read as
follows:
Sec. 52.1620 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2017 Emissions Inventory and Sunland Park ozone 9/20/2020 3/7/2022 [Insert .....................
Emissions Statement for the nonattainment area. Federal Register
2015 Ozone NAAQS. citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-04525 Filed 3-4-22; 8:45 am]
BILLING CODE 6560-50-P
