Air Plan Approval; New Mexico; Interstate Transport Requirements for 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 52688-52690 [2022-18532]
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52688
Federal Register / Vol. 87, No. 166 / Monday, August 29, 2022 / Rules and Regulations
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone encompassing a 1,000 foot radius
of the Battleship Texas while it is under
tow within the Houston Ship Channel
and Galveston Channel. It is
categorically excluded from further
review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
(a) Location. The following area is a
safety zone during specified conditions:
All navigable waters within a 1,000 foot
radius of the deadship tow of the
Battleship Texas while the vessel
transits the Houston Ship Channel and
Galveston Channel.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Houston-Galveston (COTP)
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by 281–464–4780, or
email at houstonwwm@uscg.mil. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) Tug and barge traffic will be
authorized to transit through the safety
zone in the barge lanes, with no meeting
or overtaking of other tug and barge
traffic, with Vessel Traffic Service
approval.
(c) Enforcement period. The safety
zone remains in effect from 6 a.m. until
9 p.m. on August 31, 2022, until the
Battleship Texas is moored at the
drydock facility on the Galveston
Channel.
Dated: August 22, 2022.
J.E. Smith,
Captain, U.S. Coast Guard, Captain of the
Port, Houston-Galveston.
[FR Doc. 2022–18578 Filed 8–26–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Harbours, Marine safety, Navigation,
Reporting and recordkeeping
requirements, Security measures,
Waterways.
40 CFR Part 52
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Air Plan Approval; New Mexico;
Interstate Transport Requirements for
2010 Nitrogen Dioxide National
Ambient Air Quality Standards
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
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§ 165.T08–0651 Safety Zone; Houston Ship
Channel, Houston, TX.
2. Add § 165.T08–0651 to read as
follows:
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revision
submitted by the State of New Mexico,
through the New Mexico Environment
Department (NMED), for the purpose of
addressing the Clean Air Act (CAA or
‘‘Act’’) ‘‘good neighbor’’ interstate
SUMMARY:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
■
[EPA–R06–OAR–2021–0772; FRL–9889–02–
R6]
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transport (prongs 1 and 2) infrastructure
SIP requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) National
Ambient Air Quality Standard
(NAAQS). Specifically, the EPA is
approving New Mexico’s June 25, 2021,
SIP revision that address prongs 1 and
2 to ensure that air emissions in the
State do not significantly contribute to
nonattainment or interfere with the
maintenance of the 2010 1-hour NO2
NAAQS in any other state. The EPA is
approving this action pursuant to
section 110 and part D of the CAA and
the EPA’s regulations.
DATES: This final rule is effective on
September 28, 2022.
ADDRESSES: The EPA has established a
docket for this action, Docket No. EPA–
R06–OAR–2021–0772. 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 may 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
The EPA published a proposed rule
for the approval of New Mexico’s, June
25, 2021, SIP submission to address the
2010 1-hour NO2 NAAQS. The
background for this action and rational
for EPA’s proposed action are explained
in the notice of proposed rulemaking
(NPRM) (87 FR 38362, June 28, 2022),
and will not be restated here. No
comment was received during the
public comment period which ended on
July 28, 2022.
II. Final Action
EPA is approving the New Mexico’s
June 25, 2021, SIP submission as
satisfying the requirements of CAA
E:\FR\FM\29AUR1.SGM
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Federal Register / Vol. 87, No. 166 / Monday, August 29, 2022 / Rules and Regulations
section 110(a)(2)(D)(i)(I) for the 2010 1hour NO2 NAAQS interstate transport
prongs 1 and 2. New Mexico’s SIP
submission includes provisions that
ensure emissions from New Mexico will
not significantly contribute to
nonattainment or interfere with the
maintenance of the 2010 NO2 NAAQS
in any other state. The EPA is approving
this action pursuant to section 110 of
the CAA.
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III. Environmental Justice
Considerations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to
identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ 1
The EPA provided additional analysis
of environmental justice associated with
this action for the purpose of providing
information to the public in our June 28,
2022 proposal (87 FR 38362). The EPA’s
analysis shown in the proposed action
demonstrates that there are no areas in
New Mexico or nationwide that show
problems attaining or maintaining air
quality with regard to 2010 NO2
NAAQS. There is also no indication that
NO2 emissions from New Mexico would
contribute to environmental and health
impacts on any group, including
minority and low-income population. In
addition, the national average of NO2
concentrations have decreased
substantially over the years.2
We therefore believe that this rule
will not have disproportionately high or
adverse human health or environmental
1 https://www.epa.gov/environmentaljustice/
learn-about-environmental-justice.
2 See https://www.epa.gov/air-trends/nitrogendioxide-trends.
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effects on communities with
environmental justice concerns.
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,
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
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52689
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 October 28, 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 23, 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.
E:\FR\FM\29AUR1.SGM
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52690
Federal Register / Vol. 87, No. 166 / Monday, August 29, 2022 / Rules and Regulations
Measures in the New Mexico SIP’’ is
amended by adding the entry ‘‘Interstate
Transport for the 2010 NO2 NAAQS’’ at
the end of the table to read as follows:
Subpart GG—New Mexico
2. In § 52.1620(e), the table titled
‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
■
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable geographic
or nonattainment area
Name of SIP provision
State
submittal/
effective
date
*
*
*
*
Interstate Transport for the 2010 NO2 NAAQS ... Statewide .....................
[FR Doc. 2022–18532 Filed 8–26–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0673; FRL–9878–02–
R6]
Air Plan Approval; AlbuquerqueBernalillo County, New Mexico; Excess
Emissions
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 State Implementation
Plan (SIP) revision from the New
Mexico Environment Department
(NMED) submitted on October 17, 2016,
on behalf of the Albuquerque-Bernalillo
County Air Quality Control Board (Air
Board). The submittal is in response to
the EPA’s national SIP call on June 12,
2015, concerning excess emissions
during periods of Startup, Shutdown,
and Malfunction (SSM). EPA is
approving the SIP submittal and finds
that the SIP revision corrects the
substantial inadequacies identified in
the June 12, 2015, SIP call.
DATES: This rule is effective on
September 28, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2016–0673. 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
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SUMMARY:
VerDate Sep<11>2014
16:03 Aug 26, 2022
Jkt 256001
EPA approval date
*
6/25/2021
*
8/29/2022, [Insert Federal Register citation].
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar, Regional Haze and SO2
Section, EPA Region 6 Office, 1201 Elm
Street, Suite 500, Dallas, Texas 75270,
(214) 665–6691, Shar.alan@epa.gov. Out
of an abundance of caution for members
of the public and our staff, the EPA
Region 6 office may 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 ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our June 13, 2022
(87 FR 35701) proposal. In that
document, we proposed to approve the
removal of Part 49 Excess Emissions
from the Albuquerque-Bernalillo County
provisions of the New Mexico SIP. We
also proposed to determine that such
SIP revision corrects the substantial
inadequacies identified in the June 12,
2015 SIP call.
II. Response to Comments
The public comment period for our
proposed approval and determination
ended on July 13, 2022, and no adverse
comments were received. We received
one comment supporting the action and
urged EPA to take action on a separate
SIP submittal concerning 20.2.7 NMAC
Excess Emissions of the New Mexico
SIP.
We acknowledge the support for our
proposal and note that while 20.2.7
NMAC (Part 7 Excess Emissions) of the
New Mexico SIP was not the subject of
our June 13, 2022 (87 FR 35701)
proposal, the EPA intends to fulfill its
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Frm 00030
Fmt 4700
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Explanation
*
obligations under the terms of a consent
decree for taking action on the New
Mexico SIP submittal concerning 20.2.7
NMAC.1 As no concerns were raised in
public comment, we are finalizing our
action as proposed.
III. Final Action
The EPA is approving a revision to
the Albuquerque-Bernalillo County
provisions of the New Mexico SIP
submitted on October 17, 2016, in
response to the EPA’s national SIP call
of June 12, 2015, concerning excess
emissions during periods of SSM. More
specifically, we are approving the
removal of Part 49 Excess Emissions
from the Albuquerque-Bernalillo County
provisions of the New Mexico SIP. We
are approving these revisions in
accordance with section 110 of the Act.
EPA is also determining that the SIP
revision corrects the inadequacies
identified in the June 12, 2015 SIP call.
IV. Environmental Justice
Considerations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to
identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
1 See Consent Decree resolving Sierra Club et al.
v. Regan (Case No. 4:21–CV–6956–SBA, N.D.
Calif.).
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52688-52690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18532]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0772; FRL-9889-02-R6]
Air Plan Approval; New Mexico; Interstate Transport Requirements
for 2010 Nitrogen Dioxide 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) revision submitted by the State of New
Mexico, through the New Mexico Environment Department (NMED), for the
purpose of addressing the Clean Air Act (CAA or ``Act'') ``good
neighbor'' interstate transport (prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour Nitrogen Dioxide (NO2)
National Ambient Air Quality Standard (NAAQS). Specifically, the EPA is
approving New Mexico's June 25, 2021, SIP revision that address prongs
1 and 2 to ensure that air emissions in the State do not significantly
contribute to nonattainment or interfere with the maintenance of the
2010 1-hour NO2 NAAQS in any other state. The EPA is
approving this action pursuant to section 110 and part D of the CAA and
the EPA's regulations.
DATES: This final rule is effective on September 28, 2022.
ADDRESSES: The EPA has established a docket for this action, Docket No.
EPA-R06-OAR-2021-0772. 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 may 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
The EPA published a proposed rule for the approval of New Mexico's,
June 25, 2021, SIP submission to address the 2010 1-hour NO2
NAAQS. The background for this action and rational for EPA's proposed
action are explained in the notice of proposed rulemaking (NPRM) (87 FR
38362, June 28, 2022), and will not be restated here. No comment was
received during the public comment period which ended on July 28, 2022.
II. Final Action
EPA is approving the New Mexico's June 25, 2021, SIP submission as
satisfying the requirements of CAA
[[Page 52689]]
section 110(a)(2)(D)(i)(I) for the 2010 1-hour NO2 NAAQS
interstate transport prongs 1 and 2. New Mexico's SIP submission
includes provisions that ensure emissions from New Mexico will not
significantly contribute to nonattainment or interfere with the
maintenance of the 2010 NO2 NAAQS in any other state. The
EPA is approving this action pursuant to section 110 of the CAA.
III. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \1\
---------------------------------------------------------------------------
\1\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------
The EPA provided additional analysis of environmental justice
associated with this action for the purpose of providing information to
the public in our June 28, 2022 proposal (87 FR 38362). The EPA's
analysis shown in the proposed action demonstrates that there are no
areas in New Mexico or nationwide that show problems attaining or
maintaining air quality with regard to 2010 NO2 NAAQS. There
is also no indication that NO2 emissions from New Mexico
would contribute to environmental and health impacts on any group,
including minority and low-income population. In addition, the national
average of NO2 concentrations have decreased substantially
over the years.\2\
---------------------------------------------------------------------------
\2\ See https://www.epa.gov/air-trends/nitrogen-dioxide-trends.
---------------------------------------------------------------------------
We therefore believe that this rule will not have
disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
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, 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 October 28, 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 23, 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.
[[Page 52690]]
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 ``Interstate Transport for the 2010
NO2 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate Transport for the 2010 Statewide.......... 6/25/2021 8/29/2022, [Insert ...................
NO2 NAAQS. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-18532 Filed 8-26-22; 8:45 am]
BILLING CODE 6560-50-P
