Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 28181 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

For the reasons set forth in the 

preamble, amend part 706 of title 32 of 

the CFR as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follow: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended in Table 

Three, by revising the entries for USS 

MICHIGAN (SSGN 727) and USS 

GEORGIA (SSGN 729), to read as 

follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE THREE

Vessel Number 

Masthead 

lights arc 

of 

visibility; 

rule 21(a) 

Side lights 

arc of 

visibility; 

rule 21(b) 

Stern light 

arc of 

visibility; 

rule 21(c) 

Side lights 

distance 

inboard of 

ship’s sides 

in meters: 

Section 

3(b) annex 1 

Stern light 

distance 

forward of 

stern in 

meters; 

rule 21(c) 

Forward 

anchor light, 

height above 

hull in 

meters; 

Section 2(K) 

annex 1 

Anchor lights 

relationship 

of aft light 

to forward 

light in 

meters; 

Section 2(K) 

annex 1 

*******

USS MICHIGAN SSGN 727 225° 112.5° 209° 5.3 9.0 3.8 4.0 below. 

USS GEORGIA SSGN 729 225° 112.5° 209° 5.3 9.0 3.8 4.0 below. 

* * * * * 

Approved: May 4, 2011. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

[FR Doc. 2011–11759 Filed 5–13–11; 8:45 am] 

BILLING CODE 3810–FF–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0502; FRL–9305–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Sunland Park Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving a revision to the New 

Mexico State Implementation Plan (SIP). 

The submitted revision consists of a 

maintenance plan for Sunland Park, 

New Mexico, developed to ensure 

continued attainment of the 1997 

8-Hour National Ambient Air Quality 

Standard (NAAQS or standard) through 

the year 2014. The Maintenance Plan 

meets the requirements of Section 

110(a)(1) of the Federal Clean Air Act 

(CAA or Act), EPA’s rules, and is 

consistent with EPA’s guidance. EPA is 

approving the revision pursuant to 

section 110 of the CAA. 

DATES: This rule is effective on July 15, 

2011 without further notice, unless EPA 

receives relevant adverse comment by 

June 15, 2011. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2007–0502, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 Contact Us Web site: 

http://epa.gov/region6/r6coment.htm. 

Please click on ‘‘6PD’’ (Multimedia) and 

select ‘‘Air’’ before submitting 

comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays 

except for legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2007– 

0502. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 


erowe on DSK5CLS3C1PROD with RULES
28182 Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 

1Monitors in Sunland Park continue to reflect 

attainment of the 1-hour ozone NAAQS. The State, 

however, did not submit a request for redesignation 

of the area to attainment for the 1-hour ozone 

standard and a section 175A maintenance plan. 

Because the area was never redesignated to 

attainment, the area must continue to meet the 1- 

hour ozone marginal area applicable requirements 

(see 40 CFR 51.905(a)(3)). 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

New Mexico Environment 

Department, 1190 St. Francis Dr., Suite 

N4050, Santa Fe, NM 87505. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth W. Boyce, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7259; fax number 

214–665–7263; e-mail address 

boyce.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean the 

EPA. 

Outline 

I. Background 

II. Analysis of the State’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Under the 1990 CAA Amendments, 

the Sunland Park area was designated 

nonattainment for the 1-hour ozone 

standard on June 12, 1995 and classified 

as ‘‘marginal.’’ The Sunland Park area is 

a portion of Dona Ana County, New 

Mexico, is approximately 42 square 

miles (sq. mi.) in area, and includes the 

communities of Sunland Park, Santa 

Teresa, and La Union. Sunland Park, La 

Union, and Santa Teresa are located 

along the border region of New Mexico 

and are adjacent to El Paso, Texas, and 

Ciudad Juarez, Mexico, or what is 

commonly referred to as the Paso del 

Norte Airshed. New Mexico submitted 

all the requirements for a 1-hour ozone 

nonattainment area classified as 

marginal, and EPA approved them into 

the New Mexico SIP on February 8, 

2002. See 67 FR 6152. There are no 

outstanding obligations under the 1- 

hour ozone NAAQS. 

The Sunland Park area has unique 

considerations for ozone planning due 

to airshed contributions from Mexico 

and Texas. Air quality within the Paso 

del Norte Airshed has improved over 

the last 10 years due to cooperative 

efforts between the State of Texas, the 

State of New Mexico, and Mexico 

through organizations such as the Paso 

Del Norte Joint Advisory Committee 

(JAC). Although the area has continued 

to monitor attainment of the 1-hour 

ozone standard the State chose not to 

submit a request for redesignation 

before EPA revoked the 1-hour ozone 

NAAQS.1

In 1997, EPA revised the ozone 

standard from a 1 hour form to one 

based on an 8 hour average. On April 

30, 2004, EPA designated and classified 

areas for the 1997 8-hour ozone NAAQS 

(69 FR 23858) and published the final 

Phase 1 rule for implementation of the 

1997 ozone NAAQS (69 FR 23951). The 

Sunland Park area was designated as 

attainment/unclassifiable for the 1997 8- 

hour ozone standard on June 15, 2004 

(see 69 FR 23858. The Phase I rule listed 

requirements for areas that were 

nonattainment for the 1 hour standard 

and attaining the 1997 8 hour standard 

under 51.905(a)(3). New Mexico was 

required to provide a 10 year 

maintenance plan for this 1997 8-hour 

ozone attainment area under section 

110(a)(1) of the Act and the Phase 1 

rule. (40 CFR 51.905(a)(3)(iii)). 

On May 20, 2005, EPA issued 

guidance regarding how a state might 

fulfill the obligation established by the 

Act and the Phase 1 rule. (Memorandum 

from Lydia N. Wegman to Air Division 

Directors, Maintenance Plan Guidance 

Document for Certain 8 hour Ozone 

Areas Under Section 110(a)(1) of Clean 

Air Act, May 20, 2005. 

On May 7, 2007, New Mexico adopted 

and submitted to EPA a 1997 8-hour 

ozone standard maintenance plan for 

the Sunland Park area. This SIP revision 

satisfies the section 110(a)(1) CAA 

requirements for a plan that provides for 

implementation, maintenance, and 

enforcement of the 1997 8-hour ozone 

NAAQS in the Sunland Park 

unclassifiable/attainment area. 

II. Analysis of the State’s Submittal 

In this action, EPA is approving the 

State’s maintenance plan for the 1997 

ozone NAAQS for the area of Sunland 

Park because EPA finds that the New 

Mexico submittal meets the 

requirements of section 110(a)(1) of the 

CAA, EPA’s rule, and is consistent with 

EPA’s guidance. As required, the plan 

provides for continued attainment and 

maintenance of the 1997 ozone NAAQS 

in the area for 10 years from the 

effective date of the area’s designation 

as unclassifiable/attainment for the 1997 

ozone NAAQS, and includes 

components illustrating how the area 

will continue in attainment of the 1997 

ozone NAAQS and contingency 

measures. Our analysis of the State’s 

submission is discussed below. 

Section 110(a)(1) of the CAA does not 

explicitly state what is required for a 

maintenance plan, so the guidance 

suggested using CAA section 175A, 

which states the requirements for a 

maintenance plan, as a guide for states 

to use in developing their maintenance 

plans. The required components of a 

Maintenance Plan under CAA Section 

175A include: 

1. Attainment Inventory; 

2. Maintenance Demonstration; 

3. Monitoring Network; 

4. Verification of Continued 

Attainment; and 

5. Contingency Plan 

1. Attainment Inventory 

The New Mexico Environmental 

Department (NMED) developed 

comprehensive inventories of VOC, CO, 

and NOX emissions from area, 

stationary, and mobile sources using a 

base year of 2002 to demonstrate 

maintenance of the 1997 8-hour ozone 

standard for Sunland Park. The year 

2002 is an appropriate year for the 

NMED to base attainment level 

emissions because States may select any 

one of the three years on which the 8- 

hour attainment designation for the 

1997 ozone NAAQS was based (2001, 

2002, and 2003). The State’s submittal 

contains the detailed inventory data and 

summaries by source category. Using 

the 2002 inventory as a base year 

reflects one of the years used for 

calculating the air quality design values 

on which the 8-hour ozone designation 

decisions were based. It also is one of 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 28183 

2Carbon Monoxide has low reactivity and leads 

to little ozone formation so it is generally not 

tracked in determining whether maintenance is 

expected. New Mexico has provided estimates of 

Continued 

the years in the 2002–2004 time period 

used to establish the baseline visibility 

levels for the regional haze program. 

A practical reason for selecting 2002 

as the base year emission inventory is 

that Section 110(a)(2)(B) of the CAA and 

the Consolidated Emissions Reporting 

Rule (67 FR 39602, June 10, 2002) 

require States to submit emissions 

inventories for all criteria pollutants and 

their precursors every three years, on a 

schedule that includes the emissions 

year 2002. 

For stationary point sources in 

Sunland Park, the NMED provided 

estimates for each commercial or 

industrial operation that emits 100 ton/ 

year or greater of NOX and VOC. These 

data are quality assured by the State 

before submission to national emission 

inventory. There are only two major 

point sources: El Paso Electric and 

Foamex. For area sources (sources too 

numerous to inventory individually) 

NMED used EPA emissions factors to 

estimate emissions based on surrogates 

such as population. For non-road and 

on-road mobile sources, the State 

obtained the data through EPA’s 2002 

NEI. Mobile sources emissions were 

estimated using the data in EPA’s 2002 

NEI using EPA’s MOBILE6 motor 

vehicle emissions factor computer 

model. This information was provided 

down to the county level in each state. 

Using population projections for the 

Sunland Park area and Dona Ana 

County, the State estimated the on-road 

and non-road mobile emissions for 

Sunland Park for the projection year 

2014. 

Table 1 below lists emissions data 

(area, point, mobile, and biogenic) for 

the base year of 2002 for the ozone 

precursors NOX, CO, and VOC. Please 

see the Technical Support Document 

(TSD) for additional emission inventory 

data. 

TABLE 1—SUMMARY OF ALL SOURCE CATEGORIES FOR SUNLAND PARK, BASELINE 2002 

[TPY = tons per year, TPD = ton per day] 

Source category 

NOX CO VOC 

TPY TPD TPY TPD TPY TPD 

Area .......................................................... 30 .40 0 .0896 157 .94 0 .586 193 .73 0 .553 

Point ......................................................... 1,085 .7 3 .044 192 .38 0 .552 94 .19 0 .331 

Mobile ....................................................... 829 .63 2 .27 6,040 .64 16 .55 530 .14 1 .45 

Biogenic ................................................... 5 .74 0 .015 n/a n/a 528 .08 1 .44 

Total Emissions ................................ 1,951 .47 5 .41 6,390 .96 17 .68 1,342 .04 3 .74 

The procedures used by the NMED for 

development of the emissions inventory 

are described in the NMED’s submitted 

8-Hour Ozone Maintenance Plan for the 

Sunland Park area, pages 8–49. The 

emissions inventory process includes 

quality assurance procedures to verify 

that data have been reviewed and 

examined for their source or origin, 

methods of compilation, accuracy, 

occurrence of errors, and clarity. This is 

to assure a good product and that such 

procedures can easily be applied to 

future inventories. EPA’s Emission 

Inventory Improvement Program was 

used as a guide in developing the 2002 

emission inventory for the Sunland Park 

Nonattainment area. 

EPA has reviewed the State’s 

methodologies, modeling data, and 

performance, etc. in developing the 

2002 base year emissions and finds that 

New Mexico has developed the 2002 

emissions inventory appropriately to 

identify the level of ozone-forming 

emissions in Sunland Park that was 

consistent with attainment of the 

NAAQS in 2002. 

Projections for 2014 were developed 

by NMED using a University of New 

Mexico, Bureau of Business and 

Economic Research study which 

projected a population growth of 3.2%/ 

year. Based on this study, the State 

projected all of the emission categories 

would grow at 3.2%/year. Table 2 

shows the projected VOC, NOX, and CO 

emissions inventory data for the 

Sunland Park area for the year 2014. 

TABLE 2—SUMMARY OF ALL SOURCE CATEGORIES FOR SUNLAND PARK, PROJECTED FOR 2014 

[TPY = tons per year, TPD = tons per day] 

Source category 

NOX CO VOC 

TPY TPD TPY TPD TPY TPD 

Area .......................................................... 42 .07 0 .115 218 .59 0 .598 262 .44 0 .719 

Point ......................................................... 1,502 .6 4 .12 266 .25 0 .729 130 .36 0 .357 

Mobile ....................................................... 1,147 .96 3 .14 8,360 .24 22 .90 733 .71 2 .010 

Biogenic ................................................... 7 .94 0 .015 n/a n/a 730 .86 2 .002 

Total Emissions ................................ 2,700 .57 7 .39 8,445 .08 24 .27 1,857 .37 5 .088 

2. Maintenance Demonstration 

The primary purpose of a 

maintenance plan is to demonstrate how 

an area will continue to remain in 

compliance with the 1997 ozone 

standard for the 10 year period 

following the effective date of 

designation as unclassifiable/ 

attainment. The end projection year is 

10 years from the effective date of the 

attainment designation for the 1997 

ozone NAAQS, which for Sunland Park 

was June 15, 2004. Therefore, the plan 

must demonstrate attainment through 

2014. As discussed in section (1) 

Attainment Inventory above, New 

Mexico has identified the level of 

ozone-forming emissions in Sunland 

Park that was consistent with 

attainment of the NAAQS for ozone in 

2002. New Mexico has projected VOC, 

NOX, and CO 2 emissions for the year 


erowe on DSK5CLS3C1PROD with RULES
28184 Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 

CO emission growth, which are included here, but CO estimates will not be included in the remainder 

of the discussion. 

2014 in Sunland Park, and also 

discusses emissions projections for the 

Paso del Norte airshed. 

Generally, maintenance is 

demonstrated when emissions in the 

projection year remain less than or 

equal to the emissions during the 

attainment period. The projections 

provided by New Mexico, however, 

actually show an increase in emissions. 

For 2014, the VOC and NOX emissions 

are projected to increase by 1.35 tons 

per day and 1.98 tons per day, 

respectively. EPA has reviewed these 

growth estimates and New Mexico only 

used one methodology to calculate the 

growth for all the source categories. The 

use of this particular methodology has 

resulted in extremely conservative 

emissions growth calculations. We 

believe this methodology significantly 

overstates the growth in emissions and 

if it had been properly calculated, there 

would be no projected growth in 

emissions in Sunland Park. 

In projecting future emissions, New 

Mexico’s use of projected population as 

a surrogate for estimating the rate of 

emissions growth results in a significant 

overestimate of emissions growth. Using 

population as a surrogate does not take 

into account the significant reductions 

that will occur due to fleet turnover in 

both on-road and off-road categories. 

The best way to calculate these 

emissions would be to use EPA’s mobile 

emission factor model and the non-road 

emissions model along with projections 

of vehicle miles traveled. We examined 

the base and projected El Paso 

emissions contained in the Texas 

maintenance plan for the El Paso area, 

which EPA approved on January 15, 

2009, at 74 FR 2387. To make a more 

reasonable estimation of emissions 

growth for the mobile source category, 

we looked at the emissions projections 

for El Paso performed using the MOBILE 

model for on-road emissions and 

NonRoad model for off-road emissions. 

In El Paso, mobile NOX emissions were 

projected to decrease by 54% percent 

and mobile VOC emissions are projected 

to decrease by 47%. We applied these 

figures proportionally to the Sunland 

Park area. In addition, it is not clear 

why NMED projected growth in 

biogenic VOC emissions. These are 

generally held constant in projections; 

there is no scientific basis for projecting 

an increase. As shown in Tables 3 and 

4, if these more reasonable assumptions 

about NOX and VOC emissions growth 

for the mobile source category and the 

biogenic emissions are made for 

Sunland Park then the emissions 

actually would be expected to decline 

slightly. Further, emissions growth is 

more closely correlated to economic 

growth in particular industrial sectors 

(the area source category) than 

population growth. We did not apply 

the El Paso economic growth factors to 

the Sunland Park area and calculate a 

revised emissions growth for this area 

source category. 

TABLE 3—SUMMARY OF PROJECTED NOX EMISSIONS FOR SUNLAND PARK, ADJUSTED

Source category 2002 TPD 2014 2014 

(adjusted) 

Area ............................................................................................................................................. 0 .0896 0 .115 .115 

Point ............................................................................................................................................. 3 .044 4 .12 4 .12 

Mobile .......................................................................................................................................... 2 .27 3 .14 1 .04 

Biogenic ....................................................................................................................................... 0 .015 0 .015 .015 

Total Emissions .................................................................................................................... 5 .41 7 .39 5 .29 

TABLE 4—VOC PROJECTIONS FOR SUNLAND PARK, ADJUSTED

Source category 2002 TPD 2014 TPD 2014 

(adjusted) 

Area ............................................................................................................................................. 0 .553 0 .719 0 .719 

Point ............................................................................................................................................. 0 .331 0 .357 0 .357 

Mobile .......................................................................................................................................... 1 .45 2 .010 0 .77 

Biogenic ....................................................................................................................................... 1 .44 2 .002 1 .44 

Total Emissions .................................................................................................................... 3 .74 5 .088 3 .59 

EPA recognizes that the estimates in 

Tables 4 and 5 are rough 

approximations, analogized from the 

information specific for the El Paso area, 

and we would not normally rely on 

these methods for emission projections. 

In this case, however, because of the 

overestimate of the projected growth in 

emissions in the Sunland Park area for 

the year of 2014, we believe that the use 

of these El Paso analogy methods by 

EPA serves the purpose to illustrate the 

Sunland Park area will continue in 

attainment through 2014. 

We also believe that these El Paso 

analogy methods are adequate in this 

instance because emissions in Sunland 

Park represent only a small percentage 

of the emissions in the Paso Del Norte 

airshed. As demonstrated in Table 5 

below, sources in the Sunland Park area 

were contributing a small percentage 

(approximately 1.6%) of the CO, NOX, 

and VOC emissions in the airshed for 

the base year of 2002. An over 

whelming majority of the emissions 

contributing to ground level ozone in 

the airshed are from the City of El Paso 

and Ciudad Juarez. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 28185 

TABLE 5—EMISSIONS IN PASO DEL NORTE AIRSHED

[TPY = tons per year] 

Source 

Ciudad Juarez TPY El Paso County TPY Sunland Park TPY 

VOC NOX CO VOC NOX CO VOC NOX CO 

Mobile ...................... 20,208 25,590 155,583 9,939 17,122 148,277 530 830 6,040 

Area ......................... 68,085 14,082 52,393 8,640 872 5,993 190 30 158 

Point ........................ 2,308 18,133 13,821 861 4223 1,704 94 1,086 94 

Total ................. 90,601 57,805 221,797 19,440 22,217 155,974 810 1,946 6,292 

Percentage ....... 81 .7 70 .5 57 .7 17 .5 27 .1 40 .6 .73 2 .4 1 .6 

* The emissions data for Ciudad Juarez comes from, The 1999 Mexico NEI: Six Border States and are based on the inventory data for the State of Chihuahua. This 

is the only complete emission inventory data currently available for this area. 

** The emissions data for El Paso comes from the, El Paso County 8–Hour Ozone Maintenance Plan and the El Paso Redesignation to Attainment for Carbon Monoxide and Maintenance Plan, both submitted to EPA by the Texas Commission on Environmental Quality in January of 2006. 

Since such a small percentage of 

emissions to the airshed are contributed 

by Sunland Park, we feel it is reasonable 

to rely upon the El Paso analogy 

methods to demonstrate that the 

attainment level emissions in Sunland 

Park will be maintained. 

As discussed previously, we 

examined the base and projected El Paso 

emissions contained in the Texas 

maintenance plan for the El Paso area, 

which EPA approved on January 15, 

2009, at 74 FR 2387. Table 6 below, 

shows emissions data for the base year 

of 2002 for the ozone precursors NOX, 

and VOC for both Sunland Park and the 

El Paso areas. Table 7 shows the 

projected emissions data for the year of 

2014 for both areas (Sunland Park table 

is not adjusted). Table 8 shows the 

change between 2002 and 2014 in 

emissions data for both areas (Sunland 

Park table is not adjusted). Please see 

the Technical Support Document (TSD) 

for additional emission inventory data. 

TABLE 6—SUNLAND PARK AND EL PASO (U.S. PORTION OF THE PASO DEL NORTE AIRSHED) VOC, AND NOX BASELINE

EMISSIONS INVENTORY, 2002 

Emissions source 

2002 Sunland 

Park tons per 

day 

2002 El Paso 

tons per day 

2002 Total 

tons per day 

Total VOC .................................................................................................................................... 3.74 52.44 56.18 

Total NOX .................................................................................................................................... 5.41 60.87 66.28 

TABLE 7—SUNLAND PARK AND EL PASO (U.S. PORTION OF THE PASO DEL NORTE AIRSHED) VOC, AND NOX

PROJECTED EMISSIONS, 2014 

Emissions source 

2014 Sunland 

Park tons per 

day 

2014 El Paso 

tons per day 

2014 

Total 

tons per day 

Total VOC .................................................................................................................................... 5.09 44.61 49.70 

Total NOX .................................................................................................................................... 7.39 36.89 44.28 

TABLE 8—SUNLAND PARK AND EL PASO (U.S. PORTION OF THE PASO DEL NORTE AIRSHED) VOC, AND NOX EMISSIONS

INVENTORY BASELINE (2002) AND PROJECTIONS (2014) 

Emissions source 

2002 Sunland 

Park and El Paso 

tons per day 

2014 Sunland 

Park and El Paso 

tons per day 

Change tons per 

day (percentage) 

Total VOC .................................................................................................................. 56.18 49.61 ¥7.02 (¥12.5%) 

Total NOX .................................................................................................................. 66.28 44.28 ¥22.00 (¥33.2%) 

Table 8 shows that overall emissions 

of VOC and NOX on the U.S. portion of 

the air basin are declining substantially 

for the 10-year period despite the fact 

those emissions are projected by New 

Mexico to grow slightly in the Sunland 

Park area. As discussed previously, EPA 

believes New Mexico’s estimates for 

growth for all the source categories but 

point sources were over estimated and 

this over estimation leads to a 

conclusion that the emissions in 

Sunland Park are expected to increase. 

On the other hand, we believe emissions 

in Sunland Park would be expected to 

decrease, if assumptions that are more 

reasonable were made. The fact that the 

combined emissions in El Paso and 

Sunland Park are projected to decline 

adds further support that the area will 

continue to maintain the standard. 

Therefore, we believe Sunland Park is 

expected to maintain attainment of the 

1997 8-hour ozone standard during the 

period of the maintenance plan. Please 

see the Technical Support Document 

(TSD) for more information on EPA’s 

review and evaluation of the States 2014 

projected emissions inventories. 

3. Monitoring Network 

The State of New Mexico has 

committed in its maintenance plan to 

continue operation of an appropriate 


erowe on DSK5CLS3C1PROD with RULES
28186 Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 

ozone monitoring network and to work 

with EPA in compliance with 40 CFR 

part 58 with regard to the continued 

adequacy of such a network, if 

additional monitoring is needed, and 

when monitoring can be discontinued. 

Table 9 below, contains information on 

the current ozone monitoring network 

in the Sunland Park nonattainment area. 

TABLE 9—MONITORING STATIONS IN THE SUNLAND PARK NONATTAINMENT AREA

Name AIRS monitor ID County site ID Monitoring 

period 

Sunland Park, NM ...................................................................................................... 35–013–0017 0071 1989–Present. 

Desert View, NM ........................................................................................................ 35–013–0021 0021 1996–Present. 

Santa Teresa, NM ...................................................................................................... 35–013–0022 0022 1996–Present. 

La Union, NM ............................................................................................................. 35–013–0008 0008 1974–Present. 

The Area was meeting the 1997 8- 

hour Standard during the 2002–2004 

time period when we did designations 

with a design value of 77 ppb. The area 

continues to meet the 1997 8-hour 

standard with the most recent design 

value for 2008–2010 being 70 ppb. The 

area also has met the revoked 1-hour 

standard since 1998 with the most 

recent 1-hour design value of being 97 

ppb. 

4. Verification of Continued Attainment 

To guarantee that attainment will be 

continued in the future, the State 

commits in the maintenance plan to 

track the progress of the maintenance 

plan by providing the EPA with an 

interim emissions inventory report for 

point, area, mobile and biogenic 

emissions of VOCs and CO in the 

Sunland Park area. In addition, New 

Mexico commits to verify the 8-hour 

ozone status through appropriate 

ambient air quality monitoring, and to 

quality assure air quality monitoring 

data according to federal requirements. 

New Mexico further demonstrates that it 

has the legal authority to implement and 

enforce all air quality measures needed 

to attain and maintain the 8-hour ozone 

NAAQS. 

5. Contingency Plan 

The section 110(a)(1) maintenance 

plan includes contingency provisions to 

correct promptly any violation of the 

1997 ozone NAAQS that occurs in the 

Sunland Park area. The contingency 

indicator is based upon monitoring data. 

The triggering mechanism for activation 

of contingency measures is a monitoring 

violation of the 1997 8-hour ozone 

NAAQS. In the maintenance plan, if 

contingency measures are triggered, 

New Mexico is committing to 

implement the measures as 

expeditiously as practicable but no 

longer than 24 months following the 

trigger. 

The following contingency measures 

are identified for implementation: The 

use of public outreach materials, e.g., 

public service announcements, press 

releases, and informational pamphlets; 

the holding of an open house at the 

beginning of the ozone season and midway through; and Ozone Action Days, 

e.g., announcements during weather 

forecasts on the radio and television, 

advisories on the NMED web site. Real 

time monitoring data is also available on 

the NMED web site. Information on 

Ozone Action Days will be included in 

the outreach material for the 

Maintenance area. 

These contingency measures and 

schedules for implementation satisfy 

EPA’s long-standing guidance on the 

requirements of section 110(a)(1) of 

Continued Attainment. Based on the 

above, we find that the contingency 

measures provided in the State’s 

Sunland Park 8-hour Ozone 

maintenance plan are sufficient and 

meet the requirements of section 

110(a)(1) of the CAA. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: Attainment 

inventory, maintenance demonstration, 

monitoring network, contingency plan, 

and verification of continued 

attainment. The maintenance plan SIP 

revision submitted by the State of New 

Mexico for the Sunland Park area meets 

the requirements of Section 110(a)(1) of 

the CAA. 

III. Final Action 

EPA is approving a revision to the 

New Mexico SIP. The revision is a 1997 

8-hour ozone NAAQS maintenance plan 

for Sunland Park. Sunland Park remains 

in attainment of the eight-hour ozone 

standard. The State of New Mexico 

submitted the 1997 8-hour ozone 

NAAQS maintenance plan on behalf of 

the NMED for Sunland Park to EPA on 

May 2, 2007. EPA is approving the 

maintenance plan SIP revision for 

Sunland Park as meeting the 

requirements of CAA Section 110(a)(1) 

and EPA’s regulations under 40 CFR 

51.905(a)(3) and (4) and being consistent 

with EPA guidance. We have evaluated 

the State’s submittal and have 

determined that it meets the applicable 

requirements of the Clean Air Act and 

EPA regulations, and is consistent with 

EPA policy. Therefore, we are approving 

the request of NMED to revise the SIP 

for the Sunland Park ozone area. 

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 July 15, 2011 without 

further notice unless we receive adverse 

comment by June 15, 2011. If we receive 

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 

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 Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason and because this action will 

not have a significant, adverse effect on 

the supply, distribution, or use of 

energy, this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 28187 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. Executive 

Order 12898 (59 FR 7629, February 16, 

1994) establishes federal executive 

policy on environmental justice. 

Because this rule merely approves a 

state rule implementing a Federal 

standard, EPA lacks the discretionary 

authority to modify today’s regulatory 

decision on the basis of environmental 

justice considerations. 

In reviewing SIP submissions under 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note), EPA’s role is to approve state 

choices, provided that they meet the 

criteria of the CAA. In this context, in 

the absence of a prior existing 

requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

SIP submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a SIP submission, to use VCS in place 

of a SIP submission that otherwise 

satisfies the provisions of the CAA. 

Thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 do not apply. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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 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. section 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 July 15, 2011. 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, Intergovernmental relations, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: May 6, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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, the second table in 

paragraph (e) entitled ‘‘EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico 

SIP,’’ is amended by adding an entry at 

the end of the table to read as follows: 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal/ 

effective date EPA approval date Comments 

*******

Sunland Park 1997 8-Hour Ozone Maintenance 

Plan.

Sunland Park, NM .......... 5/7/2007 5/16/2011 [Insert FR 

page number where 

document begins].

[FR Doc. 2011–11813 Filed 5–13–11; 8:45 am] 

BILLING CODE 6560–50–P 


erowe on DSK5CLS3C1PROD with RULES