Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7341 

the submission itself. EPA does not place 

such material in any paper or web-based 

docket. However, where any such material is 

considered emissions data within the 

meaning of Section 114 of the CAA, it cannot 

be withheld as CBI and must be made 

publicly available. 

3.2 Paper Plan Submissions 

(a) The EPA requires that the submission 

option of submitting one paper plan must be 

accompanied by an electronic duplicate of 

the entire paper submission, preferably as a 

word searchable portable document format 

(PDF), at the same time the paper copy is 

submitted. The electronic duplicate should 

be made available through email, from a File 

Transfer Protocol (FTP) site, from the State 

Web site, on a Universal Serial Bus (USB) 

flash drive, on a compact disk, or using 

another format agreed upon by the State and 

Regional Office. 

(b) If a state prefers the submission option 

of submitting three paper copies and has no 

means of making an electronic copy available 

to EPA, EPA requests that the state confer 

with its EPA Regional Office regarding 

additional guidelines for submitting the plan 

to EPA. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 4. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart A—General Provisions 

■ 5. Section 52.16 is amended by 

revising paragraph (a) to read as follows: 

§ 52.16 Submission to Administrator. 

(a) All requests, reports, applications, 

submissions, and other communications 

to the Administrator pursuant to this 

part shall be submitted in duplicate and 

addressed to the appropriate Regional 

Office of the Environmental Protection 

Agency. For any submission pursuant to 

this part that is also a submission of a 

plan or plan revision pursuant to 40 

CFR part 51, the submission shall 

conform to the requirements of 

appendix V to 40 CFR part 51, rather 

than the requirements of this paragraph. 

* * * * * 

[FR Doc. 2015–02602 Filed 2–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0938; FRL–9922–73– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Transportation Conformity and 

Conformity of General Federal Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action approving State Implementation 

Plan (SIP) revisions submitted by the 

State of New Mexico on October 28, 

2011, November 1, 2013, and August 8, 

2014. These revisions amend the State 

transportation conformity provisions 

and remove the State general conformity 

provisions from the SIP, as allowed by 

the 2005 amendments to the Clean Air 

Act (Act or CAA). These revisions also 

establish transportation conformity 

criteria and procedures related to 

interagency consultation and 

enforceability of certain transportationrelated control measures and mitigation 

measures. Upon the effective date of this 

final action, the EPA federal rules will 

govern conformity of transportation 

Federal actions and general Federal 

actions within the State of New Mexico. 

This action is being taken in accordance 

with sections 110 and 176 of the Act. 

DATES: This rule is effective on April 13, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

March 12, 2015. 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–2011–0938, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions. 

• Email: Jeffrey Riley at riley.jeffrey@

epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0938. 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 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email 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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, (214) 665–8542, 

riley.jeffrey@epa.gov. To inspect the 

hard copy materials, please contact Mr. 

Riley or Mr. Bill Deese at (214) 665– 

7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background and Purpose 

II. EPA’s Evaluation 

III. Final Action 

IV. Statutory and Executive Order Reviews 


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7342 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

I. Background and Purpose 

A. Call to States for Conformity SIP 

Revisions 

In the CAA, Congress recognized that 

actions taken by Federal agencies could 

affect a State, Tribal, or local agency’s 

ability to attain and maintain the 

NAAQS. Congress added section 176(c) 

(42 U.S.C. 7506) to the CAA to ensure 

Federal agencies’ proposed actions 

conform to the applicable State 

Implementation Plan (SIP), Tribal 

Implementation Plan (TIP) or Federal 

Implementation Plan (FIP) for attaining 

and maintaining the NAAQS. That 

section requires Federal entities to find 

that the emissions from the Federal 

action will conform with the purposes 

of the SIP, TIP or FIP or not otherwise 

interfere with the State’s or Tribe’s 

ability to attain and maintain the 

NAAQS. 

The CAA Amendments of 1990 

clarified and strengthened the 

provisions in section 176(c). Because 

certain provisions of section 176(c) 

apply only to highway and mass transit 

funding and approvals actions, EPA 

published two sets of regulations to 

implement section 176(c). The 

Transportation Conformity Regulations, 

(40 CFR part 51, subpart T, and 40 CFR 

part 93, subpart A) first published on 

November 24, 1993 (58 FR 62188), 

address Federal actions related to 

highway and mass transit funding and 

approval actions. The General 

Conformity Regulations, (40 CFR part 

51, subpart W, and 40 CFR part 93, 

subpart B) published on November 30, 

1993 (58 FR 63214), cover all other 

Federal actions. These two conformity 

regulations have been revised numerous 

times. 

When promulgated in 1993, the 

Federal transportation conformity rule 

at 40 CFR 51.395 mandated that the 

transportation conformity SIP revision 

incorporate several provisions of the 

rule in verbatim form, except in so far 

as needed to give effect to a stated intent 

in the revision to establish criteria and 

procedures more stringent than the 

requirements stated in these sections. 

Similarly, 40 CFR 51.851 required the 

State’s general conformity provisions 

must contain criteria and procedures 

that are no less stringent than the 

Federal general conformity regulation; 

however, the State could establish more 

stringent general conformity criteria and 

procedures if they apply equally to nonFederal, as well as Federal, entities. 

B. What is transportation conformity? 

Transportation conformity is required 

under Section 176(c) of the Clean Air 

Act to ensure that Federally supported 

highway projects, transit projects, and 

other activities are consistent with 

(‘‘conform to’’) the purpose of the SIP. 

Transportation conformity currently 

applies to areas that are designated 

nonattainment, as well as those areas 

redesignated to attainment after 1990 

(maintenance areas), with plans 

developed under section 175A of the 

Act for the following transportation 

related pollutants: Ozone, particulate 

matter (PM2.5 and PM10), carbon 

monoxide (CO), and nitrogen dioxide 

(NO2). Conformity to the purpose of the 

SIP means that transportation activities 

will not cause new air quality 

violations, worsen existing violations, or 

delay timely attainment of the relevant 

national ambient air quality standards 

(NAAQS). The transportation 

conformity regulation is found in 40 

CFR part 93, subpart A and provisions 

related to conformity SIPs are found in 

40 CFR 51.390. 

C. What is general conformity? 

General Conformity is also a 

requirement of section 176(c) of the 

CAA to ensure that no Federally 

supported actions outside of highway 

and transit projects interfere with the 

purpose of the approved SIP, i.e. the 

SIP’s protection of the NAAQS. General 

conformity requirements currently 

apply to the following criteria 

pollutants: Ozone, particulate matter 

(PM2.5 and PM10), carbon monoxide 

(CO), and nitrogen dioxide (NO2), sulfur 

dioxide (SO2) and lead. The general 

conformity regulation is found in 40 

CFR part 93, subpart B and provisions 

related to conformity SIPs are found in 

40 CFR 51.851. 

D. Transportation Conformity 

Provisions Affected by the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) 

On August 10, 2005, the SAFETEA– 

LU was signed into law streamlining the 

requirements for conformity SIPs at 

section 176(c) of the CAA. Prior to 

SAFETEA–LU, states were required to 

address all of the Federal conformity 

rule’s provisions in their conformity 

SIPs. After SAFETEA–LU amended 

CAA section 176(c)(4)(E) and EPA 

revised 40 CFR 51.390 to be consistent 

with those amendments, states are 

required to address and tailor only three 

sections of the conformity rule in their 

transportation conformity SIPs. These 

three sections of the Federal rule which 

must meet a state’s individual 

circumstances are: 40 CFR 93.105, 

which addresses consultation 

procedures; 40 CFR 93.122(a)(4)(ii), 

which requires that written 

commitments be obtained for control 

measures that are not included in a 

Metropolitan Planning Organization’s 

(MPO’s) transportation plan and 

transportation improvement program 

prior to a conformity determination, and 

that such commitments be fulfilled; and, 

40 CFR 93.125(c) which requires that 

written commitments be obtained for 

mitigation measures prior to a project 

level conformity determination, and that 

project sponsors must comply with such 

commitments. In general, states are no 

longer required to submit conformity 

SIP revisions that address the other 

sections of the conformity rule. 

E. General Conformity Affected by the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) 

On August 10, 2005, SAFETEA–LU 

was signed into law, and among other 

things, it amended the CAA to eliminate 

the requirement for States to adopt and 

submit General Conformity SIPs. On 

April 5, 2010 (75 FR 17254), EPA 

updated the General Conformity SIP 

Regulations to, among other things, be 

consistent with SAFETEA–LU by 

eliminating the Federal regulatory 

requirement for states to adopt and 

submit general conformity SIPs, instead 

making submission of a general 

conformity SIP a state option. See 40 

CFR 51.851. 

F. Prior New Mexico Conformity SIP 

Revision Actions 

On September 9, 1998 (63 FR 48106), 

EPA approved New Mexico 

Administrative Code (NMAC) 20.2.98, 

‘‘Conformity of General Federal Actions 

to the State Implementation Plan.’’ New 

Mexico’s rule mirrored and specifically 

referenced the federal requirements in 

40 CFR part 93, subpart B and 40 CFR 

part 51, subpart W. 

On March 20, 2000 (65 FR 14873), 

EPA approved NMAC 20.2.99, 

‘‘Conformity to the State 

Implementation Plan of Transportation 

Plans, Programs and Projects.’’ New 

Mexico’s rule mirrored and specifically 

referenced the federal requirements in 

40 CFR part 93, subpart A and 40 CFR 

part 51, subpart T. On April 23, 2010 

(75 FR 21169), EPA approved revisions 

to NMAC 20.2.99 submitted by the State 

of New Mexico on November 2, 2006, 

June 27, 2007, and May 13, 2009. 

G. State Submittals 

On October 10, 2011, the State of New 

Mexico submitted a SIP revision 

consisting of amendments to NMAC 

20.2.99, Conformity of the State 

Implementation Plan of Transportation 

Plans, Programs, and Projects. The 


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revision consisted of language to reflect 

the March 24, 2010 (75 FR 14260) 

amendments to 40 CFR part 93, subpart 

A to address PM2.5 and PM10

nonattainment areas. 

On September 26, 2012 the Secretary 

of NMED submitted a letter to EPA 

requesting that EPA only consider and 

act upon three elements (40 CFR 93.105; 

93.122(a)(4)(ii); and 93.125(c)) 

contained in its October 10, 2011 

transportation conformity SIP submittal, 

pursuant to the SAFETEA–LU 

amendments to CAA section 

176(c)(4)(E). The October 10, 2011 SIP 

submittal did not contain any revisions 

to the EPA-approved transportation 

conformity SIP to remove/repeal 

additional provisions beyond the three 

above-noted elements, and thus these 

additional provisions no longer required 

under SAFETEA–LU remained in the 

SIP. The September 26, 2012 letter was 

intended to streamline the New Mexico 

transportation conformity SIP, pursuant 

to SAFETEA–LU amendments the CAA. 

Together the October 10, 2011 SIP 

revision and the September 26, 2012 

letter were insufficient to achieve the 

intended streamlining. 

On August 8, 2014, the State of New 

Mexico submitted an additional SIP 

revision consisting of the SAFETEA–LU 

required SIP elements and a repeal of 

the remainder of NMAC 20.2.99, which 

contained state requirements that were 

beyond what is required by SAFETEA– 

LU. The repeal of NMAC 20.2.99 

eliminates the need for the state to 

undertake additional rulemaking to 

revise their state rules by incorporating 

by reference the federal rules on 

Transportation Conformity. 

On November 1, 2013, the State of 

New Mexico submitted SIP revisions 

consisting of a repeal of NMAC 20.2.98, 

Conformity of General Federal Actions 

to the State Implementation Plan. The 

repeal of the state rule is intended to 

eliminate the need for future state rule 

revisions as a result of amendments to 

federal regulations. Section 6011(f) of 

SAFETEA–LU revised section 

176(c)(4)(A) of the CAA by deleting the 

requirement for the states to adopt and 

submit a General Conformity SIP. 

II. EPA’s Evaluation 

We have reviewed New Mexico’s 

submittals to ensure consistency with 

the current Clean Air Act, as amended 

by SAFETEA–LU, and EPA regulations 

governing state procedures for 

transportation and general conformity 

(40 CFR part 93, subparts A and B, 40 

CFR 51.390, and 40 CFR 51.851). 

The November 1, 2013 revision, upon 

final approval by EPA, removes 20.2.98 

NMAC, ‘‘Conformity of General Federal 

Actions to the State Implementation 

Plan,’’ from the SIP. With the removal 

of 20.2.98 NMAC from the SIP, the 

federal rules in 40 CFR part 93, subpart 

B will directly govern conformity of 

general federal actions in the State of 

New Mexico. In addition, New Mexico’s 

November 1, 2013 revision meets the 

requirements set forth in section 110(l) 

of the CAA with respect to adoption and 

submission of SIP revisions. 40 CFR part 

93, subpart B continues to subject 

certain federal actions to general 

conformity requirements without the 

need for identical state rules and SIPs. 

Therefore, repealing the state rule will 

not impact continuity of the general 

conformity program in New Mexico, 

and consequently meets the 

requirements of section 110(l). 

Together, the October 10, 2011 and 

August 8, 2014 revisions, upon final 

approval by EPA, remove specific 

provisions of 20.2.99 NMAC, 

‘‘Conformity to the State 

Implementation Plan of Transportation 

Plans, Programs, and Projects,’’ from the 

SIP that are no longer required in light 

of the SAFETEA–LU amendments. With 

the removal of these specific provisions 

of 20.2.99 NMAC from the SIP, the 

federal rules in 40 CFR part 93, subpart 

A will directly govern transportation 

conformity of federal actions in the 

State of New Mexico. This revision 

complies with the requirements of CAA 

section 176(c)(4)(e) and 40 CFR 

51.390(b). In addition, New Mexico’s 

October 10, 2011 and August 8, 2014 

SIP revisions meet the requirements set 

forth in section 110(l) of the CAA with 

respect to adoption and submission of 

SIP revisions. 40 CFR part 93, subpart 

A continues to subject certain federal 

actions to transportation conformity 

requirements without the need for 

identical state rules and SIPs. Therefore, 

repealing the state rule will not impact 

continuity of the transportation 

conformity program in New Mexico. 

In addition to provisions addressing 

the requirements at 40 CFR 93.105, 

93.122(a)(4)(ii), and 93.125(c), the 

State’s August, 2014 submittal also 

includes revisions to definitions and 

changed language to clarify the scope, 

applicability, and statutory authority of 

the state’s transportation conformity 

SIP. 

III. Final Action 

We are taking direct final action to 

approve revisions to the New Mexico 

SIP submitted on October 10, 2011, 

November 1, 2013, and August 8, 2014, 

that pertain to removal of NMAC 

20.2.98, ‘‘Conformity of General Federal 

Actions to the State Implementation 

Plan,’’ and specific provisions of NMAC 

20.2.99, ‘‘Conformity to the State 

Implementation Plan of Transportation 

Plans, Programs, and Projects’’ from the 

SIP. The approval of New Mexico’s 

conformity SIP revisions will align the 

New Mexico SIP with the current Clean 

Air Act conformity requirements, as 

amended by SAFETEA–LU, and the 

most recent EPA regulations governing 

state procedures for transportation and 

general conformity. 

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 April 13, 2015 without 

further notice unless we receive relevant 

adverse comment by March 12, 2015. If 

we receive relevant adverse comments, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

We will address all public comments in 

a subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive relevant adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 


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• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 13, 2015. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 28, 2015. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart GG—New Mexico 

■ 2. In § 52.1620, the first table in 

paragraph (c) entitled ‘‘EPA Approved 

New Mexico Regulations’’ is amended 

by: 

■ a. Removing the entry for ‘‘Part 98, 

General Conformity.’’ 

■ b. Revising the entries for ‘‘20.2.99.1– 

20.2.99.112.’’ 

■ c. Removing the entries for 

‘‘20.2.99.113–20.2.99.154.’’ 

The revisions read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW MEXICO REGULATIONS

State citation Title/subject 

State 

approval/ 

effective 

date 

EPA Approval date Comments 

*******

Part 99—Transportation Conformity 

20.2.99.1 ........................... Issuing Agency ........................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.2 ........................... Scope .......................................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.3 ........................... Statutory Authority ...................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.4 ........................... Duration ...................................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.5 ........................... Effective Date ............................................................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.6 ........................... Objective ..................................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.7 ........................... Definitions ................................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.8 ........................... Documents .................................................................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.9 to 20.2.99.100 ... [Reserved] .................................................................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].


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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7345 

EPA-APPROVED NEW MEXICO REGULATIONS—Continued 

State citation Title/subject 

State 

approval/ 

effective 

date 

EPA Approval date Comments 

20.2.99.101 ....................... Applicability ................................................................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.102 ....................... Consultation ................................................................ 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.103 ....................... Agency Roles in Consultation .................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.104 ....................... Agency Responsibilities in Consultation .................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.105 ....................... General Consultation Procedures .............................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.106 ....................... Consultation Procedures for Specific Major Activities 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.107 ....................... Consultation Procedures for Specific Routine Activities.7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.108 ....................... Notification Procedures for Routine Activities ............ 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.109 ....................... Conflict Resolution and Appeals to the Governor ...... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.110 ....................... Public Consultation Procedures ................................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.111 ....................... Enforceability of Design Concept and Scope and 

Project-Level Mitigation and Control Measures.

7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.112 ....................... Savings Provision ....................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

* * * * * 

[FR Doc. 2015–02585 Filed 2–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0731; FRL 9921–37– 

Region 9] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District and San 

Joaquin Valley Unified Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) and the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

gasoline transfer into stationary storage 

containers, delivery vessels and bulk 

plants, and gasoline transfer into vehicle 

fuel tanks. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on April 13, 

2015 without further notice, unless EPA 

receives adverse comments by March 

12, 2015. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA R09– 

OAR–2014–0731, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

James Shears, EPA Region IX, (213) 

244–1810, shears.james@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 


rljohnson on DSK3VPTVN1PROD with RULES