Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 4339 

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 Explanation 

*******

Infrastructure for 2006 PM2.5

and Interstate Transport regarding noninterference with 

other states’ programs for 

PSD for the 2006 PM2.5

NAAQS.

Statewide, except for 

Bernalillo County and Indian country.

6/12/2009 1/22/2013 [Insert FR page 

number where document 

begins].

Approval for 110(a)(2)(A), (B), 

(C), (D)(i)(II) (PSD portion), 

(D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). 

[FR Doc. 2013–00731 Filed 1–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0033; FRL–9770–8] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR) Permitting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the New Mexico SIP to update the New 

Mexico NNSR and PSD SIP permitting 

programs consistent with federal 

requirements. EPA finds that these 

revisions to the New Mexico SIP meet 

the Federal Clean Air Act (the Act or 

CAA) and EPA regulations, and are 

consistent with EPA policies. New 

Mexico submitted the PSD and NNSR 

SIP permitting revisions in two SIP 

submittals on June 11, 2009 and May 23, 

2011. EPA is finalizing this action under 

section 110 and parts C and D of the 

Act. 

DATES: This final rule will be effective 

February 21, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0033. All 

documents in the docket are listed in 

the 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 at 

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 fee of 15 cents per page 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 75202. 

The State submittal is also available 

for public inspection during official 

business hours by appointment: New 

Mexico Environment Department, Air 

Quality Bureau, 1301 Siler Road, 

Building B, Santa Fe, New Mexico 

87502. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

214–665–2115; fax number 214–665– 

6762; email address 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background for Final Action 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background for Final Action 

The background for today’s action is 

discussed in detail in our October 12, 

2012 proposal (77 FR 62200). In that 

notice we proposed to approve portions 

of two submittals from New Mexico, 

dated June 11, 2009 and May 23, 2011, 

that update the New Mexico 

Nonattainment New Source Review 

(NNSR) and Prevention of Significant 

Deterioration (PSD) permitting SIP rules 

consistent with federal requirements. 

Specifically, these SIP submittals 

address federal PSD and NNSR 

permitting requirements promulgated in 

EPA’s Phase 2 8-hour Ozone 

Implementation Rule (70 FR 71612, 

November 29, 2005), NSR PM2.5 Rule 

(73 FR 28321, May 16, 2008), PM2.5 PSD 

Increment—Significant Impact Levels 

(SILs)—Significant Monitoring 

Concentration (SMC) Rule (75 FR 64864, 

October 20, 2010) and Reasonable 

Possibility in Recordkeeping Rule (72 

FR 72607, December 21, 2007). 

Our October 12, 2012 proposal 

provides a detailed description of all 

relevant submittals and the rationale for 

EPA’s proposed actions, together with a 

discussion of the opportunity to 

comment. The public comment period 

closed for this action on November 13, 

2012; we did not receive any comments. 

II. Final Action 

EPA is approving portions of two 

revisions to the New Mexico SIP 

submitted by the Governor of New 

Mexico on June 11, 2009 and May 23, 

2011. EPA has made the determination 

that the submitted regulations are 

approvable in accordance with section 

110 and parts C and D of the Act and 

EPA’s regulations, and consistent with 

EPA guidance. EPA is approving 

revisions to Part 74 of the New Mexico 

Administrative Code (NMAC), Title 20 

(Environment Protection), Chapter 2 

(Air Quality) except for revisions to 

20.2.74.303(A) NMAC submitted on 

May 23, 2011. EPA is approving 

revisions to Part 79 NMAC, Title 20, 

Chapter 2 submitted on June 11, 2009 

and May 23, 2011. 

Specifically, EPA is approving the 

following revisions to Part 74 submitted 

on May 23, 2011. These revisions satisfy 


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4340 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 

the PM2.5 PSD requirements under 

EPA’s May 16, 2008 and October 20, 

2010 final PM2.5 PSD permitting 

implementation rules, and EPA’s 

December 21, 2007 Reasonable 

Possibility in Recordkeeping Rule. 

• 20.2.74.7 NMAC—Definitions; 

• 20.2.74.300 NMAC—Obligations of 

Owners or Operators of Sources; 

• 20.2.74.303 NMAC—Ambient 

Impact Requirements; 

• 20.2.74.306 NMAC—Monitoring 

Requirements; 

• 20.2.74.403 NMAC—Additional 

Requirements for Sources Impacting 

Class I Federal Areas; 

• 20.2.74.502 NMAC—Significant 

Emission Rates; 

• 20.2.74.503 NMAC—Significant 

Monitoring Concentrations; 

• 20.2.74.504 NMAC—Allowable 

PSD Increment; and 

• 20.2.74.505 NMAC—Maximum 

Allowable Increases for Class I Waivers. 

EPA is approving the following 

revisions to Part 79 submitted June 11, 

2009. These revisions satisfy EPA’s 

November 29, 2005 Phase 2 8-hour 

Ozone Implementation Rule for 

nonattainment areas. 

• 20.2.79.7 NMAC—Definitions; 

• 20.2.79.109 NMAC—Applicability; 

and 

• 20.2.79.115 NMAC—Emission 

Offsets. 

EPA is also approving the following 

revisions to Part 79 submitted May 23, 

2011. These revisions satisfy EPA’s 

PM2.5 NNSR requirements under EPA’s 

May 16, 2008 and October 20, 2010 final 

PM2.5 NSR permitting implementation 

rules, and the December 21, 2007 

Reasonable Possibility in Recordkeeping 

Rule. New Mexico also made some 

nonsubstantive changes in 2011 to 

20.2.79.109 NMAC as adopted and 

submitted in 2009, and we are 

approving these nonsubstantive 

changes. 

• 20.2.79.7 NMAC—Definitions; 

• 20.2.79.109 NMAC—Applicability; 

and 

• 20.2.79.119 NMAC—Tables. 

EPA explained in the proposal for this 

action that it is severing the revisions to 

20.2.74.303(A) NMAC submitted on 

May 23, 2011 relating to PM2.5

significant impact levels (SILs). These 

revisions are equivalent to the 

provisions EPA has requested the DC 

Circuit Court in pending litigation to 

remand and vacate at 40 CFR 

51.166(k)(2) that were promulgated on 

October 20, 2010, and conflict with our 

intentions for the use of SILs to 

demonstrate compliance with CAA 

section 163(a). (Sierra Club v. EPA, Case 

No 10–1413, DC Circuit). Therefore, 

20.2.74.303 NMAC as adopted by NMED 

on January 1, 2011, and SIP-approved 

by EPA on July 20, 2011, remains the 

SIP-approved section. See 76 FR 43149. 

The NMED continues to retain the 

ability to implement the PM2.5 SILs at 

20.2.79.119 NMAC consistent with 

EPA’s interpretation of CAA section 

163(a). Further, the revisions to 

20.2.74.303(A) NMAC submitted on 

May 23, 2011, will remain before EPA 

for review. EPA will revisit these 

submitted revisions after the court 

addresses EPA’s request for remand 

with vacatur or EPA initiates 

rulemaking to revise 40 CFR 

51.166(k)(2). 

III. 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not 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 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 its 

is published in the Federal Register. 

This action is not a ‘‘major rule: As 

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 25, 2013. 

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, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Dated: January 3, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 4341 

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. Section 52.1620(c) is amended by 

revising the entries for Parts 74 and 79 

under the first table titled ‘‘New Mexico 

Administrative Code (NMAC) Title 20— 

Environment Protection Chapter 2—Air 

Quality’’. 

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 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality 

*******

Part 74 .................................... Permits—Prevention of Significant Deterioration.6/3/2011 1/22/2013 [Insert FR page 

number where document 

begins].

Revisions to 20.2.74.303(A) 

NMAC submitted 5/23/ 

2011, effective 6/3/2011, 

are NOT part of SIP. 

20.2.74.303 NMAC submitted 

12/1/2010, effective 1/1/ 

2011, remains SIP approved (6/20/2011, 76 FR 

43149). 

* * * * * * * 

Part 79 .................................... Permits—Nonattainment 

Areas.

6/3/2011 1/22/2013 [Insert FR page 

number where document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–00729 Filed 1–18–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0114; FRL–9771–9] 

Approval, Disapproval and 

Promulgation of State Implementation 

Plans; State of Utah; Regional Haze 

Rule Requirements for Mandatory 

Class I Areas Under 40 CFR 51.309; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The EPA is supplementing 

the preamble to the final rule that 

appeared in the Federal Register on 

December 14, 2012. This final rule 

partially approved and partially 

disapproved a State Implementation 

Plan (SIP) revision submitted by the 

State of Utah on May 26, 2011 that 

addresses regional haze. The final rule 

preamble inadvertently did not include 

language pertaining to judicial review, 

and this document adds that language. 

DATES: Effective on January 14, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Laurel Dygowski, Air Program, 

Mailcode 8P–AR, Environmental 

Protection Agency, Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6144, 

dygowski.laurel@epa.gov. 

SUPPLEMENTARY INFORMATION: In Federal 

Register document 2012–29406 

published in the Federal Register on 

December 14, 2012 (77 FR 74355), the 

following corrections are made: 

1. On page 74372, in the first column, 

in section V. Statutory and Executive 

Order Reviews, paragraph L. is added to 

read as follows: ‘‘L. Judicial Review— 

Under section 307(b)(1) of the Clean Air 

Act, petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 25, 2013. 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 CAA 

section 307(b)(2).)’’ 

Dated: December 20, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2013–01081 Filed 1–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2011–0316; FRL–9771–1] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Alabama; Redesignation of 

the Birmingham 1997 Annual Fine 

Particulate Matter Nonattainment Area 

to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a request submitted on May 2, 

2011, from the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM), 

Air Division, to redesignate the 

Birmingham fine particulate matter 

(PM2.5) nonattainment area (hereafter 

referred to as the ‘‘Birmingham Area’’ or 


tkelley on DSK3SPTVN1PROD with