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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0710; FRL-9770-9]

Approval and Promulgation of Air

Quality Implementation Plans; New

Mexico; Infrastructure and Interstate

Transport Requirements for the 2006

PM2.5 NAAQS

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving the

submittal from the State of New Mexico

pursuant to the Clean Air Act (CAA or

Act) that addresses the infrastructure

elements specified in the CAA

necessary to implement, maintain, and

enforce the 2006 fine particulate matter

(PM2.

5) national ambient air quality

standards (NAAQS or standard). The

submittal addresses the infrastructure

elements specified in the CAA

necessary to implement, maintain and

enforce the 2006 PM2 .

5 NAAQS. We find

that the current New Mexico State

Implementation Plan (SIP) contains the

infrastructure elements for the 2006

PM2 .5 NAAQS.

DATES: This final rule is effective on

February 21, 2013.

ADDRESSES: EPA has established a

docket for this action under Docket

Identification No. EPA-R06-OAR2009-0710. 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 in

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.

FOR FURTHER INFORMATION CONTACT: Mr.

John Walser, Air Planning Section

(6PD-L), Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202-2733,

telephone 214-665-7128; fax number

214-665-6762; email address

walser.john@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us,"

and "our" means EPA.

Table of Contents

I. Background

II. Final Action

IlL Statutory and Executive Order Reviews

I. Background

The background for today's action is

discussed in detail in our October 12,

2012 proposal (77 FR 62191). In that

notice we proposed to approve the

submittal from New Mexico that

addresses the infrastructure elements

specified in the CAA section 110(a)(2),

necessary to implement, maintain, and

enforce the 2006 PM 2.

5 standards. The

submittal is dated June 12, 2009. We

proposed to find that the following

section 110(a)(2) elements are contained

in the current New Mexico SIP and

provide the infrastructure for

implementing the 2006 PM 2.5 standards:

Emission limits and other control

measures (section 110(a)(2)(A)); ambient

air quality monitoring/data system

(section 110(a)(2)(B)); the program for

enforcement of control measures

(section 110(a)(2)(C)); international and

interstate pollution abatement (section

110(a)(2)(D)(ii)); adequate resources

(section 110(a)(2)(E)); stationary source

monitoring system (section 110(a)(2)(F));

emergency power (section 110(a)(2)(G));

future SIP revisions (section

110(a)(2)(H)); consultation with

government officials (section

110(a)(2)(J)); public notification (section

110(a)(2)(J)); prevention of significant

deterioration (PSD) and visibility

protection (section 110(a)(2)(J)); air

quality modeling data (section

110(a)(2)(K)); permitting fees (section

110(a)(2)(L)); and consultation/

participation by affected local entities

(section 110(a)(2)(M)).

In addition, we proposed to find that

New Mexico has adequately addressed

one of the four required elements (or

prongs) of CAA section 110(a)(2)(D)(i),

the element which requires that the SIP

prohibit air emissions from sources

within a state from interfering with

measures required to prevent significant

deterioration of air quality in any other

state. We are determining that emissions

from sources in New Mexico (excluding

Bernalillo County and Indian country)

do not interfere with measures to

prevent significant deterioration of air

quality in any other state for the 2006

PM 2.5 NAAQS (CAA section

110(a)(2)(D)(i)(II)).

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

for this action closed on November 13,

2012, and we did not receive any

comments. In a separate concurrent

action also dated October 12, 2012, EPA

proposed approval of SIP revisions that

revised the state's PSD and

Nonattainment New Source Review

(NNSR) permitting regulations to

address the requirements necessary to

implement the 2006 PM 2.5 NAAQS (see

Docket ID EPA-R06-OAR-2011-033).

That action will be finalized on or

before this final action to allow full

approval of the CAA section 110(a)(2)(c)

infrastructure requirements.

II. Final Action

We are approving the submittal

provided by the State of New Mexico to

demonstrate that the New Mexico SIP

meets the infrastructure elements for the

2006 PM2 .

5 NAAQS listed below:

Emission limits and other control

measures (110(a)(2)(A) of the Act);

Ambient air quality monitoring/data

system (110(a)(2)(B) of the Act);

Program for enforcement of control

measures (110(a)(2)(C) of the Act);

Interstate and international transport

(110(a)(2)(D)(ii) of the Act);

Adequate resources (110(a)(2)(E) of the

Act);

Stationary source monitoring system

(110(a)(2)(F) of the Act);

Emergency power (110(a)(2)(G) of the

Act);

Future SIP revisions (110(a)(2)(H) of the

Act);

Consultation with government officials

(110(a)(2)(J) of the Act);

Public notification (110(a)(2)(J) of the

Act);

Prevention of significant deterioration

and visibility protection (110(a)(2)(J)

of the Act);

Air quality modeling data (110(a)(2)(K)

of the Act);

Permitting fees (110(a)(2)(L) of the Act);

and

Consultation/participation by affected

local entities (110(a)(2)(M) of the Act).

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

We are approving the portion of the

New Mexico submittal that addresses

the requirement of section

(110)(a)(2)(D)(i)(II) of the Act that

emissions from sources in New Mexico

do not interfere with measures required

in the SIP of any other state under part

C of the Act regarding PSD for the 2006

PM 2.5 NAAQS.

EPA is approving these revisions in

accordance with section 110 and part C

of the Act and EPA's regulations and

consistent with EPA guidance. EPA's

approval does not extend to areas

within Indian country as defined in 18

U.S.C. Section 1151. EPA, or eligible

Indian tribes, as appropriate, will retain

jurisdiction and responsibilities under

the Clean Air Act, Section 110 within

Indian country.

III. Statutory and Executive Order

Reviews

Under the Clean Air Act, 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 Clean Air Act.

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 Clean Air Act;

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 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 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 dioxides, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: January 3, 2013.

Ron Curry,

Regional Administrator, Region 6.

40 CFR part 52 is amended as follows:

PART 52-APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

m 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(e) is amended by

adding a new entry at the end of the

second table entitled "EPA Approved

Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico

SIP" to read as follows:

§ 52.1620 Identification of plan.

* * * * *

(e) * * *

4338