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Citation: 78 Fed. Reg. 4337 2013

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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 forthe 2006 PM2.5NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving the submittal from the State ofNew 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. 5NAAQS. We find that the current NewMexico State Implementation Plan (SIP) contains the infrastructure elements for the 2006 PM2.5NAAQS. DATES: This final rule is effective on February 21, 2013. ADDRESSES: EPA has established a docketfor 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 inthe 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.govorin hard copy at the Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file willbe made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and4:30 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. Ifpossible, please make the appointment at leasttwo working days in advance ofyour visit. There will be

a fee of 15 cents per page for making photocopies ofdocuments. On the day ofthe 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 andExecutive OrderReviews

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 NewMexico that addresses the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 2006 PM2. 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 PM2.5 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 ofcontrol 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 ofthe four required elements (or prongs) ofCAA 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 NewMexico (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 PM2.5NAAQS (CAA section 110(a)(2)(D)(i)(II)).

Our October 12, 2012 proposal provides a detailed description of all relevant submittals andthe rationale for EPA's proposed actions, together with a discussion ofthe 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 ofSIP revisions that revised the state's PSD and Nonattainment New Source Review (NNSR)permitting regulations to address the requirements necessary to implement the 2006 PM2.5NAAQS (see Docket ID EPA-R06-OAR-2011-033). That action willbe finalized on or before this final action to allow full approval ofthe CAA section 110(a)(2)(c) infrastructure requirements.

II. Final Action

We are approving the submittal provided by the State ofNew Mexico to demonstrate thatthe New Mexico SIP
meets the infrastructure elements forthe 2006 PM 2.5NAAQS 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) ofthe Act); Program for enforcement of control

measures (110(a)(2)(C) ofthe Act);
Interstate and international transport (110(a)(2)(D)(ii) ofthe Act); Adequate resources (110(a)(2)(E) ofthe

Act); Stationary source monitoring system

(110(a)(2)(F) ofthe Act); Emergency power (110(a)(2)(G) ofthe

Act);
Future SIP revisions (110(a)(2)(H) ofthe

Act); Consultation with government officials (110(a)(2)(J) ofthe Act); Public notification (110(a)(2)(J) ofthe

Act);
Prevention ofsignificant deterioration

and visibility protection (110(a)(2)(J) ofthe Act);
Air quality modeling data (110(a)(2)(K)

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

and Consultation/participation by affected

local entities (110(a)(2)(M) ofthe Act). 

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

We are approving the portion ofthe New Mexico submittal that addresses the requirement ofsection (110)(a)(2)(D)(i)(II) ofthe Act that emissions from sources in NewMexico do not interfere with measures required in the SIP of any other state underpart C ofthe Actregarding PSD for the 2006 PM2.5NAAQS.

EPA is approving these revisions in accordance with section 110 and part C ofthe 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. Statutoryand Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions ofthe 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 thatthey meet the criteria ofthe CleanAir Act. Accordingly, this action merely approves state lawas meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For thatreason, this action:

* Is not a "significant regulatory action" subject to reviewby the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* 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 etseq.);

* 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 actionbased on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

* Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001);

* Is not subject to requirements of section 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note) because application ofthose 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 nothave 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 ontribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rulemay take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the FederalRegister. 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 5U.S.C. 804(2).

Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuitby March 25, 2013. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis actionfor the purposes ofjudicial review nor does it extend the time within which apetition forjudicial review maybe filed, and shall not postpone the effectiveness of suchrule 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 CFRPart52

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,Region6.
40 CFR part 52 is amended as follows:

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

m 1. The authority citation for part52 continues to read as follows:

Authority:42 U.S.C. 7401 et seq. Subpart GG-New Mexico

* 2.Section 52.1620(e) is amendedby adding a new entry at the end ofthe second table entitled "EPA Approved Nonregulatory Provisions and QuasiRegulatory Measures in the NewMexico SIP" to read asfollows:
§52.1620 Identification of plan.

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