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[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3883-3885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00774]

[[Page 3883]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0033; FRL-9921-79-Region 6]

Approval and Promulgation of Implementation Plans; State of New 
Mexico; Revisions to the State Implementation Plan; General Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct 
final action to approve revisions to the New Mexico State 
Implementation Plan (SIP) related to the General Definitions section of 
the New Mexico SIP that were submitted by the State of New Mexico on 
June 11, 2009. EPA has evaluated the SIP revisions for New Mexico and 
determined these revisions are consistent with the requirements of the 
Clean Air Act (Act or CAA). EPA is approving this action under section 
110 of the Act.

DATES: This direct final rule is effective on March 27, 2015 without 
further notice, unless EPA receives significant adverse comment by 
February 25, 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 ID No. EPA-R06-
OAR-2011-0033, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions.
    (2) Email: Ms. Tracie Donaldson at donaldson.tracie@epa.gov.
    (3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0033. 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: Ms. Tracie Donaldson, (214) 665-6633, 
donaldson.tracie@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Donaldson 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
    A. CAA and SIPs
    B. SIP Revision Submitted on June 11, 2009
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to EPA 
a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). The NAAQS currently address six criteria 
pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate 
matter, and sulfur dioxide. Each federally-approved SIP protects air 
quality primarily by addressing air pollution at its point of origin 
through air pollution regulations and control strategies. EPA-approved 
SIP provisions and control strategies are federally enforceable. States 
revise the SIP as needed and submit revisions to EPA for approval.

B. SIP Revision Submitted on June 11, 2009

    On August 31, 2009, the New Mexico Environmental Improvement Board 
(EIB) adopted amendments to the New Mexico Administrative Code (NMAC) 
at Title 20, Chapter 2, Parts 2, 74 and 79. Governor Richardson 
submitted these amendments as a revision to the New Mexico SIP in a 
letter dated June 11, 2009.
    As part of this action, EPA is addressing only the revisions to the 
NMAC at Title 20, Chapter 2, Part 2, Definitions that were contained in 
the revisions adopted on August 31, 2009. This includes the addition of 
two definitions: ``PM2.5'' and ``PM2.5 
emissions.'' EPA is not addressing the revisions to Parts 74 and 79, 
which were previously addressed in a separate action. See 75 FR 72688.
    EPA is also taking this opportunity to recodify the General 
Definitions of the NMAC as part of this action. The New Mexico EIB 
adopted the recodification of Title 20, Chapter 2, Part 2 in 2002.

II. EPA's Evaluation

    As detailed in the Technical Support Document (TSD) accompanying 
this action, the definitions of ``PM2.5'' and 
``PM2.5 emissions'' that were submitted as additions to the 
New Mexico SIP have been reviewed and were found to be consistent with 
EPA's federal regulations. The 2002 recodification of Title 20, Chapter 
2, Part 2 is administrative in nature, does not contain substantive 
changes, and is approvable.

III. Final Action

    For the reasons stated above and in the TSD, EPA is taking direct 
final action to approve revisions to the New Mexico SIP pertaining to 
the General Definitions section at NMAC, Title 20, Chapter 2, Part 2, 
Definitions, as adopted on August 31, 2009, and submitted as SIP 
revisions on June 11, 2009. EPA is also approving the recodification of 
Title 20, Chapter 2, Part 2 adopted in 2002 as part of this action.
    We are approving the revisions to the New Mexico SIP under section 
110 of the Act. We are publishing this rule without prior proposal 
because we view

[[Page 3884]]

this as a noncontroversial amendment and anticipate no significant 
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 
significant adverse comments are received. This rule will be effective 
on March 27, 2015 without further notice unless we receive significant 
adverse comment by February 25, 2015. If we receive significant 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 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 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 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.);
     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, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 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 27, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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 dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: January 6, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. In Sec.  52.1620(c), the table titled ``EPA Approved New Mexico 
Regulations'' is amended by revising the entry for Part 2 under ``New 
Mexico Administrative Code (NMAC) Title 20--Environment Protection 
Chapter 2--Air Quality''. The revision reads as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
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                                                     State
   State citation          Title/ subject          approval/       EPA approval date             Comments
                                                effective date
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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[[Page 3885]]

 
                                                  * * * * * * *
Part 2..............  Definitions.............       8/31/2009  1/26/2015..............  The following
                                                                [Insert FR page number    definitions are state
                                                                 where document begins].  specific and are not
                                                                                          being approved into
                                                                                          the SIP:
                                                                                         G. ``Carbon dioxide''
                                                                                         M. ``Greenhouse gas''
                                                                                         O.
                                                                                          ``Hydrofluorocarbons''
                                                                                         S. ``Methane''
                                                                                         V. ``Nitrous oxide''
                                                                                         AA.
                                                                                          ``Perfluorocarbons''
                                                                                         AN. ``Sulfur
                                                                                          hexafluoride''
 
                                                  * * * * * * *
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[FR Doc. 2015-00774 Filed 1-23-15; 8:45 am]
BILLING CODE 6560-50-P
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