Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 4337 

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–OAR– 

2009–0710. 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 

III. 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 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 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 

PM2.5 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 PM2.5 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). 


tkelley on DSK3SPTVN1PROD with 
4338 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 

PM2.5 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 

■ 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) * * * 


tkelley on DSK3SPTVN1PROD with 
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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