15296 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 

1EPA stated in the proposed action, in part: 

‘‘* * *the only area designated nonattainment for 

the 1-hour ozone NAAQS is Sunland Park.’’ 77 FR 

71151, November 29, 2012. 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Sector Lake Michigan, or his 

on-scene representative. 

Dated: February 26, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2013–05546 Filed 3–8–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0006; FRL– 

9788–8] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

New Source Review (NSR) 

Preconstruction Permitting Program; 

Clarification of EPA’s Approval of the 

Sunland Park Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions to the applicable New 

Source Review (NSR) State 

Implementation Plan (SIP) for New 

Mexico. Among the changes, EPA is 

approving the following: the 

establishment of a new Minor NSR 

(MNSR) general construction permitting 

program; changes to the MNSR Public 

Participation requirements; the 

establishment of three different types of 

MNSR Permit Revisions; and the 

addition of exemptions for de minimis 

emission sources and activities from 

obtaining a MNSR permit. EPA finds 

that these revisions to the New Mexico 

SIP comply with the Federal Clean Air 

Act (the Act or CAA) and EPA 

regulations and are consistent with EPA 

policies. EPA also is providing 

clarification of an earlier separate EPA 

rulemaking action approving the 

Section 110(a)(1) Maintenance Plan for 

the 1997 8-hour ozone standard for the 

Sunland Park 1997 8-hour attainment 

area. This action is being taken under 

section 110 of the Act. 

DATES: This final rule is effective on 

April 10, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2005–NM–0006. 

All documents in the docket are listed 

on the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

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 Freedom of 

Information Act 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 15 cent per page fee 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. 

The State submittals related to this 

SIP revision, and which are part of the 

EPA docket, are also available for public 

inspection at the State Air Agency listed 

below during official business hours by 

appointment: 

New Mexico Environment 

Department, Air Quality Bureau, 1301 

Siler Road, Building B, Santa Fe, New 

Mexico. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7289; fax number (214) 665– 

6762; email address 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

Table of Contents 

I. What is the background for this action? 

II. What public comments were received? 

III. What final action is EPA taking? 

A. What are we not addressing in this final 

action? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

The background for today’s action is 

discussed in detail in our November 29, 

2012 proposal (77 FR 71145). In that 

notice, we proposed to approve 

revisions to the NSR SIP for New 

Mexico submitted on May 29, 1998, 

November 6, 1998, April 11, 2002, April 

25, 2005, and November 2, 2006, which 

incorporate changes to the Construction 

Permits regulation contained in 20.2.72 

of the New Mexico Administrative Code 

(NMAC), also known as Part 72. Part 72 

contains the provisions that establish 

New Mexico’s Minor NSR permitting 

program as well as preconstruction 

permitting requirements potentially 

applicable to other programs under the 

NMAC. EPA also proposed to approve 

as part of the New Mexico NSR SIP, the 

letter dated November 7, 2012, from the 

Secretary committing the New Mexico 

Environment Department (NMED) Air 

Quality Bureau to providing notification 

on the NMED’s Web site of all second 

30-day public comment periods 

provided for under Paragraph B of 

Section 206 of Part 72. 

Our November 29, 2012 proposal 

provides a detailed description of the 

submittals and the rationale for EPA’s 

proposed action, together with a 

discussion of the opportunity to 

comment. The public comment period 

for this action closed on December 31, 

2012. 

II. What public comments were 

received? 

The Federal Register proposing 

approval of these SIP revisions was 

published on November 29, 2012, and 

the public comment period closed on 

December 31, 2012. EPA received one 

comment letter submitted by the NMED 

(hereinafter referred to as ‘‘the 

commenter’’). The comment letter is 

available for review in the docket for 

this rulemaking. We received no adverse 

comments on the proposed rule from 

the commenter. The commenter 

generally expressed support of EPA’s 

proposed approval of these SIP 

revisions, and raised two considerations 

that EPA is clarifying in its responses. 

Comment: The commenter raised a 

concern about EPA’s reference in its 

proposed action incorrectly referring to 

the Sunland Park, New Mexico area as 

being designated nonattainment for the 

revoked 1-hour ozone National Ambient 

Air Quality Standard (NAAQS). The 

commenter contends that this area is no 

longer designated as nonattainment for 

the 1-hour ozone NAAQS. 

Response: EPA agrees the Sunland 

Park area is no longer designated 

nonattainment for the 1-hour ozone 

NAAQS.1 EPA revoked the 1-hour 

ozone NAAQS for the Sunland Park area 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 15297 

2Codified at 70 FR 44470, April 3, 2005. 

3The list of past 1-hour ozone designations in 40 

CFR part 81 for Sunland Park is a historical 

reference only. 

4Approval and Promulgation of Air Quality 

Implementation Plans; New Mexico; Sunland Park 

Section 110(A)(1) Maintenance Plan for the 1997 8- 

hour Ozone Standard, 76 FR 28181, May 16, 2011. 

effective one year following the effective 

date of the area’s designation as 

attainment for the 1997 8-hour ozone 

NAAQS—June 15, 2005.2 EPA 

subsequently approved a maintenance 

plan for the 8-hour standard for the 

Sunland Park area under section 

110(a)(1) of the CAA and 40 CFR 

51.905(a)(3)(iii). Therefore, Sunland 

Park’s prior designation under the 1- 

hour ozone standard is of historical 

interest only.3 As NMED points out, 

EPA has determined that Sunland Park 

has met all of its obligations under the 

revoked 1-hour ozone standard. 

Therefore, the reference to the prior 1- 

hour ozone designation status of the 

Sunland Park area in the proposal has 

no effect on its current obligations. 

Comment: The commenter states that 

New Mexico submitted, and EPA 

approved, a timely maintenance plan for 

the new 8-hour ozone standard for the 

Sunland Park area in accordance with 

40 CFR 51.905(a)(3)(iii). The commenter 

also states that EPA has previously 

noted in its approval of the maintenance 

plan, ‘‘[t]here are no outstanding 

obligations under the 1-hour ozone 

NAAQS’’ for the Sunland Park area. 76 

FR 28181 at 28182 (May 16, 2011). The 

commenter affirms that because the 

State’s SIP-approved permitting rules 

are self implementing, the Prevention of 

Significant Deterioration (PSD) 

permitting requirements became 

applicable for the Sunland Park area 

upon revocation of the 1-hour ozone 

NAAQS. 

Response: EPA agrees the SIP’s PSD 

rules are self-implementing and, as a 

result, the PSD SIP permitting 

requirements are applicable to the 

Sunland Park area. As long as New 

Mexico interprets its SIP as applying 

PSD to Sunland Park, upon approval of 

the Sunland Park maintenance plan for 

the 1997 8-hour ozone NAAQS, the 1- 

hour ozone Nonattainment NSR (NNSR) 

permitting requirements for the Sunland 

Park area were no longer required. New 

Mexico submitted, and EPA approved, a 

timely maintenance plan for the 1997 8- 

hour ozone NAAQS for the Sunland 

Park area.4 Consistent with this 

confirmation, provided in the comment 

letter from NMED, that the New Mexico 

SIP’s PSD rules are self-implementing 

and therefore applicable to the Sunland 

Park area, EPA wishes to clarify its 

previous approval of the Sunland Park 

maintenance plan for the 1997 8-hour 

ozone NAAQS. Our previous approval 

did not make clear that New Mexico’s 

PSD SIP permitting requirements are 

applicable to the Sunland Park area, and 

therefore EPA would not require the 

continued application of 1-hour ozone 

NNSR permitting requirements for the 

area upon approval of the maintenance 

plan. Consistent with the commenter’s 

affirmation and EPA’s confirmation that 

the New Mexico SIP’s PSD rules are 

self-implementing, EPA clarifies that the 

PSD SIP permitting requirements have 

been applicable to the Sunland Park 

area from the effective date of EPA’s 

approval of the maintenance plan. 

III. What final action is EPA taking? 

We are approving the SIP revisions to 

the Construction Permits regulation 

found in Part 72 that were submitted by 

New Mexico on May 29, 1998, 

November 6, 1998, April 11, 2002, April 

25, 2005, and November 2, 2006, and 

the letter from the Secretary dated 

November 7, 2012. This action is being 

taken under section 110 of the CAA. 

Additionally, EPA is clarifying 

statements made in the proposed action 

and the approach it took with respect to 

the 1-hour ozone nonattainment NSR/ 

PSD transition in its approval of the 

Sunland Park 110(a)(1) maintenance 

plan. 

A. What are we not addressing in this 

final action? 

EPA is only taking final action on the 

severable revisions to Part 72 contained 

in the five SIP revision submittals listed 

above that were submitted to us for 

review and incorporation into the New 

Mexico SIP. By severable, we mean that 

the portions of the SIP revision 

submittals relating to Part 72 can be 

implemented independently of the 

remaining portions of the submittal, 

without affecting the stringency of the 

submitted rules. In addition, the 

remaining portions of the submittal are 

not necessary for approval of the 

provisions addressing Part 72. The 

following is a list of other revisions 

contained in the November 6, 1998, 

April 11, 2002, April 25, 2005, and 

November 2, 2006 submittals that are 

not being addressed in this final action: 

• The November 6, 1998 submittal 

from New Mexico also contained 

revisions to correct errors in 20.2.70 

NMAC—Operating Permits. Because 

20.2.70 NMAC is outside the scope of 

the New Mexico SIP, the revisions to the 

Operating Permits provisions were not 

submitted as revisions to the state’s SIP. 

• The April 11, 2002 submittal from 

New Mexico also contained revisions to 

20.2.73 NMAC—Notice of Intent and 

Emissions Inventory Requirements, 

20.2.74 NMAC—Permits—Prevention of 

Significant Deterioration, 20.2.75 

NMAC—Construction Permit Fees, and 

20.2.79 NMAC—Permits— 

Nonattainment Areas. Portions of the 

submittal related to Parts 73, 74, 75, and 

79 have been or will be addressed in 

separate SIP revisions reviews and rule 

actions, as necessary. 

• The April 11, 2002 submittal also 

included documentation related to an 

additional revision to 20.2.72 NMAC 

(filed with the State Records Center on 

February 28, 2001, effective March 30, 

2001), which was submitted to EPA for 

informational purposes only and was 

not submitted for approval under the 

SIP. Therefore, the February 28, 2001 

state adopted revisions to Part 72 are not 

included in this final action. 

• The April 25, 2005 submittal from 

New Mexico also contained revisions to 

20.2.66 NMAC—Cotton Gins, 20.2.73 

NMAC—Notice of Intent and Emissions 

Inventory Requirements, and 20.2.75 

NMAC—Construction Permit Fees. 

Portions of the submittal related to Parts 

66, 73, and 75 have been or will be 

addressed in separate SIP revisions 

reviews and rule actions, as necessary. 

• The November 2, 2006 submittal 

from New Mexico also contained 

revisions to 20.2.3 NMAC—Ambient Air 

Quality Standards, 20.2.70 NMAC— 

Operating Permits, and 20.2.99 NMAC— 

Conformity to the State Implementation 

Plan of Transportation Plans, Programs 

and Projects. Portions of the submittal 

related to Parts 3, 70, and 99 have been 

or will be addressed in separate SIP 

revisions reviews and rule actions, as 

necessary. 

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 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.); 

mstockstill on DSK4VPTVN1PROD with RULES

15298 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 

• 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 May 10, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 26, 2013. 

Samuel Coleman, P.E., 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 is amended as 

follows: 

■ a. The first table in paragraph (c) 

entitled ‘‘EPA Approved New Mexico 

Regulations’’ is amended by revising the 

entry for part 72. 

■ b. The second table in paragraph (e) 

entitled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the New Mexico SIP’’ is 

amended by adding to the end of the 

table a new entry for ‘‘Letter of 

commitment for the New Mexico SIP for 

Minor NSR Public Notice.’’ 

The revision and addition read as 

follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 15299 

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 72 .................. Construction Permits.9/6/2006 3/11/2013 [Insert 

FR page number 

where document 

begins].

The SIP includes NMED’s letter dated 11/7/2012, which 

commits the NMED Air Quality Bureau to providing notification on the NMED’s website of all second 30-day 

public comment periods provided for under paragraph B 

of 20.2.72.206. NOT in SIP: the definitions of ‘‘Accelerated review’’, ‘‘Affiliate’’, ‘‘Conflict of interest’’, ‘‘Interested party’’ and ‘‘Qualified outside firm’’ in 20.2.72.7; 

subsection (B)(15) of 20.2.72.203; subsection (H) of 

20.2.72.208; 20.2.72.221; 20.2.72.400–20.2.72.499; and 

20.2.72.502. References to 20.2.77, 20.2.78, and 

20.2.82 are approved for Part 72 only; underlying and 

related regulations for referred Parts NOT in SIP. 

* * * * * * * 

* * * * * 

(e) * * * 

* * * * * 

EPA APPROVED NONREGULATORY 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 

*******

Letter of commitment 

for the New Mexico 

SIP for Minor NSR 

Public Notice.

Statewide (except 

Bernalillo County).

11/7/2012 3/11/2013 [Insert FR 

page number where 

document begins].

Letter dated 11/7/2012 from NMED to EPA 

that commits the NMED Air Quality Bureau 

to providing notification on the NMED’s 

website of all second 30-day public comment periods provided for under paragraph 

B of 20.2.72.206. 

[FR Doc. 2013–05484 Filed 3–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R02–RCRA–2013–0144; FRL–9693–2] 

New York: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: New York State has applied to 

EPA for final authorization of changes to 

its hazardous waste program under the 

Solid Waste Disposal Act, as amended, 

commonly referred to as the Resource 

Conservation and Recovery Act (RCRA). 

EPA has determined that these changes, 

with limited exceptions, satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this direct final 

action. 

DATES: This final authorization will 

become effective on May 10, 2013 

unless EPA receives adverse written 

comment by April 10, 2013. If EPA 

receives such comment, it will publish 

a timely withdrawal of this direct final 

rule or those paragraphs or sections of 

this rule which are the subject of the 

comments opposing the authorization in 

the Federal Register and inform the 

public that only the portion of the rule 

that is not withdrawn will take effect. 

(See Section E of SUPPLEMENTARY

INFORMATION for further details). 

ADDRESSES: Submit your comments, 

identified by EPA–R02–RCRA–2013– 

0144, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: infurna.michael@.epa.gov. 

• Fax: (212) 637–4437, to the 

attention of Michael Infurna. 

• Mail: Send written comments to 

Michael Infurna, EPA, Region 2, 290 

Broadway, 22nd Floor, New York, NY 

10007. 

• Hand Delivery or Courier: Deliver 

your comments to Michael Infurna, 

EPA, Region 2, 290 Broadway, 22nd 

Floor, New York, NY 10007. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The public is advised to call 

in advance to verify the business hours. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–RCRA–2013– 

0144. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on line 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

mstockstill on DSK4VPTVN1PROD with RULES