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

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP

Applicable State

Name of SIP provision geographic or submittal/ EPA approval date Explanation nonattainment effective area date

Infrastructure for 2006 PM 2.

5 Statewide, except for 6/12/2009 1/22/2013 [Insert FR page Approval for 110(a)(2)(A), (B),

and Interstate Transport re- Bernalillo County and In- number where document (C), (D)(i)(ll) (PSD portion),

garding noninterference with dian country. begins]. (D)(ii), (E), (F), (G), (H), (J),

other states' programs for (K), (L), and (M).

PSD for the 2006 PM 2.

5

NAAQS.

[FR Doe. 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 (6PDR), 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

IlL 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 PM 2.

5 Rule

(73 FR 28321, May 16, 2008), PM 2.

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

4339
Federal Register/Vol. 78, No. 14/Tuesday, January 22, 2013/Rules and Regulations

the PM 2.5 PSD requirements under

EPA's May 16, 2008 and October 20,

2010 final PM 2.

5 PSD permitting

implementation rules, and EPA's

December 21, 2007 Reasonable

Possibility in Recordkeeping Rule.

* 20.2.74.7 NMAC-Definitions;

* 20.2.74.300 NMAC-Obligations of

Owners or Operators of Sources;

* 20.2.74.303 NMAC-Ambient

Impact Requirements;

* 20.2.74.306 NMAC-Monitoring

Requirements;

* 20.2.74.403 NMAC-Additional

Requirements for Sources Impacting

Class I Federal Areas;

* 20.2.74.502 NMAC-Significant

Emission Rates;

* 20.2.74.503 NMAC-Significant

Monitoring Concentrations;

* 20.2.74.504 NMAC-Allowable

PSD Increment; and

* 20.2.74.505 NMAC-Maximum

Allowable Increases for Class I Waivers.

EPA is approving the following

revisions to Part 79 submitted June 11,

2009. These revisions satisfy EPA's

November 29, 2005 Phase 2 8-hour

Ozone Implementation Rule for

nonattainment areas.

* 20.2.79.7 NMAC-Definitions;

* 20.2.79.109 NMAC-Applicability;

and

* 20.2.79.115 NMAC-Emission

Offsets.

EPA is also approving the following

revisions to Part 79 submitted May 23,

2011. These revisions satisfy EPA's

PM 2.5 NNSR requirements under EPA's

May 16, 2008 and October 20, 2010 final

PM 2.5 NSR permitting implementation

rules, and the December 21, 2007

Reasonable Possibility in Recordkeeping

Rule. New Mexico also made some

nonsubstantive changes in 2011 to

20.2.79.109 NMAC as adopted and

submitted in 2009, and we are

approving these nonsubstantive

changes.

* 20.2.79.7 NMAC-Definitions;

* 20.2.79.109 NMAC-Applicability;

and

* 20.2.79.119 NMAC-Tables.

EPA explained in the proposal for this

action that it is severing the revisions to

20.2.74.303(A) NMAC submitted on

May 23, 2011 relating to PM 2.5

significant impact levels (SILs). These

revisions are equivalent to the

provisions EPA has requested the DC

Circuit Court in pending litigation to

remand and vacate at 40 CFR

51.166(k)(2) that were promulgated on

October 20, 2010, and conflict with our

intentions for the use of SILs to

demonstrate compliance with CAA

section 163(a). (Sierra Club v. EPA, Case

No 10-1413, DC Circuit). Therefore,

20.2.74.303 NMAC as adopted by NMED

on January 1, 2011, and SIP-approved

by EPA on July 20, 2011, remains the

SIP-approved section. See 76 FR 43149.

The NMED continues to retain the

ability to implement the PM 2.5 SILs at

20.2.79.119 NMAC consistent with

EPA's interpretation of CAA section

163(a). Further, the revisions to

20.2.74.303(A) NMAC submitted on

May 23, 2011, will remain before EPA

for review. EPA will revisit these

submitted revisions after the court

addresses EPA's request for remand

with vacatur or EPA initiates

rulemaking to revise 40 CFR

51.166(k)(2).

III. 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.);

* 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 CAA; 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 its

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 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 oxides, Particulate matter,

Reporting and recordkeeping

requirements.

Dated: January 3, 2013.

Ron Curry,

Regional Administrator, Region 6.

40 CFR part 52 is amended as follows:

4340
Federal Register/Vol. 78, No. 14/Tuesday, January 22, 2013/Rules and Regulations

PART 52-APPROVAL AND Subpart GG-New Mexico Environment Protection Chapter 2-Air

PROMULGATION OF Quality".

IMPLEMENTATION PLANS * 2. Section 52.1620(c) is amended by The revisions read as follows:

revising the entries for Parts 74 and 79

m 1. The authority citation for part 52 under the first table titled "New Mexico § 52.1620 Identification of plan.

continues to read as follows: *d* * * *

Administrative Code (NMAC) Title 20-

Authority: 42 U.S.C. 7401 et seq. (c)

EPA APPROVED NEW MEXICO REGULATIONS

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

Part 74 .................................... Permits- Prevention of Sig- 6/3/2011 1/22/2013 [Insert FR page Revisions to 20.2.74.303(A)

nificant Deterioration. number where document NMAC submitted 5/23/

begins]. 2011, effective 6/3/2011,

are NOT part of SIP.

20.2.74.303 NMAC submitted

12/1/2010, effective 1/1/

2011, remains SIP approved (6/20/2011, 76 FR

43149).

Part 79 .................................... Permits- Nonattainment 6/3/2011 1/22/2013 [Insert FR page

Areas. number where document

begins].

* * * * *

[FR Doe. 2013-00729 Filed 1-18-13; 8:45 am]

BILLING CODE P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0114; FRL-9771-9]

Approval, Disapproval and

Promulgation of State Implementation

Plans; State of Utah; Regional Haze

Rule Requirements for Mandatory

Class I Areas Under 40 CFR 51.309;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: The EPA is supplementing

the preamble to the final rule that

appeared in the Federal Register on

December 14, 2012. This final rule

partially approved and partially

disapproved a State Implementation

Plan (SIP) revision submitted by the

State of Utah on May 26, 2011 that

addresses regional haze. The final rule

preamble inadvertently did not include

language pertaining to judicial review,

and this document adds that language.

DATES: Effective on January 14, 2013.

FOR FURTHER INFORMATION CONTACT:

Laurel Dygowski, Air Program,

Mailcode 8P-AR, Environmental

Protection Agency, Region 8, 1595

Wynkoop Street, Denver, Colorado

80202-1129, (303) 312-6144,

dygowski.laurel@epa.gov.

SUPPLEMENTARY INFORMATION: In Federal

Register document 2012-29406

published in the Federal Register on

December 14, 2012 (77 FR 74355), the

following corrections are made:

1. On page 74372, in the first column,

in section V. Statutory and Executive

Order Reviews, paragraph L. is added to

read as follows: "L. Judicial ReviewUnder 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 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 CAA

section 307(b)(2).)"

Dated: December 20, 2012.

James B. Martin,

Regional Administrator, Region 8.

[FR Doe. 2013-01081 Filed 1-18-13; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2011-0316; FRL-9771-1]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; Alabama; Redesignation of

the Birmingham 1997 Annual Fine

Particulate Matter Nonattainment Area

to Attainment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

approve a request submitted on May 2,

2011, from the State of Alabama,

through the Alabama Department of

Environmental Management (ADEM),

Air Division, to redesignate the

Birmingham fine particulate matter

(PM2.

5) nonattainment area (hereafter

referred to as the "Birmingham Area" or

4341