# + 2

(,1 1/,1(

Citation: 78 Fed. Reg. 4339 2013

Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Nov 12 16:32:09 2014

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from uncorrected OCR text.

### 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), otherstates' 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; Revisionsto 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 NewMexico SIP toupdate the New Mexico NNSR and PSD SIP permitting programs consistent withfederal requirements. EPA finds thatthese revisions to the NewMexico SIP meet the Federal Clean Air Act (theAct or CAA) and EPAregulations, and are consistent with EPA policies. New Mexico submitted the PSD andNNSR SIP permitting revisions in two SIP submittals onJune 11, 2009 and May 23, 2011. EPA is finalizing this action under section 110 and parts C and D ofthe Act.

DATES: This final rule willbe effective February 21, 2013.
ADDRESSES: EPAhas established a docketfor this action under Docket ID No. EPA-R06-OAR-2011-0033. All documents in the docket are listed in the www.regulations.govindex. 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.govor inhard 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 thehours of 8:30 a.m. and 4:30 p.m. weekdays except forlegal holidays. Contact theperson listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. BillDeese at 214-665-7253 tomake an appointment. Ifpossible, please make the appointment at least two working days in advance ofyourvisit. There will be

a fee of 15 cents perpage 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 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 forFinal Action 

### II.Final Action 

### IlL Statutory andExecutive Order Reviews
I. Background for FinalAction

Thebackground 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 theNew Mexico Nonattainment New Source Review (NNSR)and Prevention ofSignificant 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. 5Rule (73 FR 28321, May 16, 2008), PM2. 5PSD 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 andthe rationale for EPA's proposed actions, together with a discussion ofthe 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 oftwo revisions to the NewMexico SIP submitted by the Governor ofNew 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 ofthe Act and EPA's regulations, and consistent with EPA guidance. EPA is approving revisions to Part 74 ofthe NewMexico Administrative Code (NMAC), Title 20 (Environment Protection), Chapter 2 (AirQuality) 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 onJune 11, 2009 andMay 23, 2011.

Specifically, EPA is approving the following revisions to Part 74 submitted
onMay 23, 2011. These revisions satisfy 

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

the PM2.5PSD requirements under EPA's May 16, 2008 and October 20, 2010 final PM2. 5PSD 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 ofSources;

* 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 ClassI 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 isalso approving the following revisions to Part 79 submitted May 23, 2011. These revisions satisfy EPA's PM2.5NNSRrequirements under EPA's May 16, 2008 and October 20, 2010final PM2.5NSRpermitting implementation rules, and theDecember 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 itis severingthe revisions to 20.2.74.303(A) NMAC submitted on May 23, 2011 relating to PM2.5 significant impact levels (SILs). These revisions are equivalent to the provisions EPA hasrequested 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 ofSILs to demonstrate compliance with CAA section 163(a). (SierraClubv.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 ofCAA 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 revisitthese submitted revisions after the court addresses EPA's request forremand with vacatur or EPA initiates rulemaking torevise 40 CFR 51.166(k)(2).

III. Statutoryand Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies withthe 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 isto approve state choices, provided that theymeet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposedby state law. Forthat
reason, this action: * Is not a "significant regulatory action" subject toreview by 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 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 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the
agency promulgating the rulemust submita rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General oftheUnited 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 Statesprior to publication ofthe rule in the FederalRegister. A majorrule
cannot take effectuntil 60 days after its 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 Clean Air Act, petitions forjudicial review of this action must be filed inthe United States Court ofAppeals for the appropriate circuit by March 25, 2013. Filing a petition forreconsideration by the Administrator ofthis final rule does
not affect the finality ofthis action for the purposes ofjudicial reviewnor does it extend the timewithin which a petition forjudicial review maybe filed, and shall not postpone the effectiveness ofsuch 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 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting andrecordkeeping requirements.

Dated: January 3, 2013. Ron Curry, Regional Administrator,Region6.
40 CFR part 52 is amended as follows: 

### 4340Federal 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) isamendedby The revisions read as follows: revising the entries forParts 74 and 79

m1. The authority citationfor part52 under the first table titled "New Mexico §52.1620 Identification ofplan. continues to read as follows: *d* * * * Administrative Code (NMAC) Title 20- Authority: 42 U.S.C. 7401 etseq. (c)

EPA APPROVED NEW MEXICO REGULATIONS

State State citation Title/subject approval/ EPA approval date Comments effective

date

New Mexico Administrative Code (NMAC) Title20-Environment Protection Chapter 2-AirQuality

Part 74

.................................... Permits- Prevention of Sig- 6/3/2011 1/22/2013 [Insert FRpage Revisionsto 20.2.74.303(A) nificant Deterioration. number where document NMAC submitted 5/23/ begins]. 2011, effective 6/3/2011,
are NOTpart 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 IAreas 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 finalrule partially approved and partially disapproved a State Implementation Plan (SIP) revision submittedby the State ofUtah on May 26, 2011 that addresses regional haze. The finalrule preamble inadvertently did not include language pertaining to judicial review, andthis document adds that language. DATES: Effective onJanuary 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, inthe first column, in sectionV. StatutoryandExecutive Order Reviews,paragraph L. is added to read as follows: "L. JudicialReviewUnder section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit byMarch 25, 2013. Filing a petition for reconsideration by the Administrator ofthis finalrule does not affect the finality ofthis action for the purposes ofjudicial review nor does it extend the time within which apetition forjudicial review maybe filed, and shall not postpone the effectiveness of such rule or action. This action maynot be challenged later in proceedings to enforce its requirements. (SeeCAA section 307(b)(2).)" Dated: December 20, 2012. James B. Martin, Regional Administrator, Region8. [FRDoe. 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 ofAreas forAirQuality Planning Purposes; Alabama; Redesignation of the Birmingham 1997 Annual Fine Particulate Matter Nonattainment Area toAttainment

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 ofAlabama, 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