Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61751 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0205; FRL–9935–44– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Infrastructure for the 2010 Sulfur 

Dioxide National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

submission from the State of New 

Mexico for the Sulfur Dioxide (SO2) 

National Ambient Air Quality Standards 

(NAAQS). The submittal addresses how 

the existing SIP provides for 

implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS 

(infrastructure SIP or i-SIP), including 

two of the four CAA requirements for 

interstate transport of SO2 emissions. 

This i-SIP ensures that the State’s SIP is 

adequate to meet the state’s 

responsibilities under the Federal Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

November 13, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2014–0205. 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 EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, (214) 665–6454, 

fuerst.sherry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our June 29, 2015 

proposal (80 FR 36956). In that notice, 

we proposed to approve the New 

Mexico i-SIP submittal for the 2010 SO2

NAAQS. 

We received comments from one 

commenter on the proposal. Our 

response to the comments are below. 

II. Response to Comments 

Comment: One commenter stated that 

EPA cannot approve the PSD portions of 

the i-SIP, ergo110(a)(2)(C), (D)(i)(II)(PSD 

prong) and (J), until the PM2.5

increments are fully approved into both 

the New Mexico and AlbuquerqueBernalillo County SIPs. 

Response: EPA disagrees with the 

comment as our proposed action did not 

pertain to the Albuquerque-Bernalillo 

County portion of the SIP. The New 

Mexico Air Quality Control Act (section 

74–2–4) authorizes Albuquerque/

Bernalillo County to locally administer 

and enforce the State Air Quality 

Control Act by providing for a local air 

quality control program. Thus, State law 

views Albuquerque/Bernalillo County 

and the remainder of the State of New 

Mexico as distinct air quality control 

entities. Therefore, each entity is 

required to submit its own SIP revision 

in order to completely satisfy the 

requirements of the Clean Air Act for 

the entire State of New Mexico. The 

Albuquerque/Bernalillo County Air 

Quality Control Board has the authority 

to implement a comprehensive 

Prevention of Significant Deterioration 

(PSD) permit program, separate and 

independent from the NM Air Quality 

Board. At the time of the instant 

proposal and comment, EPA had not yet 

approved any revision to the 

Albuquerque/Bernalillo County portion 

of the New Mexico PSD SIP. 

EPA published its approval of 

revisions to the New Mexico SIP for 

Albuquerque/Bernalillo County that 

address the requirements of the EPA’s 

May 2008, July 2010, and October 2012 

PM2.5 PSD Implementation Rules, and 

also incorporate revisions consistent 

with EPA’s March 2011 Fugitives 

Interim Rule, July 2011 Greenhouse Gas 

(GHG) Biomass Deferral Rule, and July 

2012 GHG Tailoring Rule Step 3 and 

GHG PALs Rule (see docket EPA–R06– 

OAR–2013–0616 in 

www.regulations.gov). The comment is 

not relevant to the instant New Mexico 

SIP action, but EPA’s approval of the 

Albuquerque/Bernalillo County PSD SIP 

revisions renders the comment moot. 

III. Final Action 

EPA is approving the February 14, 

2014, infrastructure SIP submission 

from New Mexico, which addresses the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2010 SO2

NAAQS, including two of the four CAA 

requirements for interstate transport of 

SO2 emissions. The two interstate 

transport requirements being addressed 

pertain to prohibiting SO2 emissions 

that will interfere with measures 

required to be included in the SIP for 

any other State to prevent significant 

deterioration of air quality or to protect 

visibility (CAA 110(a)(2)(D)(i)(II)). 

Specifically, EPA is approving the i-SIP 

as meeting the following CAA 

infrastructure elements: 110(a)(2)(A), 

(B), (C), (D)(i)(II), D(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). EPA is not taking 

action on section 110(a)(2)(D)(i)(I)— 

pertaining to prohibiting emissions 

which will contribute significantly to 

nonattainment or interfere with 

maintenance of the NAAQS at this time. 

EPA is not taking action pertaining to 

section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions under Part 

D as EPA believes this need not be 

addressed in the i-SIP. Based upon 

review of the state’s infrastructure SIP 

submissions and relevant statutory and 

regulatory authorities and provisions 

referenced in these submissions or 

referenced in New Mexico’s SIP, EPA 

believes that New Mexico has the 

infrastructure in place to address all 

applicable required elements of sections 

110(a)(1) and (2) (except as otherwise 

noted) to ensure that the 2010 SO2

NAAQS are implemented in the state. 

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, the 

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 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 


tkelley on DSK3SPTVN1PROD with RULES
61752 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 14, 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, 

Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: September 29, 2015. 

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. In § 52.1620, the second table in 

paragraph (e) is amended by adding the 

entry ‘‘Infrastructure for the 2010 SO2

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 

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 the 2010 

SO2 NAAQS.

Statewide, except for 

Bernalillo County and Indian country.

2/14/2014 10/14/2015 [insert Federal 

Register citation].

Does not address CAA 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–25968 Filed 10–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0479; FRL–9935–58– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Low Emission Vehicle 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Delaware State Implementation Plan 

(SIP). The SIP revision pertains to 

adoption by Delaware of a Low 

Emission Vehicle (LEV) Program. The 

Clean Air Act (CAA) grants authority to 

EPA to adopt Federal standards for 

emissions from new motor vehicles, and 

generally preempts states from doing so. 

However, the CAA grants California 

authority to adopt its own motor vehicle 

standards, as long as EPA approves 

California’s program via a preemption 

waiver. The CAA also allows other 

states to then adopt California’s vehicle 

standards for which EPA has granted 

such a waiver, provided the state’s 

standards are identical to California’s 

standards and the state adopts the 

standards at least two years prior to 

their commencement. Delaware adopted 

California emission standards for 

passenger cars and trucks, and mediumduty passenger and other medium-duty 

vehicles in 2010, effective beginning 

with new vehicles sold in model year 

2014. Delaware amended its LEV 

program regulation in 2013 to 

incorporate California’s most recent LEV 

regulatory updates to its program. It is 

this program that Delaware submitted to 

EPA in August 2014 for inclusion into 

Delaware’s SIP and which is the subject 

of this rulemaking action. The purpose 

of this SIP revision is to reduce vehicle 

emissions that contribute to formation 


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