Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations 33191 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0821; FRL–9928–80– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

New Mexico; Infrastructure 

Requirements for the 2008 Lead 

National Ambient Air Quality Standard 

and Repeal of Cement Kilns Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA), the Environmental 

Protection Agency (EPA) is approving a 

State Implementation Plan (SIP) 

submittal from the State of New Mexico 

pertaining to the implementation, 

maintenance, and enforcement of the 

2008 National Ambient Air Quality 

Standards (NAAQS or standards) for 

Lead (Pb). EPA is also approving a 

revision to the New Mexico SIP that 

removes a repealed state-wide cement 

kilns rule from the SIP. 

DATES: This final rule is effective on July 

13, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0821. 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 Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, (214) 665–6454, 

fuerst.sherry@epa.gov (Pb SIP); or Alan 

Shar, (214) 665–6691, shar.alan@

epa.gov (cement kilns SIP revision). 

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 December 11, 

2014, proposal (79 FR 73512). In that 

rulemaking action, we proposed to 

approve (1) a September 9, 2011, SIP 

submittal from the State of New Mexico 

pertaining to the implementation, 

maintenance and enforcement of the 

2008 Pb NAAQS and (2) a July 31, 2014, 

SIP submittal removing from the SIP the 

repealed New Mexico cement kilns rule. 

The public comment period for the 

December 11, 2014, proposal (79 FR 

73512) expired on January 12, 2015, and 

we did not receive any comments 

concerning our proposal. Therefore, we 

are finalizing our proposed action. 

II. Final Action 

We are approving the September 9, 

2011, SIP submittal pertaining to 

implementation, maintenance, and 

enforcement of the 2008 Pb NAAQS. We 

are also approving the July 31, 2014, SIP 

submittal which removes the repealed 

New Mexico cement kilns rule (NMAC 

20.2.12—Cement Kilns). 

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 Clean Air 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 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 

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 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 August 10, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purpose 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)). 


Lhorne on DSK2VPTVN1PROD with RULES
33192 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: May 27, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

Therefore, 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: 

■ a. In paragraph (c), the first table titled 

‘‘EPA Approved New Mexico 

Regulations’’ is amended by removing 

the entry ‘‘Part 12, Cement Kilns’’; and 

■ b. In paragraph (e), the second table 

titled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the New Mexico SIP’’ is 

amended by adding an entry at the end 

of the table for ‘‘Infrastructure and 

Transport for the 2008 Pb NAAQS’’. 

The addition reads 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 and Transport for the 

2008 Pb NAAQS.

Statewide (except Bernalillo County) 9/9/2011 June 11, 2015 [Insert Federal Register citation].

[FR Doc. 2015–13954 Filed 6–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0358; FRL–9928–90– 

Region–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Iowa; 

Grain Vacuuming Best Management 

Practices (BMPs) and Rescission 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) for the State 

of Iowa to amend Best Management 

Practices (BMPs) for grain vacuuming 

operations at Group 1 grain elevators. 

Additional revisions to the SIP include 

revised definitions, revised 

requirements for Department forms, and 

rescinding rule requirements and 

references for conditional permits. 

DATES: This direct final rule will be 

effective August 10, 2015, without 

further notice, unless EPA receives 

adverse comment by July 13, 2015. If 

EPA receives adverse comment, we will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0358, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Hamilton.heather@epa.gov 

3. Mail or Hand Delivery: Heather 

Hamilton, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0358. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., 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 form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m. to 4:30 p.m. 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

Hamilton.heather@epa.gov. 


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