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[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Rules and Regulations]
[Pages 34835-34837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13948]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0938; FRL-9928-79-Region 6]

Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Transportation Conformity and Conformity of General Federal 
Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Federal Clean Air Act (Act), the Environmental 
Protection Agency (EPA) is approving revisions to the New Mexico State 
Implementation Plan (SIP). These revisions update the transportation 
conformity rules and remove the general conformity provisions.

DATES: This rule is effective on July 20, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2011-0938. 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 
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley (6PD-L), telephone: 
(214) 665-8542, email: riley.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The background for this action is discussed in detail in our 
February 10, 2015 direct final rule and proposal (80 FR 7341). The rule 
and proposal stated that if any relevant adverse comments were received 
by the end of the public comment period, the direct final rule would be 
withdrawn and we would respond to the comments in a subsequent final 
action. A relevant adverse comment was received during the comment 
period, and the direct final rule was withdrawn on April 8, 2015 (80 FR 
19020). Our proposal provides the basis for this final action. These 
revisions amend the transportation conformity SIP provisions and remove 
the general conformity provisions from the SIP, as allowed by the Act's 
2005 amendments. These revisions also address interagency consultation 
and enforceability of certain transportation-related control measures 
and mitigation measures.
    We received one comment on the direct final rule by one commenter, 
Sierra Club. The comment and our response to the comment is below.

II. Response to Comments

    Comment: ``Acting regional administrator Sam Coleman cannot sign 
approvals, disapprovals, or any combination of approvals or 
disapproval, in whole or in part, due to the fact that agency actions 
on state implementation plans are required to be signed by the regional 
administrator, Ron Curry, not the current deputy regional administrator 
as stated in the agency's delegations manual. The manual specifically 
states that SIP actions can't be redelegated from the regional 
administrator.''
    Response: As the Acting Regional Administrator, Deputy Regional 
Administrator Sam Coleman had authority to sign the proposal and direct 
final action on the SIP revisions. On January 28, 2015, the day that 
the proposal and direct final action were signed, Sam Coleman was 
acting in the capacity of the Regional Administrator for Ron Curry, who 
was absent from Region 6 at the time. The following language is listed 
in the Region 6 Deputy Regional Administrator's position description 
``In the absence of the Regional Administrator, the Deputy Regional 
Administrator will perform the duties of the Regional Administrator.'' 
Further, EPA Region 6 Order 1110.11 establishes a line of succession to 
perform the duties of the Regional Administrator should the Regional 
Administrator be absent from the office. The Deputy Regional 
Administrator is the first person listed on that line of succession. 
Copies of the two documents are included in the docket for this 
rulemaking. Finally, the heads of administrative agencies are 
statutorily vested with the authority to delegate authorities to 
subordinate officials, 5 U.S.C. 302. Federal Courts have held that 
rules, including internal delegations and appointments of authority are 
effective regardless of publication in the Federal Register or the Code 
of Federal Regulations.
    The comment only challenged the Deputy Regional Administrator's 
authority to sign the Direct Final Action. EPA received no other 
comments or challenges as to the substance of the proposal or direct 
final. Therefore, we are finalizing our action to approve these SIP 
amendments.

III. Final Action

    Pursuant to sections 110 and 176 of the Act, EPA is approving three 
revisions to the New Mexico SIP that were submitted on October 28, 
2011, November 1, 2013, and August 8, 2014. We evaluated the state's 
submittals and determined that they meet the applicable requirements of 
the CAA sections 110 and 176 and applicable EPA guidance. In accordance 
with CAA section 110(l), these revisions will not interfere with 
attainment of the NAAQS, reasonable further progress, or any other 
applicable requirement of the CAA.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the New Mexico regulations as described in the Final 
Action section above. We have made, and will continue to make, these 
documents generally

[[Page 34836]]

available electronically through www.regulations.gov and/or in hard 
copy at the EPA Region 6 office.

V. 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 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 proposes to approve 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).

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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 rule 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 August 17, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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: 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

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. In Sec.  52.1620, the first table in paragraph (c) entitled ``EPA 
Approved New Mexico Regulations'' is amended by:
0
a. Removing the entry for ``Part 98, General Conformity'';
0
b. Revising the entries for ``20.2.99.1'' through ``20.2.99.8'';
0
c. Removing the entry for ``20.2.99.9 to 20.2.99.100'';
0
d. Revising the entries for ``20.2.99.101'' through ``20.2.99.112'';
0
e. Removing the entries for ``20.2.99.113'' through ``20.2.99.154''.
    The revisions read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
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                                                         State approval/
          State citation               Title/Subject        effective      EPA Approval date        Comments
                                                              date
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                                                  * * * * * * *
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                                       Part 99--Transportation Conformity
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20.2.99.1........................  Issuing Agency......       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.2........................  Scope...............       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].

[[Page 34837]]

 
20.2.99.3........................  Statutory Authority.       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.4........................  Duration............       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.5........................  Effective Date......       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.6........................  Objective...........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.7........................  Definitions.........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.8........................  Documents...........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.101......................  Applicability.......       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.102......................  Consultation........       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
20.2.99.103......................  Agency Roles in            7/11/2014  6/18/2015 [Insert     .................
                                    Consultation.                         Federal Register
                                                                          Citation].
20.2.99.104......................  Agency                     7/11/2014  6/18/2015 [Insert     .................
                                    Responsibilities in                   Federal Register
                                    Consultation.                         Citation].
20.2.99.105......................  General Consultation       7/11/2014  6/18/2015 [Insert     .................
                                    Procedures.                           Federal Register
                                                                          Citation].
20.2.99.106......................  Consultation               7/11/2014  6/18/2015 [Insert     .................
                                    Procedures for                        Federal Register
                                    Specific Major                        Citation].
                                    Activities.
20.2.99.107......................  Consultation               7/11/2014  6/18/2015 [Insert     .................
                                    Procedures for                        Federal Register
                                    Specific Routine                      Citation].
                                    Activities.
20.2.99.108......................  Notification               7/11/2014  6/18/2015 [Insert     .................
                                    Procedures for                        Federal Register
                                    Routine Activities.                   Citation].
20.2.99.109......................  Conflict Resolution        7/11/2014  6/18/2015 [Insert     .................
                                    and Appeals to the                    Federal Register
                                    Governor.                             Citation].
20.2.99.110......................  Public Consultation        7/11/2014  6/18/2015 [Insert     .................
                                    Procedures.                           Federal Register
                                                                          Citation].
20.2.99.111......................  Enforceability of          7/11/2014  6/18/2015 [Insert     .................
                                    Design Concept and                    Federal Register
                                    Scope and Project-                    Citation].
                                    Level Mitigation
                                    and Control
                                    Measures.
20.2.99.112......................  Savings Provision...       7/11/2014  6/18/2015 [Insert     .................
                                                                          Federal Register
                                                                          Citation].
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[FR Doc. 2015-13948 Filed 6-17-15; 8:45 am]
BILLING CODE 6560-50-P
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