36956 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Proposed Rules 

1 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

2Additional information on: The history of SO2, 

its levels, forms and, determination of compliance; 

EPA’s approach for reviewing i-SIPs; the details of 

the SIP submittal and EPA’s evaluation; the effect 

of recent court decisions on i-SIPs; the statute and 

regulatory citations in the New Mexico SIP specific 

to this review; the specific i-SIP applicable CAA 

and EPA regulatory citations; Federal Register 

Notice citations for New Mexico SIP approvals; 

New Mexico’s minor New Source Review program 

and EPA approval activities; and, New Mexico’s 

Prevention of Significant Deterioration (PSD) 

program can be found in the Technical Support 

Document (TSD). 

3A detailed discussion of our evaluation can be 

found in the TSD for this action. The TSD can be 

accessed through www.regulations.gov (e-docket 

EPA–R06–OAR–2014–0205). 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the safety zone is granted by the 

Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or 

designated representative. 

(2) The Coast Guard will provide 

notice of the regulated area by Marine 

Safety Information Bulletins, Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(e) Enforcement Dates. This rule will 

be enforced daily during the effective 

dates: From 4:00 p.m. through 6:45 p.m. 

on September 11, 9:00 a.m. through 7:30 

p.m. on September 12, and 10:00 a.m. 

through 5:45 p.m. on September 13, 

2015. 

Dated: June 17, 2015. 

G.L. Tomasulo, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2015–15934 Filed 6–26–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0205; FRL–9929–68– 

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: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

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). 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: Written comments must be 

received on or before July 29, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R06–OAR–2014–0205, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions. 

• Email: Sherry Fuerst at 

fuerst.sherry@epa.gov. 

• Mail or delivery: Guy Donaldson, 

Chief, Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Deliveries are accepted 

only between the hours of 8 a.m. and 4 

p.m. weekdays, and not on legal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2014– 

0205. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, telephone 214–665–6454, 

fuerst.sherry@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with her or Bill Deese at 

214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

On June 22, 2010, EPA revised the 

primary SO2 NAAQS (hereafter the 2010 

SO2 NAAQS) to establish a new 1-hour 

standard, with a level of 75 parts per 

billion, based on the 3-year average of 

the annual 99th percentile of 1-hour 

daily maximum concentrations (75 FR 

35520). Each state must submit an i-SIP 

within three years after the 

promulgation of a new or revised 

NAAQS. Section 110(a)(2) of the CAA 

includes a list of specific elements the 

i-SIP must meet. EPA issued guidance 

addressing the i-SIP elements for 

NAAQS.1 The Secretary of the New 

Mexico Environmental Department 

(NMED) submitted an i-SIP revision to 

address this revised NAAQS. 

EPA is proposing to approve the New 

Mexico i-SIP submittal for the 2010 SO2

NAAQS.2

II. EPA’s Evaluation of New Mexico’s 

i-SIP Submittal 

Below is a summary of EPA’s 

evaluation of the New Mexico i-SIP for 

each applicable element of 110(a)(2) 

A–M.3 New Mexico provided a 

demonstration of how the existing New 

Mexico SIP met all the requirements of 

the 2010 SO2 NAAQS on February 14, 

2014. This SIP submission became 

complete by operation of law on August 

14, 2014. See CAA section 110(k)(1)(B). 


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4The specific nonattainment area plan 

requirements of section 110(a)(2)(I) are subject to 

the timing requirements of section 172, not the 

timing requirement of section 110(a)(1). Thus, 

section 110(a)(2)(A) does not require that states 

submit regulations or emissions limits specifically 

for attaining the 2010 SO2 NAAQS. Those SIP 

provisions are due as part of each state’s attainment 

plan, and will be addressed separately from the 

requirements of section 110(a)(2)(A). In the context 

of an infrastructure SIP, EPA is not evaluating the 

existing SIP provisions for this purpose. Instead, 

EPA is only evaluating whether the state’s SIP has 

basic structural provisions for the implementation 

of the NAAQS. 

5https://www.law.cornell.edu/cfr/text/40/

52.1620. 

6A copy of the 2014 Annual Air Monitoring 

Network Plan and EPA’s approval letter are 

included in the docket for this proposed 

rulemaking. 

7A copy of the 2010 5-year ambient monitoring 

network assessment and EPA’s approval letter are 

included in the docket for this proposed 

rulemaking. 

8See http://air.nmenv.state.nm.us. 

9As discussed in further detail in the TSD. 

10EPA is not proposing to approve or disapprove 

New Mexico’s existing minor NSR program to the 

extent that it may be inconsistent with EPA’s 

regulations governing this program. EPA has 

maintained that the CAA does not require that new 

infrastructure SIP submissions correct any defects 

in existing EPA-approved provisions of minor NSR 

programs in order for EPA to approve the 

infrastructure SIP for element C (e.g., 76 FR 41076– 

41079, July 13, 2011). EPA believes that a number 

of states may have minor NSR provisions that are 

contrary to the existing EPA regulations for this 

program. The statutory requirements of section 

110(a)(2)(C) provide for considerable flexibility in 

designing minor NSR programs. 

11As discussed further in the TSD. 

(A) Emission limits and other control 

measures: The SIP must include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance and other 

related matters as needed to implement, 

maintain and enforce each of the 

NAAQS.4 New Mexico’s Environmental 

Improvement Act (EIA) and Air Quality 

Control Act (AQCA) provide the 

Secretary, the NMED and the New 

Mexico Environmental Improvement 

Board (EIB) with broad legal authority. 

They can adopt emission standards and 

compliance schedules applicable to 

regulated entities; emission standards 

and limitations and any other measures 

necessary for attainment and 

maintenance of national standards; and, 

enforce applicable laws, regulations, 

standards and compliance schedules, 

and seek injunctive relief. This 

authority has been employed to adopt 

and submit multiple revisions to the 

New Mexico State Implementation Plan. 

The approved SIP for New Mexico is 

documented at 40 CFR part 52.1620, 

subpart GG.5

(B) Ambient air quality monitoring/

data system: The SIP must provide for 

establishment and implementation of 

ambient air quality monitors, collection 

and analysis of monitoring data, and 

providing the data to EPA upon request. 

The AQCA provides the authority 

allowing EIB and NMED to collect air 

monitoring data, quality-assure the 

results, and report the data. New Mexico 

maintains and operates a SO2 network 

to measure ambient levels. All 

monitoring data is measured using EPA 

approved methods and subject to the 

EPA quality assurance requirements. 

NMED submits all required data to EPA, 

following the EPA rules. The statewide 

network was approved into the SIP and 

it undergoes recurrent annual review by 

EPA.6 In addition, NMED conducts a 

recurrent assessment of its monitoring 

network every five years, which 

includes an evaluation of the need to 

conduct ambient monitoring for SO2, as 

required by EPA rules. The most recent 

of these 5-year monitoring network 

assessments was conducted by NMED 

and approved by EPA.7 The NMED Web 

site provides the monitor locations and 

posts past and current concentrations of 

criteria pollutants measured in the 

State’s network of monitors.8

(C) Program for enforcement: The SIP 

must include the following three 

elements: (1) A program providing for 

enforcement of the measure in 

paragraph A above; (2) a program for the 

regulation of the modification and 

construction of stationary sources as 

necessary to protect the applicable 

NAAQS (i.e., state-wide permitting of 

minor sources); and (3) a permit 

program to meet the major source 

permitting requirements of the CAA (for 

areas designated as attainment or 

unclassifiable for the NAAQS in 

question).9

(1) Enforcement of SIP Measures. As 

noted in (A), the state statutes provide 

authority for the Secretary, EIB and the 

NMED to enforce the requirements of 

the AQCA, and any regulations, permits, 

or final compliance orders. Its statutes 

also provide the Secretary, the NMED 

and the EIB with general enforcement 

powers. Among other things, they can 

file lawsuits to compel compliance with 

the statutes and regulations; commence 

civil actions; issue field citations; 

conduct investigations of regulated 

entities; collect criminal and civil 

penalties; develop and enforce rules and 

standards related to protection of air 

quality; issue compliance orders; pursue 

criminal prosecutions; investigate, enter 

into remediation agreements; and issue 

emergency cease and desist orders. The 

AQAC also provides additional 

enforcement authorities and funding 

mechanisms. 

(2) Minor New Source Review (NSR). 

The SIP is required to include measures 

to regulate construction and 

modification of stationary sources to 

protect the NAAQS. New Mexico’s 

minor NSR permitting requirements are 

approved as part of the SIP.10

(3) Prevention of Significant 

Deterioration (PSD) permit program. 

New Mexico’s PSD portion of the SIP 

covers all NSR regulated pollutants as 

well as the requirements for the 2010 

SO2 NAAQS and has been approved by 

EPA.11

(D) Interstate and international 

transport: There are four requirements 

the SIP must include relating to 

interstate transport. These four 

requirements are referred to as prongs 1 

through 4. Prongs 1 and 2 require 

adequate provisions prohibiting any 

source or other type of emissions 

activity in one state from contributing 

significantly to nonattainment, or 

interfering with maintenance, of any 

NAAQS in another state. Prong 3 and 4 

prohibit interfering with measures 

required of any other state to prevent 

significant deterioration of air quality or 

to protect visibility. In addition, States 

must comply with requirements to 

prevent transport of international air 

pollution. 

New Mexico did not address Prongs 1 

and 2 in this submission. EPA intends 

to develop guidance and additional 

information for the states to address 

these requirements. We expect that New 

Mexico will make a SIP submittal for 

prongs 1 and 2 at a later time. 

The necessary provisions for prong 3 

are contained in the PSD portion of the 

SIP. The prong 4 requirement was met 

by our approval of the regional haze and 

visibility component of the SIP. 

New Mexico’s SIP includes provisions 

that satisfy the CAA interstate pollution 

abatement requirements prongs 3 and 4. 

There are no final findings by EPA that 

New Mexico air emissions affect other 

countries. Therefore, New Mexico has 

no international obligations. If EPA 

makes such a finding, NMED will 

consult with EPA. 

(E) Adequate authority, resources, 

implementation, and oversight: The SIP 

must provide for the following: (1) 

Necessary assurances that the state (and 

other entities within the state 

responsible for implementing the SIP) 

will have adequate personnel, funding, 

and authority under state or local law to 

implement the SIP, and that there are no 

legal impediments to such 

implementation; (2) requirements 

relating to state boards; and (3) 

necessary assurances that the state has 

responsibility for ensuring adequate 

implementation of any plan provision 

for which it relies on local governments 


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12Albuquerque/Bernalillo County SIP http://

yosemite.epa.gov/r6/Sip0304.nsf/home!Open

View&Start=1&Count=30&Collapse=4.4#4.4 or 

https://www.law.cornell.edu/cfr/text/40/52.1620. 

13This infrastructure SIP rulemaking will not 

address the New Mexico program for provisions 

related to nonattainment areas, since EPA considers 

evaluation of these provisions to be outside the 

scope of infrastructure SIP actions. 

or other entities to carry out that portion 

of the plan. 

Both elements A and E address the 

requirement that there is adequate 

authority to implement and enforce the 

SIP and that there are no legal 

impediments. 

This i-SIP submission for the 2010 

SO2 NAAQS describes the SIP 

regulations governing the various 

functions of personnel within the EIB 

and NMED, including the 

administrative, technical support, 

planning, enforcement, and permitting 

functions of the program. 

With respect to funding, the AQCA 

requires NMED to establish an 

emissions fee schedule for sources in 

order to fund the reasonable costs of 

administering various air pollution 

control programs and authorizes NMED 

to collect additional fees necessary to 

cover reasonable costs associated with 

processing of air permit applications. 

EPA conducts periodic program reviews 

to ensure that the state has adequate 

resources and funding to among other 

things implement and enforce the SIP. 

As required by the CAA, the EIA and 

the SIP stipulate that any board or body, 

which approves permits or enforcement 

orders, must have at least a majority of 

members who represent the public 

interest and do not derive any 

‘‘significant portion’’ of their income 

from persons subject to permits and 

enforcement orders or who appear 

before the board on issues related to the 

CAA or AQCA. The members of the 

board or body, or the head of an agency 

with similar powers, are required to 

adequately disclose any potential 

conflicts of interest. 

With respect to assurances that the 

State has responsibility to implement 

the SIP adequately when it authorizes 

local or other agencies to carry out 

portions of the plan, the EIA and the 

AQCA designate the NMED as the 

primary air pollution control agency. 

The statutes allow for local agencies to 

carry out some or all of the Act’s 

responsibilities. 

There is one local air quality control 

agency, the Albuquerque/Bernalillo 

County Air Quality Control Board, 

which assumes jurisdiction for local 

administration and enforcement of the 

AQCA in Bernalillo County. There are 

Albuquerque/Bernalillo County SIP 

provisions which are part of the New 

Mexico SIP.12

(F) Stationary source monitoring 

system: The SIP requires the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from sources. The 

SIP shall also require periodic reports 

on the nature and amounts of emissions 

and emissions-related data from 

sources, and require that the state 

correlate the source reports with 

emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 

The AQCA authorizes the NMED to 

require persons engaged in operations 

which result in air pollution to monitor 

or test emissions and to file reports 

containing information relating to the 

nature and amount of emissions. There 

also are SIP state regulations pertaining 

to sampling and testing and 

requirements for reporting of emissions 

inventories. In addition, SIP rules 

establish general requirements for 

maintaining records and reporting 

emissions. 

The NMED uses this information, in 

addition to information obtained from 

other sources, to track progress towards 

maintaining the NAAQS, developing 

control and maintenance strategies, 

identifying sources and general 

emission levels, and determining 

compliance with SIP regulations and 

additional EPA requirements. The SIP 

requires this information be made 

available to the public. Provisions 

concerning the handling of confidential 

data and proprietary business 

information are included in the SIP’s 

regulations. These rules specifically 

exclude from confidential treatment any 

records concerning the nature and 

amount of emissions reported by 

sources. 

(G) Emergency authority: The SIP 

must provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health or welfare or the environment 

and to include contingency plans to 

implement such authorities as 

necessary. 

The AQCA provides NMED with 

authority to address environmental 

emergencies, and NMED has 

contingency plans to implement 

emergency episode provisions. 

Upon a finding that any owner/

operator is unreasonably affecting the 

public health, safety or welfare, or the 

health of animal or plant life, or 

property, AQCA authorizes NMED to, 

after a reasonable attempt to give notice, 

declare a state of emergency and issue 

without hearing an emergency special 

order directing the owner/operator to 

cease such pollution immediately. 

The New Mexico ‘‘Air Pollution 

Episode Contingency Plan for New 

Mexico,’’ is part of the SIP. However, 

because of the low levels of SO2

emissions monitored statewide, New 

Mexico is not required to have 

contingency plans for this revised 

NAAQS. However, to provide additional 

protection, the State has general 

emergency powers to address any 

possible dangerous SO2 episode if 

necessary to protect the environment 

and public health. 

(H) Future SIP revisions: States must 

have the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate to attain the 

NAAQS. 

The AQCA requires the NMED to 

revise its SIP, as necessary, to account 

for revisions of the NAAQS, new 

NAAQS, to attain and maintain the 

NAAQS, to abate air pollution, to adopt 

more effective methods of attaining the 

NAAQS, and to respond to EPA SIP 

calls. 

(I) Nonattainment areas: New Mexico 

presently does not have any nonattainment areas for SO2 and EPA 

believes that nonattainment area 

requirements should be treated 

separately from the i-SIP 

requirements.13 If necessary, EPA will 

take action through a separate 

rulemaking process on the nonattainment area requirements. 

(J) Consultation with government 

officials, public notification, PSD and 

visibility protection: The SIP must meet 

the following three requirements: (1) 

Relating to interagency consultation 

regarding certain CAA requirements; (2) 

relating to public notification of NAAQS 

exceedances and related issues; and, (3) 

prevention of significant deterioration of 

air quality and visibility protection. 

(1) Interagency consultation: As 

required by the AQCA, there must be a 

public hearing before the adoption of 

any regulations or emission control 

requirements and all interested persons 

are given a reasonable opportunity to 

submit data, view, or arguments orally 

or in writing and to examine witnesses 

testifying at the hearing. In addition, the 

AQAC provides the NMED the power 

and duty to ‘‘advise, consult, contract 


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with and cooperate with local 

authorities, other states, the federal 

government and other interested 

persons or groups in regard to matters 

of common interest in the field of air 

quality control . . .’’. Furthermore, New 

Mexico’s PSD SIP rules mandate that 

the NMED shall provide for public 

participation and notification regarding 

permitting applications to any other 

state or local air pollution control 

agencies, local government officials of 

the city or county where the source will 

be located, tribal authorities, and 

Federal Land Managers (FLMs) whose 

lands may be affected by emissions from 

the source or modification. 

Additionally, the State’s PSD SIP rules 

require the NMED to consult with FLMs 

regarding permit applications for 

sources with the potential to impact 

Class I Federal Areas. The SIP also 

includes a commitment to consult 

continually with the FLMs on the 

review and implementation of the 

visibility program, and the State 

recognizes the expertise of the FLMs in 

monitoring and new source review 

applicability analyses for visibility and 

has agreed to notify the FLMs of any 

advance notification or early 

consultation with a major new or 

modifying source prior to the 

submission of the permit application. 

The State’s Transportation Conformity 

SIP rules provide procedures for 

interagency consultation, resolution of 

conflicts, and public notification. 

(2) Public Notification: The i-SIP 

provides the SIP regulatory citations 

requiring the NMED to regularly notify 

the public of instances or areas in which 

any NAAQS are exceeded. Included in 

the SIP are the rules for NMED to advise 

the public of the health hazard 

associated with such exceedances; and 

enhance public awareness of measures 

that can prevent such exceedances and 

of ways in which the public can 

participate in the regulatory and other 

efforts to improve air quality. In 

addition, as discussed for infrastructure 

element B above, the NMED air 

monitoring Web site provides live air 

quality data for each of the monitoring 

stations in New Mexico.8 The Web site 

also provides information on the health 

effects of ozone, particulate matter, and 

other criteria pollutants. 

(3) PSD and Visibility Protection: The 

PSD requirements here are the same as 

those addressed under (C). The New 

Mexico SIP requirements relating to 

visibility and regional haze are not 

affected when EPA establishes or revises 

a NAAQS. Therefore, EPA believes that 

there are no new visibility protection 

requirements due to the revision of the 

NAAQS, and consequently there are no 

newly applicable visibility protection 

obligations pursuant to infrastructure 

element J after the promulgation of a 

new or revised NAAQS. 

(K) Air quality and modeling/data: 

The SIP must provide for performing air 

quality modeling, as prescribed by EPA, 

to predict the effects on ambient air 

quality of any emissions of any NAAQS 

pollutant, and for submission of such 

data to EPA upon request. 

The NMED has the power and duty, 

under the AQCA to investigate and 

develop facts providing for the 

functions of environmental air quality 

assessment. Past modeling and 

emissions reductions measures have 

been submitted by the State and 

approved into the SIP. Additionally, 

New Mexico has the ability to perform 

modeling for the primary and secondary 

SO2 standards and other criteria 

pollutant NAAQS on a case-by-case 

permit basis consistent with their SIPapproved PSD rules and with EPA 

guidance. 

The New Mexico AQCA authorizes 

and requires NMED to cooperate with 

the federal government and local 

authorities concerning matters of 

common interest in the field of air 

quality control, thereby allowing the 

agency to make such submissions to the 

EPA. 

(L) Permitting Fees: The SIP must 

require each major stationary source to 

pay permitting fees to the permitting 

authority, as a condition of any permit 

required under the CAA, to cover the 

cost of reviewing and acting upon any 

application for such a permit, and, if the 

permit is issued, the costs of 

implementing and enforcing the terms 

of the permit. The fee requirement 

applies until a fee program established 

by the state pursuant to Title V of the 

CAA, relating to operating permits, is 

approved by EPA. 

See element (E) above for the 

description of the mandatory collection 

of permitting fees outlined in the SIP. 

(M) Consultation/participation by 

affected local entities: The SIP must 

provide for consultation and 

participation by local political 

subdivisions affected by the SIP. 

See element J (1) and (2) for a 

discussion of the SIP’s public 

participation process, the authority to 

advise and consult, and the PSD SIP’s 

public participation requirements. 

Additionally, the AQCA also requires 

initiation of cooperative action between 

local authorities and the NMED, 

between one local authority and 

another, or among any combination of 

local authorities and the NMED for 

control of air pollution in areas having 

related air pollution problems that 

overlap the boundaries of political 

subdivisions, and entering into 

agreements and compacts with 

adjoining states and Indian tribes, where 

appropriate. NMED has a long history of 

successful cooperation with the local air 

quality authority in Albuquerque/

Bernalillo County and tribal 

governments. The transportation 

conformity component of New Mexico’s 

SIP requires that interagency 

consultation and opportunity for public 

involvement be provided before making 

transportation conformity 

determinations and before adopting 

applicable SIP revisions on 

transportation-related issues. 

III. Proposed Action 

EPA is proposing to approve 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. Specifically, 

EPA is proposing to approve the 

following infrastructure elements, or 

portions thereof: 110(a)(2)(A), (B), (C), 

(D), (E), (F), (G), (H), (J), (K), (L), and 

(M). EPA is not proposing action on 

section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions, nor on the 

visibility protection portion of section 

110(a)(2)(J) as EPA believes these 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 

otherwise noted) to ensure that the 2010 

SO2 NAAQS are implemented in the 

state. 

IV. 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 


Lhorne on DSK7TPTVN1PROD with PROPOSALS
36960 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Proposed Rules 

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). 

EPA is not proposing to approve this 

infrastructure SIP certification 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, this proposed approval of an 

infrastructure SIP certification 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide reporting and 

recordkeeping requirements. 

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

Dated: June 18, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–15911 Filed 6–26–15; 8:45 am] 

BILLING CODE 6560–50–P 


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