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ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-0AR-2005-NM-0009; FRL - ] Approval and Promulgation ofAir Quality Implementation Plans; New Mexico; Revisions to Emissions Inventory Reporting Requirements, and General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACfION: Direct final rule.

SUMMARY: The EPA is taking direct final action to approve revisions to the New Mexico State Implementation Plan (SIP). These revisions concern two separate actions. First, we are approving revisions to regulations on Emission Inventories (EIs) submitted by stationary sources ofair pollutants. EIs are critical for the efforts ofstate, local, and federal agencies to attain and maintain the National Ambient Air Quality Standards (NAAQS) that EPA has established for criteria pollutants such as ozone, particulate matter, and carbon monoxide. The revisions add new definitions; modify existing definitions; and require stationary sources ofair pollutants located in New Mexico outside ofBernalillo County to report emissions location information, . PM2.

### semissions, and ammonia emissions to New Mexico EnvironmentDepartment (NMED).

The revisions also allow NMED to require speciation ofhazardous air pollutants for emissions reporting. Second, we are approving revisions to the New Mexico Administrative Code2 

### (NMAC),20.2.1 NMAC - General Provisions. We are adding a new definition for Significant Figuresinto the New Mexico SIP. The EPA is approvingthese two actions pursuantto section 110ofthe Federal Clean Air Act (CAA, Act).

DATES: This direct final rule will be effective [Insert date 60 days from date ofpublication in the Federal Register] without further notice unless EPA receives adverse comments by [Insert date 30 days' from date ofpublication in the Federal Register]. If

### adverse comments are received, EPA will publish a timely withdrawalofthe direct final rule in the Federal Register informingthe public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No EPA-R06-0AR-2005-NM0009, by oneofthe followingmethods: • Federal e-RulemakingPortal: http://www.regulations.gov. • Follow the online instructions for submittingcomments. • EPA Region 6 "Contact Us" Web site: 

### http://epa.gov/region6/r6coment.htm. Please click on "6PD (Multimedia)" and select"Air" 

### before submittingcomments. • E-mail: Mr. Guy Donaldson at

### donaldson.guy@epa.gov. Please also send a copy by e-mail to the person listed in the FORFURTHERINFORMATION CONTACT section below. • Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number 214- 665-7263.3 • Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.

• Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special arrangements should be made for deliveries ofboxed information. 

### Instructions: Directyour comments to Docket No. EPA-R06-0AR-2005-NM-0009.'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 restrictedby statute. Do not submit informationthat you considerto be CBI or otherwise protected through www.regulations.gov or e-mail. The 

### www.regulations.govweb site is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body ofyour comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address will be automatically captured and included as part ofthe comment

### that is placed in the public docket and made available onthe Internet. Ifyou submit an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment and with any diskor CD-ROM you submit. IfEPA cannotread your comment due to technical difficulties'and cannot contact you for clarification, EPA may not be able to consider

### 4 your comment. Electronic files should avoid the use ofspecial characters, any form of encryption, and 

### befree ofany 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, 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 eitherelectronically in 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. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contactthe person listed in the 

### FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an appointment. Ifpossible, please make the appointment at least two working days in advance ofyour visit. There will be a 15 centper page fee for making photocopies ofdocuments. Onthe day ofthe visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The state submittal is also available for public inspection during official business hours, by appointment, at the NMED, Air Quality Bureau, 1301 Siler Road, Building B, Santa Fe, New Mexico 87507.



### FORFURTHERINFORMATION CONTACT: Mr. Emad Shahin for Emission Inventory inquiries, Air Planning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross5 Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; fax number 214-665- 7263; e-mail address 

### shahin.emad@epa.gov, and 

### Mr. Alan Shar for General Provisions inquiries, Air Planning Section (6PD-L), telephone 214-665-6691; fax number 214-665-7263; e-mail address 

### shar.alan@epa.gov. SUPPLEMENTARY INFORMATION Throughout this document ''we'', "us", or "our" refer to EPA. 

### Outline I. What Actions Are We Taking? ll.What 

### Is a SIP? 1lI.What Is the Background for These Actions? 

### N. What Is EPA's Evaluation ofThese Revisions? V. Final Action VI. Statutory and Executive OrderReviews



### I. What Actions Are We Taking? A. Emission Inventories We are approving revisions to the New Mexico SIP submitted by the State to meet the EI requirements ofthe CAA. The revisions were submitted to EPA Region 6 on April 11, 2002, December 3, 2003, and April 25, 2005. The revisions to part 20.2.73 NMAC (Notice ofIntent and Emissions Inventory Requirements) aliowNMED to meet EPA's Air Emissions Reporting Requirements (40 CFR 51,

### 6 Subpart A). In addition, the revisions will allow the NMED to collect more specific data regarding Hazardous Air Pollutants. We are approving these SIP revisions pursuantto section 110 ofthe CAA. The reporting ofemissions and emissions-related data will help NMED to attain and maintainthe NAAQS. See Chapter A ofthe TSD for more information. 

### B. General Provisions We received a SIP submittal package, with a letter dated April 8, 2010 from the Governor ofNew Mexico on behalfofthe NMED, concerningNMAC, Title 20 Environment Protection, Chapter 2 Air Quality, Part 1 General Provisions (20.2.1 NMAC

- General Provisions). This submittal revises the New Mexico SIP by adding a new section 20.2.1.116 SignificantFigures to the existing state rule 20.2.1 NMAC

- General Provisions. Adopting 20.2.1.116 Significant Figures should facilitate calculating air emissions and determining compliance with an emission standard. We are approving this SIP revision pursuantto section 110 ofthe Act. C. EPA's Action EPA is publishing this rule without priorproposal because we view this as a noncontroversial amendment and anticipate no relevant adverse comments. However, in the proposed rules section ofthis Federal Registerpublication, we are publishing a separate documentthatwill serve as the proposal to approve the SIP revision ifrelevant adverse comments are received. This rule will be effective on [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication in the Federal Register] without further notice unless we receive relevant adverse commentby [FEDERAL REGISTER OFFICE: insert date 30 days from date ofpublication in the Federal Register]. Ifwe receive relevant adverse

### 7 comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will nottake effect. We will then address all public comments in a subsequent final rule based on the proposed rule. However, we will not institute a second commentperiod on this action. Any parties interested in commenting must do so now. Please note that ifwe receive adverse comment on an amendment, paragraph, or section ofthis rule and ifthat provision may be severed from the remainder ofthe rule, we may adopt as final those provisions ofthe rule that are not the subject ofan adverse comment. Further, in accordance with a Consent Decree, we will finalize our action on

### the Emissions Inventory portion ofthis SIP revision no later than January 2, 2011 1•



### II. What Is a SIP? Section 110 ofthe CAA requires states 

### to develop air pollution regulations and control strategies to ensure that air quality meets the NAAQS established by EPA. NAAQS are established under section 109 ofthe CAA, and currently address six criteriapollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. The SIP is a set ofair pollution regulations, control strategies, other means or techniques, and technical analyses developed by the state, to ensure that the state meets the NAAQS. The SIP is required by section 110 and otherprovisions ofthe CAA. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emissions inventories, monitoring networks, and modeling demonstrations. Each state must
l. Notice ofProposed Settlement Agreement and ConsentDecree, 75 FR 11886, March 12,2010, and www.regulations.gov, docketNo. EPA-HQ-OGC-201 0-0221

### 8 submitthese regulations and control strategies to EPA for approval and incorporation into the federally-enforceable SIP. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point oforigin.



### III. What Is the Background ofThese Actions? 

### A. Emission Inventory Emissions inventories are surveys ofactual andJor allowable emissions ofair pollutants in
an area Emissions inventories are critical for the efforts ofstate, local, and federal agencies to attain and maintainthe NAAQS that EPA has established for criteriapollutants such as ozone, particulate matter, and carbon monoxide. States use emissions inventories submitted by stationary sources in developing the inventories required by the Clean Air Act. In 2005, New Mexico revised its SIP for 

### air quality to amend the State regulations on emissions inventories submittedby stationary sources ofair pollutants. The principal statutory authority for emissions inventory reporting requirements is found in section 110(a)(2)(F) ofthe Act, which provides that SIPs must require periodic reports on the nature and amounts ofemissions and emissions-related data as may be prescribedby the EPA Administrator. On April 11, 2002 New Mexico submitted to EPA a SIP revision that included an amendment to the NMAC regulation 20.2.73, Notice ofIntent and Emission Inventory Requirements, Section 7, Definitions, which revisedthe definition of"Potential Emission Rate". On December 1, 2003 submitted anotherrevision to the SIP that added three new definitions to Section 7, andrevised Section 20.2.73.300, Emission Inventory Requirements, to require

### 9 smelters to submit an annual report ofsulfur input in tons per year, and added emission tracking requirements for sulfurdioxide emission inventories. In July 2004 NMED proposed to revise the State's regulations on emissions inventories. On April 25, 2005 New Mexico submitted SIP revisions that required sources to report emissions location information, PM 2.5 and ammonia emissions, and allowedNMED to require reporting ofspeciatedhazardous 

### airpollutants.



### B. General Provisions The purpose ofthe General Revisions (20.2.1 NMAC) is to establish general requirements which apply to all parts ofChapter 2 (20.2.1 through 20.2.99 NMAC). We received a request to review and approve a revision to the General Provisions (20.2.1 NMAC) with a letter dated April 8, 2010. This submittal revises the New Mexico SIP by adding a new section, 20.2.1.116

- SignificantFigures, to the existing state rule 20.2.1 NMAC

- General Provisions. The previous version ofthe 20.2.1 NMAC

- General Provisions was approved by EPA on September 26, 1997 (62 FR 50518) at 52. 1620(c)(66) effective November 25, 1997. We
are approving this revision to the 20.2.1 NMAC

- General Provisions as a direct fmal action.



### IV. What is EPA's Evaluation of These Revisions? A. Emission Inventories New Mexico submittedrevisions to 20.2.73 NMAC for inclusion into the SIP that amend requirements on emissions inventories submittedby stationary sources of

### airpollutants located in New Mexico outside ofBemalillo County. The emissions inventory requirements for stationary

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sources ofair pollutants were revised to (1) include reporting on emissions location information, PM2.5 emissions, and ammonia emissions; and 

### (2) allow NMED to require speciation of hazardous air pollutants for emissions reporting. In 2002, EPA issued the consolidated emissions reporting rule (CERR), (June 10, 2002 Federal Register, 67 FR 39602). The rule consolidated the various emissions reporting requirements that already existinto one place in the CFR, established new reporting requirements related to particulate matter less than or equal to 2.5 microns (PM2.S) and regional haze, and established new requirements for the statewide reporting ofarea source and mobile source emissions. On December 17, 2008, EPA issued the Air Emissions Reporting Rule (73 FR 76539) which revised the emissions reporting requirements. The requirements can be found at 40 CFR 51 SubpartA. We have evaluated the State's submittal and have determined that the revisions meetthe applicable requirements ofthe CAA and EPA's regulations. For more information on our evaluation, please see our Technical Support Document found in the electronic docket at www.regulations.gov. Approval ofthese revisions will make New Mexico's emission inventory requirements consistent with EPA's Air Emissions Reporting Requirements and will make EPA's approved SIP consistent with the State's rules. H. General Provisions The revision 

### to 20.2.1 NMAC

- General Provisions, adds a new section 116, which sets forth the procedure to properly round significantdigits in an air emission calculation, and its reporting to the NMED. These significant figures procedures will clarify any confusion with regards to emission calculations and reporting ofthe values. Section 116 adopts the same11 significantfigures procedures described in EPA's June 6, 1990Memorandum, from William G. Laxton, Technical Support Division Director to John S. Seitz, Stationary Source Compliance Division Director, entitled "Performance Test Calculation Guidelines:" A copy ofthis guidance document is available in the EPA docket No. EPA-R06-0AR-2005-NM-0009 for public inspection and review. These significant figures procedures will assist the sources in properly reporting air emissions, and assist the NMED's personnel 

### in determining sources' compliance with applicable emissions limitations. This section should facilitate enforcement ofthe rules, and enhance the New Mexico SIP.


# v. Final Action Today we are approving revisions to two portions ofthe New Mexico SIP. First, we are approving revisions to regulations on Els submitted by stationary sources ofair pollutants, 

### in three SIP revisions submitted on April 11, 2002, December 1,2003, and April 25, 2005. The revisions add new definitions, modify existing definitions, and require stationary sources ofair pollutants located 

### in New Mexico outside ofBernalillo County to report emissions locationto NMED. The revisions also allowNMED to require speciation ofhazardous air pollutants for purposes ofreporting. Second, we are approving revisions to the 20.2.1 NMAC - General Provisions. We are also adding a new definition for Significant Figures into the New Mexico SIP, a revision that was submitted on April 8, 2010. EPA is approving these two actions pursuantto section 110 ofthe Act.



### VI. Statutory and Executive OrderReviews!12 Under the Clean Air Act, the Administrator is required to approve a SIP submissionthat complies with the 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 is to approve state choices, provided thatthey meet the criteria ofthe 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. Forthatreason, this action: • Is not a "significantregulatory action" subjectto review by the Office ofManagement and Budgetunder Executive Order 12866 (58 FR 51735, October4, 1993); • Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significanteconomic impact on a substantial numberofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does notcontain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 subjectto Executive Order 13045 (62FR 19885, April 23, 1997); • Is not a significantregulatory action subjectto Executive Order 13211 (66 FR 28355, May 22,2001);13 • Is not subjectto requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with the Clean Air Act; • Does not provide EPA withthe discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, underExecutive Order 12898 (59 FR 7629, February 16, 1994); • 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 preempttribal law; and • Is not a ''major rule" as defined

### by 5 U.S.C. 804(2) underthe Congressional Review Act, 5 U.S.C. 801 

### et seq., added by the Small Business Regulatory EnforcementFairness Act of 1996. A major rule cannottake effectuntil 60 days after it is published 

### in the 

### Federal Register. This action is not a "majorrule." Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review ofthis action mustbe filed in the United States Court ofAppeals for the appropriate circuitby 

### [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication of this document in 

### the FederalRegister]. Filing a petition for reconsideration by the Administrator ofthis final rule does not affectthe finality ofthis action for the purposes of judicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule or action. This action may not be14 challenged later in proceedings to enforce its requirements (See section 307(b)(2) ofthe Act.)15 List ofSubjects in 40 CFRPart 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfuroxides, Volatile organic compounds.

Dated: AI Armendariz, Regional Administrator, Region 6.16 40 CFR part 52 is amended as follows: PART 52 - [AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 

### etseq.
Subpart 

### GG - New Mexico 2. The table in 

### § 52.1620(c) entitled "EPA Approved New Mexico Regulations" is amended by:
a. Revising the entry for Part 1 underNew Mexico Administrative Code (NMAC) Title 20 - Enviromnent Protection, Chapter 2 - Air Quality. b. Revising the entry for Part 73 underNew Mexico Administrative Code (NMAC) Title 20 - Enviromnent Protection, Chapter 2 - Air Quality. The revisions read as follows:


### § 52.1620 Identification ofplan.



### ... ... ... ... ... (c)
......... EPAAPPROVEDNEWMEXICOREGULATIONS State Title/subject State EPA approval date Comments Citation approval! submittal date New Mexico Administrative Code (NMAC) Title 20 - Environment Protection Chapter 2 - Air Quality

### 17 [Insert date ofFR Part 1. General Provisions. 4/8/2010 publication] [Insert FR page number where document begins]



## * * * * * * * Part 73. Notice ofIntent and [Insert date ofFR Emissions Inventory 4/25/2005 publication] Requirements. [Insert FR page number where document begins]


## * * * * * * *

* * * * *