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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-0AR-2005-NM-0009; FRL - ]

Approval and Promulgation of Air 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

of air 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 of air pollutants

located in New Mexico outside ofBernalillo County to report emissions location information,

. PM2.s emissions, and ammonia emissions to New Mexico Environment Department (NMED).

The revisions also allow NMED to require speciation of hazardous air pollutants for emissions

reporting. Second, we are approving revisions to the New Mexico Administrative Code
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(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 of publication

in the Federal Register] without further notice unless EPA receives adverse comments by

[Insert date 30 days' from date of publication in the Federal Register]. Ifadverse 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 one ofthe 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 FOR FURTHER INFORMATION CONTACT

section below.

• Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number 214-

665-7263.
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• 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 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 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 restricted by statute. Do not submit information that

you consider to 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 of your 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 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. IfEPA cannot read your comment due to

technical difficulties'and cannot contact you for clarification, EPA may not be able to consider
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your comment. Electronic files should avoid the use ofspecial 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, 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

either electronically 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 of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays.

Contact the 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 cent per page

fee for making photocopies of documents. On the 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.

FOR FURTHER INFORMATION CONTACT: Mr. Emad Shahin for Emission Inventory

inquiries, Air Planning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
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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 Order Reviews

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,
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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 pursuant to section

110 ofthe CAA. The reporting of emissions and emissions-related data will help NMED to

attain and maintain the 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 behalf ofthe NMED, concerning NMAC, 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 Significant Figures 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 pursuant to section 110 ofthe Act.

C. EPA's Action

EPA is publishing this rule without prior proposal because we view this as a

noncontroversial amendment and anticipate no relevant adverse comments. However, in the

proposed rules section ofthis Federal Register publication, we are publishing a separate

document that will 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 of publication in the Federal Register] without further notice

unless we receive relevant adverse comment by [FEDERAL REGISTER OFFICE: insert date

30 days from date of publication in the Federal Register]. Ifwe receive relevant adverse
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comments, we will publish a timely withdrawal in the Federal Register informing the public that

the rule will not take 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 comment period 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 of an 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

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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 criteria pollutants: carbon

monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.

The SIP is a set of air 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 other provisions 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 Consent Decree, 75 FR 11886, March 12,2010, and

www.regulations.gov, docket No. EPA-HQ-OGC-201 0-0221
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submit these 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 of origin.

III. What Is the Background of These Actions?

A. Emission Inventory

Emissions inventories are surveys of actual andJor allowable emissions of air pollutants in

an area Emissions inventories are critical for the efforts ofstate, local, and federal agencies to

attain and maintain the NAAQS that EPA has established for criteria pollutants 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

submitted by stationary sources of air 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 of emissions and emissions-related

data as may be prescribed by 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 revised the definition of "Potential Emission Rate".

On December 1, 2003 submitted another revision to the SIP that added three new definitions to

Section 7, and revised Section 20.2.73.300, Emission Inventory Requirements, to require
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smelters to submit an annual report ofsulfur input in tons per year, and added emission tracking

requirements for sulfur dioxide 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 allowed NMED to require reporting ofspeciated hazardous air pollutants.

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 - Significant Figures, 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 submitted revisions to 20.2.73 NMAC for inclusion into the SIP that amend

requirements on emissions inventories submitted by stationary sources ofair pollutants located in

New Mexico outside ofBemalillo County. The emissions inventory requirements for stationary
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sources of air 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 exist into 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

of area 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 Subpart A. We have evaluated the State's

submittal and have determined that the revisions meet the 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 significant digits 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 same
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significant figures procedures described in EPA's June 6, 1990 Memorandum, 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 of air 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 of air

pollutants located in New Mexico outside ofBernalillo County to report emissions location to

NMED. The revisions also allow NMED 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

pursuant to section 110 ofthe Act.

VI. Statutory and Executive Order Reviews!
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Under the Clean Air Act, the Administrator is required to approve a SIP submission that

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 that they 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. For that reason, this action:

• Is not a "significant regulatory action" subject to review by the Office ofManagement

and Budget under Executive Order 12866 (58 FR 51735, October 4, 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 significant economic impact on a substantial number ofsmall

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 (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

subject to Executive Order 13045 (62FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355,

May 22,2001);
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• Is not subject to requirements of Section 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 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);

• 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 preempt tribal law; and

• Is not a ''major rule" as defined by 5 U.S.C. 804(2) under the Congressional Review Act,

5 U.S.C. 801 et seq., added by the Small Business Regulatory Enforcement Fairness Act

of 1996. A major rule cannot take effect until 60 days after it is published in the Federal

Register. This action is not a "major rule."

Under section 307(b)(1) ofthe Clean Air Act, petitions for judicial review ofthis action

must be filed in the United States Court of Appeals for the appropriate circuit by

[FEDERAL REGISTER OFFICE: insert date 60 days from date of publication of this

document in the Federal Register]. Filing a petition for reconsideration by the

Administrator ofthis final rule does not affect the finality ofthis action 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 ofsuch rule or action. This action may not be
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challenged later in proceedings to enforce its requirements (See section 307(b)(2) ofthe

Act.)
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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: AI Armendariz,

Regional Administrator, Region 6.
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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 under New Mexico Administrative Code (NMAC) Title

20 - Enviromnent Protection, Chapter 2 - Air Quality.

b. Revising the entry for Part 73 under New Mexico Administrative Code (NMAC) Title

20 - Enviromnent Protection, Chapter 2 - Air Quality.

The revisions read as follows:

§ 52.1620 Identification of plan.

... ... ... ... ...

(c) .........

EPA APPROVED NEWMEXICO REGULATIONS

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
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[Insert date of FR

Part 1. General Provisions. 4/8/2010 publication]

[Insert FR page number

where document begins]

* * * * * * *

Part 73. Notice ofIntent and [Insert date of FR

Emissions Inventory 4/25/2005 publication]

Requirements. [Insert FR page number

where document begins]

* * * * * * *

* * * * *