43964 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 

■ 3. In § 52.385, Table 52.385 is 

amended by adding new entries to 

existing state citations for 22a–174–1, 

22a–174–2a, and 22a–174–3a to read as 

follows: 

§ 52.385 EPA-approved Connecticut 

regulations. 

* * * * * 

TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut 

State 

citation 

Title/subject 

Dates 

Federal Register 

citation 

Section 

52.370 Comments/description Date adopted 

by State 

Date approved 

by EPA 

*******

22a–174–1 ..... Definitions .......... 9/10/2012 7/24/2015 [Insert Federal 

Register citation].

(c)(108) Modified definition of ‘‘major source 

baseline date’’ for purposes of 

adding PM2.5. 

* * * * * * * 

22a–174–2a ... Procedural Requirements for 

New Source 

Review and 

Title V Permitting.

9/10/2012 7/24/2015 [Insert Federal 

Register citation].

(c)(107) Only sections 22a–174–2a(b)(5)(E) 

and (b)(6) are being approved. 

* * * * * * * 

22a–174–3a ... Permit to Construct and Operate Stationary Sources.9/10/2012 7/24/2015 [Insert Federal 

Register citation].

(c)(108) Added Ambient Impact values for 

PM2.5 in Table 3a(i)–1, Significant Emission Rate Thresholds 

for PM2.5 emissions and its precursors in Table 3a(k)–1, PM2.5

increment added to Table 3a(k)– 

2, and PM2.5 added to section 

22a–174–3a(l)(4)(B)(iv). Revised 

section 22a–174–3a(l)(1). 

* * * * * * * 

[FR Doc. 2015–17664 Filed 7–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0172; FRL–9931–09– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Electronic Reporting Consistent With 

the Cross Media Electronic Reporting 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New Mexico. 

The revision pertains primarily to 

electronic reporting and would require 

electronic reporting of documents 

submitted for compliance with Clean 

Air Act (CAA) requirements. The 

revision also includes other changes 

which are non-substantive and 

primarily address updates to New 

Mexico Environment Department’s 

(NMED) document viewing locations. 

DATES: This rule is effective on 

September 22, 2015 without further 

notice, unless EPA receives relevant 

adverse comment by August 24, 2015. If 

EPA receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0172, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions. 

• Email: fuerst.sherry@epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2015– 

0172. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that 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 http://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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 


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Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 43965 

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: Ms. 

Sherry Fuerst, 214–665–6454, 

fuerst.sherry@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Fuerst or Mr. 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 February 2, 2015, the Secretary of 

the NMED submitted rules for inclusion 

into the SIP which amended regulations 

to include authorizing and requiring the 

electronic submittal of data, reports and 

permit applications in lieu of paper 

submittals. The revision to the SIP 

would incorporate amendments to rule 

20.2.1 of the New Mexico 

Administrative Code (NMAC)—General 

Provisions. The amendments provide 

that, after proper notification is given, 

submittals to NMED required under 20 

NMAC Chapter 2 (Air Quality) must be 

electronic, unless a waiver is granted 

(20.2.1.117NMAC). Additionally, the 

revision amends 20 NMAC Chapter 2, 

Part 1 to make non-substantive changes 

which primarily address updates to 

NMED document viewing locations. 

II. EPA’s Evaluation 

Our regulations assert that States that 

wish to receive electronic documents 

must revise the SIP to satisfy the 

requirements of 40 CFR part 3 

(Electronic reporting) (40 CFR 51.286). 

EPA has evaluated the State’s submittal 

allowing electronic reporting and has 

determined that it meets the applicable 

requirements of the EPA air quality 

regulations because it is consistent with 

EPA’s requirements for electronic 

reporting. 

Section 110(l) of the Federal CAA 

states that each revision to an 

implementation plan submitted by a 

State under this chapter shall be 

adopted by such State after reasonable 

notice and public hearing. Additionally, 

we may not approve a revision of a plan 

if the revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. In its 

submittal, NMED provided 

documentation that reasonable notice 

and a public hearing were provided. As 

the revision allows for the electronic 

reporting of information and does not 

alter the substance of the state 

monitoring submittals, it will not 

interfere with any applicable 

requirement of the CAA. 

III. Final Action 

We are approving revisions to the 

New Mexico SIP that pertain to 

electronic reporting, 20.2.1.117 A and B, 

as proposed in the SIP revision proposal 

package submitted by the Secretary of 

NMED on February 2, 2015. 

We are also approving the 

amendments that were proposed to 

correct typographical errors and to 

standardize formatting of rule language. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on September 22, 2015 

without further notice unless we receive 

relevant adverse comment by August 24, 

2015. If we receive relevant adverse 

comments, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

relevant adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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 

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 CAA, 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 approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272) 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 


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43966 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Rules and Regulations 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this 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 September 22, 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, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

Dated: July 10, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart GG—New Mexico 

■ 2. In § 52.1620(c), the table titled 

‘‘EPA Approved New Mexico 

Regulations’’ is amended by revising the 

entry for ‘‘Part 1’’ under ‘‘New Mexico 

Administrative Code (NMAC) Title 20— 

Environment Protection, Chapter 2—Air 

Quality’’ to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED NEW MEXICO REGULATIONS

State citation Title/subject 

State 

approval/ 

effective date 

EPA approval date Comments 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality 

Part 1 ................................ General Provisions ..................................................... 1/23/2015 7/24/2015 [Insert Federal 

Register citation].

*******

* * * * * 

[FR Doc. 2015–18098 Filed 7–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1628 

Recipient Fund Balances 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

Legal Services Corporation (LSC or 

Corporation) regulation on recipient 

fund balances to give the Corporation 

more discretion to grant a recipient’s 

request for a waiver to retain a fund 

balance in excess of 25% of its annual 

LSC support. This final rule also 

provides that recipients facing a fund 

balance in excess of 25% of their annual 

LSC support may submit a waiver 

request prior to submitting their annual 

audited financial statements. 

DATES: This final rule is effective August 

24, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie K. Davis, Assistant General 

Counsel, Legal Services Corporation, 

3333 K Street NW., Washington, DC 

20007; (202) 295–1563 (phone), (202) 

337–6519 (fax), or sdavis@lsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Regulatory Background 

LSC issued its first instruction on 

recipient fund balances in 1983 to 

implement what is now the 

Corporation’s longstanding objective of 

ensuring the timely expenditure of LSC 

funds for the effective and economical 

provision of high quality legal 

assistance to eligible clients. 48 FR 560, 

561, Jan. 5, 1983. Later that year, LSC 

published a redrafted version titled 

Instruction 83–4, Recipient Fund 

Balances (‘‘Instruction’’). 48 FR 49710, 

49711, Oct. 27, 1983. The Instruction 

limited recipients’ ability to carry over 

LSC funds that remained unused at the 

end of the fiscal year. Id. Specifically, 

the Instruction provided that in the 

absence of a waiver granted by the 

Corporation, a recipient must repay to 

LSC any funds retained at the end of the 

fiscal year in excess of 10% of its total 

annual LSC support. Id. The Instruction 

also prohibited a recipient from ever 

retaining a fund balance in excess of 

25% of its annual support, thereby 

limiting the Corporation’s waiver 

granting authority to fund balance 

amounts of 25% or less of a recipient’s 

annual LSC support. Id. 

In 1984, LSC substantially adopted 

the Instruction in a regulation published 

at 45 CFR part 1628. 49 FR 21331, May 

21, 1984. Part 1628 remained 

unchanged until 2000, when LSC 

promulgated revisions in response to 

public comments and staff advice that 

the rule was ‘‘more strict’’ than the fund 

balance requirements of most federal 

agencies. 65 FR 66637, 66638, Nov. 7, 

2000. The revised rule provided the 

Corporation with more discretion to 

grant a recipient’s request for a waiver 

to retain a fund balance of up to 25% 

of its annual LSC support. Id. at 66637. 


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