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[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Pages 40966-40968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16345]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0710; FRL-9831-1]

Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Interstate Transport of Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a portion of a State Implementation Plan 
(SIP) submittal from the State of New Mexico to address Clean Air Act 
(CAA or Act) requirements that prohibit air emissions which will 
contribute significantly to nonattainment or interfere with maintenance 
in any other state for the 2006 fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS). EPA 
has determined that the existing SIP for New Mexico contains adequate 
provisions to prohibit air emissions from significantly contributing to 
nonattainment or interfering with maintenance of the 2006 24-hour 
PM2.5 NAAQS (2006 PM2.5 NAAQS) in any other state 
as required by the Act.

DATES: This final rule is effective on August 8, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2009-0710. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
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 Freedom 
of Information Act 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 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Mr. Carl Young, Air Planning Section 
(6PD-L), U.S. EPA Region 6, 214-665-6645, young.carl@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
March 12, 2013 proposal (78 FR 15664). In that notice, we proposed to 
approve a portion of a SIP submittal dated June 12, 2009, from the 
State of New Mexico to address CAA section 110(a)(2)(D)(i)(I) 
requirements that prohibit air emissions which will contribute 
significantly to nonattainment or interfere with maintenance in any 
other state for the 2006 PM2.5 NAAQS. Specifically, we 
proposed to determine that the existing SIP for New Mexico contains 
adequate provisions to prohibit air emissions from significantly 
contributing to nonattainment or interfering with maintenance of the 
2006 PM2.5 NAAQS. We received one comment from a citizen 
supporting our proposal. The comment letter is available for review in 
the docket for this rulemaking. We did not receive any adverse comments 
regarding our proposal.

[[Page 40967]]

II. Final Action

    We are approving a portion of a SIP submittal for the State of New 
Mexico submitted by the Governor on June 12, 2009, to address 
interstate transport for the 2006 PM2.5 NAAQS. Based on 
EPA's evaluation of the State's technical analysis addressing the 
requirements of CAA section 110(a)(2)(D)(i) for the 2006 
PM2.5 NAAQS, with EPA's additional analysis and technical 
information, we approve the portion of the June 12, 2009 SIP submittal 
determining the existing SIP for New Mexico contains adequate 
provisions to prohibit air emissions from contributing significantly to 
nonattainment or interfering with maintenance of the 2006 
PM2.5 NAAQS in any other state as required by CAA section 
110(a)(2)(D)(i)(I). This action is being taken under section 110 of the 
Act.

III. 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 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 of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; 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, this rule 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.
    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 action 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 9, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 25, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart GG--New Mexico

0
2. The second table in Sec.  52.1620(e) entitled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP'' is amended by revising the entry for ``Infrastructure for 
2006 PM2.5 and Interstate Transport regarding 
noninterference with other states' programs for PSD for the 2006 
PM2.5 NAAQS'' to read as follows:

Sec.  52.1620  Identification of plan

* * * * *
    (e) * * *

[[Page 40968]]

                                EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                       Applicable geographic   State submittal/
        Name of SIP provision          or nonattainment area    effective date         EPA approval date                      Explanation
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                                                                      * * * * * * *
Infrastructure for 2006 PM2.5 NAAQS.  Statewide, except for           6/12/2009  7/9/2013 [Insert FR page      1/22/2013, (78 FR 4337): Approval for
                                       Bernalillo County and                      number where document         110(a)(2)(A), (B), (C), (D)(i)(II) (PSD
                                       Indian country.                            begins].                      portion), (D)(ii), (E), (F), (G), (H),
                                                                                                                (J), (K), (L), and (M). 7/9/2013,
                                                                                                                ([Insert FR page number where document
                                                                                                                begins]): Approval for
                                                                                                                110(a)(2)(D)(i)(I).
 
                                                                      * * * * * * *
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[FR Doc. 2013-16345 Filed 7-8-13; 8:45 am]
BILLING CODE 6560-50-P
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