Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18923 

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

and these Areas would thereafter have 

to address the pertinent requirements. 

This action does not constitute a 

redesignation of these Areas to 

attainment for the 24-hour 2006 PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, this 

action does not involve approving 

maintenance plans for these Areas as 

required under section 175A of the 

CAA, nor does it find that the Areas 

have met all other requirements for 

redesignation. Even after these 

determinations of attainment by EPA, 

the designation status of these Areas is 

nonattainment for the 24-hour 2006 

PM2.5 NAAQS until such time as EPA 

determines that the Areas meet the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate these Areas. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action makes determinations of 

attainment based on air quality, and will 

result in the suspension of certain 

Federal requirements, and will 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 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, 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 May 29, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this 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 of 

such rule or action. 

These clean data determinations for 

the 24-hour 2006 PM2.5 NAAQS for the 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

nonattainment areas 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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 19, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2059, paragraph (e) is added 

to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(e) Determination of Clean Data. EPA 

has determined, as of March 29, 2012, 

that based on 2008 to 2010 ambient air 

quality data, the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown, 

and Lancaster nonattainment areas have 

attained the 24-hour 2006 PM2.5

NAAQS. These determinations, in 

accordance with 40 CFR 51.1004(c), 

suspend the requirements for these 

areas to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

related to attainment of the standard for 

as long as these areas continue to meet 

the 24-hour 2006 PM2.5 NAAQS. 

[FR Doc. 2012–7563 Filed 3–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0006; FRL– 

9654–2] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Construction Permit Fees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve revisions which 

repeal and replace existing rules, and 

revisions to the applicable State 

Implementation Plan (SIP) for New 

Mexico submitted by the State of New 

Mexico on April 11, 2002, and April 25, 

2005, which relate to construction 

permit fee requirement regulations. The 

repeal and replace and SIP revisions 

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18924 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

included in this action would address 

section 110(a)(2) Clean Air Act (the Act 

or CAA) requirements related to fees for 

reviewing and acting on specific air 

quality construction permit applications 

received by the New Mexico 

Environment Department (NMED or 

Department) and for implementing and 

enforcing the terms and conditions of 

the construction permit, excluding any 

court costs or other costs associated 

with an enforcement action. EPA has 

determined that these SIP revisions 

comply with the Clean Air Act and EPA 

regulations and are consistent with EPA 

policies. This action is being taken 

under section 110 of the Act. 

DATES: This direct final rule is effective 

on May 29, 2012 without further notice, 

unless EPA receives relevant adverse 

comment by April 30, 2012. 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 ID No. EPA–R06– 

OAR–2005–NM–0006, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

(2) Email: Ms. Ashley Mohr at mohr.

ashley@epa.gov. 

(3) Fax: Ms. Ashley Mohr, Air Permits 

Section (6PD–R), at fax number 214– 

665–6762. 

(4) Mail: Ms. Ashley Mohr, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(5) Hand or Courier Delivery: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. Such deliveries are 

accepted only between the hours of 

8:30 a.m. and 4:30 p.m. weekdays 

except for legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2005– 

NM–0006. 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 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://www.regulations.

gov index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which 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 http://www.

regulations.gov or in hard copy at the 

Air Permits Section (6PD–R), 

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 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas. 

The State submittal related to this SIP 

revision, and which is part of the EPA 

docket, is also available for public 

inspection at the State Air Agency listed 

below during official business hours by 

appointment: 

New Mexico Environment 

Department, Air Quality Bureau, 1190 

St. Francis Drive, Santa Fe, New 

Mexico. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

direct final action, please contact Ms. 

Ashley Mohr (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, Texas 

75202–2733, telephone (214) 665–7289; 

fax number (214) 665–6762; email 

address mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document the 

following terms have the meanings 

described below: 

• ‘‘We’’, ‘‘us’’ and ‘‘our’’ refer to EPA. 

• ‘‘Act’’ and ‘‘CAA’’ mean the Clean 

Air Act. 

• ‘‘40 CFR’’ means Title 40 of the 

Code of Federal Regulations—Protection 

of the Environment. 

• ‘‘SIP’’ means the State 

Implementation Plan established under 

section 110 of the Act. 

• ‘‘NSR’’ means new source review. 

• ‘‘TSD’’ means the Technical 

Support Document for this action. 

• ‘‘NAAQS’’ means any national 

ambient air quality standard established 

under 40 CFR part 50. 

Table of Contents 

I. What action is EPA taking? 

II. What did New Mexico submit? 

A. April 11, 2002 Repeal and Replace SIP 

Revision Submittal 

B. April 25, 2005 SIP Revision Submittal 

III. EPA’s Evaluation 

A. What are the requirements for EPA’s 

review of a fees SIP submittal? 

B. Do the submitted repeal and replace 

revisions and subsequent SIP revisions 

meet the CAA requirements? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

We are taking direct final action to 

approve revisions to the applicable State 

Implementation Plan (SIP) for New 

Mexico submitted by the State of New 

Mexico on April 11, 2002, and April 25, 

2005, which relate to construction 

permit fee requirement regulations. The 

April 11, 2002, SIP submittal repealed 

the existing construction permit fee 

regulations and adopted replacement 

construction permit fees (hereafter 

referred to as ‘‘repeal and replace’’), 

codified in 20.2.75 of the New Mexico 

Administrative Code (NMAC). The 

April 25, 2005, SIP submittal amended 

four sections of the repeal and replace: 

20.2.75.5 NMAC, 20.2.75.7 NMAC, 

20.2.75.10 NMAC, and 20.2.75.11 

NMAC. 

We provide the reasoning comprising 

our evaluation in general terms in this 

rulemaking but provide a more detailed 

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18925 

evaluation and analysis in the Technical 

Support Document (TSD) that has been 

prepared for this rulemaking. The repeal 

and replace submitted on April 11, 

2002, has been determined to be 

significantly different from the existing 

version of 20.2.75 NMAC, Construction 

Permit Fees, which was approved into 

the New Mexico SIP by EPA on 

September 26, 1997 (62 FR 50518). 

Therefore, a direct comparison to the 

approved New Mexico SIP is 

impractical, and the technical review of 

the repeal and replace will be evaluated 

for approval in this action and used as 

the baseline SIP for evaluation of the 

April 25, 2005, revisions. 

Our technical analysis of the April 11, 

2002, repeal and replace and the April 

25, 2005, SIP rule revisions has found 

that the repeal and replace as a baseline 

rule, and the subsequent revisions to 

this rule are consistent with applicable 

provisions of section 110(a)(2) of the 

CAA. Therefore, EPA is taking direct 

final action to approve the fees SIP rules 

submitted on April 11, 2002, and April 

25, 2005. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. As explained in our 

technical support document (TSD), we 

are finding this action noncontroversial 

because the construction permit fees 

program is an established permit fees 

program that New Mexico developed 

with input from members of the 

regulated community and public 

interest groups via a public 

participation process that was initiated 

simultaneous to initial rule review and 

development. 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 May 29, 

2012 without further notice unless we 

receive relevant adverse comment by 

April 30, 2012. 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 

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. 

II. What did New Mexico submit? 

A. April 11, 2002 Repeal and Replace 

SIP Revision Submittal 

The Governor of New Mexico 

submitted on April 11, 2002, a repeal 

and replacement of the existing version 

of 20.2.75 NMAC, Construction Permit 

Fees, which was approved into the New 

Mexico SIP by EPA on September 26, 

1997. This submittal includes the 

following changes: 

• Repeal and replace of the following 

sections: 20.2.75.1 NMAC, Issuing 

Agency; 20.2.75.2 NMAC, Scope; 

20.2.75.3 NMAC, Statutory Authority; 

20.2.75.4 NMAC, Duration; 20.2.75.5 

NMAC, Effective Date; 20.2.75.6 NMAC, 

Objective; 20.2.75.7 NMAC, Definitions; 

20.2.75.8 NMAC, Amendment and 

Supersession of Prior Regulations; 

20.2.75.9 NMAC, Documents; 20.2.75.10 

NMAC, Filing Fee; 20.2.75.11 NMAC, 

Permit Fee; 20.2.75.12 NMAC, Payment 

of Fees; and 20.2.75.13 NMAC, Periodic 

Review. 

B. April 25, 2005 SIP Revision Submittal 

The Governor of New Mexico 

submitted on April 25, 2005, a revision 

to 20.2.75 NMAC, Construction Permit 

Fees. This submittal includes the 

following changes: 

• Revisions to the following sections: 

20.2.75.5 NMAC, Effective Date; 

20.2.75.7 NMAC, Definitions; 20.2.75.10 

NMAC, Filing Fee; and 20.2.75.11 

NMAC, Permit Fee. 

Table 1 summarizes the changes that 

are in the repeal and replace submitted 

April 11, 2002, and the additional SIP 

revisions submitted April 25, 2005. A 

summary of EPA’s evaluation of each 

section and the basis for this action is 

discussed in section III of this preamble. 

The Technical Support Document (TSD) 

includes a detailed evaluation of the 

referenced SIP submittals. 

TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION

Section Title Submittal 

dates Description of change Final action 

20.2.75 NMAC—Construction Permit Fees 

Issuing Agency 

20.2.75.1 NMAC ............... Issuing Agency ................... 4/11/2002 Repeal and replace: Information about the issuing 

agency.

Approval. 

Scope 

20.2.75.2 NMAC ............... Scope ................................. 4/11/2002 Repeal and replace: Scope of rule applicability and annual fee payment requirements 1.Approval. 

Statutory Authority 

20.2.75.3 NMAC ............... Statutory Authority .............. 4/11/2002 Repeal and replace: Fees provisions adopted pursuant 

to state statutory authority.

Approval. 

Duration 

20.2.75.4 NMAC ............... Duration .............................. 4/11/2002 Repeal and replace: Rules to be of permanent duration Approval. 

Effective Date 

20.2.75.5 NMAC ............... Effective Date ..................... 4/11/2002 Repeal and replace: Rules to be effective March 2, 

2001.

Approval. 

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18926 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION—Continued 

Section Title Submittal 

dates Description of change Final action 

............................................. 4/25/2005 Section revised to include the effective date as March 

2, 2001 except where a later date is cited at the end 

of a specific section.

Approval. 

Objective 

20.2.75.6 NMAC ............... Objective ............................ 4/11/2002 Repeal and replace: Establishes objective for fees rules Approval. 

Definitions 

20.2.75.7 NMAC ............... Definitions ........................... 4/11/2002 Repeal and Replace: Provides definitions for the following as used in the fees rules: ‘‘Air toxics review’’, 2

‘‘Applicable regulations’’. 3 ‘‘Fee unit’’,4 ‘‘Fugitive 

Emissions Fee Unit’’. ‘‘Revision’’,5 ‘‘Small business’’,6

‘‘Technical review of an existing permit’’.

Approval. 

............................................. 4/25/2005 Section revised to include the correction of a typographical error in the definition of ‘‘Fee unit’’.Approval. 

Amendment and Supersession of Prior Regulations 

20.2.75.8 NMAC ............... Amendment and Supersession of Prior Regulations.4/11/2002 Repeal and replace: Amendment and supersession of 

AQCR 700 with Part 75.

Approval. 

Documents 

20.2.75.9 NMAC ............... Documents ......................... 4/11/2002 Repeal and replace: Documents cited may be viewed 

at physical location.

Approval. 

Filing Fee 

20.2.75.10 NMAC ............. Filing Fee ........................... 4/11/2002 Repeal and replace: Filing fees established for construction permit applications 7.Approval. 

............................................. 4/25/2005 Section revised to include filing fee requirements for filing of a notice of intent.Approval. 

Permit Fee 

20.2.75.11 NMAC ............. Permit Fee .......................... 4/11/2002 Repeal and replace: Complexity point-based permit fee 

schedule and annual fees established for construction permit applicants 8 9 10.

Approval. 

............................................. 4/25/2005 Section revised to include complexity points for portable 

source relocation; increase annual fee amount; and 

establish requirement to update fee amounts annually based on the Consumer Price Index.

Approval. 

Payment of Fees 

20.2.75.12 NMAC ............. Payment of Fees ................ 4/11/2002 Repeal and replace: Construction permit fee payment 

requirements for filing fees, permits fees, and annual 

fees.

Approval. 

Periodic Review 

20.2.75.13 NMAC ............. Periodic Review ................. 4/11/2002 Repeal and replace: Construction permit fees and construction permit program costs will be reviewed annually.Approval. 

1The scope provisions submitted on April 11, 2002 as part of the repeal and replace references Operating Permits (20.2.70 NMAC) and Operating Permit Emission Fees (20.2.71 NMAC) related to the Title V program. The Title V program is subject to statutory and regulatory evaluation 

beyond the statutory scope of this rulemaking. CAA Section 110(a)(2) falls under Title I of the CAA. Any evaluation of the Title V program and 

related fees must be done pursuant to CAA section 502 through 507 and 40 CFR part 70. Therefore, we are approving the reference to Operating Permits and Operating Permit Emission Fees as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP the underlying and related regulations found in 20.2.70 NMAC 

and 20.2.71 NMAC through this rulemaking. 2 ‘‘Air toxics review’’ under the repeal and replace submitted April 11, 2002 references Air Toxics Review (20.2.72.400 NMAC–20.2.72.499 

NMAC), which is a permitting program and regulation separate from the fee rules governed by 20.2.75 NMAC. The State Air Toxics program is 

subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is limited to determining whether the 

New Mexico fee SIP submittals meet the fee related requirements of section 110(a)(2). Therefore, we are approving the reference to Air Toxics 

Review as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not 

evaluating or approving into the SIP the underlying and related regulations for Air Toxics Review through this rulemaking. 

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18927 

3 ‘‘Applicable regulations’’ under the repeal and replace submitted April 11, 2002 references Operating Permits (20.2.70 NMAC), Operating 

Permit Emissions Fees (20.2.71 NMAC), New Source Performance Standards (NSPS) (20.2.77 NMAC), Emission Standards for Hazardous Air 

Pollutants (NESHAP) (20.2.78 NMAC), and Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants (MACT) (20.2.82 NMAC) (hereafter collectively referred to as Parts 70, 71, 77, 78, and 82), which are regulations separate from the fee 

rules governed by 20.2.75 NMAC. The regulations included in Parts 70, 71, 77, 78, and 82 are subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is limited to determining whether the New Mexico fee SIP submittals meet the fee related 

requirements of section 110(a)(2). Therefore, we are approving the reference to these regulations as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP the underlying and 

related regulations for Parts 70, 71, 77, 78, and 82 through this rulemaking. 4 ‘‘Fee unit’’ under the repeal and replace submitted April 11, 2002 references Exemptions (20.2.72.202 NMAC), which are a permitting program and regulations separate from the fee rules governed by 20.2.75 NMAC. In this rulemaking, we are approving only the reference to Exemptions as part of the fee schedule required by the applicable requirements of section 110(a)(2). However, though we are approving these fee rules 

and the related references for the purpose of compliance with the fee related requirements of section 110(a)(2), we are not evaluating or approving into the SIP the underlying permitting program or regulations for Exemptions through this rulemaking. New Mexico has submitted these Exemptions in a separate SIP submittal, and we will act upon that submittal in a separate future rulemaking. 5 ‘‘Revision’’ under the repeal and replace submitted April 11, 2002 references Administrative Revisions as used in 20.2.72 NMAC, which are 

regulations separate from the fee rules governed by 20.2.75 NMAC. In this rulemaking, we are approving only the reference to Administrative 

Revisions as part of the fee schedule required by the applicable requirements of section 110(a)(2). However, though we are approving these fee 

rules and the related references for the purpose of compliance with the fee related requirements of section 110(a)(2), we are not evaluating or 

approving into the SIP the underlying regulations for Administrative Revisions through this rulemaking. New Mexico has submitted the Administrative Revisions provisions in a separate SIP submittal, and we will act upon that submittal in a separate future rulemaking. 6 ‘‘Small business’’ under the repeal and replace submitted April 11, 2002 references 20.2.70 NMAC related to the Title V program. The Title V 

program is subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. CAA Section 110(a)(2) falls under Title I 

of the CAA. Any evaluation of the Title V program must be done pursuant to CAA section 502 through 507 and 40 CFR part 70. Therefore, we 

are approving the reference to Operating Permits as part of the permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the SIP the underlying regulation found in 20.2.70 NMAC through this 

rulemaking. 7The filing fee provisions submitted on April 11, 2002 as part of the repeal and replace includes filing fee requirements in 20.2.75.10(B) NMAC 

for permit applications filed under the Accelerated Review permit processing program (20.2.72.221 NMAC). New Mexico has withdrawn the provisions contained in 20.2.75.10(B) NMAC from the April 11, 2002 submittal since the underlying Accelerated Review permit processing program is 

not part of the New Mexico SIP. 8The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace includes permit fee requirements in 20.2.75.11(D) NMAC for permit applications filed under the Accelerated Review permit processing program (20.2.72.221 NMAC). New 

Mexico has withdrawn the provisions contained in 20.2.75.11(D) NMAC from the April 11, 2002 submittal since the underlying Accelerated Review permit processing program is not part of the New Mexico SIP. 9The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace includes allotment of points to 

Air Toxics Review (20.2.72.400 NMAC–20.7.72.499 NMAC), NSPS, and NESHAP/MACT programs for the purpose of calculating a permit fee. 

Air Toxics Review, NSPS, and NESHAP/MACT programs are subject to statutory and regulatory evaluation beyond the statutory scope of this 

rulemaking. This action is limited to determining whether the New Mexico fee SIP submittals meet the fee related requirements of section 

110(a)(2). Therefore, we are approving the references to Air Toxics Review, NSPS, and NESHAP/MACT programs as part of the permit fee 

schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving into the 

SIP the underlying and related regulations for Air Toxics Review, NSPS, and NESHAP/MACT programs through this rulemaking. 10The complexity point-based permit fee schedule submitted on April 11, 2002 as part of the repeal and replace includes allotment of points to 

‘‘applicable regulations’’ as represented by a generic catch-all provision denoted 20.2.X NMAC. (20.2.X NMAC includes those regulations that 

are applicable to sources as defined in 20.2.75.7(B)). 20.2.X NMAC includes regulations that are separate from the fee rules governed by 

20.2.75 NMAC. The regulations, sources, and programs represented by 20.2.X NMAC and as defined by 20.2.75.7(B) may be subject to statutory and regulatory evaluation beyond the statutory scope of this rulemaking. This action is limited to determining whether the New Mexico fee 

SIP submittals meet the fee related requirements of section 110(a)(2). Therefore, we are approving the reference to 20.2.X NMAC as part of the 

permit fee schedule for the purpose of compliance with the fee related requirements of section 110(a)(2), but we are not evaluating or approving 

into the SIP the underlying and related regulations including in 20.2.X NMAC through this rulemaking. 

III. EPA’s Evaluation 

A. What are the requirements for EPA’s 

review of a fees SIP submittal? 

The New Mexico EIB adopted and the 

Governor of New Mexico submitted the 

April 11, 2002, repeal and replace and 

the April 15, 2005, SIP revisions 

pursuant to the applicable provisions of 

section 110(a)(2) of the CAA related to 

fees. These federal requirements include 

permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit. In addition to 

the applicable fee related requirements 

of section 110(a)(2), EPA’s evaluation 

must consider section 110(l) of the CAA. 

Section 110(l) of the CAA states that 

EPA shall not approve a revision of the 

SIP if it would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable 

requirement of the Act. 

B. Do the submitted repeal and replace 

revisions and subsequent SIP revisions 

meet the CAA requirements? 

Based on EPA’s evaluation of the 

April 11, 2002, and April 25, 2005, SIP 

submittals, we find these submitted 

rules and revisions meet the applicable 

fee related requirements of section 

110(a)(2) of the CAA. These rules and 

revisions are summarized in Table 1 of 

this rulemaking, and are analyzed with 

more detail in the TSD. The rules and 

revisions contained within the Governor 

of New Mexico’s submittals demonstrate 

compliance with section 110(a)(2) of the 

Act. For example, the NMED assesses 

fees when an owner or operator applies 

for a notice of intent, a permit to 

construct or modify a source, or a 

revision to a construction permit. 

Additionally, annual fees are assessed 

for sources that have been issued a 

permit under 20.2.72 NMAC, 

Construction Permits. These fees are 

used to cover the costs of NMED’s 

construction permit program, including 

permit review, issuance, and 

implementation costs. New Mexico 

indicated in the April 11, 2002, and 

April 25, 2005, SIP submittals that the 

repeal and replace and subsequent 

revisions to the construction permit fee 

requirement regulation are necessary for 

the Department to collect sufficient fees 

to cover the costs of the construction 

permit program. The fee schedule 

adopted by New Mexico and the fee 

rules and revisions further described 

and evaluated in this action and TSD, 

evince a basis for EPA’s approval that 

the submittals meet the requirements of 

110(a)(2). 

The fee assessment provisions in 

20.2.75 NMAC and submitted to EPA 

are a portion of the regulatory scheme 

regulating NMED’s construction 

permitting program, and provide for 

permitting fees to cover the cost of 

reviewing, approving, implementing, 

and enforcing a permit under the 

permitting program. EPA has previously 

reviewed the New Mexico EIB 

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18928 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

11By severable, we mean that the portions of the 

SIP revisions that address fees can be implemented 

independently of the remaining portions of the 

submittal, without affecting the stringency of the 

submitted rules. In addition, the remaining portions 

of the submittal are not necessary for approval of 

the provisions addressing fees. 

regulations for the Nonattainment New 

Source Review Program, Prevention of 

Significant Deterioration Permitting, 

and Minor NSR program, and has 

approved these programs as being 

consistent with the federal 

requirements. EPA approved revisions 

to the Nonattainment New Source 

Review Program, the Prevention of 

Significant Deterioration Program, and 

the Minor NSR program on September 

5, 2007 (72 FR 50879), July 30, 2011 (76 

FR 43149), September 26, 1997 (62 FR 

50518) respectively. Based on our 

evaluation of these fee assessment rules 

and revisions both described in this 

notice and TSD, EPA finds they meet 

the fee related requirements of section 

110(a)(2) to in part cover costs for these 

previously approved programs, and thus 

approves the rules and revisions as 

explained in Table 1. 

Our evaluation of the April 11, 2002, 

and April 25, 2005, SIP submittals also 

demonstrates compliance with section 

110(l) of the CAA, and further provides 

basis for approval of these rules and 

revisions. Pursuant to section 110(l) of 

the CAA, the repeal and replace 

included in the April 11, 2002, SIP 

submittal provides for a broader 

breadth, application, and stringency of 

requirements related to fees than the 

construction permit fees contained in 

the previously approved SIP, which was 

approved by EPA on September 26, 

1997. Based on EPA’s evaluation of 

these fee assessment provisions 

submitted, EPA finds the submitted 

repeal and replace of, and subsequent 

revisions to, 20.2.75 NMAC establishing 

fee requirements for permits is 

consistent section 110(a)(2) of the CAA. 

IV. Final Action 

EPA is taking direct final action to 

approve revisions to the New Mexico 

SIP submitted on April 11, 2002, and 

April 25, 2005. Specifically, EPA is 

approving the repeal and replacement of 

20.2.75 NMAC submitted on April 11, 

2002, and subsequent revisions to 

sections 20.2.75.5 NMAC, 20.2.75.7 

NMAC, 20.2.75.10 NMAC, and 

20.2.75.11 NMAC, submitted on April 

25, 2005, establishing a revised permit 

fee schedule to cover the reasonable 

costs of the New Mexico construction 

permit program. 

EPA is not acting on other severable 

portions of the April 11, 2002, and April 

25, 2005, SIP submittals.11 Specifically, 

EPA is not taking action on the revisions 

submitted on April 11, 2002, to 20.2.72 

NMAC, Construction Permits; 20.2.73 

NMAC, Notice of Intent and Emissions 

Inventory Requirements; and 20.2.79 

NMAC, Permits—Nonattainment Areas. 

EPA is also not taking action on the 

revisions submitted on April 25, 2005, 

to 20.2.66 NMAC, Cotton Gins; 20.2.72 

NMAC, Construction Permits; and 

20.2.73 NMAC, Notice of Intent and 

Emissions Inventory Requirements. 

These revisions have been or will be 

addressed by EPA in separate SIP 

revision reviews and rule actions. 

V. 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 May 29, 2012. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 16, 2012. 

Al Armendariz, 

Regional Administrator, EPA Region 6. 

40 CFR part 52 is amended as follows: 

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18929 

PART 52—[AMENDED] 

■ 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. The first table in § 52.1620(c) 

entitled ‘‘EPA Approved New Mexico 

Regulations’’ is amended by revising the 

entry for Part 75 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 75 ................................ Construction Permit 

Fees.

12/1/2003 3/29/2012 [Insert FR page 

number where document begins] 

NOT in SIP: subsection (B) of 20.2.75.10 and 

subsection (D) of 20.2.75.11. 

References to 20.2.70, 20.2.71, 20.2.72.400– 

20.2.72.499, 20.2.77, 20.2.78, 20.2.82, and 

20.2.X are approved for Part 75 only; underlying and related regulations for referred 

Parts NOT in SIP. 

*******

* * * * * 

[FR Doc. 2012–7561 Filed 3–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 2, 24, 30, 70, 90, 91, and 

188 

[Docket No. USCG–2011–0363] 

RIN 1625–AB71 

Seagoing Barges 

AGENCY: Coast Guard, DHS. 

ACTION: Direct final rule; correction. 

SUMMARY: The United States Coast 

Guard published a direct final rule in 

the Federal Register on December 14, 

2011 (76 FR 77712) revising regulations 

for the inspection and certification of 

seagoing barges to align with the 

language of the applicable statues. That 

document inadvertently transposed the 

titles of two tables in our amendatory 

instructions. Additionally, the Coast 

Guard is republishing the vessel 

inspection tables that rule amends in 

their entirety, so that the format of the 

tables is consistent with current Federal 

Register format requirements. 

DATES: Effective April 12, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Doug Tindall, United 

States Coast Guard; telephone (202) 

372–1411, email Douglas.Tindall@uscg.

mil. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The direct 

final rule published December 14, 2011 

(76 FR 77712) amends row 4, column 4 

of Tables 2.01–7(a), 24.05–1(a), 30.01– 

5(d), 70.05–1(a), 90.05–1(a), and 188.05– 

1(a) as republished in this correcting 

amendment. The Coast Guard is 

republishing the tables so that the 

format of the tables conforms to current 

Federal Register requirements. This 

correcting amendment makes no 

substantive changes to the tables. 

Additionally, this correcting 

amendment corrects the amendatory 

instructions of the direct final rule 

wherein the titles of tables ‘‘24.05–1(a)’’ 

and ‘‘30.01–5(d)’’ were mistakenly 

transposed as ‘‘24.01–5(a)’’ and ‘‘30.05– 

1(d)’’ respectively. 

List of Subjects 

46 CFR Part 2 

Marine safety, Reporting and 

recordkeeping requirements, Vessels. 

46 CFR Part 24 

Marine safety. 

46 CFR Part 30 

Cargo vessels, Foreign relations, 

Hazardous materials transportation, 

Penalties, Reporting and recordkeeping 

requirements, Seamen. 

46 CFR Part 70 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 90 

Cargo vessels, Marine safety. 

46 CFR Part 188 

Marine safety, Oceanographic 

research vessels. 

Accordingly, 46 CFR parts 2, 24, 30, 

70, 90, and 188 are corrected by making 

the following correcting amendments: 

PART 2—VESSEL INSPECTIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 

46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 

46 U.S.C. Chapter 701; E.O. 12234, 45 FR 

58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. Subpart 2.45 also issued under 

the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 

64 Stat. 1120 (see 46 U.S.C. App. Note prec. 

1). 

■ 2. Revise Table 2.01–7(a) in § 2.01– 

7(a) to read as follows: 

§ 2.01–7 Classes of vessels (including 

motorboats) examined or inspected and 

certificated. 

(a) * * * 

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