Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 4333 

zone around the Sellwood Bridge on the 

Willamette River in Portland, OR. This 

rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T13–238 to read as 

follows: 

§ 165.T13.238 Safety Zone; Sellwood 

Bridge Move; Willamette River, Portland, 

OR. 

(a) Location. The following area is a 

safety zone: All waters of the Willamette 

River around the Sellwood bridge in 

Portland, OR bounded by a line 

beginning at the west shoreline north of 

the Sellwood bridge at 45°27′54′′ N, 

122°40′01′′ W; thence to the east at 

45°27′54′′ N, 122°39′52′′ W; thence to 

the east shoreline south of the Sellwood 

bridge at 45°27′52′′ N, 122°39′49′′ W; 

thence to the west at 45°27′52′′ N, 

122°40′01′′ W; thence north along the 

west shoreline to the point of origin. 

(b) Enforcement Periods. The Coast 

Guard Sector Columbia River Captain of 

the Port will cause notice of the 

enforcement of this safety zone to be 

made by all appropriate means to effect 

the widest publicity among the affected 

segments of the public as practicable, in 

accordance with 33 CFR 165.7. Such 

means of notification may include, but 

are not limited to, Broadcast Notices to 

Mariners or Local Notices to Mariners. 

The Sector Columbia River Captain of 

the Port will issue a Broadcast Notice to 

Mariners and Local Notice to Mariners 

notifying the public when enforcement 

of the safety zone is suspended. Upon 

notice of enforcement by the Sector 

Columbia River Captain of the Port, the 

Coast Guard will enforce the safety zone 

in accordance with rules set out in this 

section. Upon notice of suspension of 

enforcement by the Sector Columbia 

River Captain of the Port, all persons 

and vessels are authorized to enter, 

transit, and exit the safety zone, 

consistent with the Navigation Rules. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, no person or vessel may enter 

or remain in this zone unless authorized 

by the Captain of the Port or his 

designated representatives. To request 

transit through this zone contact the 

Sector Columbia River Command Center 

at (503) 861–6211, or the Patrol 

Commander on VHF Channel 23. 

Dated: January 7, 2013. 

B.C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Columbia River. 

[FR Doc. 2013–01139 Filed 1–18–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2012–0738; FRL–9772–9] 

RIN 2050–AG73 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; Revision To Increase Public 

Availability of the Administrative 

Record File 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received 

adverse comment, we are withdrawing 

the direct final rule for National Oil and 

Hazardous Substances Pollution 

Contingency Plan; Revision to Increase 

Public Availability of the Administrative 

Record File, published on November 7, 

2012. 

DATES: Effective January 22, 2013, EPA 

withdraws the direct final rule 

published at 77 FR 66729 on November 

7, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact Melissa 

Dreyfus at (703) 603–8792 

(dreyfus.melissa@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0002, Mail Code 5204P. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the direct final rule for 

National Oil and Hazardous Substances 

Pollution Contingency Plan; Revision to 

Increase Public Availability of the 

Administrative Record File, published 

on November 7, 2012 (77 FR 66729). We 

stated in that direct final rule that if we 

received adverse comment by December 

7, 2012, the direct final rule would not 

take effect and we would publish a 

timely withdrawal in the Federal 

Register. We subsequently received 

adverse comment on that direct final 

rule, which we plan to address in a 

subsequent final rulemaking based on 

the parallel proposed rule also 

published on November 7, 2012 (77 FR 

66783). As stated in the direct final rule 

and the parallel proposed rule, we will 

not institute a second comment period 

on this action. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: January 15, 2013. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

Accordingly, EPA withdraws the 

amendment to 40 CFR 300.805(c), 

published in the Federal Register on 

November 7, 2012 (77 FR 66729), as of 

January 22, 2013. 

[FR Doc. 2013–01191 Filed 1–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0784; FRL–9770–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Requirements for Determining 

General Conformity of Federal Actions 

to Applicable State Implementation 

Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the West 

Virginia State Implementation Plan 

(SIP). The SIP revision consists of a 

legislative rule adopted by West 

Virginia to amend its prior general 

conformity rule for the purpose of 

incorporating revisions to Federal 

general conformity requirements 

established under rules promulgated by 


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EPA in July of 2006 and in April of 

2010. EPA is approving West Virginia’s 

SIP revision to amend its general 

conformity SIP to comply with recent 

changes in Federal general conformity 

requirements. This rulemaking action is 

in accordance with the requirements of 

the Clean Air Act (CAA). 

DATES: This rule is effective on March 

25, 2013 without further notice, unless 

EPA receives adverse written comment 

by February 21, 2013. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0784 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0784, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0784. 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 email. The www.regulations.gov Web 

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 email 

comment directly to EPA without going 

through 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 and with any disk or CD–ROM 

you submit. 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, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by email 

at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following outline is provided to aid in 

locating information in this preamble. 

I. General Conformity Requirements and 

Affect on Air Quality 

II. West Virginia’s General Conformity SIP 

Revision 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

A. General Requirements 

B. Submission to Congress and the 

Comptroller General 

C. Petitions for Judicial Review 

I. General Conformity Requirements 

and Affect on Air Quality 

The intent of the general conformity 

requirement is to prevent the air quality 

impacts of Federal actions from causing 

or contributing to a violation of a 

National Ambient Air Quality Standard 

(NAAQS) or interfering with the 

purpose of a SIP. Under the CAA as 

amended in 1990, Congress recognized 

that actions taken by Federal agencies 

could affect states’ and local agencies’ 

abilities to attain and maintain the 

NAAQS. Section 176(c) of the CAA 

requires Federal agencies to assure that 

their actions conform to the applicable 

SIP for attaining and maintaining 

compliance with the NAAQS. General 

conformity is defined to apply to 

NAAQS established pursuant to section 

109 of the CAA, including NAAQS for 

carbon monoxide (CO), nitrogen dioxide 

(NO2), ozone, particulate matter, and 

sulfur dioxide (SO2). Because certain 

provisions of section 176(c) of the CAA 

apply only to highway and mass transit 

funding and approval actions, EPA 

published two sets of regulations to 

implement section 176(c) of the CAA— 

one set for transportation conformity 

and one set for general conformity. The 

Federal General Conformity 

Requirements Rule was published in the 

November 30, 1993 edition of the 

Federal Register (58 FR 63214) and 

codified in the Code of Federal 

Regulations at 40 CFR 93.150. 

EPA revised the Federal General 

Conformity Requirements Rule via a 

final rule issued in the April 5, 2006 

edition of the Federal Register (71 FR 

17003). EPA had promulgated a new 

NAAQS July 18, 1997 (62 FR 38652) 

that established a separate NAAQS for 

fine particulate matter smaller than 2.5 

micrometers in diameter (PM2.5). The 

prior coarse particulate matter NAAQS 

promulgated in 1997 pertains to 

particulate matter smaller than 10 

micrometers in diameter (PM10). EPA’s 

2006 revision to the Federal General 

Conformity Requirements Rule added 

requirements for PM2.5 for the first time, 

including annual emission limits of 

PM2.5 above which covered Federal 

actions in NAAQS nonattainment or 

maintenance areas would be subject to 

general conformity applicability. 

On April 5, 2010, EPA revisited the 

Federal General Conformity 

Requirements Rule to clarify the 

conformity process, authorize 

innovative and flexible compliance 

approaches, remove outdated or 

unnecessary requirements, reduce the 

paperwork burden, provide transition 

tools for implementing new standards, 

address issues raised by Federal 

agencies affected by the rules, and 

provide a better explanation of 

conformity regulations and policies. 

EPA’s April 2010 revised rule simplified 

state SIP requirements for general 

conformity, eliminating duplicative 

general conformity provisions codified 

at 40 CFR part 93, Subpart B and 40 CFR 

part 51, Subpart W. Finally, the April 

2010 revision updated the Federal 

General Conformity Requirements Rule 

to reflect changes to governing laws 

passed by Congress since EPA’s 1993 

rule. The Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) passed 

by Congress in 1995 contains a 

provision eliminating the CAA 

requirement for states to adopt general 

conformity SIPs. As a result of 


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Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 4335 

SAFETEA–LU, EPA’s April 2010 rule 

eliminated the Federal regulatory 

requirement for states to adopt and 

submit general conformity SIPs, instead 

making submission of a general 

conformity SIP a state option. 

II. West Virginia’s General Conformity 

SIP Revision 

On June 6, 2012, West Virginia 

submitted a formal revision to its SIP. 

The SIP revision submittal consists of 

an amendment to West Virginia’s 

legislative rule (Title 45 of the 

Consolidated Statute of Regulations 

Series 35, entitled ‘‘Determining 

Conformity of General Federal Actions 

to Applicable Implementation Plans’’) 

that establishes criteria and procedures 

for use by Federal agencies in 

determining whether a planned Federal 

action conforms to the applicable SIP 

(also referred to as ‘‘general 

conformity.’’ The purpose of the SIP 

revision is to amend West Virginia’s 

general conformity requirements 

through a legislative rule adopted by 

West Virginia for purposes of 

incorporating recent changes made to 

Federal general conformity 

requirements, which are at 40 CFR Part 

93, Subpart B (effective July 6, 2010). 

The SIP revision submittal includes a 

revision of West Virginia’s 1995 

legislative rule under Title 45, Series 35 

of the Code of State Rules (45CSR35). 

The revised State rule 45CSR35, now 

titled ‘‘Determining Conformity of 

General Federal Actions to Applicable 

Implementation Plans (General 

Conformity)’’ with a State effective date 

of June 1, 2012, has been updated to 

incorporate by reference the most recent 

Federal general conformity rules at 40 

CFR part 93, Subpart B that were 

effective June 1, 2011. 

West Virginia’s legislative rule has 

also been updated to slightly revise 

several definitions, including 

‘‘Applicable implementation plan’’ and 

‘‘Applicable SIP.’’ Several terms no 

longer used in 45CSR35 were deleted, 

including ‘‘Director,’’ ‘‘Division of 

Environmental Protection,’’ ‘‘State 

Governor,’’ ‘‘State and Local Air 

Agencies,’’ and ‘‘State Agency.’’ 

Definitions were added for the terms 

‘‘Clean Air Act’’ and ‘‘Secretary.’’ The 

legislative rule amending 45CSR35 also 

adds requirements that require a Federal 

agency to make a determination that a 

Federal action conforms to the 

applicable SIP before the action is taken. 

In the event an action would result in 

emissions that originate in more than 

one nonattainment or maintenance area, 

conformity must be evaluated for each 

area separately. Finally, a conformity 

determination under 40 CFR Part 93, 

Subpart B does not exempt the action 

from any other requirements of the 

applicable SIP, the CAA, or the National 

Environmental Policy Act (NEPA). 

A prior version of West Virginia’s 

general conformity rule (45CSR35), 

which became State effective May 1, 

1995, was approved by EPA as part of 

the West Virginia SIP via a final rule 

published on September 5, 1995 (60 FR 

46029). West Virginia’s June 6, 2012 SIP 

revision submittal, which is the subject 

of this rulemaking action, supersedes 

the prior approved West Virginia 

general conformity SIP. 

III. EPA Action 

EPA has reviewed West Virginia’s 

June 6, 2012 SIP revision submittal and 

found this revision to be in compliance 

with section 176(c) of the CAA and with 

the related requirements of the Federal 

General Conformity Requirements Rule, 

codified at 40 CFR Part 93, Subpart B. 

West Virginia’s SIP revision serves to 

reduce the impact of Federal actions 

(not otherwise subject to transportation 

conformity, which is addressed under a 

separate provision in the West Virginia 

SIP), and will prevent subject Federal 

actions from causing or contributing to 

a new violation of a NAAQS, interfering 

with attainment or maintenance of a 

NAAQS, or otherwise interfering with 

the West Virginia SIP. 

West Virginia’s June 6, 2012 SIP 

revision meets the requirements set 

forth in section 110 of the CAA with 

respect to adoption and submission of 

SIP revisions. The approval of West 

Virginia’s general conformity SIP 

revision will strengthen the West 

Virginia SIP and will assist the state in 

complying with Federal NAAQS. 

Therefore, EPA is approving West 

Virginia’s revision to its general 

conformity SIP to comply with the most 

recent Federal General Conformity 

Requirements Rule. EPA is publishing 

this rule without prior proposal because 

it constitutes a noncontroversial 

amendment and EPA anticipates no 

adverse comment. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

adverse comments are filed. This rule 

will be effective on March 25, 2013 

without further notice unless EPA 

receives adverse comment by February 

21, 2013. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this rulemaking action. Any 

parties interested in commenting must 

do so at this time. Please note that if 

EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 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 


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4336 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 

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 to approve West Virginia’s 

general conformity rule must be filed in 

the United States Court of Appeals for 

the appropriate circuit by March 25, 

2013. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action to approve West Virginia’s 

general conformity SIP revision 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: December 19, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(c) is amended by revising the heading 

of 45 CSR Series 35 and by: 

■ a. Revising the entries for 45–35–1 

through 45–35–4; and 

■ b. Adding a new entry in numerical 

order for 45–35–5. 

The revised and added text reads as 

follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation Title/subject 

State 

effective 

date 

EPA approval date 

Additional 

explanation/ 

citation at 40 

CFR 52.2565 

*******

[45 CSR] Series 35 ........................ Determining Conformity of General Federal Actions to Applicable Implementation Plans (General Conformity) 

Section 45–35–1 ............................ General .......................................... 6/1/12 1/22/13 [Insert page number where 

the document begins].

Section 45–35–2 ............................ Definitions ...................................... 6/1/12 1/22/13 [Insert page number where 

the document begins].

Section 45–35–3 ............................ Requirements ................................. 6/1/12 1/22/13 [Insert page number where 

the document begins].

Section 45–35–4 ............................ Adoption of Requirements ............. 6/1/12 1/22/13 [Insert page number where 

the document begins].

Section 45–35–5 ............................ Inconsistency Between Rules ........ 6/1/12 1/22/13 [Insert page number where 

the document begins].

* * * * * 

[FR Doc. 2013–00710 Filed 1–18–13; 8:45 am] 

BILLING CODE 6560–50–P 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Rules and Regulations 4337 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0710; FRL–9770–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Infrastructure and Interstate 

Transport Requirements for the 2006 

PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the 

submittal from the State of New Mexico 

pursuant to the Clean Air Act (CAA or 

Act) that addresses the infrastructure 

elements specified in the CAA 

necessary to implement, maintain, and 

enforce the 2006 fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS or standard). The 

submittal addresses the infrastructure 

elements specified in the CAA 

necessary to implement, maintain and 

enforce the 2006 PM2.5 NAAQS. We find 

that the current New Mexico State 

Implementation Plan (SIP) contains the 

infrastructure elements for the 2006 

PM2.5 NAAQS. 

DATES: This final rule is effective on 

February 21, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2009–0710. 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. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page 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. 

John Walser, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7128; fax number 

214–665–6762; email address 

walser.john@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 October 12, 

2012 proposal (77 FR 62191). In that 

notice we proposed to approve the 

submittal from New Mexico that 

addresses the infrastructure elements 

specified in the CAA section 110(a)(2), 

necessary to implement, maintain, and 

enforce the 2006 PM2.5 standards. The 

submittal is dated June 12, 2009. We 

proposed to find that the following 

section 110(a)(2) elements are contained 

in the current New Mexico SIP and 

provide the infrastructure for 

implementing the 2006 PM2.5 standards: 

Emission limits and other control 

measures (section 110(a)(2)(A)); ambient 

air quality monitoring/data system 

(section 110(a)(2)(B)); the program for 

enforcement of control measures 

(section 110(a)(2)(C)); international and 

interstate pollution abatement (section 

110(a)(2)(D)(ii)); adequate resources 

(section 110(a)(2)(E)); stationary source 

monitoring system (section 110(a)(2)(F)); 

emergency power (section 110(a)(2)(G)); 

future SIP revisions (section 

110(a)(2)(H)); consultation with 

government officials (section 

110(a)(2)(J)); public notification (section 

110(a)(2)(J)); prevention of significant 

deterioration (PSD) and visibility 

protection (section 110(a)(2)(J)); air 

quality modeling data (section 

110(a)(2)(K)); permitting fees (section 

110(a)(2)(L)); and consultation/ 

participation by affected local entities 

(section 110(a)(2)(M)). 

In addition, we proposed to find that 

New Mexico has adequately addressed 

one of the four required elements (or 

prongs) of CAA section 110(a)(2)(D)(i), 

the element which requires that the SIP 

prohibit air emissions from sources 

within a state from interfering with 

measures required to prevent significant 

deterioration of air quality in any other 

state. We are determining that emissions 

from sources in New Mexico (excluding 

Bernalillo County and Indian country) 

do not interfere with measures to 

prevent significant deterioration of air 

quality in any other state for the 2006 

PM2.5 NAAQS (CAA section 

110(a)(2)(D)(i)(II)). 

Our October 12, 2012 proposal 

provides a detailed description of all 

relevant submittals and the rationale for 

EPA’s proposed actions, together with a 

discussion of the opportunity to 

comment. The public comment period 

for this action closed on November 13, 

2012, and we did not receive any 

comments. In a separate concurrent 

action also dated October 12, 2012, EPA 

proposed approval of SIP revisions that 

revised the state’s PSD and 

Nonattainment New Source Review 

(NNSR) permitting regulations to 

address the requirements necessary to 

implement the 2006 PM2.5 NAAQS (see 

Docket ID EPA–R06–OAR–2011–033). 

That action will be finalized on or 

before this final action to allow full 

approval of the CAA section 110(a)(2)(c) 

infrastructure requirements. 

II. Final Action 

We are approving the submittal 

provided by the State of New Mexico to 

demonstrate that the New Mexico SIP 

meets the infrastructure elements for the 

2006 PM2.5 NAAQS listed below: 

Emission limits and other control 

measures (110(a)(2)(A) of the Act); 

Ambient air quality monitoring/data 

system (110(a)(2)(B) of the Act); 

Program for enforcement of control 

measures (110(a)(2)(C) of the Act); 

Interstate and international transport 

(110(a)(2)(D)(ii) of the Act); 

Adequate resources (110(a)(2)(E) of the 

Act); 

Stationary source monitoring system 

(110(a)(2)(F) of the Act); 

Emergency power (110(a)(2)(G) of the 

Act); 

Future SIP revisions (110(a)(2)(H) of the 

Act); 

Consultation with government officials 

(110(a)(2)(J) of the Act); 

Public notification (110(a)(2)(J) of the 

Act); 

Prevention of significant deterioration 

and visibility protection (110(a)(2)(J) 

of the Act); 

Air quality modeling data (110(a)(2)(K) 

of the Act); 

Permitting fees (110(a)(2)(L) of the Act); 

and 

Consultation/participation by affected 

local entities (110(a)(2)(M) of the Act). 


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