[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82508-82510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23339]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2023-0648; FRL-11992-02-R6]


Air Plan Approval; New Mexico; Periodic Emission Inventory SIP 
for Sunland Park Nonattainment Area for 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving State Implementation 
Plan (SIP) revisions related to the 2015 8-hour ozone National Ambient 
Air Quality Standards (NAAQS).

DATES: This rule is effective on November 12, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2023-0648. All documents in the docket are 
listed on the https://www.regulations.gov website. 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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-7222, <a href="/cdn-cgi/l/email-protection#a0d3c1ccc5cd8ecec5d6c9cec5e0c5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="7d0e1c1118105313180b1413183d180d1c531a120b">[email protected]</span></a>. 
We encourage the public to submit comments via https://www.regulations.gov. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

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

I. Background

    On July 3, 2024 (89 FR 55136), the EPA published a Notice of 
Proposed Rulemaking (NPRM) for the State of New Mexico. The NPRM 
proposed approval of the state's periodic emissions inventory for 
Sunland Park, Do[ntilde]a Ana County, New Mexico marginal nonattainment 
area for the 2015 NAAQS. The background for this action and rationale 
for EPA's proposed action are explained in the NPRM and will not be 
restated here. We received a comment on our proposal from the New 
Mexico Environmental Department (NMED). Our response to the comment 
follows.

II. Response to Comments

    We received one comment from the NMED regarding an inadvertent 
typographical error in the NPRM--in tables 1 and 2 that summarized the 
NO<INF>X</INF> and VOC emissions in Sunland Park, Do[ntilde]a Ana 
County, New Mexico. The ozone season daily emissions (lb/day) column in 
the NPRM showed some discrepancies from what was submitted by the 
State. In response, the EPA is making the necessary corrections in the 
updated tables 1, and 2 listed below. The corrected values in fact are 
less than what was previously listed in tables 1 and 2 of the proposed 
action. This correction does not change or affect the total 
NO<INF>X</INF> or VOC emissions in the 2020 periodic emission inventory 
for Sunland Park marginal nonattainment area for a typical ozone season 
day. Additionally, the original tables were included in the State's SIP 
revision submittal,\1\ in the rulemaking docket.
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    \1\ A copy of the SIP revision is available online at 
www.regulations.gov, Docket number EPA-R06-OAR-2023-0648.

                     Table 1--NOX Emissions Sunland Park, Do[ntilde]a Ana County, New Mexico
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                                                                                                Sunland Park, NM
                                                          Do[ntilde]a Ana    Sunland Park, NM    nonattainment
                    Source category                       County emissions    nonattainment    area ozone season
                                                               (tpy)         emissions (tpy)    daily emissions
                                                                                                    (lb/day)
----------------------------------------------------------------------------------------------------------------
Point..................................................           1,155.22             740.60           4,046.97
Nonpoint Area..........................................           1,588.62              42.01             215.22
Onroad.................................................           3,590.66             111.04             603.13
Nonroad................................................             430.87              10.49              58.42
                                                        --------------------------------------------------------

[[Page 82509]]

 
    Total..............................................           6,765.37             904.14           4,923.74
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                     Table 2--VOC Emissions Sunland Park, Do[ntilde]a Ana County, New Mexico
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                                                                                                Sunland Park, NM
                                                          Do[ntilde]a Ana    Sunland Park, NM    nonattainment
                    Source category                       County emissions    nonattainment    area ozone season
                                                               (tpy)          area emissions    daily emissions
                                                                                  (tpy)             (lb/day)
----------------------------------------------------------------------------------------------------------------
Point..................................................             114.84              41.78             228.32
Nonpoint Area..........................................          10,933.55             134.11             552.64
Onroad.................................................           1,206.00              25.41             138.49
Nonroad................................................             311.27               7.92              50.36
                                                        --------------------------------------------------------
    Total..............................................          12,565.66             209.23             969.82
----------------------------------------------------------------------------------------------------------------

    NMED had another remark stating that no public hearing was 
conducted for this rulemaking. EPA confirms that in section III of the 
proposal, we stated that ``New Mexico notified the public in both 
English and Spanish and offered the opportunity for comment and public 
hearing. A full record of public notices is included in the state's 
submittal. New Mexico did not receive any comments during the 30-day 
public comment period or request for public hearing''.

III. Final Action

    We are approving the New Mexico SIP revisions submitted on December 
20, 2023, to address the periodic ozone season daily and annual ozone 
precursor emission inventories for NO<INF>X</INF> and VOC for the 
Sunland Park, Do[ntilde]a Ana County, New Mexico, nonattainment area 
for the 2015 ozone NAAQS.

IV. Environmental Justice Considerations

    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within the 
approximate 13.86 square miles contained in the portion of the ozone 
nonattainment area within Sunland Park, New Mexico. The complete report 
is available in the public docket for this action. The Environmental 
Justice Index for eight of the twelve EJScreen indicators exceed the 
80th percentile in the United States; seven of the twelve EJScreen 
indicators exceed the 80th percentile in the State of New Mexico. Five 
of the twelve indicators exceed the 90th percentile in both the State 
of New Mexico and the United States, including indices for particulate 
matter 2.5, ozone, air toxics cancer risk, air toxics respiratory, and 
wastewater discharge. This analysis showed an approximate population of 
17,408 residents based on the 2017-2021 Census. Within this area, 
EJScreen identified that approximately 95% of the population are people 
of color with 58% identified as low income. Additionally, approximately 
34% of the population is linguistically isolated and 30% of the 
population has less than a high school education.
    This action is to approve the periodic emission inventory for 
Sunland Park 2015 ozone nonattainment area, in which updated air 
emissions data in the National Emissions Inventory (NEI) is available 
on EPA public web page. This action is not anticipated to have a 
disproportionately high or adverse human health or environmental 
effects on communities with environmental justice concerns.

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, the 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:
    <bullet> 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 14094 (88 FR 21879, April 11, 2023);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse

[[Page 82510]]

human health or environmental effects'' of their actions on communities 
with environmental justice (EJ) concerns to the greatest extent 
practicable and permitted by law. The EPA defines environmental justice 
(EJ) as ``the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies.'' The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    The New Mexico Environmental Department did not evaluate 
environmental justice considerations as part of its SIP revision 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA performed an environmental 
justice analysis, as is described above in the section titled, 
``Environmental Justice Considerations.'' The analysis was done for the 
purpose of providing additional context and information about this 
rulemaking to the public, not as a basis of the action. Due to the 
nature of the action being taken here, this action is expected to have 
a neutral to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for communities with EJ 
concerns.
    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 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 December 10, 2024. 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. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 3, 2024.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.1620 (e), the table titled ``EPA-Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is 
amended by adding the entry ``2020 Periodic Emissions Inventory 
(NO<INF>X</INF> and VOC ozone daily summer season and annual emissions) 
for the 2015 Ozone NAAQS'' at the end of the table to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                     Applicable
     Name of SIP provision          geographic or      State submittal/    EPA approval date      Explanation
                                 nonattainment area     effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2020 Periodic Emissions          Sunland Park ozone          12/20/2023   10/11/2024,         ..................
 Inventory (NOX and VOC ozone     nonattainment                            [Insert Federal
 daily summer season and annual   area.                                    Register
 emissions) for the 2015 Ozone                                             citation].
 NAAQS.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-23339 Filed 10-10-24; 8:45 am]
BILLING CODE 6560-50-P


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