Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35273 

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. 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.T09–0492 to read as 

follows: 

§ 165.T09–0492 Safety Zone; NOAA Vessel 

Rueben Lasker Launch, Marinette, 

Wisconsin. 

(a) Location. This safety zone 

encompasses all U.S. navigable waters 

of the Menominee River, in the vicinity 

of Marinette Marine Corporation, 

between the Bridge Street Bridge located 

in position 45°06′12′′ N, 087°37′34′′ W 

and a line crossing the river 

perpendicularly passing through 

position 45°05′57′′ N, 087°36′43′′ W, in 

the vicinity of the Ansul Company. 

(DATUM: NAD 83). 

(b) Effective and enforcement period. 

This rule is effective and will be 

enforced from 10:30 a.m. to 12:00 p.m. 

on June 16, 2012. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. 

(3) The ‘‘designated representative’’ of 

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The on-scene 

representative of the Captain of the Port, 

Sector Lake Michigan, will be aboard 

either a Coast Guard or Coast Guard 

Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Sector Lake Michigan, or his 

or her on-scene representative. 

Dated: June 1, 2012. 

M.W. Sibley, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2012–14468 Filed 6–12–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R06–OAR–2005–NM–0008; FRL– 

9684–5] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Minor New Source Review (NSR) 

Preconstruction Permitting Rule for 

Cotton Gins 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve a revision to the 

applicable minor New Source Review 

(NSR) State Implementation Plan (SIP) 

for New Mexico submitted by the state 

of New Mexico on April 25, 2005, 

which incorporates a new regulation 

related to minor NSR preconstruction 

permitting for particulate matter 

emissions from cotton ginning facilities. 

The submitted Cotton Gin regulation 

provides an alternative preconstruction 

process for cotton ginning facilities that 

will emit no more than 50 tons per year 

of particulate matter. The new 

regulation prescribes, at a minimum, 

best technical control equipment 

standards, opacity limitations, and 

fugitive dust management plan 

requirements to minimize particulate 

matter emissions and establishes a 

minimum setback distance from the gin 

to the property line. EPA has 

determined that this SIP revision 

complies with the Clean Air Act and 

EPA regulations and is consistent with 

EPA policies. This action is being taken 

under section 110 of the Act. 

DATES: This direct final rule is effective 

on August 13, 2012 without further 

notice, unless EPA receives relevant 

adverse comment by July 13, 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–0008, 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–0008. 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 


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35274 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 

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, 1301 

Siler Road, Building B, 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 25, 2005, SIP Revision Submittal 

B. What is the Cotton Gin regulation? 

III. EPA’s Evaluation 

A. Technical Review of April 25, 2005, SIP 

Revision Submittal 

B. CAA 110(l) Analysis 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

We are taking direct final action to 

approve a revision to the applicable 

minor New Source Review (NSR) State 

Implementation Plan (SIP) for New 

Mexico submitted by the state of New 

Mexico on April 25, 2005, which 

incorporates a new regulation related to 

minor NSR preconstruction permitting 

for cotton ginning facilities that are 

minor stationary sources with 

particulate matter emissions no more 

than 50 tons per year. The April 25, 

2005, SIP submittal includes the 

incorporation of the new Cotton Gin 

regulation in 20.2.66 of the New Mexico 

Administrative Code (NMAC), also 

known as Part 66. 

Our technical analysis of the April 25, 

2005, SIP rule revision submittal has 

found that the new Part 66, containing 

the Cotton Gin regulation, meets the 

CAA and 40 CFR Part 51. Therefore, 

EPA is taking direct final action to 

approve the incorporation of 20.2.66 

NMAC, as submitted on April 25, 2005, 

into the New Mexico minor NSR SIP. 

We provide a summary of the reasoning 

comprising our evaluation in this 

rulemaking, as well as, a more detailed 

evaluation and analysis in the Technical 

Support Document (TSD) for this 

rulemaking. 

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 TSD, we 

are finding this action noncontroversial 

because the Cotton Gin regulation is an 

established limited-scope regulation 

providing an alternative minor NSR 

preconstruction permitting approach for 

cotton ginning facilities that are minor 

stationary sources of particulate matter 

emissions. 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 August 13, 

2012 without further notice unless we 

receive relevant adverse comment by 

July 13, 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 25, 2005, SIP Revision 

Submittal 

On April 25, 2005, the Governor of 

New Mexico submitted a revision to 

incorporate 20.2.66 NMAC—Cotton 

Gins into the New Mexico SIP. This 

submittal includes the following: 

• Addition of the following sections: 

20.2.66.1 NMAC—Issuing Agency; 

20.2.66.2 NMAC—Scope; 20.2.66.3 

NMAC—Statutory Authority; 20.2.66.4 

NMAC—Duration; 20.2.66.5 NMAC— 

Effective Date; 20.2.66.6 NMAC— 

Objective; 20.2.66.7 NMAC— 

Definitions; 20.2.66.9 NMAC— 

Documents; 20.2.66.200 NMAC— 

Issuance of Permit under 20.2.72 

NMAC; 20.2.66.201 NMAC—Permit 

Application Requirements; and 

20.2.66.202 NMAC—Permit 

Requirements. 

• Portions of the New Mexico Air 

Quality Control Act (AQCA), 

specifically the 2003 amendments to 

Section 74–2–7(C) and (O), related to 

permit issuance for cotton ginning 

facilities, as evidence of the legal 

authority for the State to adopt 20.2.66 

NMAC—Cotton Gins. 

A summary of EPA’s evaluation of the 

Cotton Gin regulation and the basis for 

this action is discussed in section III of 

this preamble. The TSD includes a 

detailed evaluation of the April 25, 

2005, SIP submittal. 

B. What is the Cotton Gin regulation? 

The Cotton Gin regulation, found in 

Part 66, provides an alternative process 

for owners and operators of cotton 

ginning minor stationary sources, as 

defined in Part 66, to obtain a minor 

NSR preconstruction permit for 

particulate matter emissions. The New 

Mexico Environmental Department 

(NMED) adopted 20.2.66 NMAC in 


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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35275 

response to 2003 amendments to the 

New Mexico Air Quality Control Act 

(AQCA), specifically, amendments to 

Sections 74–2–7(C) and (O). Sources 

that meet the cotton ginning facility 

definition defined in 20.2.66.7(C) and 

that elect to apply for a minor NSR 

preconstruction permit under Part 66, 

must meet the source-specific 

requirements contained in the Part, 

which include application requirements 

and permit requirements. A ‘‘cotton 

ginning facility’’ is defined in Part 66 as 

‘‘any facility that separates seed, lint, 

and trash from raw cotton, and bales lint 

cotton for further processing.’’ To meet 

the definition of a ‘‘cotton ginning 

facility,’’ Part 66 also requires that the 

facility have the standard industrial 

classification code 0724 (cotton ginning) 

and the North American industrial 

standard classification code 11511 

(cotton ginning). It must also have 50 

tons per year or less of particulate 

matter emissions. A source that obtains 

a minor NSR preconstruction permit 

under Part 66 for its particulate matter 

emissions is also required to meet the 

applicable requirements contained in 

the SIP’s 20.2.72 NMAC—Construction 

Permits (Part 72) to obtain a minor 

preconstruction permit for its other 

emissions. 

Part 66 specifies permit application 

requirements, particulate matter 

emission control requirements, opacity 

limitations, fugitive dust plan 

requirements, operating and location 

restrictions, and inspection and 

recordkeeping requirements for cotton 

ginning facilities seeking a minor 

preconstruction permit under 20.2.66 

NMAC. The ‘‘best system’’ to minimize 

particulate matter emissions was 

determined by NMED to be, at a 

minimum, technical control standards 

such as screens with a mesh size of 70 

by 70 or finer (United States sieve) on 

low-pressure exhausts, and highefficiency cyclone dust collectors on 

high-pressure exhausts. These control 

standards minimize particulate matter 

emissions. The new regulation also 

establishes minimum setback distance 

requirements for facilities obtaining a 

minor NSR preconstruction permit 

under Part 66. These requirements are 

specific to the control of emissions and 

minimization of impacts from 

particulate matter emissions from cotton 

gins emitting 50 tons per year or less, 

including particulate matter less than 10 

microns in diameter (PM10) and 

particulate matter less than 2.5 microns 

in diameter (PM2.5). All other criteria 

pollutant emissions from cotton gins are 

required to be addressed via the 

requirements of the Part 72 

preconstruction minor NSR permitting 

program that already is in the New 

Mexico SIP. 

III. EPA’s Evaluation 

A. Technical Review of April 25, 2005, 

SIP Revision Submittal 

The April 25, 2005, SIP revision 

submitted by New Mexico to 

incorporate Part 66 in the State’s minor 

NSR SIP establishes an alternative 

minor NSR preconstruction permitting 

approach for cotton gins that are minor 

sources of 50 tons per year or less of 

particulate matter emissions. The 

alternative minor NSR preconstruction 

permitting process contained in the 

Cotton Gin regulation provides cotton 

ginning facilities with an option to 

obtain a minor NSR preconstruction 

permit via the current minor NSR SIP’s 

preconstruction case-by-case permitting 

program (Part 72) for all its emissions or 

to obtain a SIP Part 72 minor NSR 

preconstruction permit for all of its 

emissions except for its particulate 

matter emissions, for which it can 

obtain a minor NSR preconstruction 

permit via the alternative process 

contained in Part 66. As previously 

mentioned, those cotton gin sources 

obtaining a minor NSR permit under 

Part 66 for their particulate matter 

emissions must also meet the applicable 

requirements of the SIP’s Part 72 for all 

their other emissions. The Part 66 minor 

NSR preconstruction permitting process 

addresses particulate matter emissions 

from minor source cotton gins without 

requiring an air quality impact analysis 

demonstration, while the SIP’s Part 72 

rule addresses case-by-case 

preconstruction permitting 

determinations for all sources for all 

emissions and requires an analysis of 

the predicted air quality impact that 

generally is met by air dispersion 

modeling. As discussed later, EPA is 

finding that the submitted Part 66 is 

protective of the NAAQS and therefore 

no case-by-case air quality impact 

analysis is required for cotton gins 

covered under this rule. 

As detailed in the TSD, the April 25, 

2005, SIP submittal meets the 

completeness criteria established in 40 

CFR part 51, Appendix V. In addition to 

the completeness review, the Cotton Gin 

regulation SIP submittal was evaluated 

against the applicable requirements 

contained in the Act and 40 CFR part 

51. Section 110(a)(2)(C) of the Act 

requires, in part, that each 

implementation plan include a program 

to regulate the construction and 

modification of stationary sources, 

including a permit program as required 

by parts C and D of Title I of the Act, 

as necessary to assure that the NAAQS 

are achieved. Parts C and D, which 

pertain to prevention of significant 

deterioration (PSD) and nonattainment, 

respectively, address major NSR 

programs for stationary sources, and the 

permitting program for ‘‘nonmajor’’ (or 

‘‘minor’’) stationary sources is also 

addressed by section 110(a)(2)(C) of the 

Act. We generally refer to the latter 

program as the ‘‘minor NSR’’ program. 

A minor stationary source is a source 

whose ‘‘potential to emit’’ is lower than 

the major source applicability threshold 

for a particular pollutant defined in the 

applicable major NSR program. 

EPA’s implementing regulations for 

minor NSR SIP revision submissions 

required by section 110(a)(2)(C) are 

found at 40 CFR 51.160 and are 

intended to ensure that new source 

growth is consistent with maintenance 

of the NAAQS. Therefore, we evaluated 

the submitted new rule using the federal 

regulations under CAA section 

110(a)(2)(C), which require each State to 

include a minor NSR program in its SIP. 

EPA regulations require that a minor 

NSR program include: 

• A plan that ‘‘must set forth legally 

enforceable procedures that enable’’ the 

permitting agency to determine whether 

a minor source will cause or contribute 

to a violation of applicable portions of 

the control strategy, 40 CFR 

51.160(a)(1), or interference with 

attainment or maintenance of a NAAQS 

within the state or a neighboring state, 

40 CFR 51.160(a)(2). 

• The procedures must provide for 

the submission, by the applicant, of 

such information on: 

(1) The nature and amounts of 

emissions to be emitted by it or emitted 

by associated mobile sources; 

(2) The location, design, construction, 

and operation of such facility, building, 

structure, or installation as may be 

necessary to permit the State or local 

agency to make the determination 

referred to in paragraph (a) of this 

section, 40 CFR 51.160(c) . 

• The procedures must identify types 

and sizes of affected entities subject to 

review and must discuss ‘‘the basis for 

determining which facilities will be 

subject to review,’’ 40 CFR 51.160(e). 

The provisions contained in the 

Cotton Gin regulation SIP submittal 

meet the requirements in 40 CFR 

51.160(a)(1) and (2) that each plan 

include legally enforceable procedures 

to determine whether the construction 

or modification of a facility, building, 

structure, or installation, or the 

combination of these will result in: (1) 

A violation of the applicable portions of 

the control strategy; or (2) interference 

with attainment or maintenance of a 


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35276 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 

1Under 20.2.72.218 NMAC, any credible 

evidence may be used for the purpose of 

establishing whether a person has violated or is in 

violation of the terms or conditions of the permit. 

This enforcement measure applies notwithstanding 

any other provisions in the New Mexico SIP. 

national standard in the state in which 

the proposed source (or modification) is 

located or in a neighboring state. See 

our TSD and section III.B of this notice 

for more details regarding how the 

Cotton Gin regulation complies with 

these requirements. 

The Cotton Gin regulation SIP 

revision also meets the 40 CFR 51.160(c) 

requirements by requiring sources that 

apply for a minor NSR preconstruction 

permit using the alternative approach 

contained in Part 66 to provide 

information regarding the nature and 

amounts of emissions to be emitted and 

the location, design, construction, and 

operation of the facility in accordance 

with permit application requirements 

contained in Part 72. The minor NSR 

preconstruction permitting program 

contained in Part 72 is already part of 

the New Mexico SIP. The permit 

application content requirements are 

contained in Section 203 of Part 72 and 

are referenced as requirements of Part 

66 in Section 201(A) of that Part. 

The April 25, 2005, SIP revision also 

meets the 40 CFR 51.160(e) 

requirements by identifying the type of 

facility that will be subject to review 

under 40 CFR 51.160(a). New Mexico 

specifically identified that cotton 

ginning facilities meeting the definition 

contained in Part 66 may elect to utilize 

the alternative minor NSR permitting 

process contained in the Cotton Gin 

regulation. This includes the 

requirement that the cotton gin be a 

minor stationary source emitting 50 tons 

per year or less of particulate matter. 

The major source threshold for 

particulate matter for cotton ginning 

facilities is 250 tons per year. Cotton 

ginning facilities not meeting the 

definition are not allowed to utilize the 

alternative minor NSR permitting 

approach contained in Part 66. See the 

TSD for more details regarding our 

technical review of the April 25, 2005, 

SIP revision submittal. 

40 CFR 51.160 requires that the minor 

NSR SIP revision submittal be 

enforceable. In particular, 40 CFR 

51.160(a) requires that the SIP revision 

be enforceable in order to ensure that 

the issuance of the minor NSR permit 

will not cause or contribute to a 

violation of any SIP control strategy and 

will not interfere with attainment and 

maintenance of the NAAQS. The 

September 23, 1987, Memorandum from 

J. Craig Potter, Assistant Administrator 

for Air and Radiation, and Thomas L. 

Adams Jr., Assistant Administrator for 

Enforcement and Compliance 

Monitoring, entitled ‘‘Review of State 

Implementation Plans and Revisions for 

Enforceability and Legal Sufficiency’’ 

provides EPA’s guidance for assessing 

whether a SIP revision submittal is 

sufficiently enforceable. We find that 

the new regulation meets the 

requirements of section 40 CFR 

51.160(a), which requires that SIP 

revision submittals be enforceable. The 

submitted regulation specifically 

identifies the covered source; ensures 

that the permit issued by NMED will 

contain specific limits to ensure that the 

cotton gin’s potential to emit remains 

below major source thresholds for 

particulate matter emissions; and 

includes monitoring, recordkeeping, 

and reporting (MRR) provisions that 

establish how compliance will be 

determined and ensure that the PM10

and PM2.5 NAAQS are protected. For 

these reasons, EPA finds that the 

submitted regulation will ensure 

attainment and maintenance of the 

particulate matter NAAQS and will 

prevent violations of any of the New 

Mexico SIP’s control strategies. Under 

this submitted regulation, the State is 

able to determine if there will be an 

adverse impact on air quality. 

EPA has recognized, for certain 

classes of sources, that it is appropriate 

for states to establish enforceable 

emission limits that serve to limit 

potential to emit through exclusionary 

rules that apply to certain source 

categories. See, Memorandum from D. 

Kent Berry, Acting Director, Air Quality 

Management Division, Office of Air 

Quality Planning and Standards 

(OAQPS) entitled ‘‘Guidance for State 

Rules for Optional FederallyEnforceable Emissions Limits Based on 

Volatile Organic Compound Use,’’ dated 

October 15, 1993; See also, 

Memorandum from John Seitz, Director, 

OAQPS entitled ‘‘Approaches to 

Creating Federally-Enforceable Emission 

Limits,’’ dated November 3, 1993. EPA 

also issued a guidance memorandum 

that provides guidance for addressing 

the minor source status under the Act 

for lower-emitting sources in eight 

source categories, including cotton gins. 

See, April 14, 1998, Memorandum 

entitled, ‘‘Potential to Emit (PTE) 

Guidance for Specific Source 

Categories’’ (hereinafter the 1998 

memoranda). It provides technical 

information useful in devising 

practicable enforceable PTEs for small 

sources and identifies sources that are 

‘‘true minors.’’ 

Although not an exclusionary rule, 

the practicable enforceability criteria in 

the guidance memoranda serve as a way 

to measure whether the submitted 

regulation is practicably enforceable and 

therefore can ensure that issuance of the 

minor NSR permit will not cause or 

contribute to a violation of any SIP 

control strategy and will not interfere 

with attainment and maintenance of the 

NAAQS. The submitted regulation 

clearly identifies the category of sources 

that qualify for coverage. Moreover, EPA 

has found that cotton gins are 

technically justified for a streamlined 

approach (the 1998 memoranda). The 

regulation provides that a source notify 

the State of its coverage under the 

regulation by submitting a 

preconstruction application. The 

application must propose maximum 

allowable annual and hourly emissions 

and include proposed limitations to 

hours of operation and other limitations 

that will result in allowable emissions 

of no more than 50 tons per year. The 

NMED is authorized to modify any of 

the proposed limitations and controls to 

be more stringent, as necessary to 

ensure that applicable requirements are 

met. Therefore, the regulation ensures 

that the applicable emission limits will 

be clearly specified by the NMED in the 

issued permit. The rule also includes 

terms and conditions for monitoring, 

recordkeeping, reporting, and testing 

requirements, as appropriate. The 

applicant is required to comply with the 

limits in the Part 66 issued permit. 

Violations of the emission threshold 

imposed by the submitted regulation 

can constitute violations of permitting 

and SIP requirements.1

B. CAA 110(l) Analysis 

Section 110(l) of the Clean Air Act 

states: 

Each revision to an implementation plan 

submitted by a State under this Act shall be 

adopted by such State after reasonable notice 

and public hearing. The Administrator shall 

not approve a revision of a plan if the 

revision would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined in 

CAA section 171), or any other applicable 

requirement of this Act. 

Thus, under section CAA 110(l), this 

minor NSR SIP revision submittal must 

not interfere with attainment, 

reasonable further progress, or any other 

applicable requirement of the Act. EPA 

is approving the revision to the New 

Mexico minor NSR SIP incorporating 

the cotton gin minor NSR regulation 

because, based on our analysis, we have 

found that Part 66 does not interfere 

with attainment, reasonable further 

progress, or any other requirement of 

the Act. 

As previously stated, the provisions 

contained in Part 66 include 


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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35277 

requirements and operational 

restrictions for cotton ginning facilities 

seeking a minor NSR permit that are 

specific to the control of particulate 

matter emissions and minimization of 

impacts from those emissions. All other 

pollutants will continue to be addressed 

via the requirements of the SIP’s Part 72 

minor NSR preconstruction permitting 

program. Therefore, EPA evaluated the 

Cotton Gin regulation for its impact on 

attainment and reasonable further 

progress for PM10 and PM2.5 in a CAA 

110(l) analysis. The submitted 

regulation only affects one specific 

source category, not unrelated emission 

sources. Therefore, there will be no 

cumulative effect of numerous unrelated 

sources. Moreover, there currently are 

only four cotton gins operating in the 

State, and only one of these four 

facilities has received the alternative 

minor NSR permit for its particulate 

matter emissions. The cotton gin that 

received the alternative minor NSR 

permit for its particulate matter 

emissions is located in Dona Ana 

County, but it is outside the boundaries 

of the Anthony PM10 nonattainment 

area. All four cotton gins are minor 

stationary sources of particulate matter. 

A cotton gin obtaining a minor NSR 

permit under this new rule must meet, 

at a minimum, the technical equipment 

requirements and management practices 

in the rule. All burr hoppers must be 

completely enclosed. There can be no 

visible fugitive emissions from any 

door, vent, or window. Emissions from 

the gin yard, storage piles, roads, and 

vehicles must be controlled by watering, 

paving and cleaning, surfactants, or 

other equivalent means. There are 

opacity limitations on the cyclones, low 

pressure exhausts, and fuel-burning 

equipment. High pressure exhausts 

must be controlled by the use of a high 

efficiency cyclone dust collector and are 

subject to an opacity limitation. Low 

pressure exhausts must be controlled by 

the use of screens with a mesh size of 

70 by 70 or finer (United States sieve), 

or the use of perforated condenser 

drums with holes not exceeding 0.045 

inches in diameter and are subject to an 

opacity limitation. There must be a 

posted speed limit for all vehicles on 

unpaved haul roads and in unpaved 

yard areas of 10 miles per hour or less. 

Fuel burning equipment is limited to 

certain fuels. The NMED has the 

authority to require even more stringent 

requirements than those set forth above. 

Furthermore, under the submitted 

regulation, a cotton gin obtaining a 

minor NSR permit under this regulation 

must be located at a minimum of 10 feet 

in all directions from the facility’s 

property boundary. The cotton gin must 

also be at least 0.25 miles from any 

existing state park, recreation area, or 

school and at least three miles from any 

Class I area. The distance from the 

cotton gin to the property boundary 

must also meet minimum requirements 

based on the facility’s PM10 emissions. 

These set back distance limitations are 

based upon the allowable emissions 

rather than production rates, thereby 

encouraging gins to use more stringent 

technical controls. The NMED has the 

authority to establish a more stringent 

set back limitation in any issued permit 

under this new rule, as necessary, to 

ensure that the facility will meet all 

other applicable requirements. 

The entire state of New Mexico was 

designated attainment for the 1997 

PM2.5 NAAQS. Additionally, the entire 

state of New Mexico was designated 

attainment for the 2006 PM2.5 NAAQS. 

The only area designated nonattainment 

for the PM10 NAAQS in New Mexico is 

Anthony, which is located in Dona Ana 

County. Dona Ana County does contain 

cotton gins, but these gins are located 

outside the boundaries of the Anthony 

designated nonattainment area. In New 

Mexico’s November 8, 1991 SIP revision 

for the Anthony PM10 nonattainment 

area, the State demonstrated that PM10

emissions from existing cotton gins 

located in Dona Ana County did not 

have a significant impact on air quality 

in Anthony. As a result, New Mexico 

did not include control requirements for 

any point sources, including cotton 

gins, in its PM10 SIP revision for 

Anthony. EPA approved the PM10 SIP 

for Anthony on September 9, 1993. 

Annual emissions inventory 

information compiled by NMED for 

inventory year 2002 shows that annual 

emissions of PM10 resulting from cotton 

gins located in Dona Ana County are 

much less than the total PM10 emissions 

from both agricultural and nonagricultural emission sources in the 

county. The 2002 Dona Ana County 

emissions inventory data also shows 

that annual emissions of PM2.5 from 

cotton gins are much less that the total 

PM2.5 emissions. There also is no new 

evidence that new minor source cotton 

gins would have a significant impact on 

air quality in Anthony. There is no 

evidence of growth in cotton gins since 

1991, the date of the PM10 SIP revision 

that EPA approved; in fact, at least two 

cotton gins have permanently shut 

down. Therefore, we expect that the 

impacts of PM10 emissions from cotton 

gins on air quality in Dona Ana County, 

including in Anthony, would be small 

relative to the impacts from other 

emission sources. Ginning activity in 

New Mexico, including in Dona Ana 

County, is not expected to experience 

significant growth from current activity 

levels. When the Cotton Gin regulation 

was developed and adopted by New 

Mexico in 2005, seven commercial gins 

were registered in New Mexico, with six 

of the registered gins actually operating. 

Since 2005, three of these seven cotton 

gins have closed. Only one of the 

remaining four cotton gins is located in 

Dona Ana County. The current ginning 

capacity in New Mexico is more than 

sufficient to handle the State’s cotton 

production and annual trends show 

decreasing cotton production since the 

State’s adoption of the Cotton Gin 

regulation. Moreover, of the four 

currently operational cotton ginning 

facilities located in New Mexico, only 

one has received a permit through the 

Part 66 permitting process. Furthermore, 

if a new minor cotton gin source wished 

to construct in Dona Ana County and 

applied for a permit via the Part 66 

alternative minor NSR preconstruction 

permitting process, the permit would 

limit the emissions of PM10 or PM2.5 to 

not more than 50 tons per year. 

For all other areas of New Mexico 

located outside of the Anthony PM10

nonattainment area, the Cotton Gin 

regulation is evaluated to determine if 

the SIP revision submission will 

interfere with attainment for PM2.5 or 

PM10. As previously mentioned, based 

on the State’s current ginning capacity 

and cotton production trends, cotton 

ginning activity in New Mexico is not 

expected to experience significant 

growth from current activity levels. If a 

new minor cotton gin source is to be 

located in New Mexico, and the owner 

chooses the Part 66 alternative method, 

the cotton gin facility must apply for a 

minor NSR preconstruction permit 

under Part 66 and the permit will limit 

the emissions of particulate matter to 

not more than 50 tons per year. In 

addition, a source applying for a minor 

preconstruction permit under Part 66 is 

required to meet at a minimum the 

control requirements contained in the 

Cotton Gin regulation, which include 

control equipment requirements for 

high and low pressure exhausts, opacity 

limitations, implementation 

requirements for a fugitive dust 

management plan, fuel usage limitations 

for any fuel burning equipment, and 

location restrictions based on the 

facility’s emission rates. Prior to the 

adoption of Part 66, New Mexico did 

not have specific regulations or control 

requirements for cotton ginning 

facilities. Instead, control requirements 

for new and modified cotton ginning 

facilities were established through the 


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35278 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 

2By severable, we mean that the portions of the 

SIP revisions related to the Cotton Gin regulation 

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 of 

20.2.66 NMAC. 

existing case-by-case preconstruction 

permitting program in the SIP (Part 72 

for minor sources). The adoption of Part 

66 establishes specific control 

requirements for particulate matter 

emissions that are not contained in the 

current New Mexico SIP for cotton 

ginning facilities seeking a minor 

preconstruction permit via the 

alternative minor NSR preconstruction 

permit approach. New Mexico also 

retains the authority and procedures to 

amend the Part 66 Cotton Gin regulation 

if federal standards or requirements 

change and the Cotton Gin regulation is 

no longer adequate to ensure that 

applicable requirements are met. 

Our evaluation of the April 25, 2005, 

SIP submittal with respect to both PM10

nonattainment and attainment areas and 

to PM2.5 impacts demonstrates 

compliance with section 110(l) of the 

CAA and provides further basis for 

approval of this SIP revision. 

IV. Final Action 

EPA is taking direct final action to 

approve the revision to the New Mexico 

SIP submitted on April 25, 2005. 

Specifically, EPA is approving the 

incorporation of the new Cotton Gin 

regulation in 20.2.66 NMAC, which 

establishes an alternative minor NSR 

preconstruction permitting process for 

issuing air quality permits to cotton 

ginning facilities for particulate matter 

emissions. EPA is finding that the 

revisions to the New Mexico Air Quality 

Control Act (AQCA) contained in the 

April 25, 2005, submittal, specifically 

the 2003 amendments to Section 74–2– 

7(C) and (O), related to permit issuance 

for cotton ginning facilities, provide 

sufficient legal authority for the NMED 

to adopt and enforce the 20.2.66 NMAC. 

See 40 CFR 51.230 and 50.231. 

EPA is not acting on other severable 

portions of the April 25, 2005, SIP 

submittal.2 Specifically, EPA is not 

taking action on the revisions submitted 

on April 25, 2005, to 20.2.72 NMAC— 

Construction Permits; 20.2.73 NMAC— 

Notice of Intent and Emissions 

Inventory Requirements; and 20.2.75 

NMAC—Construction Permit Fees. 

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 August 13, 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: May 30, 2012. 

Samuel Coleman, 

Acting Regional Administrator, EPA Region 

6. 

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 GG—New Mexico 

■ 2. The table in section 52.1620(c) 

entitled ‘‘EPA Approved New Mexico 

Regulations’’ is amended by adding a 

new entry for Part 66 (20.2.66 NMAC) 

in numerical order by part number to 

read as follows. 


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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations 35279 

1 Gasoline dispensing pump vapor control 

devices, commonly referred to as ‘‘stage II’’ vapor 

recovery, are systems that control VOC vapor 

releases during the refueling of motor vehicles. This 

process takes the vapors normally emitted directly 

into the atmosphere when pumping gas and 

recycles them back into the fuel storage tank, 

preventing them from polluting the air. For more 

information on stage II vapor recovery systems, 

please see EPA’s proposed rule, ‘‘Air Quality: 

Widespread Use for Onboard Refueling Vapor 

Recovery and Stage II Waiver,’’ 76 FR 41731, at 

41734 (July 15, 2011). 

2By letter dated April 12, 2011, ADEQ 

substituted the statutes and rules in enclosures 3 

and 4 as submitted on September 21, 2009 with 

official, published versions of the same statutes and 

rules in keeping with the requirements. ADEQ did 

so in response to an EPA request for the official, 

published versions of the statutes and rules to 

comply with the requirements established by the 

Office of the Federal Register for incorporating such 

materials by reference into the Code of Federal 

Regulations. 

§ 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 66 ............................... Cotton Gins ....................... 4/7/2005 ............................ 6/13/2012 [Insert FR page 

number where document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2012–14154 Filed 6–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0717; FRL 9661–3] 

Approval and Promulgation of 

Implementation Plans; Arizona; Update 

to Stage II Gasoline Vapor Recovery 

Program; Change in the Definition of 

‘‘Gasoline’’ To Exclude ‘‘E85’’ 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act, EPA 

is taking final action to approve certain 

revisions to the Arizona State 

Implementation Plan submitted by the 

Arizona Department of Environmental 

Quality. These revisions concern 

amendments to the statutory and 

regulatory provisions adopted by the 

State of Arizona to regulate volatile 

organic compound emissions from the 

transfer of gasoline from storage tanks to 

motor vehicle fuel tanks at gasoline 

dispensing sites, i.e., stage II vapor 

recovery. The revisions also amend the 

definition of ‘‘gasoline’’ to explicitly 

exclude E85 and thereby amend the 

requirements for fuels available for use 

in the Phoenix metropolitan area as well 

as the requirements for vapor recovery. 

In approving the revisions, EPA is 

taking final action to waive the statutory 

stage II vapor recovery requirements at 

E85 dispensing pumps within the 

Phoenix metropolitan area. Lastly, EPA 

is taking final action to correct an EPA 

rulemaking that approved a previous 

version of the Arizona rules regulating 

these sources and to thereby identify the 

appropriate regulatory agency and 

specific rules that were previously 

approved and incorporated by reference 

into the Arizona State Implementation 

Plan. 

DATES: Effective Date: This rule is 

effective on July 13, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0717 for 

this action. The index to the docket is 

available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., Confidential 

Business Information). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the revisions to 

the Arizona State Implementation Plan 

submitted by the Arizona Department of 

Environmental Quality, contact Mr. 

Andrew Steckel, EPA Region IX, 75 

Hawthorne Street (AIR–4), San 

Francisco, CA 94105, phone number 

(415) 947–4115, fax number (415) 947– 

3579, or by email at 

steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. EPA’s Proposed Action 

A. The State’s Submittal 

B. Regulatory Context 

C. EPA’s Evaluation of SIP Submittal and 

Proposed Action 

D. Proposed Correction of Previous 

Rulemaking 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. EPA’s Proposed Action 

A. The State’s Submittal 

On October 3, 2011 (76 FR 61062), we 

proposed to approve a revision to the 

Arizona State Implementation Plan (SIP) 

submitted to EPA on September 21, 

2009 by the Arizona Department of 

Environmental Quality (ADEQ). The 

purpose of the SIP revision is to update 

the gasoline vapor recovery program 

that was originally submitted and 

approved by EPA in 1994 to meet 

certain applicable requirements of the 

Clean Air Act, as amended in 1990 

(CAA or ‘‘Act’’).1 The specific revisions 

include statutory provisions and 

administrative rules regulating the 

emissions of volatile organic 

compounds (VOC) due to the transfer of 

gasoline from storage tanks (typically 

underground) to motor vehicle fuel 

tanks at gasoline stations in the Phoenix 

metropolitan area. The statutory 

provisions and administrative rules are 

contained in enclosures 3 and 4 of 

ADEQ’s September 21, 2009 SIP 

revision submittal package.2

ADEQ’s submittal represents an 

update to the stage II requirements but 

is comprehensive in that the submitted 


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