36242 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations 

Article XX 

or XXI citation Title/Subject 

State 

effective 

date 

EPA Approval date 

Additional 

explanation/ 

§ 52.2063 citation 

*******

Part B—Permits Generally 

*******

2102.10 ...................... Installation Permit Application And Administration Fees.7/26/2009 6/24/2015 [Insert Federal Register citation].

*******

Part E—Source Emission and Operating Standards 

*******

Subpart 5—Open Burning and Abrasive Blasting Sources 

2105.50 (except paragraph .50.d).Open Burning ........................................ 7/26/2009 6/24/2015 [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–15458 Filed 6–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0881; A–1–FRL– 

9925–88–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Connecticut. 

The revision updates state regulations 

containing ambient air quality standards 

(AAQS) to be consistent with EPA’s 

national ambient air quality standards 

(NAAQS). The intended effect of this 

action is to approve these regulations 

into the Connecticut SIP. This action is 

being taken in accordance with the 

Clean Air Act (CAA). 

DATES: This direct final rule will be 

effective August 24, 2015, unless EPA 

receives adverse comments by July 24, 

2015. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments 

identified by Docket ID Number EPA– 

R01–OAR–2014–0881, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2014–0881,’’ 

Anne Arnold, Manager, Air Quality 

Planning Unit, Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID Number EPA–R01–OAR– 

2014–0881. 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 through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. 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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations 36243 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

In addition, copies of the state’s 

submittal are available for public 

inspection during normal business 

hours, by appointment at the state 

environmental agency: The Bureau of 

Air Management, Department of Energy 

and Environmental Protection, State 

Office Building, 79 Elm Street, Hartford, 

CT 06106–1630. 

FOR FURTHER INFORMATION CONTACT: 

David Mackintosh, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

Code OEP05–02), Boston, MA 02109– 

3912, telephone 617–918–1584, 

facsimile 617–918–0584, email 

mackintosh.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What is included in the submittal? 

IV. EPA’s Evaluation of the submittal 

V. Final Action 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving a SIP revision 

submitted by the State of Connecticut 

on April 22, 2014 concerning updates to 

Connecticut’s AAQS. The Connecticut 

AAQS, set out in Regulations of 

Connecticut State Agencies (RCSA) 

section 22a–174–24, were amended to 

be consistent with the NAAQS set out 

in the Code of Federal Regulations 

(CFR) at 40 CFR part 50. Connecticut 

also revised the definitions of ‘‘ambient 

air quality standard’’ and ‘‘PM 10’’ in 

RCSA subsections 22a–174–1(10) and 

22a–174–1(88), respectively, and 

revised references to RCSA section 22a– 

174–24 in RCSA subsections 22a–174– 

3a(k)(5) and 22a–174–28(a)(5). 

II. What is the background for this 

action? 

Section 109 of the CAA directs EPA 

to establish NAAQS requisite to protect 

public health with an adequate margin 

of safety (primary standard) and for the 

protection of public welfare (secondary 

standard). Section 109(d)(1) of the CAA 

requires EPA to complete a thorough 

review of the NAAQS at 5-year intervals 

and promulgate new standards when 

appropriate. Additionally, Section 107 

of the CAA requires the establishment of 

air quality control regions for the 

purpose of implementing the NAAQS. 

On October 17, 2006 (71 FR 61144), 

EPA revised the primary and secondary 

24-hour NAAQS for fine particulate 

matter (PM2.5) to 35 micrograms per 

cubic meter and retained the primary 

and secondary 24-hour NAAQS for 

coarse particulate matter (PM10) of 150 

micrograms per cubic meter. This final 

rule became effective on December 18, 

2006. 

On March 27, 2008 (73 FR 16436), 

EPA revised the NAAQS for ozone, 

setting the level of the primary and 

secondary 8-hour standard to 0.075 

parts per million. This final ozone 

standard rule became effective on May 

27, 2008. 

On November 12, 2008 (73 FR 66964), 

EPA revised the NAAQS for lead, 

setting the level of the primary and 

secondary standard to 0.15 micrograms 

per cubic meter and revised the 

averaging time to a rolling 3-month 

period with a maximum (not-to-beexceeded) form, evaluated over a 3-year 

period. The final lead standard rule 

became effective on January 12, 2009. 

On February 9, 2010 (75 FR 6474), 

EPA revised the NAAQS for oxides of 

nitrogen as measured by nitrogen 

dioxide (NO2). EPA established a 1-hour 

primary standard for NO2 at a level of 

100 parts per billion, based on the 3- 

year average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations, to 

supplement the existing primary and 

secondary annual standard of 53 parts 

per billion (61 FR 52852, Oct 8, 1996). 

The final NO2 rule became effective on 

April 12, 2010. 

On June 22, 2010 (75 FR 35520), EPA 

revised the NAAQS for oxides of sulfur 

as measured by sulfur dioxide (SO2). 

EPA established a new 1-hour SO2

primary standard at a level of 75 parts 

per billion, based on the 3-year average 

of the annual 99th percentile of 1-hour 

daily maximum concentrations. EPA 

also revoked both the previous 24-hour 

and annual primary SO2 standards. This 

final rule became effective on August 

23, 2010. 

On January 15, 2013 (78 FR 3086), 

EPA revised the primary PM2.5 annual 

NAAQS, lowering the standard to 12.0 

micrograms per cubic meter. The final 

rule became effective on March 18, 

2013. 

On April 22, 2014, Connecticut 

submitted a SIP revision to update its 

ambient air quality standards set out in 

RCSA section 22a–174–24, definitions 

in RCSA subsections 22a–174–1(10) and 

22a–174–1(88), and references in RCSA 

subsections 22a–174–3a(k)(5) and 22a– 

174–28(a)(5). 

On December 14, 2014, Connecticut 

withdrew RCSA subsection 22a–174– 

24(m), ambient air quality standard for 

dioxin, from its April 22, 2014 SIP 

submittal. 

III. What is included in the submittal? 

Connecticut’s April 22, 2014 SIP 

submittal includes revised RCSA 

section 22a–174–24, ‘‘Connecticut 

primary and secondary ambient air 

quality standards.’’ This regulation has 

been revised to explicitly incorporate 

the new NAAQS discussed above. 

Specifically, Connecticut adopted the 

following substantive changes: 

1. The sulfur dioxide primary 1-hour 

standard of 75 parts per billion; and 

2. The PM10 primary and secondary 

annual standard of 150 micrograms per 

cubic meter; 

3. The PM2.5 primary annual standard 

of 12.0 micrograms per cubic meter; 

4. The PM2.5 secondary annual 

standard of 15.0 micrograms per cubic 

meter; 

5. The PM2.5 primary and secondary 

24-hour standards of 35.0 micrograms 

per cubic meter; 

6. The ozone primary and secondary 

8-hour standards of 0.075 parts per 

million; 

7. The nitrogen dioxide primary 1- 

hour standard of 100 parts per billion; 

and 

8. The lead primary and secondary 

rolling 3-month average standards of 

0.15 micrograms per cubic meter. 

Connecticut’s April 22, 2014 SIP 

revision also includes Connecticut’s 

revised definitions of the terms 

‘‘ambient air quality standard’’ and ‘‘PM 

10’’ in RCSA section 22a–174–1, 

‘‘Definitions.’’ These definitions have 

been revised to reference 40 CFR part 50 

and 40 CFR part 50, appendix J, 

respectively. In addition, Connecticut’s 

SIP submittal includes minor edits to 

subsection (k)(5) of RCSA section 22a– 

174–3a, ‘‘Permit to Construct and 

Operate Stationary Sources.’’ Subsection 

(k)(5) has been updated to reference the 

defined term ‘‘AAQS.’’ Finally, in 

Connecticut’s SIP submittal, the 

definition of ‘‘control period’’ in 


wreier-aviles on DSK5TPTVN1PROD with RULES
36244 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations 

subsection (a)(5) of RCSA section 22a– 

174–28, ‘‘Oxygenated gasoline,’’ has 

been updated to reference 40 CFR part 

50. 

IV. EPA’s Evaluation of the Submittal 

Connecticut’s air quality standards 

rule, RCSA section 22a–174–24, as well 

as amendments to this rule, have been 

previously approved into the 

Connecticut SIP, with the most recent 

approval occurring on December 13, 

1985 (50 FR 50906). The other rules for 

which amendments were included in 

Connecticut’s April 24, 2014 SIP 

revision have also been previously 

approved into the Connecticut SIP, with 

the most recent approvals occurring on 

May 10, 2011 (76 FR 26933) for RCSA 

sections 22a–174–1 and 22a–174–3a, 

and on September 28, 1999 (64 FR 

67188) for RCSA section 22a–174–28. 

EPA has reviewed Connecticut’s 

revisions to its ambient air quality 

standards, definitions, and references 

and has determined they are consistent 

with the federal NAAQS in 40 CFR part 

50. Connecticut’s revised RCSA section 

22a–174–24 includes additional and 

more stringent air quality standards 

than the previous SIP-approved version 

of the rule. Thus, the revised RCSA 

section 22a–174–24 satisfies the antiback sliding requirements in Section 

110(l) of the CAA and we are approving 

Connecticut’s revised rule into the 

Connecticut SIP. 

V. Final Action 

EPA is approving, and incorporating 

into the Connecticut SIP, the following 

regulations submitted by Connecticut on 

April 22, 2014: In RCSA section 22a– 

174–1, entitled ‘‘Definitions,’’ the 

amendment of subdivisions (10) and 

(88); in RCSA section 22a–174–3a, 

entitled ‘‘Permit to Construct and 

Operate Stationary Sources,’’ the 

amendment of subdivision (k)(5); RCSA 

section 22a–174–24, entitled 

‘‘Connecticut primary and secondary 

ambient air quality standards,’’ with the 

exception of subsection (m), 

‘‘Connecticut primary ambient air 

quality standard for dioxin,’’ which 

Connecticut withdrew from its SIP 

submittal; and in RCSA section 22a– 

174–28, entitled, ‘‘Oxygenated 

Gasoline,’’ the amendment of 

subdivision (a)(5). 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve this SIP revision 

should relevant adverse comments be 

filed. This rule will be effective August 

24, 2015 without further notice unless 

the Agency receives relevant adverse 

comments by July 24, 2015. 

If the EPA receives such comments, 

then EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on August 24, 2015 and no further 

action will be taken on the proposed 

rule. 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. 

VI. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Regulations of Connecticut State 

Agencies described in the amendments 

to 40 CFR part 52 set forth below. The 

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

VII. 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, 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). 

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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations 36245 

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 24, 2015. 

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 this 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 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, Lead, 

National ambient air quality standards, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: March 26, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 H—Connecticut 

■ 2. Section 52.370 is amended by 

adding paragraph (c)(106) to read as 

follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(106) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of Energy and 

Environmental Protection on April 22, 

2014. 

(i) Incorporation by reference. 

(A) Regulations of Connecticut State 

Agencies Section 22a–174–1(10) and 

(88), as published in the Connecticut 

Law Journal on July 1, 2014, effective 

April 15, 2014. 

(B) Regulations of Connecticut State 

Agencies Section 22a–174–3a(k)(5), as 

published in the Connecticut Law 

Journal on July 1, 2014, effective April 

15, 2014. 

(C) Regulations of Connecticut State 

Agencies Section 22a–174–24, 

‘‘Connecticut primary and secondary 

ambient air quality standards,’’ with the 

exceptions of subsections (a), (c), (g), (j), 

and (m), as published in the 

Connecticut Law Journal on July 1, 

2014, effective April 15, 2014. 

(D) Regulations of Connecticut State 

Agencies (RCSA) Section 22a–174–28 

(a)(5), as published in the Connecticut 

Law Journal on July 1, 2014, effective 

April 15, 2014. 

3. In § 52.385, Table 52.385 is 

amended by adding new entries for 

existing state citations ‘‘22a–174–1’’, 

‘‘22a–174–3a’’, ‘‘22a–174–24’’, and 

‘‘22a–174–28’’ to read as follows: 

§ 52.385—EPA-approved Connecticut 

regulations. 

* * * * * 

TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut State 

citation Title/Subject 

Dates 

Federal Register 

citation 

Section 

52.370 Comments/Description Date adopted 

by State 

Date approved 

by EPA 

*******

22a–174–1 ................ Definitions ................. 04/07/14 06/24/15 [Insert Federal Register citation].(c)(106) .. Amendment of subdivisions (10) ambient air 

quality standard and 

(88) PM 10. 

* * * * * * * 

22a–174–3a .............. Permit to Construct 

and Operate Stationary Sources.

04/07/14 06/24/15 [Insert Federal Register citation].(c)(106) .. Amendment of subsection 

(k)(5) Ambient Monitoring. 

* * * * * * * 

22a–174–24 .............. Connecticut primary 

and secondary ambient air quality 

standards.

04/07/14 06/24/15 [Insert Federal Register citation].(c)(106) .. All of 22a–174–24 is approved, with the exception of subsection (m) 

Dioxin, which Connecticut withdrew from 

its SIP submittal. 

* * * * * * * 

22a–174–28 .............. SIP revision concerning 

Oxygenated Gasoline.

04/07/14 06/24/15 [Insert Federal Register citation].(c)(106) .. Amendment of subdivision (a)(5) Control period. 

* * * * * * * 


wreier-aviles on DSK5TPTVN1PROD with RULES
36246 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations 

[FR Doc. 2015–15463 Filed 6–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0270; FRL–9929–38– 

Region–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

New Mexico; Infrastructure 

Requirements for the 2008 Ozone and 

2010 Nitrogen Dioxide National 

Ambient Air Quality Standards and 

Interstate Transport of Fine Particulate 

Matter Air Pollution Affecting Visibility 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submittal 

from the State of New Mexico pertaining 

to the implementation, maintenance, 

and enforcement of the 2008 National 

Ambient Air Quality Standards 

(NAAQS or standards) for Ozone (O3) 

and the 2010 NAAQS for Nitrogen 

Dioxide (NO2). EPA is also approving 

the finding that the State of New Mexico 

meets the 2006 fine particulate matter 

(PM2.5) NAAQS requirement pertaining 

to interstate transport of air pollution 

and visibility protection. 

DATES: This final rule is effective on July 

24, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2014–0270. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, (214) 665–6454, 

fuerst.sherry@epa.gov (O3 and NO2

SIPs); or, (214) 665–6645, young.carl@

epa.gov (fine particulate matter). 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for today’s action is 

discussed in detail in our March 26, 

2015, proposal (80 FR 15963). In that 

rulemaking action, we proposed to 

approve (1) an August 27, 2013, SIP 

submittal from the State of New Mexico 

pertaining to the implementation, 

maintenance and enforcement of the 

2008 ozone NAAQS, (2) a March 12, 

2014, SIP submittal pertaining to the 

implementation, maintenance and 

enforcement of the 2008 nitrogen 

dioxide NAAQS, and; (3) that the 

November 27, 2012 and October 9, 2014 

final SIP actions pertaining to the 

interstate transport requirement for 

visibility protection meet the 

requirement for the 2006 PM 2.5 

NAAQS. The public comment period for 

the March 26, 2015, proposal (80 FR 

15963) expired on April 27, 2015, and 

we did not receive any comments 

concerning our proposal. Therefore, we 

are finalizing our proposed action. 

II. Final Action 

We are approving the (1) August 27, 

2013, SIP submittal from the State of 

New Mexico pertaining to the 

implementation, maintenance and 

enforcement of the 2008 ozone NAAQS, 

(2) March 12, 2014, SIP submittal 

pertaining to the implementation, 

maintenance and enforcement of the 

2008 nitrogen dioxide NAAQS, and; (3) 

the November 27, 2012 and October 9, 

2014 final SIP actions pertaining to the 

interstate transport requirement for 

visibility protection as meeting the 

requirement for the 2006 PM 2.5 

NAAQS. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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, 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). 

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. 


wreier-aviles on DSK5TPTVN1PROD with RULES