12592 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 

Issued at Washington, DC, under authority 

delegated at 49 CFR part 1.101. 

Carrie Lavigne, 

Chief Counsel. 

[FR Doc. 2022–04218 Filed 3–4–22; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0167; FRL–8989–02– 

R6] 

Air Plan Approval; New Mexico; Clean 

Air Act Requirements for Emissions 

Inventory and Emissions Statement for 

Nonattainment Area for the 2015 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State 

Implementation Plan (SIP) submitted by 

the State of New Mexico to meet the 

Emissions Inventory (EI), and Emissions 

Statement (ES) requirements of the 

Federal Clean Air Act (CAA or the Act) 

for the Sunland Park ozone 

nonattainment area for the 2015 

8-hour ozone national ambient air 

quality standards (NAAQS). EPA is 

approving this action pursuant to 

section 110 and part D of the CAA and 

EPA’s regulations. 

DATES: This final rule is effective on 

April 6, 2022. 

ADDRESSES: The EPA has established a 

docket for this action, Docket No. EPA– 

R06–OAR–2020–0167 All documents in 

the docket are listed on the https://

www.regulations.gov. 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 electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nevine Salem, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–7222, salem.nevine@epa.gov. Out 

of an abundance of caution for members 

of the public and our staff, the EPA 

Region 6 office will be closed to the 

public to reduce the risk of transmitting 

COVID–19. 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 wherever 

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

the EPA. 

I. Background 

On October 15, 2021 (86 FR 57388), 

the EPA published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

New Mexico, for the approval of the 

State’s 2017 base year emission 

inventories and emissions statement 

requirements for the Sunland Park 

Sunland Park marginal ozone 

nonattainment area for the 2015 ozone 

NAAQS. The background for this action 

and rational for EPA’s proposed action 

are explained in the NPRM and will not 

be restated here. One anonymous 

comment was received during the 

public comment period which ended on 

November 15, 2021. 

II. Response to Comments 

Comment: The commenter believes 

that New Mexico is doing its best in 

implementing regulations promulgated 

by the EPA under the CAA. The 

commenter inquired about EPA’s 

procedure for enforcing the CAA 

regulations, and expressed concern that 

the clean air policy would fail without 

the collective actions of other states. 

Response: We appreciate the 

commenter’s perspective that New 

Mexico is doing its best in 

implementing CAA regulations 

promulgated by the EPA. However, the 

issues raised by the commenter are 

outside the scope of this action. This 

action is limited to the approval of the 

Emissions Inventory and Emissions 

Statement requirements for the 2015 8- 

hour ozone NAAQS submitted by the 

state of New Mexico, for the Sunland 

Parkozone nonattainment area, New 

Mexico, under the CAA. 

The CAA establishes a comprehensive 

program for controlling and improving 

the nation’s air quality through state and 

federal regulation. This comprehensive 

program is based on cooperative 

federalism that divides responsibilities 

between the EPA and the states. Under 

the CAA, the EPA establishes the 

national air quality standards, and the 

states are primarily responsible for 

implementing those standards, with 

oversight from EPA. 

Upon the promulgation or revision of 

a NAAQS by the EPA, each state is 

required to submit a state 

implementation plan (SIP). The SIP 

provides the ‘‘implementation, 

maintenance, and enforcement’’ of the 

NAAQS, and must ‘‘contain adequate 

provisions’’ prohibiting air emissions in 

amounts that contribute significantly to 

nonattainment or that interfere with the 

maintenance of the NAAQS in 

neighboring states. 42 U.S.C. 

7410(a)(2)(D)(i)(I). Where a state fails to 

submit all or a portion of a SIP as 

required by the CAA, or where the EPA 

disapproves a SIP as not meeting the 

CAA requirements, the EPA will assert 

federal oversight authority and develop 

a federal implementation plan (FIP) for 

the state. It may also develop a FIP for 

tribal lands if a tribe elects not to 

develop their own implementation plan, 

as appropriate. 

The applicable state and the EPA both 

have authority to bring enforcement 

actions for violations of federallyapproved SIPs. Members of the public 

can also file citizen suits under the CAA 

to address violations of SIPs. For more 

details on Air Quality Implementation 

Plans please visit https://www.epa.gov/ 

air-quality-implementation-plans. 

III. Final Action 

EPA is approving the New Mexico SIP 

revisions submitted on September 10, 

2020 to address the emissions inventory 

and emissions statement requirements 

for the Sunland Park area for the 2015 

ozone NAAQS. The emissions inventory 

we are approving is listed in Table 1 of 

the NPRM. We are approving the 

emissions inventory because it contains 

a comprehensive, accurate, and current 

inventory of actual emissions for all 

relevant sources in accordance with 

CAA sections 172(c)(3) and 182(a)(1) 

requirements. We are also approving the 

New Mexico emission statement 

because it includes the approved 

provision addressing the emission 

statement requirement in CAA section 

182(a)(3)(B). New Mexico adopted the 

emission inventories consistent with the 

requirement for reasonable public notice 

and opportunity for a public hearing. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely proposes to approve 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, 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations 12593 

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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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 proposed 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 

Start Printed Page 11875 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 6, 2022. 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, Nitrogen dioxide, Ozone, 

Reporting and record keeping 

requirements, Volatile organic 

compounds. 

Dated: February 28, 2022. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 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 GG—New Mexico 

■ 2. In § 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 ‘‘2017 

Emissions Inventory and Emissions 

Statement for the 2015 Ozone NAAQS’’ 

at the end of the table to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

2017 Emissions Inventory and 

Emissions Statement for the 

2015 Ozone NAAQS.

Sunland Park ozone nonattainment area.9/20/2020 3/7/2022 [Insert Federal Register 

citation].

[FR Doc. 2022–04525 Filed 3–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R09–UST–2022–0197; FRL–9571–01– 

R9] 

Approval of State Underground 

Storage Tank Program Revisions; 

Hawaii 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of final 

determination on the State of Hawaii’s 

application for final approval. 

SUMMARY: Hawaii has applied to the 

Environmental Protection Agency (EPA) 

for updated approval of changes made 

to its Underground Storage Tank 

Program under the Resource 

Conservation and Recovery Act, as 

amended, since the previous approval of 

Hawaii’s Underground Storage Tank 

Program in September 2002. The EPA 

has reviewed Hawaii’s application and 


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