Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations 3883 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0033; FRL–9921–79- 

Region 6] 

Approval and Promulgation of 

Implementation Plans; State of New 

Mexico; Revisions to the State 

Implementation Plan; General 

Definitions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve revisions to the New 

Mexico State Implementation Plan (SIP) 

related to the General Definitions 

section of the New Mexico SIP that were 

submitted by the State of New Mexico 

on June 11, 2009. EPA has evaluated the 

SIP revisions for New Mexico and 

determined these revisions are 

consistent with the requirements of the 

Clean Air Act (Act or CAA). EPA is 

approving this action under section 110 

of the Act. 

DATES: This direct final rule is effective 

on March 27, 2015 without further 

notice, unless EPA receives significant 

adverse comment by February 25, 2015. 

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–2011–0033, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions. 

(2) Email: Ms. Tracie Donaldson at 

donaldson.tracie@epa.gov. 

(3) Mail or Delivery: Ms. Tracie 

Donaldson, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0033. 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 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. 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 at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tracie Donaldson, (214) 665–6633, 

donaldson.tracie@epa.gov. To inspect 

the hard copy materials, please schedule 

an appointment with Ms. Donaldson or 

Mr. Bill Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background 

A. CAA and SIPs 

B. SIP Revision Submitted on June 11, 

2009 

II. EPA’s Evaluation 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. CAA and SIPs 

Section 110 of the CAA requires states 

to develop and submit to EPA a SIP to 

ensure that state air quality meets 

National Ambient Air Quality Standards 

(NAAQS). The NAAQS currently 

address six criteria pollutants: Carbon 

monoxide, nitrogen dioxide, ozone, 

lead, particulate matter, and sulfur 

dioxide. Each federally-approved SIP 

protects air quality primarily by 

addressing air pollution at its point of 

origin through air pollution regulations 

and control strategies. EPA-approved 

SIP provisions and control strategies are 

federally enforceable. States revise the 

SIP as needed and submit revisions to 

EPA for approval. 

B. SIP Revision Submitted on June 11, 

2009 

On August 31, 2009, the New Mexico 

Environmental Improvement Board 

(EIB) adopted amendments to the New 

Mexico Administrative Code (NMAC) at 

Title 20, Chapter 2, Parts 2, 74 and 79. 

Governor Richardson submitted these 

amendments as a revision to the New 

Mexico SIP in a letter dated June 11, 

2009. 

As part of this action, EPA is 

addressing only the revisions to the 

NMAC at Title 20, Chapter 2, Part 2, 

Definitions that were contained in the 

revisions adopted on August 31, 2009. 

This includes the addition of two 

definitions: ‘‘PM2.5’’ and ‘‘PM2.5

emissions.’’ EPA is not addressing the 

revisions to Parts 74 and 79, which were 

previously addressed in a separate 

action. See 75 FR 72688. 

EPA is also taking this opportunity to 

recodify the General Definitions of the 

NMAC as part of this action. The New 

Mexico EIB adopted the recodification 

of Title 20, Chapter 2, Part 2 in 2002. 

II. EPA’s Evaluation 

As detailed in the Technical Support 

Document (TSD) accompanying this 

action, the definitions of ‘‘PM2.5’’ and 

‘‘PM2.5 emissions’’ that were submitted 

as additions to the New Mexico SIP 

have been reviewed and were found to 

be consistent with EPA’s federal 

regulations. The 2002 recodification of 

Title 20, Chapter 2, Part 2 is 

administrative in nature, does not 

contain substantive changes, and is 

approvable. 

III. Final Action 

For the reasons stated above and in 

the TSD, EPA is taking direct final 

action to approve revisions to the New 

Mexico SIP pertaining to the General 

Definitions section at NMAC, Title 20, 

Chapter 2, Part 2, Definitions, as 

adopted on August 31, 2009, and 

submitted as SIP revisions on June 11, 

2009. EPA is also approving the 

recodification of Title 20, Chapter 2, 

Part 2 adopted in 2002 as part of this 

action. 

We are approving the revisions to the 

New Mexico SIP under section 110 of 

the Act. We are publishing this rule 

without prior proposal because we view 


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3884 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations 

this as a noncontroversial amendment 

and anticipate no significant adverse 

comments. 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 

significant adverse comments are 

received. This rule will be effective on 

March 27, 2015 without further notice 

unless we receive significant adverse 

comment by February 25, 2015. If we 

receive significant 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. 

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, 

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. 

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 March 27, 2015. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: January 6, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart GG—New Mexico 

■ 2. In § 52.1620(c), the table titled 

‘‘EPA Approved New Mexico 

Regulations’’ is amended by revising the 

entry for Part 2 under ‘‘New Mexico 

Administrative Code (NMAC) Title 20— 

Environment Protection Chapter 2—Air 

Quality’’. The revision reads as follows: 

§ 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 


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Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations 3885 

EPA APPROVED NEW MEXICO REGULATIONS—Continued 

State 

citation 

Title/ 

subject 

State 

approval/effective date EPA approval date Comments 

*******

Part 2 ..... Definitions ... 8/31/2009 1/26/2015 ......................

[Insert FR page number 

where document begins].

The following definitions are state specific and are not being approved 

into the SIP: 

G. ‘‘Carbon dioxide’’ 

M. ‘‘Greenhouse gas’’ 

O. ‘‘Hydrofluorocarbons’’ 

S. ‘‘Methane’’ 

V. ‘‘Nitrous oxide’’ 

AA. ‘‘Perfluorocarbons’’ 

AN. ‘‘Sulfur hexafluoride’’ 

* * * * * * * 

[FR Doc. 2015–00774 Filed 1–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2014–0621; FRL–9921–52– 

OAR] 

RIN 2060–AS38 

Protection of Stratospheric Ozone: 

Extension of the Laboratory and 

Analytical Use Exemption for Essential 

Class I Ozone-Depleting Substances 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: This rule extends the 

laboratory and analytical use exemption 

for the production and import of class 

I ozone-depleting substances through 

December 31, 2021. The Environmental 

Protection Agency (EPA) is taking this 

action under the Clean Air Act, 

consistent with a recent decision of the 

Parties to the Montreal Protocol on 

Substances that Deplete the Ozone 

Layer. The exemption allows the 

production and import of controlled 

substances in the United States for 

laboratory and analytical uses that have 

not been already identified by EPA as 

nonessential. 

DATES: This rule is effective January 26, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2014–0621. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling by regular mail: U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205T), 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; by 

telephone: (202) 343–9055; or by email: 

arling.jeremy@epa.gov. You may also 

visit the EPA’s Ozone Protection Web 

site at www.epa.gov/ozone/

strathome.html for further information 

about EPA’s Stratospheric Ozone 

Protection regulations, the science of 

ozone layer depletion, and other related 

topics. 

SUPPLEMENTARY INFORMATION: Section 

553(d) of the Administrative Procedure 

Act (APA), 5 U.S.C. Chapter 5, generally 

provides that rules may not take effect 

earlier than 30 days after they are 

published in the Federal Register. EPA 

is issuing this final rule under section 

307(d)(1) of the Clean Air Act, which 

states: ‘‘The provisions of section 553 

through 557 . . . of Title 5 shall not, 

except as expressly provided in this 

section, apply to actions to which this 

subsection applies.’’ Thus, section 

553(d) of the APA does not apply to this 

rule. EPA is nevertheless acting 

consistently with the policies 

underlying APA section 553(d) in 

making this rule effective on January 26, 

2015. APA section 553(d) allows an 

effective date less than 30 days after 

publication for a rule that ‘‘that grants 

or recognizes an exemption or relieves 

a restriction.’’ 5 U.S.C. 553(d)(1). Since 

today’s action grants an exemption for 

limited laboratory and analytical uses 

from the general prohibition on 

production or import of Class I ozone 

depleting substances after their 

phaseout dates, EPA is making this 

action effective immediately upon 

publication. 

I. General Information 

A. Does this action apply to me? 

Entities potentially regulated by this 

action include: (1) Pharmaceutical 

preparations manufacturing businesses 

(NAICS code 325412); (2) medical and 

diagnostic laboratories (NAICS code 

621511); (3) research and development 

in the physical, engineering, and life 

sciences (NAICS code 54171); and (4) 

environmental consulting services 

(NAICS code 541620). This list is not 

intended to be exhaustive, but rather to 

provide a guide for readers regarding 

entities likely to be regulated by this 

action. To determine whether your 

facility, company, business, or 

organization could be regulated by this 

action, you should carefully examine 

the regulations promulgated at 40 CFR 

part 82, subpart A. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding section. 

II. Extension of the Laboratory and 

Analytical Use Exemption 

The Montreal Protocol on Substances 

that Deplete the Ozone Layer (Montreal 

Protocol, or Protocol) is the 

international agreement to reduce and 

eventually eliminate the global 


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