48860 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Rules and Regulations 

Drafting Information 

Theo Matuskowitz drafted these 

regulations under the guidance of Peter 

J. Probasco of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Additional 

assistance was provided by 

• Daniel Sharp, Alaska State Office, 

Bureau of Land Management; 

• Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; 

• Dr. Glenn Chen and Patricia 

Petrivelli, Alaska Regional Office, 

Bureau of Indian Affairs; 

• Jerry Berg, Alaska Regional Office, 

U.S. Fish and Wildlife Service; and 

• Steve Kessler, Alaska Regional 

Office, U.S. Forest Service. 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Dated: June 29, 2010. 

Polly Wheeler, 

Acting Chair, Federal Subsistence Board. 

Dated: June 30, 2010. 

Steve Kessler, 

Subsistence Program Leader, USDA–Forest 

Service. 

[FR Doc. 2010–19909 Filed 8–11–10; 8:45 am] 

BILLING CODE 3410–11–P, 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0871; FRL–9187–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Transportation Conformity 

Regulations; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On June 18, 2010 (75 FR 

34644), EPA published a direct final 

rule to approve revisions to the 

Maryland State Implementation Plan 

(SIP). The revisions amended 

Maryland’s transportation conformity 

regulations and general conformity 

regulations. EPA’s approval did not 

include Maryland’s regulation regarding 

conflict resolution associated with 

conformity determinations (COMAR 

26.11.26.06). EPA has determined that it 

cannot proceed with approval of these 

SIP revisions until and unless it also 

approves Maryland’s regulation 

regarding conflict resolution associated 

with conformity determinations. 

Therefore, EPA is withdrawing its direct 

final rule approving Maryland’s 

conformity regulations. This withdrawal 

action is being taken under section 110 

of the Clean Air Act. 

DATES: The direct final rule published at 

75 FR 34644 on June 18, 2010, is 

withdrawn as of August 12, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R03–OAR–2008–0871 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at Air Protection Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335, or by 

e-mail at kotsch.martin@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 2, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ Accordingly, the amendment to the 

table in 40 CFR 52.1070(c), published 

June 18, 2010 (75 FR 34646), is 

withdrawn as of August 12, 2010. 

[FR Doc. 2010–19812 Filed 8–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0009; FRL– 

9187–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Revisions to Emissions 

Inventory Reporting Requirements, 

and General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to approve revisions to the New 

Mexico State Implementation Plan (SIP). 

These revisions concern two separate 

actions. First, we are approving 

revisions to regulations on Emission 

Inventories (EIs) submitted by stationary 

sources of air pollutants. EIs are critical 

for the efforts of state, local, and federal 

agencies to attain and maintain the 

National Ambient Air Quality Standards 

(NAAQS) that EPA has established for 

criteria pollutants such as ozone, 

particulate matter, and carbon 

monoxide. The revisions add new 

definitions; modify existing definitions; 

and require stationary sources of air 

pollutants located in New Mexico 

outside of Bernalillo County to report 

emissions location information, PM2.5

emissions, and ammonia emissions to 

New Mexico Environment Department 

(NMED). The revisions also allow 

NMED to require speciation of 

hazardous air pollutants for emissions 

reporting. Second, we are approving 

revisions to the New Mexico 

Administrative Code (NMAC), 20.2.1 

NMAC—General Provisions. We are 

adding a new definition for Significant 

Figures into the New Mexico SIP. The 

EPA is approving these two actions 

pursuant to section 110 of the Federal 

Clean Air Act (CAA, Act). 

DATES: This direct final rule will be 

effective October 12, 2010 without 

further notice unless EPA receives 

adverse comments by September 13, 

2010. 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 No EPA–R06– 

OAR–2005–NM–0009, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

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Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Rules and Regulations 48861 

1Notice of Proposed Settlement Agreement and 

Consent Decree, 75 FR 11886, March 12, 2010, and 

http://www.regulations.gov, docket No. EPA–HQ– 

OGC–2010–0221. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2005–NM– 

0009. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. 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 e-mail 

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 docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure 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 

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. 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 or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The state submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

NMED, Air Quality Bureau, 1301 Siler 

Road, Building B, Santa Fe, New Mexico 

87507. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Emad Shahin for Emission Inventory 

inquiries, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

214–665–6717; fax number 214–665– 

7263; e-mail address 

shahin.emad@epa.gov, and Mr. Alan 

Shar for General Provisions inquiries, 

Air Planning Section (6PD–L), 

telephone 214–665–6691; fax number 

214–665–7263; e-mail address 

shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

‘‘our’’ refer to EPA. 

Outline 

I. What actions are we taking? 

II. What is a SIP? 

III. What is the background for these actions? 

IV. What is EPA’s evaluation of these 

revisions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What actions are we taking? 

A. Emission Inventories 

We are approving revisions to the 

New Mexico SIP submitted by the State 

to meet the EI requirements of the CAA. 

The revisions were submitted to EPA 

Region 6 on April 11, 2002, December 

3, 2003, and April 25, 2005. 

The revisions to part 20.2.73 NMAC 

(Notice of Intent and Emissions 

Inventory Requirements) allow NMED 

to meet EPA’s Air Emissions Reporting 

Requirements (40 CFR Part 51, Subpart 

A). In addition, the revisions will allow 

the NMED to collect more specific data 

regarding Hazardous Air Pollutants. We 

are approving these SIP revisions 

pursuant to section 110 of the CAA. The 

reporting of emissions and emissionsrelated data will help NMED to attain 

and maintain the NAAQS. See Chapter 

A of the TSD for more information. 

B. General Provisions 

We received a SIP submittal package, 

with a letter dated April 8, 2010 from 

the Governor of New Mexico on behalf 

of the NMED, concerning NMAC, Title 

20 Environment Protection, Chapter 2 

Air Quality, Part 1 General Provisions 

(20.2.1 NMAC—General Provisions). 

This submittal revises the New Mexico 

SIP by adding a new section 20.2.1.116 

Significant Figures to the existing state 

rule 20.2.1 NMAC—General Provisions. 

Adopting 20.2.1.116 Significant Figures 

should facilitate calculating air 

emissions and determining compliance 

with an emission standard. We are 

approving this SIP revision pursuant to 

section 110 of the Act. 

C. EPA’s Action 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant 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 

relevant adverse comments are received. 

This rule will be effective on October 

12, 2010 without further notice unless 

we receive relevant adverse comments 

by September 13, 2010. 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 

then address all public comments in a 

subsequent final rule based on the 

proposed rule. However, 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 

comments 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. 

Further, in accordance with a Consent 

Decree, we will finalize our action on 

the Emissions Inventory portion of this 

SIP revision no later than January 2, 

20111. 

II. What is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the NAAQS established 

by EPA. NAAQS are established under 

section 109 of the CAA, and currently 

address six criteria pollutants: carbon 

monoxide, nitrogen dioxide, ozone, 

lead, particulate matter, and sulfur 

dioxide. 

The SIP is a set of air pollution 

regulations, control strategies, other 

means or techniques, and technical 

analyses developed by the state, to 

ensure that the state meets the NAAQS. 

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48862 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Rules and Regulations 

The SIP is required by section 110 and 

other provisions of the CAA. These SIPs 

can be extensive, containing state 

regulations or other enforceable 

documents and supporting information 

such as emissions inventories, 

monitoring networks, and modeling 

demonstrations. Each state must submit 

these regulations and control strategies 

to EPA for approval and incorporation 

into the federally-enforceable SIP. Each 

federally-approved SIP protects air 

quality primarily by addressing air 

pollution at its point of origin. 

III. What is the background of these 

actions? 

A. Emission Inventory 

Emissions inventories are surveys of 

actual and/or allowable emissions of air 

pollutants in an area. Emissions 

inventories are critical for the efforts of 

state, local, and federal agencies to 

attain and maintain the NAAQS that 

EPA has established for criteria 

pollutants such as ozone, particulate 

matter, and carbon monoxide. States use 

emissions inventories submitted by 

stationary sources in developing the 

inventories required by the Clean Air 

Act. In 2005, New Mexico revised its 

SIP for air quality to amend the State 

regulations on emissions inventories 

submitted by stationary sources of air 

pollutants. The principal statutory 

authority for emissions inventory 

reporting requirements is found in 

section 110(a)(2)(F) of the Act, which 

provides that SIPs must require periodic 

reports on the nature and amounts of 

emissions and emissions-related data as 

may be prescribed by the EPA 

Administrator. 

On April 11, 2002 New Mexico 

submitted to EPA a SIP revision that 

included an amendment to the NMAC 

regulation 20.2.73, Notice of Intent and 

Emission Inventory Requirements, 

Section 7, Definitions, which revised 

the definition of ‘‘Potential Emission 

Rate’’. On December 1, 2003 submitted 

another revision to the SIP that added 

three new definitions to Section 7, and 

revised Section 20.2.73.300, Emission 

Inventory Requirements, to require 

smelters to submit an annual report of 

sulfur input in tons per year, and added 

emission tracking requirements for 

sulfur dioxide emission inventories. In 

July 2004 NMED proposed to revise the 

State’s regulations on emissions 

inventories. On April 25, 2005 New 

Mexico submitted SIP revisions that 

required sources to report emissions 

location information, PM 2.5 and 

ammonia emissions, and allowed NMED 

to require reporting of speciated 

hazardous air pollutants. 

B. General Provisions 

The purpose of the General Revisions 

(20.2.1 NMAC) is to establish general 

requirements which apply to all parts of 

Chapter 2 (20.2.1 through 20.2.99 

NMAC). We received a request to review 

and approve a revision to the General 

Provisions (20.2.1 NMAC) with a letter 

dated April 8, 2010. This submittal 

revises the New Mexico SIP by adding 

a new section, 20.2.1.116—Significant 

Figures, to the existing state rule 20.2.1 

NMAC—General Provisions. The 

previous version of the 20.2.1 NMAC— 

General Provisions was approved by 

EPA on September 26, 1997 (62 FR 

50518) at 52.1620(c)(66) effective 

November 25, 1997. We are approving 

this revision to the 20.2.1 NMAC— 

General Provisions as a direct final 

action. 

IV. What is EPA’s evaluation of these 

revisions? 

A. Emission Inventories 

New Mexico submitted revisions to 

20.2.73 NMAC for inclusion into the SIP 

that amend requirements on emissions 

inventories submitted by stationary 

sources of air pollutants located in New 

Mexico outside of Bernalillo County. 

The emissions inventory requirements 

for stationary sources of air pollutants 

were revised to (1) include reporting on 

emissions location information, PM2.5

emissions, and ammonia emissions; and 

(2) allow NMED to require speciation of 

hazardous air pollutants for emissions 

reporting. In 2002, EPA issued the 

consolidated emissions reporting rule 

(CERR), (June 10, 2002 Federal Register, 

67 FR 39602). The rule consolidated the 

various emissions reporting 

requirements that already exist into one 

place in the CFR, established new 

reporting requirements related to 

particulate matter less than or equal to 

2.5 microns (PM2.5) and regional haze, 

and established new requirements for 

the statewide reporting of area source 

and mobile source emissions. On 

December 17, 2008, EPA issued the Air 

Emissions Reporting Rule (73 FR 76539) 

which revised the emissions reporting 

requirements. The requirements can be 

found at 40 CFR 51 Subpart A. We have 

evaluated the State’s submittal and have 

determined that the revisions meet the 

applicable requirements of the CAA and 

EPA’s regulations. For more information 

on our evaluation, please see our 

Technical Support Document found in 

the electronic docket at http:// 

www.regulations.gov. 

Approval of these revisions will make 

New Mexico’s emission inventory 

requirements consistent with EPA’s Air 

Emissions Reporting Requirements and 

will make EPA’s approved SIP 

consistent with the State’s rules. 

B. General Provisions 

The revision to 20.2.1 NMAC— 

General Provisions, adds a new section 

116, which sets forth the procedure to 

properly round significant digits in an 

air emission calculation, and its 

reporting to the NMED. These 

significant figures procedures will 

clarify any confusion with regards to 

emission calculations and reporting of 

the values. Section 116 adopts the same 

significant figures procedures described 

in EPA’s June 6, 1990 Memorandum, 

from William G. Laxton, Technical 

Support Division Director to John S. 

Seitz, Stationary Source Compliance 

Division Director, entitled ‘‘Performance 

Test Calculation Guidelines.’’ A copy of 

this guidance document is available in 

the EPA docket No. EPA–R06–OAR– 

2005–NM–0009 for public inspection 

and review. These significant figures 

procedures will assist the sources in 

properly reporting air emissions, and 

assist the NMED’s personnel in 

determining sources’ compliance with 

applicable emissions limitations. This 

section should facilitate enforcement of 

the rules, and enhance the New Mexico 

SIP. 

V. Final Action 

Today we are approving revisions to 

two portions of the New Mexico SIP. 

First, we are approving revisions to 

regulations on EIs submitted by 

stationary sources of air pollutants, in 

three SIP revisions submitted on April 

11, 2002, December 1, 2003, and April 

25, 2005. The revisions add new 

definitions, modify existing definitions, 

and require stationary sources of air 

pollutants located in New Mexico 

outside of Bernalillo County to report 

emissions location to NMED. The 

revisions also allow NMED to require 

speciation of hazardous air pollutants 

for purposes of reporting. Second, we 

are approving revisions to the 20.2.1 

NMAC—General Provisions. We are also 

adding a new definition for Significant 

Figures into the New Mexico SIP, a 

revision that was submitted on April 8, 

2010. EPA is approving these two 

actions pursuant to section 110 of the 

Act. 

VI. 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 

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Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Rules and Regulations 48863 

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; 

• 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); 

• 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; and 

• Is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2) under the Congressional 

Review Act, 5 U.S.C. 801 et seq., added 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule.’’ 

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 October 12, 2010. 

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) of the Act.) 

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: August 3, 2010. 

Al Armendariz, 

Regional Administrator, 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 § 52.1620(c) entitled 

‘‘EPA Approved New Mexico 

Regulations’’ is amended by: 

■ a. Revising the entry for Part 1 under 

New Mexico Administrative Code 

(NMAC) Title 20—Environment 

Protection, Chapter 2—Air Quality. 

■ b. Revising the entry for Part 73 under 

New Mexico Administrative Code 

(NMAC) Title 20—Environment 

Protection, Chapter 2—Air Quality. 

The revisions read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED NEW MEXICO REGULATIONS

State citation Title/subject 

State 

approval/submittal date EPA approval date Comments 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality 

Part 1 ........................................... General Provisions ...................... 4/8/2010 8/12/2010 [Insert FR page 

number where document begins].

* * * * * * * 

Part 73 ......................................... Notice of Intent and Emissions 

Inventory Requirements.

4/25/2005 8/12/2010 [Insert FR page 

number where document begins].

* * * * * * * 

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48864 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–19819 Filed 8–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0035; FRL–9187–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; MN 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Minnesota’s 

request to amend its State 

Implementation Plan (SIP) for sulfur 

dioxide (SO2). The Minnesota Pollution 

Control Agency (MPCA) submitted the 

SIP revision request to EPA on 

November 23, 2009, and supplemented 

it on March 3, 2010. EPA’s approval 

revises SIP requirements applicable to 

Saint Mary’s Hospital, located in 

Rochester, Minnesota, by adding a 2500 

kilowatt (KW) reciprocating internal 

combustion engine (RICE) electric 

generator and reducing the allowable 

diesel fuel sulfur content for two 

existing RICE electric generators. The 

revision also includes administrative 

changes in the identification of 

emissions units. These revisions are 

included in a joint Title I/Title V 

document for Saint Mary’s Hospital, 

which replaces the document currently 

approved into the SIP for the facility. 

These revisions will result in reducing 

the SO2 impact in the Rochester area, 

and strengthen the existing SO2 SIP. 

DATES: This direct final rule will be 

effective October 12, 2010, unless EPA 

receives adverse comments by 

September 13, 2010. 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 No. EPA–R05– 

OAR–2010–0035, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 629–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0035. 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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 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 whose disclosure 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 www.regulations.gov or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Charles Hatten, 

Environmental Engineer, at (312) 886– 

6031 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. General Information 

II. What revision did the State request be 

incorporated into the SIP? 

III. What is EPA’s analysis of the State 

submission? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. General Information 

A. Does this action apply to me? 

This action applies only to the Saint 

Mary’s Hospital, located at 1216 Second 

St., Rochester, Minnesota (Olmsted 

County). 

B. Has public notice been provided? 

Minnesota published a public notice 

of the revisions to the SIP on August 22, 

2009. The comment period began on 

August 23, 2009, and ended on 

September 23, 2009. In the public 

notice, Minnesota stated it would hold 

a public hearing if one were requested 

during the comment period. This 

follows the alternative public 

participation process EPA approved on 

June 5, 2006 (71 FR 32274). For limited 

types of SIP revisions that the public 

has shown little interest in, a public 

hearing is not automatically required. 

Because no one requested a public 

hearing, Minnesota did not hold a 

public hearing. 

Background 

Saint Mary’s Hospital is a tertiary care 

hospital which includes several 

buildings located on a 49 acre campus. 

The Saint Mary’s Hospital is owned and 

operated by the Mayo Foundation. The 

facility is a culpable source located in 

the Rochester area’s nonattainment plan 

for the SO2 National Ambient Air 

Quality Standard (NAAQS). However, 

the area currently meets the NAAQS for 

SO2, and was officially redesignated as 

attainment on May 8, 2001. (66 FR 

14087) 

The primary emission units at the 

facility are three identical fossil fuelWReier-Aviles on DSKGBLS3C1PROD with RULES