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[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Rules and Regulations]               
[Page 48860-48864]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au10-4]                         

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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.

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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.

[[Page 48861]]

    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 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 
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 emissions-
related 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, 2011\1\.
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    \1\ Notice 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.
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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.

[[Page 48862]]

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

[[Page 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.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. The table in Sec.  52.1620(c) entitled ``EPA Approved New Mexico 
Regulations'' is amended by:
0
a. Revising the entry for Part 1 under New Mexico Administrative Code 
(NMAC) Title 20--Environment Protection, Chapter 2--Air Quality.
0
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:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                                           EPA Approved New Mexico Regulations
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                                                                State
          State citation                Title/subject         approval/               EPA approval date                           Comments
                                                           submittal date
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                              New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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Part 1............................  General Provisions...        4/8/2010  8/12/2010 [Insert FR page number where  .....................................
                                                                            document begins].

                                                                      * * * * * * *
Part 73...........................  Notice of Intent and        4/25/2005  8/12/2010 [Insert FR page number where  .....................................
                                     Emissions Inventory                    document begins].
                                     Requirements.

                                                                      * * * * * * *
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[FR Doc. 2010-19819 Filed 8-11-10; 8:45 am]
BILLING CODE 6560-50-P
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