Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 40913 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0626; FRL–9930–27– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Revisions to the Particulate Matter 

Less Than 2.5 Micrometers (PM2.5) 

Prevention of Significant Deterioration 

(PSD) Permitting Program State 

Implementation Plan (SIP) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

two revisions to the New Mexico SIP for 

the permitting of PM2.5 emissions 

submitted on May 23, 2011, and August 

6, 2014. Together, these submittals 

revise the New Mexico PSD program to 

be consistent with the federal PSD 

regulations regarding the use of a 

significant impact level (SIL) or 

significant monitoring concentration 

(SMC) for PM2.5 emissions. We are 

approving these SIP revisions to 

regulate PM2.5 emissions in accordance 

with requirements of section 110 and 

part C of the Clean Air Act. 

DATES: This rule is effective on 

September 14, 2015 without further 

notice, unless the EPA receives adverse 

comment by August 13, 2015. If the EPA 

receives relevant adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2014–0626, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions. 

• Email: Ms. Adina Wiley at 

wiley.adina@epa.gov 

• Mail: Ms. Adina Wiley, Air 

Planning Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Ste. 1200, Dallas, TX 

75202–2733. 

• Hand Delivery: Ms. Adina Wiley, 

Air Planning Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Ste. 700, Dallas, TX 

75202–2733. Such deliveries are only 

accepted during the hours between 8:00 

a.m. and 4:00 p.m. weekdays, and not 

on legal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2014– 

0626. The 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 email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. For additional 

information about the 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. 

Adina Wiley, 214–665–2115, 

wiley.adina@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Adina Wiley or Mr. 

Bill Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

A. CAA and SIPs 

Section 110 of the CAA requires states 

to develop and submit to the EPA a SIP 

to ensure that state air quality meets 

National Ambient Air Quality 

Standards. These ambient standards 

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. The EPA 

approved SIP regulations and control 

strategies are federally enforceable. 

B. Prior Federal Action 

Under Section 165 of the Clean Air 

Act, PSD permit applications must 

contain air quality monitoring data 

representing air quality in the area 

affected by the proposed source for the 

1-year period preceding receipt of the 

application. In 2010, the EPA 

promulgated regulations for PSD PM2.5

permits which included two screening 

tools: SILs and SMCs. These tools were 

established to determine whether a PSD 

permit application may be exempted 

from the 1-year air monitoring 

requirement for PM2.5 based on the 

grounds that the increase of the 

pollutant is de minimis. In response to 

a request from the EPA and a petition, 

the United States Court of Appeals for 

the District of Columbia Circuit (the 

Court) vacated and remanded to the 

EPA the portions of the 2010 PSD 

regulations establishing the PM2.5 SILs 

and SMC. 

In response to the Court’s decision, 

the EPA amended its regulations to 

remove the PM2.5 SILs and SMC 

provisions. See 78 FR 73702, December 

9, 2013. More detail about this action is 

available in our Technical Support 

Document, which is available in our 

rulemaking docket. 

C. New Mexico’s Submittals 

On May 23, 2011, New Mexico 

submitted revisions to its air permitting 

regulations at 20.2.74 NMAC that 

reflected the PM2.5 SILs and SMC 

screening tools. On January 22, 2013, 

the EPA approved all of the May 23, 

2011 submission except for the portion 

that relates to the screening tools. See 78 

FR 4339. On August 6, 2014, in 

accordance with the EPA’s changes to 

the federal regulations, New Mexico 

submitted revisions to 20.2.74 NMAC to 

remove the PM2.5 SILs and SMC which 

had previously been adopted and 

submitted as a SIP revision. More detail 

about these actions is available in our 

Technical Support Document, which is 

available in our rulemaking docket. 


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40914 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 

II. The EPA’s Evaluation 

A. Revisions to 20.2.74.303 NMAC, 

Submitted May 23, 2011, and August 6, 

2014 

The May 23, 2011, submittal added 

language to paragraph A, implementing 

the ambient air impact analysis 

exemption for major sources or major 

modifications established by the EPA in 

the PM2.5 PSD Increment—Significant 

Impact Levels (SILs)—Significant 

Monitoring Concentration (SMC) Rule. 

The August 6, 2014, submittal removes 

the language pertaining to the PM2.5 SIL. 

The May 23, 2011, submittal also 

replaces the term ‘‘particulate matter’’ 

with ‘‘PM10’’ in paragraph A. 

The submitted regulations are 

approvable because they remove the 

PM2.5 SIL consistent with the EPA’s 

December 9, 2013, revisions to 40 CFR 

51.166(k) and were adopted and 

submitted in accordance with sections 

110 and 165 of the Clean Air Act. 

B. Revisions to 20.2.74.503 NMAC, 

Submitted May 23, 2011, and August 6, 

2014 

The May 23, 2011, submittal added a 

line to TABLE 3—SIGNIFICANT 

MONITORING CONCENTRATIONS, 

including the pollutant PM2.5, its Air 

Quality Concentration of 4 micrograms 

per cubic meter and an associated 24 

hour Averaging Time. The August 6, 

2014, submittal removes the PM2.5 SMC 

by changing the PM2.5 Air Quality 

Concentration from 4 micrograms per 

cubic meter to 0, and removes the ‘‘24 

hours’’ from the PM2.5 Averaging Time 

column. The May 23, 2011, submittal 

also replaced the term ‘‘particulate 

matter’’ with ‘‘PM10.’’ 

The submitted regulations are 

approvable because they remove the 

PM2.5 SMC consistent with the EPA’s 

December 9, 2013, revisions to 40 CFR 

51.166(i)(5)(i) and were adopted and 

submitted in accordance with sections 

110 and 165 of the Clean Air Act. 

III. Final Action 

We are approving revisions to the 

New Mexico SIP that pertain to changes 

to 20.2.74 NMAC submitted May 23, 

2011, and August 6, 2014. Specifically, 

we are approving the revisions to 

20.2.74.303 NMAC—Ambient Impact 

Requirements, paragraph A and 

20.2.74.503 NMAC Table 3—Significant 

Monitoring Concentrations. The EPA 

has made the determination that the 

submitted regulations are approvable 

because the submitted rules were 

adopted and submitted in accordance 

with the CAA and are consistent with 

the EPA’s regulations regarding PSD 

permitting for PM2.5 emissions. 

The EPA is publishing this rule 

without prior proposal because we view 

this as a non-controversial amendment 

and anticipate no 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 September 14, 2015 

without further notice unless we receive 

relevant adverse comment by August 13, 

2015. 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 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 

relevant 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. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 40 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the New Mexico regulations 

as described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

V. 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 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 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 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 rule 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). 


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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 40915 

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 September 14, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: June 30, 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. Section 52.1620 in paragraph (c), 

first table, is amended by revising the 

entry ‘‘Part 74, Permits—Prevention of 

Significant Deterioration’’ under ‘‘New 

Mexico Administrative Code (NMAC) 

Title 20—Environment Protection 

Chapter 2—Air Quality’’ to read 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 

*******

Part 74 ........................... Permits—Prevention of 

Significant Deterioration.

7/11/2014 7/14/2015 [Insert Federal Register citation].Revisions to 20.2.74.7(AZ)(2)(a) NMAC submitted 1/8/2013, effective 2/6/2913, are NOT 

part of SIP. 

20.2.74.7(AZ)(2)(a) NMAC submitted 5/23/ 

2011, effective 6/3/2011, remains SIP approved. 

*******

* * * * * 

[FR Doc. 2015–17058 Filed 7–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0345; FRL–9929–58– 

Region 9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the South 

Coast Air Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns volatile organic 

compound (VOC) emissions from 

graphic arts facilities. We are approving 

a local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on 

September 14, 2015 without further 

notice, unless EPA receives adverse 

comments by August 13, 2015. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2015–0345, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 


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