
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61751-61752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25968]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0205; FRL-9935-44-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Infrastructure for the 2010 Sulfur Dioxide National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) submission from the State 
of New Mexico for the Sulfur Dioxide (SO2) National Ambient 
Air Quality Standards (NAAQS). The submittal addresses how the existing 
SIP provides for implementation, maintenance, and enforcement of the 
2010 SO2 NAAQS (infrastructure SIP or i-SIP), including two 
of the four CAA requirements for interstate transport of SO2 
emissions. This i-SIP ensures that the State's SIP is adequate to meet 
the state's responsibilities under the Federal Clean Air Act (CAA).

DATES: This final rule is effective on November 13, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2014-0205. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, (214) 665-6454, 
fuerst.sherry@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our June 
29, 2015 proposal (80 FR 36956). In that notice, we proposed to approve 
the New Mexico i-SIP submittal for the 2010 SO2 NAAQS.
    We received comments from one commenter on the proposal. Our 
response to the comments are below.

II. Response to Comments

    Comment: One commenter stated that EPA cannot approve the PSD 
portions of the i-SIP, ergo110(a)(2)(C), (D)(i)(II)(PSD prong) and (J), 
until the PM2.5 increments are fully approved into both the 
New Mexico and Albuquerque-Bernalillo County SIPs.
    Response: EPA disagrees with the comment as our proposed action did 
not pertain to the Albuquerque-Bernalillo County portion of the SIP. 
The New Mexico Air Quality Control Act (section 74-2-4) authorizes 
Albuquerque/Bernalillo County to locally administer and enforce the 
State Air Quality Control Act by providing for a local air quality 
control program. Thus, State law views Albuquerque/Bernalillo County 
and the remainder of the State of New Mexico as distinct air quality 
control entities. Therefore, each entity is required to submit its own 
SIP revision in order to completely satisfy the requirements of the 
Clean Air Act for the entire State of New Mexico. The Albuquerque/
Bernalillo County Air Quality Control Board has the authority to 
implement a comprehensive Prevention of Significant Deterioration (PSD) 
permit program, separate and independent from the NM Air Quality Board. 
At the time of the instant proposal and comment, EPA had not yet 
approved any revision to the Albuquerque/Bernalillo County portion of 
the New Mexico PSD SIP.
    EPA published its approval of revisions to the New Mexico SIP for 
Albuquerque/Bernalillo County that address the requirements of the 
EPA's May 2008, July 2010, and October 2012 PM2.5 PSD 
Implementation Rules, and also incorporate revisions consistent with 
EPA's March 2011 Fugitives Interim Rule, July 2011 Greenhouse Gas (GHG) 
Biomass Deferral Rule, and July 2012 GHG Tailoring Rule Step 3 and GHG 
PALs Rule (see docket EPA-R06-OAR-2013-0616 in www.regulations.gov). 
The comment is not relevant to the instant New Mexico SIP action, but 
EPA's approval of the Albuquerque/Bernalillo County PSD SIP revisions 
renders the comment moot.

III. Final Action

    EPA is approving the February 14, 2014, infrastructure SIP 
submission from New Mexico, which addresses the requirements of CAA 
sections 110(a)(1) and (2) as applicable to the 2010 SO2 
NAAQS, including two of the four CAA requirements for interstate 
transport of SO2 emissions. The two interstate transport 
requirements being addressed pertain to prohibiting SO2 
emissions that will interfere with measures required to be included in 
the SIP for any other State to prevent significant deterioration of air 
quality or to protect visibility (CAA 110(a)(2)(D)(i)(II)). 
Specifically, EPA is approving the i-SIP as meeting the following CAA 
infrastructure elements: 110(a)(2)(A), (B), (C), (D)(i)(II), D(ii), 
(E), (F), (G), (H), (J), (K), (L), and (M). EPA is not taking action on 
section 110(a)(2)(D)(i)(I)--pertaining to prohibiting emissions which 
will contribute significantly to nonattainment or interfere with 
maintenance of the NAAQS at this time. EPA is not taking action 
pertaining to section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions under Part D as EPA believes this need not be addressed in 
the i-SIP. Based upon review of the state's infrastructure SIP 
submissions and relevant statutory and regulatory authorities and 
provisions referenced in these submissions or referenced in New 
Mexico's SIP, EPA believes that New Mexico has the infrastructure in 
place to address all applicable required elements of sections 110(a)(1) 
and (2) (except as otherwise noted) to ensure that the 2010 
SO2 NAAQS are implemented in the state.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely 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

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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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 14, 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, Sulfur dioxide, Reporting and 
recordkeeping requirements.

    Dated: September 29, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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2. In Sec.  52.1620, the second table in paragraph (e) is amended by 
adding the entry ``Infrastructure for the 2010 SO2 NAAQS'' 
at the end of the table to read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                       Applicable
      Name of SIP provision          geographic or     State submittal/  EPA approval date       Explanation
                                   nonattainment area   effective date
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                                                  * * * * * * *
Infrastructure for the 2010 SO2   Statewide, except         2/14/2014   10/14/2015 [insert   Does not address
 NAAQS.                            for Bernalillo                        Federal Register     CAA
                                   County and Indian                     citation].           110(a)(2)(D)(i)(I)
                                   country.                                                   .
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[FR Doc. 2015-25968 Filed 10-13-15; 8:45 am]
 BILLING CODE 6560-50-P


