[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49057-49062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19500]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0706; FRL-9998-72-Region 6]


Air Plan Approval; New Mexico; Infrastructure for the 2015 Ozone 
National Ambient Air Quality Standards and Repeal of State Regulations 
for Total Suspended Particulate

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving State Implementation 
Plan (SIP) infrastructure certifications from the State of New Mexico 
and Albuquerque-Bernalillo County to address CAA section 110(a)(1) and 
(2) requirements for the 2015 ozone (O3) National Ambient 
Air Quality Standards (NAAQS). The submittals address how the existing 
SIP provides for the implementation, maintenance, and enforcement of 
the 2015 O3 NAAQS (infrastructure SIP or i-SIP). The i-SIP 
ensures that the New Mexico SIP is adequate to meet the state's 
responsibilities under the CAA for this NAAQS. The EPA is also 
approving a SIP revision for the repeal of the New Mexico Ambient Air 
Quality Standards (NMAAQS) for total suspended particulate (TSP) in the 
New Mexico regulations incorporated into the SIP.

DATES: This rule is effective on October 18, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0706. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 https://www.regulations.gov or 
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270.

FOR FURTHER INFORMATION CONTACT: Ms. Karolina Ruan Lei, EPA Region 6 
Office, 1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-7346, 
ruan-lei.karolina@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Karolina Ruan Lei or Mr. Bill Deese at 
(214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
proposal published on April 18, 2019 (84 FR 16226). In that notice we 
proposed to approve the November 1, 2018, and September 24, 2018, i-SIP 
certifications submitted by the State of New Mexico and Albuquerque-
Bernalillo County, respectively. The November 1, 2018, and September 
24, 2018, submittals addressed the implementation, maintenance, and 
enforcement of the 2015 O3 NAAQS in New Mexico, including 
two of the four interstate transport requirements (CAA section 
110(a)(2)(D)(i)(II)). We also proposed to approve a SIP revision 
submitted on November 16, 2018, by the State of New Mexico that 
pertains to the repeal of the air quality standards for TSP in New 
Mexico. The November 16, 2018, submital included a demonstration that 
the repeal of the TSP NMAAQS will not interfere with the attainment and 
maintenance of the NAAQS or any other CAA requirement.
    We received comments on the April 18, 2019, proposal from two 
commenters on the infrastructure portion of the action. One commenter

[[Page 49058]]

was anonymous and submitted adverse comments on several elements of the 
New Mexico i-SIPs. The other commenter was the City of Albuquerque 
Environmental Health Department (EHD), who submitted a comment letter 
to correct certain statements made in the proposal. We did not receive 
any comments regarding the repeal of the TSP NMAAQS. Our response to 
the comments is provided in the section below.

II. Response to Comments

    Comment: The commenter stated that the EPA should disapprove the 
current infrastructure SIP as it relates to prevention of significant 
deterioration (PSD) elements. The current approved version of the New 
Mexico regulation does not require ammonia as a precursor to fine 
particulate matter (PM2.5) evaluations. The commenter stated 
that the EPA claims the State and County have a ``comprehensive'' 
program, but the approved regulation does not include ammonia as a 
precursor. The commenter stated that New Mexico must update its 
permitting programs for both the State and the counties.
    Response: The EPA disagrees with the comment. The EPA's minimum 
requirements for a state PSD program at 40 CFR 51.166 do not regulate 
ammonia as either a precursor or a presumed precursor for 
PM2.5 for PSD permitting. Regulated precursors for 
PM2.5 for PSD permitting are defined at 40 CFR 
51.166(b)(49)(i)(b)(2) and (3) as sulfur dioxide and nitrogen oxides, 
respectively.\1\ The State of New Mexico and Albuquerque-Bernalillo 
County PSD programs were SIP-approved for the regulation of 
PM2.5 and its precursors on January 22, 2013, and September 
19, 2012, respectively (78 FR 4339 and 77 FR 58032). The New Mexico 
State and County SIP-approved PSD programs are comprehensive PSD 
programs that cover all regulated pollutants, including 
PM2.5 and its applicable precursors.
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    \1\ It should also be noted that 40 CFR 51.166(b)(49)(i)(b)(3) 
provides that a state may overcome the presumption that nitrogen 
oxides (NOX) is a regulated precursor if it demonstrates 
NOX emissions from sources in a particular area do not 
significantly contribute to that area's ambient PM2.5 
concentrations. The PSD requirements also include a presumption that 
volatile organic compounds are not precursors to PM2.5 in 
any attainment or unclassifiable area unless found to be a 
significant contributor to that area's ambient PM2.5 
concentrations. See 40 CFR 51.166(b)(49)(i)(b)(4).
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    Comment: The commenter stated that New Mexico's permitting program 
requires ambient air quality modeling to be performed ``as specified in 
EPA's Guideline on Air Quality Models (EPA-450/2-78-027R, July 1986), 
its revisions, or any superseding document, and approved by the 
Department.'' The commenter stated that this text in the regulation 
restricts the State from requiring the most up-to-date modeling as 
required in 40 CFR part 52, Appendix W, which is not a ``superseding 
document'', as it is a regulation promulgated by the EPA and not a 
document.
    The commenter also stated that the State's rule appears to give the 
State inappropriate director's discretion in the use of what air 
quality modeling is used as the language ``and approved by the 
department'' appears to allow the department to disregard EPA-required 
modeling if the department does not approve of it. The commenter stated 
that director's discretion was outlawed by the Courts in NRDC v. EPA in 
2013 and was affirmed by the EPA in its startup, shutdown, and 
malfunction SIP call. The commenter additionally stated that this 
modeling problem should also require the EPA to disapprove Element K as 
well, since that also has to do with modeling.
    Response: The EPA disagrees with the commenter that the text in the 
New Mexico regulation, which the commenter cited from 20.2.74.305 of 
the New Mexico Administrative Code (NMAC), restricts the State from 
requiring the most up-to-date modeling. The EPA notes that the 
commenter likely meant to refer to 40 CFR part 51 rather than 40 CFR 
part 52 as there is no Appendix W in 40 CFR part 52, and the EPA's 
Guideline on Air Quality Models is codified at 40 CFR part 51, Appendix 
W.
    The general definition of the term ``document'' can mean any 
written, printed, or electronic material that provides information or 
conveys thoughts or ideas. Any regulation in the CFR is considered a 
document. The EPA's Guideline on Air Quality Models (40 CFR part 51, 
Appendix W) also refers to itself as a document at several instances 
throughout its text. The most recent version of the Guideline on Air 
Quality Models is therefore a ``superseding document'' to the July 1986 
Guideline on Air Quality Models cited in the New Mexico regulations at 
20.2.74.305 NMAC.
    Additionally, the text in the New Mexico regulations at 20.2.74.305 
NMAC also includes any ``revisions'' to the EPA's Guideline on Air 
Quality Models. The January 17, 2017, final rule for the most recent 
update to Appendix W is titled ``Revisions to the Guideline on Air 
Quality Models: Enhancements to the AERMOD Dispersion Modeling System 
and Incorporation of Approaches To Address Ozone and Fine Particulate 
Matter'' and contains a description of the action in the summary, which 
states that ``[i]n this action, the Environmental Protection Agency 
(EPA) promulgates revisions to the Guideline on Air Quality Models'' 
(82 FR 5182). The January 17, 2017, final rule also describes in the 
background section the past revisions of the Guideline on Air Quality 
Models (Id.). Therefore, the most recent version of the Guideline on 
Air Quality Models is clearly a ``revision'' to older versions, 
including the July 1986 version cited in the New Mexico regulation, of 
the EPA's Guideline on Air Quality Models.
    The EPA also disagrees with the commenter that the provisions at 
20.2.74.305 NMAC provide inappropriate director's discretion to the 
State of New Mexico. This provision clearly requires that modeling be 
conducted pursuant to the latest version of the EPA's Guideline on Air 
Quality Models. According to 20.2.74.305 NMAC, ``[a]ny substitution or 
modification of a model must be approved by the Department'', and 
``[n]otification shall be given by the Department of such a 
substitution or modification and the opportunity for public comment 
provided for in fulfilling the public notice requirements in subsection 
B of 20.2.74.400 NMAC''. Additionally, 20.2.74.305 NMAC states that the 
New Mexico Environment Department (NMED) ``will seek EPA approval of 
such substitutions or modifications''. The provisions at 20.2.74.305 
NMAC, the EPA's regulations at 40 CFR 51.166(l) and the Guideline on 
Air Quality Models itself provide that alternative models, modeling 
scenarios, or model substitutions may be used if approved by the EPA. 
The New Mexico rule requires an additional approval from the state air 
director in addition to the EPA before an applicant can use such an 
alternative model or model substitution for permitting.
    The New Mexico regulations at 20.2.74.305 NMAC, therefore, do not 
restrict the State from requiring the most recent modeling for 
permitting as required by 40 CFR 51.166(l) nor do they provide 
inappropriate director's discretion to the State of New Mexico.
    Comment: The commenter asked, with respect to adequate funding, 
whether the EPA has done a full accounting of the department's 
finances. The commenter also asked how the EPA can be sure that New 
Mexico is collecting the correct amount in fees from major title V 
sources to adequately fund the department and stated that there is no 
accounting or financial evaluation in the docket that proves

[[Page 49059]]

New Mexico or the County is adequately funded. The commenter also asked 
if they are supposed to take the State's word at face value.
    Response: A ``full accounting of the NMED's finances'' is not 
required. Section 110(a)(2) does not require a specific quantitative 
metric or methodology for determining adequate resources. Section 
110(a)(2)(E) requires that the state provide necessary assurances that 
the state will have adequate funding under state law to carry out the 
SIP. As mentioned in our TSD for the proposal, to address adequate 
funding, the NMED and the EHD have the resources necessary to carry out 
the SIP, which are provided through general funds, permit fees, and the 
CAA section 103 and 105 grant processes. NMSA 1978, Sec.  74-2-5.1(F) 
provides the NMED and the EHD with the power to accept, receive and 
administer grants or other funds or gifts from public and private 
agencies, including the federal government, or from any person. NMSA 
1978, Sec.  74-2-7 authorizes and requires the State and County to 
adopt regulations to include for the collection of permit fees.
    The State of New Mexico's Permit Fee System implements a fee system 
for all preconstruction air permits issued by the NMED and can be found 
at 20.2.75 NMAC, Construction Permit Fees. The provisions in 20.2.75 
NMAC were most recently approved by the EPA on March 29, 2012 (77 FR 
18923). In the March 29, 2012, final rule, the EPA found that the rule 
and revisions to 20.2.75 NMAC met the applicable fee-related 
requirements in section 110(a)(2) of the CAA (77 FR 18923). Under the 
provisions of 20.2.75 NMAC, the NMED assesses fees when an owner or 
operator applies for a notice of intent, a permit to construct or 
modify a source, or a revision to a construction permit. Additionally, 
annual fees are assessed for sources that have been issued a permit 
under 20.2.72 NMAC, Construction Permits.
    Albuquerque-Bernalillo County's provisions for permit fees are 
codified in 20.11.2 NMAC, Fees, and 20.11.41, Construction Permits, 
which were most recently approved by the EPA on May 24, 2012, and June 
29, 2017, respectively (77 FR 30900 and 82 FR 29421). The EPA found 
that the submitted rules and revisions to 20.11.2 NMAC met the 
applicable fee-related requirements of section 110(a)(2) of the CAA (76 
FR 68385, November 4, 2011; 77 FR 30900, May 24, 2012). Under the 
provisions of 20.11.2 NMAC, the EHD assesses fees when an owner or 
operator applies for an air permit, air permit renewal, or air permit 
amendment. Annual fees are also assessed for sources with existing 
source registrations or permits.
    The State of New Mexico and Albuquerque-Bernalillo County each 
concluded in their i-SIP submittals that they do not anticipate a need 
for additional resources to implement their respective plans for the 
2015 O3 NAAQS beyond those which have been utilized for the 
preparation of said plans, plan revisions submitted to the EPA, and 
other current programmatic demands.
    Additionally, section 110(a)(2)(L) requires SIPs to require each 
major stationary source to pay permitting fees to the permitting 
authority to cover the cost of reviewing, approving, implementing and 
enforcing a permit. Section 110(a)(2) falls under title I of the CAA 
and governs the implementation, maintenance, and enforcement of the 
NAAQS, in this instance 2015 O3, through the federally 
approved SIP. Section 110 and 40 CFR part 51 also provide mechanisms 
for programmatic remedies with respect to the SIP. Furthermore, title I 
addresses minor and major new source review SIP preconstruction 
permits. The title V program, by contrast, governs operating permits 
and is addressed by CAA sections 502 through 507. Any evaluation of the 
title V program and any consequent programmatic remedies must be done 
pursuant to CAA section 502 and 40 CFR part 70. The scope of this 
action is limited to determining whether the New Mexico SIP meets 
certain infrastructure requirements of CAA 110(a)(2) with respect to 
the 2015 O3 NAAQS. The State of New Mexico and Albuquerque-
Bernalillo County's title V programs are not part of the New Mexico SIP 
but were approved by the EPA on November 26, 1996 (61 FR 60032). Title 
V fees are separate from title I fees. As mentioned earlier in this 
action, title V is subject to evaluation under different statutory and 
regulatory mechanisms provided for outside the SIP parameters for 
evaluation under CAA section 110 and 40 CFR part 51. Therefore, the 
part of the comment that questions whether New Mexico collected the 
correct amount in fees from major title V sources (Element L) to 
adequately fund the department is irrelevant to the approval of Element 
E.
    As described in our proposal, TSD, and previously in this response, 
the EPA's evaluation and approval of adequate resources for the State 
of New Mexico and Albuquerque-Bernalillo County are based upon various 
sources of funding, state statutes and rules pursuant to section 
110(a)(2). The EPA has not identified sufficient information to support 
the necessary finding for disapproval with regard to adequate funding. 
Also, the commenter has not identified any flaws or specific program 
deficiencies in the State's or County's accounting or fee system, or 
description of why we would question such. The EPA noted no significant 
deficiencies, thus indicating that both the State of New Mexico and 
Albuquerque-Bernalillo County have sufficient resources to implement 
their respective SIPs. Therefore, the EPA is approving Element E for 
the State of New Mexico and Albuquerque-Bernalillo County for meeting 
infrastructure requirements for the 2015 O3 NAAQS.
    Comment: The commenter stated that in Table 1 of the proposed 
action, the EPA notes that Element J as it pertains to visibility is 
``not germane to infrastructure SIPs''. The commenter stated that this 
statement is incorrect as Element J is a necessary element that needs 
to be addressed in each and every SIP.
    Response: The EPA disagrees with the commenter that the visibility 
sub-element of Element J needs to be addressed in these infrastructure 
SIPs from the State of New Mexico and Albuquerque-Bernalillo County for 
the 2015 O3 NAAQS. Under 40 CFR part 51 subpart P, 
implementing the visibility requirements of CAA title I, part C, states 
are subject to requirements for reasonably attributable visibility 
impairment, new source review for possible impacts on air quality 
related values in Class I areas, and regional haze planning. These 
include timeframes for SIP submittals related to visibility 
requirements. See, e.g., 40 CFR 51.308(b) (establishing a deadline for 
initial SIPs to meet regional haze requirements of December 17, 2007). 
As the EPA recognized in the 2013 Infrastructure SIP Guidance, 
generally speaking, when the EPA establishes or revises a NAAQS, the 
visibility requirements under part C of title I of the Clean Air Act do 
not change. See Guidance at pages 54-55.\2\ There are no new visibility 
protection requirements under part C as a result of the revised NAAQS 
here. Therefore, there are no newly applicable visibility protection 
obligations pursuant to Element J applicable in or to New Mexico, and 
this sub-element is therefore not being addressed in this action. We 
note that the State of New Mexico and Albuquerque-Bernalillo County 
each currently have a fully approved SIP under subpart P, addressing 
best

[[Page 49060]]

available retrofit technology (BART) and reasonable progress 
requirements as part of their long-term strategy for improving 
visibility during the first planning period. For the State of New 
Mexico, see 77 FR 70693 (November 27, 2012) and 79 FR 60985 (October 9, 
2014) for the final approval of the State's regional haze SIP, and see 
82 FR 27127 (June 14, 2017) for the final approval of the State's five-
year progress report. For Albuquerque-Bernalillo County, see 77 FR 
71119 (November 29, 2012) for the final approval of the County's 
regional haze SIP, and see 82 FR 58347 (December 12, 2017) for the 
final approval of the County's five-year progress report. New Mexico 
and other states are in the process of developing SIPs for the second 
planning period, which are due to the EPA on July 31, 2021. See Final 
Rule, Protection of Visibility: Amendments to Requirements for State 
Plans, 82 FR 3078 (January 10, 2017).
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    \2\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)''. 
Memorandum from Stephen D. Page, U.S. EPA, Office of Air Quality 
Planning and Standards. September 13, 2013.
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    Comment: The commenter stated that the EPA should also issue a 
federal plan for the interstate transport elements, as these elements 
were due in October 2018, and it is now (at the time the comment was 
submitted) seven months late, and both the EPA and New Mexico have 
stated that the State does not have an interstate transport submission 
(section 110(a)(2)(D)(i)(I)) prepared by stating ``as a sufficient 
basis for a submittal addressing these requirements does not yet 
exist''. The commenter stated that since the EPA is formally 
recognizing in the proposed notice that the State has not made a 
submission for the interstate transport elements, this should be 
considered a finding of failure to submit, and finalization of this 
regulation should start a 24-month clock for the EPA to issue a federal 
implementation plan.
    Response: In this action, the EPA is only evaluating whether the 
SIP submissions under review have met the statutory requirements they 
purport to address. Whether or not the State of New Mexico or 
Albuquerque-Bernalillo County have otherwise made a timely submission 
addressing the interstate transport elements (section 
110(a)(2)(D)(i)(I)) for the 2015 O3 NAAQS infrastructure 
requirements is outside the scope of this rulemaking because the EPA is 
not addressing these elements in this action. The EPA interprets its 
authority under CAA section 110(k) as affording the Agency the 
discretion to approve, disapprove, or conditionally approve, individual 
elements of the New Mexico infrastructure and transport SIP submissions 
for the 2015 O3 NAAQS. The EPA views discrete infrastructure 
SIP requirements, such as the requirements of 110(a)(2)(D)(i)(I), as 
severable from other infrastructure SIP elements and interprets section 
110(k) as allowing it to act on individual severable elements or 
requirements in a SIP submission. In short, the EPA has the discretion 
under CAA section 110(k) to act upon the various individual elements of 
a state's infrastructure SIP submission, separately or together, as 
appropriate. Here, the EPA has focused its evaluation on the individual 
infrastructure SIP elements addressed in the SIP submissions under 
review. The EPA will evaluate whether it is necessary to issue a 
separate notice to formally address the requirements of section 
110(a)(2)(D)(i)(I) in the future.
    Comment: We received one comment from the City of Albuquerque 
Environmental Health Department (EHD) stating that the EPA incorrectly 
made two statements which misstate New Mexico law in the April 18, 
2019, proposal. The EHD provided proposed corrections to the two 
statements and clarified the EHD's authority under New Mexico law as 
well as the EHD's relation to the New Mexico Environmental Improvement 
Board (EIB) and the Albuquerque and Bernalillo County Joint Air Quality 
Control Board (Air Board).
    The EHD stated that the first incorrect statement is: ``The AQCA 
[New Mexico Air Quality Control Act] and Ordinances [Albuquerque and 
Bernalillo County Joint Air Quality Control Board Ordinances] also 
state that the EHD is the administrative agency for the EIB and give 
the EHD authority to enforce air quality regulations.'' The EHD stated 
that the statement would be correct if changed to: ``The AQCA and 
Ordinances also state that the EHD is the administrative agency for the 
Air Board and give the EHD authority to enforce the Air Board's air 
quality regulations.''
    The EHD stated that the second incorrect statement is: ``[T]he AQCA 
provides authority for the NMED and the EHD to enforce the requirements 
of the AQCA and any regulations of the EIB, permits, or final 
compliance orders.'' The EHD stated that the statement would be correct 
if changed to: ``[T]he AQCA provides authority for the NMED and the EHD 
to enforce the requirements of the AQCA and, within their respective 
jurisdiction, any applicable regulations, or permits, or final 
compliance orders each agency (NMED and EHD) has issued.''
    Response: The EPA agrees with the EHD's corrected statements of its 
authority under New Mexico law.

III. Final Action

    We are approving the November 1, 2018, and September 24, 2018, i-
SIP submittals pertaining to the implementation, maintenance, and 
enforcement of the 2015 O3 NAAQS, including two of the 
transport sub-elements (CAA section 110(a)(2)(D)(i)(II)), in the State 
of New Mexico and Albuquerque-Bernalillo County. Table 1 below outlines 
the final action EPA is taking on specific infrastructure elements.

  Table 1--Final Action on New Mexico Infrastructure SIP Submittals for
                            the 2015 O3 NAAQS
------------------------------------------------------------------------
                   Element                              2015 O3
------------------------------------------------------------------------
(A): Emission limits and other control        A
 measures.
(B): Ambient air quality monitoring and data  A
 systems.
(C)(i): Enforcement of SIP measures.........  A
(C)(ii):PSD program for major sources and     A
 major modifications.
(C)(iii): Permitting program for minor        A
 sources and minor modifications.
(D)(i)(I): Prohibit emissions to other        NA
 states which will (1) significantly
 contribute to nonattainment of the NAAQS,
 (2) interfere with maintenance of the NAAQS.
(D)(i)(II): Prohibit emissions to other       A
 states which will (3) interfere with PSD
 requirements or (4) interfere with
 visibility protection.
(D)(ii): Interstate and international         A
 pollution abatement.
(E)(i): Adequate resources..................  A
(E)(ii): State boards.......................  A
(E)(iii): Necessary assurances with respect   A
 to local agencies.
(F): Stationary source monitoring system....  A
(G): Emergency power........................  A
(H): Future SIP revisions...................  A

[[Page 49061]]

 
(I): Nonattainment area plan or plan          +
 revisions under part D.
(J)(i): Consultation with government          A
 officials.
(J)(ii): Public notification................  A
(J)(iii): PSD...............................  A
(J)(iv): Visibility protection..............  +
(K): Air quality modeling and data..........  A
(L): Permitting fees........................  A
(M): Consultation and participation by        A
 affected local entities.
------------------------------------------------------------------------
Key to Table: A--Approved; +--Not germane to infrastructure SIPs; NA--No
  action.

    We are also approving the November 16, 2018, submittal which 
consists of a revision to 20.2.3 NMAC (Ambient Air Quality Standards) . 
The approved SIP revision removes section 109 (Total Suspended 
Particulates) from 20.2.3 NMAC, as the EPA found that such a revision 
will not adversely affect the attainment of applicable CAA 
requirements.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of a revision to 
20.2.3 NMAC. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 6 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information)''. 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rulemaking of the EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.

V. 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, the 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, 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 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 November 18, 2019. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: August 28, 2019.
Kenley McQueen,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

[[Page 49062]]

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

0
2. Section 52.1620 is amended:
0
a. In paragraph (c), under the first table titled ``EPA Approved New 
Mexico Regulations,'' by revising the entry for Part 3;
0
b. In paragraph (e), under the second table titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP,'' by adding an entry at the end for ``Infrastructure for 
the 2015 Ozone NAAQS''.
    The revision and addition read as follows:


Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
                                                     approval/
         State citation            Title/subject     effective   EPA approval date            Comments
                                                        date
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Part 3.........................  Ambient Air         11/16/2018  9/18/2019,         ............................
                                  Quality                         [Insert Federal
                                  Standards.                      Register
                                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
                                       Applicable       submittal/
      Name of SIP provision          geographic or      effective    EPA approval date         Explanation
                                   nonattainment area      date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure for the 2015       Statewide..........   9/24/2018,  9/18/2019, [Insert   SIPs adopted by NMED
 Ozone NAAQS.                                            11/1/2018   Federal Register     and City of
                                                                     citation].           Albuquerque. Does not
                                                                                          address CAA section
                                                                                          110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-19500 Filed 9-17-19; 8:45 am]
 BILLING CODE 6560-50-P


