[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68632-68633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24748]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0837; FRL-10029-02-R6]


Air Plan Approval; New Mexico; Clean Air Act Requirements for 
Nonattainment New Source Review Permitting for the 2015 8-Hour Ozone 
National Ambient Air Quality Standards

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 revisions to the New 
Mexico State Implementation Plan (SIP) submitted by the State of New 
Mexico on August 10, 2021, that update the New Mexico Nonattainment New 
Source Review (NNSR) permitting program for the 2015 8-hour ozone 
National Ambient Air Quality Standards (NAAQS).

DATES: This rule is effective on December 16, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2021-0837. 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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air 
Permit Section (ARPE), 214-665-2115, [email protected]. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 6 office may be closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

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 August 
19, 2022, proposal (87 FR 51041). In that document we proposed to 
approve revisions to the New Mexico SIP adopted on July 21, 2021, that 
update the New Mexico NNSR permitting requirements to maintain 
consistency with the Federal NNSR program requirements. We also 
proposed to find that the New Mexico SIP includes the necessary 
provisions addressing CAA NNSR requirements for ozone nonattainment 
areas classified as Marginal.
    We received two anonymous comments supporting our proposed 
approval. Both anonymous comments referenced the reduced overall 
emissions and favorable impact of the proposed rule for environmental 
justice purposes. The EPA appreciates the support of the commenters. We 
are making no changes to our proposed rule because of these comments.

II. Final Action

    Pursuant to section 110 and part D of the Act, we are approving the 
submitted revisions to the New Mexico SIP that update the NNSR 
permitting requirements to maintain consistency with the Federal NNSR 
program requirements and address the 2015 ozone NAAQS requirements for 
nonattainment permitting. Specifically, we are approving the following 
revisions to the New Mexico SIP adopted on July 21, 2021, effective 
August 21, 2021:
     Revisions to 20.2.79.5 NMAC--Effective Date,
     Revisions to 20.2.79.7 NMAC--Definitions,
     Revisions to 20.2.79.9 NMAC--Documents,
     Revisions to 20.2.79.109 NMAC--Applicability,
     Revisions to 20.2.79.115 NMAC--Emission Offsets,
     Revisions to 20.2.79.119 NMAC--Tables, and
     Revisions to 20.2.79.120 NMAC--Actuals Plantwide 
Applicability Limits (PALs).

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference the 
revisions to the New Mexico regulations as described in Section II of 
this preamble, Final Action. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov a 
(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 EPA for inclusion in the SIP, 
have been incorporated by reference by 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 EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.

IV. 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);
     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

[[Page 68633]]

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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 January 17, 2023. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 8, 2022.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 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

0
2. In Sec.  52.1620:
0
a. In paragraph (c), amend the table titled ``EPA Approved New Mexico 
Regulations'' by revising the entry for ``Part 79''; and
0
b. In paragraph (e), amend the table titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the New 
Mexico SIP'' by adding an entry for ``Nonattainment New Source Review 
Requirements for the 2015 Ozone NAAQS'' at the end of the table.
    The revision and addition read as follows:


Sec.  52.1620   Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
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                                                   State approval/
       State citation            Title/subject        effective      EPA approval date           Comments
                                                        date
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                                                  * * * * * * *
Part 79....................  Permits--Nonattainme       8/21/2021  11/16/2022, [Insert
                              nt Areas.                             Federal Register
                                                                    citation].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

            EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
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                                       Applicable           State
      Name of SIP provision          geographic or       submittal/     EPA approval date       Explanation
                                   nonattainment area  effective date
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                                                  * * * * * * *
Nonattainment New Source Review   Sunland Park              8/21/2021  11/16/2022,
 Requirements for the 2015 Ozone   portion of                           [Insert Federal
 NAAQS.                            Do[ntilde]a Ana                      Register
                                   County in the El                     citation].
                                   Paso-Las Cruces,
                                   TX-NM Marginal
                                   nonattainment area.
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[FR Doc. 2022-24748 Filed 11-15-22; 8:45 am]
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