Proposed Rule2021-22283
Air Plan Approval; New Mexico; Clean Air Act Requirements for Emissions Inventory and Emissions Statement for Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standards
Primary source
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Published
October 15, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve the State Implementation Plan (SIP) submitted by the State of New Mexico to meet the Emissions Inventory (EI), and Emissions Statement (ES) requirements of the Federal Clean Air Act (CAA or the Act) for the Sunland Park ozone nonattainment area for the 2015 8-hour ozone national ambient air quality standards (NAAQS). EPA is proposing to approve this action pursuant to section 110 and part D of the CAA and EPA's regulations.
Full Text
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<title>Federal Register, Volume 86 Issue 197 (Friday, October 15, 2021)</title>
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[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Proposed Rules]
[Pages 57388-57390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22283]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0167; FRL-8989-01-R6]
Air Plan Approval; New Mexico; Clean Air Act Requirements for
Emissions Inventory and Emissions Statement for Nonattainment Area for
the 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State Implementation Plan (SIP) submitted by the State of
New Mexico to meet the Emissions Inventory (EI), and Emissions
Statement (ES) requirements of the Federal Clean Air Act (CAA or the
Act) for the Sunland Park ozone nonattainment area for the 2015 8-hour
ozone national ambient air quality standards (NAAQS). EPA is proposing
to approve this action pursuant to section 110 and part D of the CAA
and EPA's regulations.
DATES: Written comments must be received on or before November 15,
2021.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0167, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-7222, <a href="/cdn-cgi/l/email-protection#bfccded3dad291d1dac9d6d1daffdacfde91d8d0c9"><span class="__cf_email__" data-cfemail="2754464b424a094942514e49426742574609404851">[email protected]</span></a>.
The EPA Region 6 office is closed to the public to reduce the risk of
transmitting COVID-19. We encourage the public to submit comments via
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, as there is a delay in processing mail and
no courier or hand deliveries will be accepted. 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 wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Ozone is a gas that is formed by the reaction of Volatile Organic
Compounds (VOC) and Oxides of Nitrogen (NO<INF>X</INF>) in the
atmosphere in the presence of sunlight. Therefore, an emission
inventory for ozone focuses on the emissions of VOC and NO<INF>X</INF>
referred to as ozone precursors. These precursors (VOC and
NO<INF>X</INF>) are emitted by many types of pollution sources,
including point sources such as power plants and industrial emissions
sources; on-road and off-road mobile sources (motor vehicles and
engines); and smaller residential and commercial sources, such as dry
cleaners, auto body shops, and household paints, collectively referred
to as nonpoint sources (also called area sources).
1. The 2015 Ozone NAAQS
On October 1, 2015 the EPA revised both the primary and secondary
NAAQS \1\ for ozone from concentration level of 0.075 part per million
(ppm) to 0.070 ppm to provide increased protection of public health and
the environment (80 FR 65296, October 26, 2015). The 2015 8-hour ozone
NAAQS retains the same general form and averaging time as the 0.075 ppm
NAAQS set in 2008 NAAQS but is set at a more protective level.
Specifically, the 2015 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.07
ppm.\2\
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\1\ The primary ozone standards provide protection for children,
older adults, and people with asthma or other lung diseases, and
other at-risk populations against an array of adverse health effects
that include reduced lung function, increased respiratory symptoms
and pulmonary inflammation; effects that contribute to emergency
department visits or hospital admissions; and mortality. The
secondary ozone standards protect against adverse effects to the
public welfare, including those related to impacts on sensitive
vegetation and forested ecosystems.
\2\ For a detailed explanation of the calculation of the 3-year
8-hour average, see 80 FR 65296 and 40 CFR part 50, Appendix U.
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On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule that establishes how the statutory classifications
will apply for the 2015 8-hr ozone NAAQS, including the air quality
thresholds for each classification category and attainment deadline
associated with each classification.
On June 18, 2018, the EPA classified the Sunland Park area in
southern Do[ntilde]a Ana County, New Mexico as marginal nonattainment
area for 2015 ozone NAAQS with an attainment deadline of August 3,
2021. (See 83 FR 25776).
2. Statutory and Regulatory Emission Inventory Requirements
An emission inventory of ozone is an estimation of actual emissions
of air pollutants that contribute to the formation of ozone in an area.
The emissions inventory provides emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
for calculating emission reduction targets needed to attain the NAAQS,
determining emission inputs for ozone air quality modeling analyses,
and tracking emissions over time to determine progress toward meeting
Reasonable Further Progress (RFP) requirements.
CAA section 182(a)(1) and 40 CFR 51.1315(b) require states to
submit a ``base year inventory'' for each ozone nonattainment area
within two years of the effective date of designation. This inventory
must be ``a comprehensive, accurate, current inventory of actual
emissions from sources of VOC and
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NO<INF>X</INF> emitted within the boundaries of the nonattainment area
as required by CAA section 182(a)(1)'' (40 CFR 51.1300(p), see also CAA
section 172(c)(3). In addition, 40 CFR 51.1310(b) requires that the
inventory year be selected consistent with the baseline year for the
RFP plan, which is usually the most recent calendar year for which a
complete triennial emissions inventory is required to be submitted to
the EPA under the Air Emissions Reporting Requirements (AAER) (40 CFR
part 51, subpart A).
3. Statutory and Regulatory Emissions Statement Requirements
Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit revisions to their SIP to require the
owner or operator of each major stationary source of NO<INF>X</INF> or
VOC to provide the state with annual statement documenting the actual
emissions of NO<INF>X</INF> and VOC from their sources. For
nonattainment areas, air agencies must develop, and include in their
SIPs, emission reporting programs for certain VOC and NO<INF>X</INF>
sources in accordance with CAA section 182(a)(3)(B). The required state
program defines how air agencies obtain emissions data directly from
certain facilities, and these data, along with other information, are
then reported to the EPA as part of SIP inventories required under CAA
sections 182(a)(1) and 182(a)(3)(A). This state program is generally
referred to as an emissions statement regulation, and it outlines how
certain facilities must report emissions and facility activity data to
an air agency, typically a state agency. Reports submitted to air
agencies must be accompanied by ``a certification that the information
contained'' in the report is ``accurate to the best knowledge'' of the
facility. To properly implement the emissions reporting requirements,
emissions statement regulations should be coordinated carefully with
the data elements that are required by the EPA (requirements at 40 CFR
51.1115 and 40 CFR 51.1315). An air agency must submit the emissions
statement regulation required by CAA section 182(a)(3)(B), or a written
statement certifying a previously approved regulation, to the EPA as a
SIP revision for approval. CAA section 110, in conjunction with 40 CFR
51.102, 51.103 and Appendix V, establishes the procedure for submitting
a SIP revision. Under section 182(a)(3)(B)(ii), air agencies may waive
the requirement for emission statements for classes or categories of
sources with less than 25 ton per year of actual plant-wide
NO<INF>X</INF> or VOC emissions in nonattainment areas, provided the
class or category is included in the base year and periodic inventories
required under CAA sections 182(a)(1) and 182(a)(3)(A),
respectively.\3\
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\3\ See Implementation of the 2015 NAAQS for Ozone:
Nonattainment Area State Implementation Plan Requirements Plan Final
Rule, 83 FR 63002-63023, December 6, 2018.
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II. State's Submittal
On September 10, 2020, New Mexico <SUP>4 5</SUP> submitted to EPA a
SIP revision addressing the 2015 ozone NAAQS emissions inventory and
emissions statement requirements for the Sunland Park nonattainment
area.
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\4\ The New Mexico Environmental Improvement Board (EIB) is
given the authority under state law to adopt rules and plans that
are included in the New Mexico's SIP.
\5\ The New Mexico SIP applies throughout New Mexico, except for
Bernalillo County (Albuquerque) and Indian lands.
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(a) Base Year Emission Inventory
New Mexico Environmental Department (NMED) has developed a 2017
base year emissions inventory for the Sunland Park nonattainment area.
The 2017 base year emissions include all point, nonpoint (area), on-
road mobile, and non-road mobile source emissions. Table 1 summarizes
the 2017 NO<INF>X</INF> and VOC emissions for the Sunland Park
nonattainment area for a typical ozone season day \6\ (reflective of
the summer period, when the highest ozone concentrations are expected
in the ozone nonattainment areas).
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\6\ See Ozone season day emission as defined in 40 CFR
51.1300(q).
Table 1--Sunland Park Nonattainment Area Ozone Season Day Emissions
Estimates Summary
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VOC tons/ NOX tons/
Source type day day
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Point........................................... 0.08 2.69
Nonpoint (Area)................................. 0.57 0.21
On-road Mobile.................................. 0.06 0.10
Non-road Mobile................................. 0.08 0.33
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Total......................................... 0.78 3.33
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(b) Emission Statement
Pursuant to section 182(a)(3)(B), states with ozone nonattainment
areas must require annual emissions statements from NO<INF>X</INF> and
VOC stationary sources within those nonattainment areas. New Mexico's
emissions statement regulation resides in New Mexico's SIP at 20.2.73
New Mexico Administrative Code (NMAC), ``Notice of Intent and Emissions
Inventory Requirements'', approved by EPA on November 27, 2012 (77 FR
70693). Emission Inventory Requirements, section 20.2.73.300(A) NMAC
applies to all stationary sources in an ozone nonattainment area that
have a construction permit, filed a notice of intent, or emits more
than ten tons per year (tpy) of nitrogen oxides (NO<INF>X</INF>) or
volatile organic compounds (VOC). Reporting requirements
(20.2.73.300(B) NMAC) include annual emissions reports for any major
source in ozone nonattainment area with potential to emit more than 100
tpy and any source that has the potential to emit more than 25 tpy of
NO<INF>X</INF> and VOC within the nonattainment area submitted by April
1 of each year or a date set by permit conditions. Sources that emit
between 10-25 tpy must keep annual emissions records and provide them
in an approved format upon request from the department. Emissions
reports must contain all contact and facility information along with a
signed certifying statement from the certifying official authorized to
attest to the accuracy and validity of the emissions submitted on
behalf of the facility as required by New Mexico's regulations
(20.2.73.300(C) NMAC). Additional reporting requirements for sources
within nonattainment area are included in (20.2.73.300(D) NMAC) include
typical daily process rates for the ozone season as determined by NMED.
Waiver exemption of emissions reporting requirements are included
(20.2.73.300(E) NMAC).
III. EPA's Evaluation
EPA has reviewed the New Mexico SIP revision for consistency with
the CAA and regulatory emissions inventory and emissions statement
requirements.
For the emission inventory, EPA has reviewed the techniques used by
the state of New Mexico to derive and quality assure the emission
estimates. EPA has also evaluated whether New Mexico provided the
public with the opportunity to review and comment on the development of
the emission estimates and whether New Mexico addressed the public
comments. A summary of EPA's analysis is provided below. For a full
discussion for our evaluation, please see our Technical Support
Document (TSD) located in the docket for this action.
New Mexico documented the general procedures used to estimate the
emissions for each of the four major source types. The documentation of
the emission estimation procedures was adequate for us to determine
that New Mexico followed acceptable procedures to estimate the
emissions.
New Mexico developed a quality assurance plan and followed this
plan during various phases of the emissions
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estimation and documentation process to quality assure the emissions
for completeness and accuracy. These quality assurance procedures are
summarized in the documentation describing how the emissions totals
were developed. We have determined that the quality assurance
procedures followed by New Mexico are adequate and acceptable and that
New Mexico has developed inventories of VOC and NO<INF>X</INF>
emissions that are comprehensive and complete.
For the emission statement, New Mexico's EPA approved SIP contains
provisions that address the CAA emission statement requirements.
New Mexico notified the public and offered the opportunity for
comment and public hearing. A full record of public notices, and
written comments received during public comment period as well as
states' response to those comments are included in the state's
submittal. New Mexico received no request for public hearing. A copy of
the New Mexico SIP revision submittal is available online at
<a href="http://www.regulations.gov">www.regulations.gov</a>, Docket number EPA-R06-OAR-2020-0167.
IV. Proposed Action
We are proposing to approve the New Mexico SIP revision submitted
on September 10, 2020 to address the emissions inventory, and emissions
statement requirements for the Sunland Park area for the 2015 ozone
NAAQS. The emissions inventory we are proposing to approve are listed
in Table 1 above. We are proposing to approve the emissions inventory
because it contains comprehensive, accurate and current inventory of
actual emissions for all relevant sources in accordance with CAA
sections 172(c)(3) and 182(a)(1) requirements. We are proposing to
approve the New Mexico emission statement because it includes the
approved provision addressing CAA emission statement requirement in CAA
section 182(a)(3)(B). New Mexico adopted the emission inventories
consistent with reasonable public notice and opportunity for a public
hearing requirement. As stated above, a TSD which details our
evaluation is included in the docket for this action. Our TSD may be
accessed online at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket No. EPA-R06-OAR-2020-
0167.
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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and record keeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 7, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-22283 Filed 10-14-21; 8:45 am]
BILLING CODE 6560-50-P
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