Rule2022-04525
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
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2022
Effective
April 6, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 approving 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 87 Issue 44 (Monday, March 7, 2022)</title>
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[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12592-12593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04525]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0167; FRL-8989-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving this
action pursuant to section 110 and part D of the CAA and EPA's
regulations.
DATES: This final rule is effective on April 6, 2022.
ADDRESSES: The EPA has established a docket for this action, Docket No.
EPA-R06-OAR-2020-0167 All documents in the docket are listed on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 electronically
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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#3546545950581b5b50435c5b50755045541b525a43"><span class="__cf_email__" data-cfemail="0a796b666f6724646f7c63646f4a6f7a6b246d657c">[email protected]</span></a>.
Out of an abundance of caution for members of the public and our staff,
the EPA Region 6 office will 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 wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On October 15, 2021 (86 FR 57388), the EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of New Mexico, for the
approval of the State's 2017 base year emission inventories and
emissions statement requirements for the Sunland Park Sunland Park
marginal ozone nonattainment area for the 2015 ozone NAAQS. The
background for this action and rational for EPA's proposed action are
explained in the NPRM and will not be restated here. One anonymous
comment was received during the public comment period which ended on
November 15, 2021.
II. Response to Comments
Comment: The commenter believes that New Mexico is doing its best
in implementing regulations promulgated by the EPA under the CAA. The
commenter inquired about EPA's procedure for enforcing the CAA
regulations, and expressed concern that the clean air policy would fail
without the collective actions of other states.
Response: We appreciate the commenter's perspective that New Mexico
is doing its best in implementing CAA regulations promulgated by the
EPA. However, the issues raised by the commenter are outside the scope
of this action. This action is limited to the approval of the Emissions
Inventory and Emissions Statement requirements for the 2015 8-hour
ozone NAAQS submitted by the state of New Mexico, for the Sunland
Parkozone nonattainment area, New Mexico, under the CAA.
The CAA establishes a comprehensive program for controlling and
improving the nation's air quality through state and federal
regulation. This comprehensive program is based on cooperative
federalism that divides responsibilities between the EPA and the
states. Under the CAA, the EPA establishes the national air quality
standards, and the states are primarily responsible for implementing
those standards, with oversight from EPA.
Upon the promulgation or revision of a NAAQS by the EPA, each state
is required to submit a state implementation plan (SIP). The SIP
provides the ``implementation, maintenance, and enforcement'' of the
NAAQS, and must ``contain adequate provisions'' prohibiting air
emissions in amounts that contribute significantly to nonattainment or
that interfere with the maintenance of the NAAQS in neighboring states.
42 U.S.C. 7410(a)(2)(D)(i)(I). Where a state fails to submit all or a
portion of a SIP as required by the CAA, or where the EPA disapproves a
SIP as not meeting the CAA requirements, the EPA will assert federal
oversight authority and develop a federal implementation plan (FIP) for
the state. It may also develop a FIP for tribal lands if a tribe elects
not to develop their own implementation plan, as appropriate.
The applicable state and the EPA both have authority to bring
enforcement actions for violations of federally-approved SIPs. Members
of the public can also file citizen suits under the CAA to address
violations of SIPs. For more details on Air Quality Implementation
Plans please visit <a href="https://www.epa.gov/air-quality-implementation-plans">https://www.epa.gov/air-quality-implementation-plans</a>.
III. Final Action
EPA is approving the New Mexico SIP revisions 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 approving is listed in Table 1 of
the NPRM. We are approving the emissions inventory because it contains
a 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 also approving the New Mexico emission
statement because it includes the approved provision addressing the
emission statement requirement in CAA section 182(a)(3)(B). New Mexico
adopted the emission inventories consistent with the requirement for
reasonable public notice and opportunity for a public hearing.
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 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,
[[Page 12593]]
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).
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 Start Printed Page
11875 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 May 6, 2022. 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, Nitrogen dioxide, Ozone, Reporting and record keeping
requirements, Volatile organic compounds.
Dated: February 28, 2022.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the EPA 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 (e), the table titled ``EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is
amended by adding the entry ``2017 Emissions Inventory and Emissions
Statement for the 2015 Ozone 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 State
Name of SIP provision geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
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* * * * * * *
2017 Emissions Inventory and Sunland Park ozone 9/20/2020 3/7/2022 [Insert .....................
Emissions Statement for the nonattainment area. Federal Register
2015 Ozone NAAQS. citation].
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[FR Doc. 2022-04525 Filed 3-4-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on March 7, 2022.
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