Rule2022-18532
Air Plan Approval; New Mexico; Interstate Transport Requirements for 2010 Nitrogen Dioxide 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
August 29, 2022
Effective
September 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision submitted by the State of New Mexico, through the New Mexico Environment Department (NMED), for the purpose of addressing the Clean Air Act (CAA or "Act") "good neighbor" interstate transport (prongs 1 and 2) infrastructure SIP requirements for the 2010 1-hour Nitrogen Dioxide (NO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS). Specifically, the EPA is approving New Mexico's June 25, 2021, SIP revision that address prongs 1 and 2 to ensure that air emissions in the State do not significantly contribute to nonattainment or interfere with the maintenance of the 2010 1-hour NO<INF>2</INF> NAAQS in any other state. The EPA is approving this action pursuant to section 110 and part D of the CAA and the EPA's regulations.
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52688-52690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18532]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0772; FRL-9889-02-R6]
Air Plan Approval; New Mexico; Interstate Transport Requirements
for 2010 Nitrogen 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 the
State Implementation Plan (SIP) revision submitted by the State of New
Mexico, through the New Mexico Environment Department (NMED), for the
purpose of addressing the Clean Air Act (CAA or ``Act'') ``good
neighbor'' interstate transport (prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour Nitrogen Dioxide (NO<INF>2</INF>)
National Ambient Air Quality Standard (NAAQS). Specifically, the EPA is
approving New Mexico's June 25, 2021, SIP revision that address prongs
1 and 2 to ensure that air emissions in the State do not significantly
contribute to nonattainment or interfere with the maintenance of the
2010 1-hour NO<INF>2</INF> NAAQS in any other state. The EPA is
approving this action pursuant to section 110 and part D of the CAA and
the EPA's regulations.
DATES: This final rule is effective on September 28, 2022.
ADDRESSES: The EPA has established a docket for this action, Docket No.
EPA-R06-OAR-2021-0772. 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#96e5f7faf3fbb8f8f3e0fff8f3d6f3e6f7b8f1f9e0"><span class="__cf_email__" data-cfemail="1162707d747c3f7f7467787f74517461703f767e67">[email protected]</span></a>.
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 wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The EPA published a proposed rule for the approval of New Mexico's,
June 25, 2021, SIP submission to address the 2010 1-hour NO<INF>2</INF>
NAAQS. The background for this action and rational for EPA's proposed
action are explained in the notice of proposed rulemaking (NPRM) (87 FR
38362, June 28, 2022), and will not be restated here. No comment was
received during the public comment period which ended on July 28, 2022.
II. Final Action
EPA is approving the New Mexico's June 25, 2021, SIP submission as
satisfying the requirements of CAA
[[Page 52689]]
section 110(a)(2)(D)(i)(I) for the 2010 1-hour NO<INF>2</INF> NAAQS
interstate transport prongs 1 and 2. New Mexico's SIP submission
includes provisions that ensure emissions from New Mexico will not
significantly contribute to nonattainment or interfere with the
maintenance of the 2010 NO<INF>2</INF> NAAQS in any other state. The
EPA is approving this action pursuant to section 110 of the CAA.
III. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' \1\
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\1\ <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
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The EPA provided additional analysis of environmental justice
associated with this action for the purpose of providing information to
the public in our June 28, 2022 proposal (87 FR 38362). The EPA's
analysis shown in the proposed action demonstrates that there are no
areas in New Mexico or nationwide that show problems attaining or
maintaining air quality with regard to 2010 NO<INF>2</INF> NAAQS. There
is also no indication that NO<INF>2</INF> emissions from New Mexico
would contribute to environmental and health impacts on any group,
including minority and low-income population. In addition, the national
average of NO<INF>2</INF> concentrations have decreased substantially
over the years.\2\
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\2\ See <a href="https://www.epa.gov/air-trends/nitrogen-dioxide-trends">https://www.epa.gov/air-trends/nitrogen-dioxide-trends</a>.
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We therefore believe that this rule will not have
disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
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, 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 October 28, 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 23, 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.
[[Page 52690]]
Subpart GG--New Mexico
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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 ``Interstate Transport for the 2010
NO<INF>2</INF> 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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* * * * * * *
Interstate Transport for the 2010 Statewide.......... 6/25/2021 8/29/2022, [Insert ...................
NO2 NAAQS. Federal Register
citation].
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[FR Doc. 2022-18532 Filed 8-26-22; 8:45 am]
BILLING CODE 6560-50-P
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