Rule2022-24748
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
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
November 16, 2022
Effective
December 16, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 220 (Wednesday, November 16, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air
Permit Section (ARPE), 214-665-2115, <a href="/cdn-cgi/l/email-protection#6d1a04010814430c0904030c2d081d0c430a021b"><span class="__cf_email__" data-cfemail="64130d08011d4a05000d0a05240114054a030b12">[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 ``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:
<bullet> Revisions to 20.2.79.5 NMAC--Effective Date,
<bullet> Revisions to 20.2.79.7 NMAC--Definitions,
<bullet> Revisions to 20.2.79.9 NMAC--Documents,
<bullet> Revisions to 20.2.79.109 NMAC--Applicability,
<bullet> Revisions to 20.2.79.115 NMAC--Emission Offsets,
<bullet> Revisions to 20.2.79.119 NMAC--Tables, and
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<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, 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
[[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
<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 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]
BILLING CODE 6560-50-P
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