Rule2023-03887
Air Plan Approval; New Mexico; Excess Emissions
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 3, 2023
Effective
April 3, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA, the Act), the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the New Mexico Environment Department (NMED) on October 13, 2016. The revision was submitted in response to a finding of substantial inadequacy and SIP call as published by EPA on June 12, 2015, concerning excess emissions during periods of startup, shutdown, and malfunction (SSM) events. EPA is approving the SIP revision and finds that such revision corrects the inadequacies identified in New Mexico's SIP in the June 12, 2015 SIP call.
Full Text
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<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Rules and Regulations]
[Pages 13320-13322]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03887]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0676; FRL-10186-02-R6]
Air Plan Approval; New Mexico; Excess Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA, the Act), the
Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the New Mexico
Environment Department (NMED) on October 13, 2016. The revision was
submitted in response to a finding of substantial inadequacy and SIP
call as published by EPA on June 12, 2015, concerning excess emissions
during periods of startup, shutdown, and malfunction (SSM) events. EPA
is approving the SIP revision and finds that such revision corrects the
inadequacies identified in New Mexico's SIP in the June 12, 2015 SIP
call.
DATES: This rule is effective on April 3, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0676. 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: Mr. Alan Shar, Regional Haze and
SO<INF>2</INF> Section, EPA Region 6 Office, 1201 Elm Street, Suite
500, Dallas, Texas 75270, (214) 665-6691, <a href="/cdn-cgi/l/email-protection#61320900134f000d000f210411004f060e17"><span class="__cf_email__" data-cfemail="9ac9f2fbe8b4fbf6fbf4daffeafbb4fdf5ec">[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
September 30, 2022 (87 FR 59373) proposal. In that document we proposed
to approve a revision to the New Mexico SIP submitted on October 13,
2016, in response to EPA's national SIP call of June 12, 2015,
concerning excess emissions during periods of SSM. Specifically, we
proposed to approve the removal of sections 20.2.7.111 NMAC, 20.2.7.112
NMAC, 20.2.7.113 NMAC, 20.2.7.6(B) NMAC, 20.2.7.110(B)(15) NMAC,
20.2.7.115 NMAC, and 20.2.7.116 NMAC of Part 7 Excess Emissions from
the New Mexico SIP. We also proposed to determine that
[[Page 13321]]
such SIP revision corrects the substantial inadequacies with the New
Mexico identified in the June 12, 2015 SIP call.
II. Response to Comments
The public comment period for our proposed approval and
determination expired on October 30, 2022, and no adverse comments were
received. We received one comment supporting removal of sections
20.2.7.111 NMAC, 20.2.7.112 NMAC, 20.2.7.113 NMAC, 20.2.7.6(B) NMAC,
20.2.7.110(B)(15) NMAC, 20.2.7.115 NMAC, and 20.2.7.116 NMAC of Part 7
Excess Emissions from the New Mexico SIP. Therefore, we are finalizing
our action as proposed.
III. Final Action
The EPA is approving a revision to the New Mexico SIP submitted on
October 13, 2016, in response to EPA's national SIP call of June 12,
2015, concerning excess emissions during periods of SSM. Specifically,
we are approving the removal of sections 20.2.7.111 NMAC, 20.2.7.112
NMAC, 20.2.7.113 NMAC, 20.2.7.6(B) NMAC, 20.2.7.110(B)(15) NMAC,
20.2.7.115 NMAC, and 20.2.7.116 NMAC of Part 7 Excess Emissions from
the New Mexico SIP. We are approving these revisions in accordance with
section 110 of the Act. EPA is also determining that such SIP revision
corrects the deficiencies in New Mexico's SIP identified in the June
12, 2015 SIP call.
IV. Environmental Justice Considerations
As stated in the proposal and for informational purposes only, EPA
provided additional information regarding this action and potentially
impacted populations. 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.'' 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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EPA provided additional analysis of environmental justice
associated with this action for the purpose of providing information to
the public in our September 30, 2022 proposal (87 FR 59373). As
discussed in the proposal, this action is intended to ensure that all
communities and populations across New Mexico, and downwind areas,
including people of color and low-income and indigenous populations
overburdened by pollution, receive the full human health and
environmental protection provided by the CAA through the removal of
affirmative defense provisions that have interfered with the
enforcement structure of the CAA by raising inappropriate impediments
to enforcement by states, the EPA, or citizens. There is nothing in the
record which would indicate that this action will have
disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
V. 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 removing the incorporation by reference of certain
sections of the ``20.2.7 NMAC'' in 40 CFR 52.1620, as described in the
Final Action above. The EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">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 removal from the New Mexico
SIP, have been removed from incorporation by reference by EPA into that
plan, are no longer federally enforceable under sections 110 and 113 of
the CAA as of the effective date of the final rulemaking of EPA's
approval, and incorporation by reference will be removed in the next
update to the SIP compilation.
VI. 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 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, as 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
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).
Consistent with the EPA Policy on Consultation and Coordination with
Indian Tribes (May 4, 2011), the EPA offered consultation (by letter
dated September 29, 2022) on our proposed rulemaking to tribal
governments that may be affected by this action. We received no
requests for formal tribal consultation.
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).
[[Page 13322]]
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 2, 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: January 30, 2023.
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(c), the first table titled ``EPA Approved New
Mexico Regulations'' is amended by revising the entry for ``Part 7'' to
read as follows:
Sec. 52.1620 Identification of plan.
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(c) * * *
EPA Approved New Mexico Regulations
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State approval/ effective EPA approval
State citation Title/ subject date date Comments
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New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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Part 7........ Excess Emissions 7/10/2008, 10/13/2016 9/14/2009, 74 FR Sections 20.2.7.111 NMAC,
46910, 3/3/2023 20.2.7.112 NMAC, 20.2.7.113
[Insert Federal NMAC, 20.2.7.6(B) NMAC,
Register 20.2.7.110(B)(15) NMAC,
citation]. 20.2.7.115 NMAC, and
20.2.7.116 NMAC are no longer
in SIP, 3/3/2023.
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[FR Doc. 2023-03887 Filed 3-2-23; 8:45 am]
BILLING CODE 6560-50-P
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