Proposed Rule2024-14434
Air Plan Approval; New Mexico; Periodic Emission Inventory SIP for the Sunland Park Nonattainment Area for the 2015 Ozone NAAQS
Primary source
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Published
July 3, 2024
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions related to the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Sunland Park New Mexico marginal nonattainment area.
Full Text
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<title>Federal Register, Volume 89 Issue 128 (Wednesday, July 3, 2024)</title>
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[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Proposed Rules]
[Pages 55136-55140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14434]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2023-0648; FRL-11992-01-R6]
Air Plan Approval; New Mexico; Periodic Emission Inventory SIP
for the Sunland Park Nonattainment Area for the 2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve State
Implementation Plan (SIP) revisions related to the 2015 8-hour ozone
National Ambient Air Quality Standards (NAAQS) for the Sunland Park New
Mexico marginal nonattainment area.
DATES: Written comments must be received on or before August 2, 2024.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2023-0648, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#d3a0b2bfb6befdbdb6a5babdb693efb2f3bba1b6b5ee" http: epa.gov">epa.gov</a>">salem.nevine@<a href="http://epa.gov">epa.gov</a></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 Ms. Nevine Salem, 214-
665-7222, <a href="/cdn-cgi/l/email-protection#b5c6d4d9d0d89bdbd0c3dcdbd0f589d495ddc7d0d388" http: epa.gov">epa.gov</a>">salem.nevine@<a href="http://epa.gov">epa.gov</a></a>. 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,
[[Page 55137]]
Infrastructure and Ozone Section, 214-665-7222, <a href="/cdn-cgi/l/email-protection#1360727f767e3d7d76657a7d76532f72337b6176752e" http: epa.gov">epa.gov</a>">salem.nevine@<a href="http://epa.gov">epa.gov</a></a>.
We encourage the public to submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 (NOX) in the atmosphere in the
presence of sunlight. Therefore, an emission inventory for ozone
focuses on the emissions of VOC and NOX referred to as ozone
precursors. These precursors (VOC and NOX) 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 65292 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 4, 2018, the EPA classified the Sunland Park area in
southern Do[ntilde]a Ana County, New Mexico as a marginal nonattainment
area for 2015 ozone NAAQS with an attainment deadline of August 3,
2021. (See 83 FR 25776). Any state in which a marginal nonattainment
area is located is required to submit certain SIP elements to the EPA
in accordance with section 182(a) of the CAA.
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 sections 182(a)(1) and 182(a)(3)(A) require submission of base
year and periodic emissions inventories respectively for each ozone
nonattainment area.\3\ States are required to submit a periodic
inventory of emissions sources in the nonattainment areas to meet the
requirements of CAA 182 (a)(3)(A), as specified in the Air Emissions
Reporting Requirement (AERR) at 40 CFR part 51, subpart A. Each
periodic inventory shall be submitted no later than the end of each 3-
year period after the required submission of the base year inventory
for the nonattainment area and this requirement shall apply until the
area is redesignated to attainment. The emissions value included in the
inventories shall be actual ozone season day emissions as defined by
Sec. 51.1300(q).\4\ These requirements allow the EPA, based on the
states' progress in reducing emissions, to periodically reassess its
policies and air quality standards and revise them as necessary. Most
important, these inventories will be used to develop and assess new
control strategies that states may use in attainment demonstration SIPs
for the new NAAQS for ozone or other pollutants. The inventory may also
serve as part of statewide inventories for purposes of regional
modeling in transport areas, where the inventory plays an important
role in modeling demonstrations for areas classified as nonattainment
and outside transport regions.
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\3\ For each nonattainment area, the state shall submit a base
year inventory as defined by Sec. 51.1300(p) to meet the emissions
inventory requirement of CAA section 182(a)(1). This inventory shall
be submitted no later than 24 months after the effective date of
designation. The inventory year shall be selected consistent with
the baseline year for the RFP plan as required by Sec. 51.1310(b).
\4\ See Implementation of 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements Rule (SRR) 83 FR 62998.
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II. State's Submittal
CAA Sections 182(a)(3) and 172(c)(3) require the periodic
submission of emissions inventories for the SIP planning process to
address SIP requirements applicable to ozone nonattainment areas in
each classification category. The area of Sunland Park in southern
Do[ntilde]a Ana County was classified as marginal nonattainment for the
2015 ozone NAAQS; initiating a two-year deadline to submit a baseline
emissions inventory, followed by a periodic emission inventory every 3-
years until the nonattainment area attains the standard (83 FR 25776).
New Mexico Environmental Department (NMED's) baseline emissions
inventory revisions SIP for the 2015 ozone NAA submittal was approved
by EPA on April 6, 2022 (87 FR 12592).
[[Page 55138]]
On December 20, 2023, NMED submitted SIP revisions that included
the periodic emissions inventory for the Sunland Park Nonattainment
area. The inventory was submitted to meet the CAA section 182(a)(3)(A)
obligation to develop a periodic emission inventory every 3-years after
their base year inventory until the nonattainment area is designated as
attainment for the NAAQS. The State conducted a public comment period
with a public hearing and the State did not receive any comment during
the comment period or the hearing.
The inventory includes annual and ozone season daily emissions
<SUP>5 6</SUP> for the 2020 base year precursors NO<INF>X</INF> and VOC
emissions from different source categories. The source sector types
include industrial and small point sources (e.g., utilities), area
nonpoint sources (e.g., residential heating commercial cooking, surface
coating, gasoline dispensing facilities, etc.), on-road mobile sources
(i.e., tailpipe exhaust), nonroad mobile sources (e.g., lawn and garden
equipment, construction, agricultural equipment, etc.), and fires
(e.g., wildfires, prescribed burnings).
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\5\ Ozone season day emissions means an average day's emissions
for a typical ozone season work weekday. The state shall select,
subject to EPA approval, the particular month(s) in the ozone season
and the day(s) in the work week to be represented, considering the
conditions assumed in the development of RFP plans and/or emissions
budgets for transportation conformity.
\6\ Although the Ozone Season is defined for New Mexico as the
entire year (January 1-December 31), as listed at Table D-3 to
Appendix D of Part 58. Ozone Monitoring Season by state (<a href="https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-58/appendix-Appendix">https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-58/appendix-Appendix</a> D to Part 58), for this inventory, NMED is
focusing on the peak ozone season emissions for the 3-month period
from June 1 through August 31.
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The state submitted annual NO<INF>X</INF> and VOC emissions in tons
per year by sector for Sunland Park nonattainment area as well as
Do[ntilde]a Ana County emissions. The submittal also includes the
NO<INF>X</INF> and VOC emissions in tons per ozone season day by sector
during a typical summer day.\7\ (reflective of the summer period, when
the highest ozone concentrations are expected in the ozone
nonattainment areas). Table 1 below shows annual NO<INF>X</INF>
emissions countywide (Do[ntilde]a Ana County), annual NO<INF>X</INF>
emissions Sunland Park Nonattainment Area (NAA), and Sunland Park Ozone
season daily emissions. Table 2 shows the 2020 VOC annual emission by
category for the Sunland Park ozone nonattainment areas.
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\7\ See Ozone season day emission as defined in 40 CFR
51.1300(q), <a href="https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-CC/section-51.1300">https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-51/subpart-CC/section-51.1300</a>.
Table 1--NOX Emissions Sunland Park, Do[ntilde]a Ana County, New Mexico
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Sunland Park, NM
Do[ntilde]a Ana Sunland Park, NM nonattainment area
Source category County emissions nonattainment ozone season daily
(tpy) emissions (tpy) emissions (lb/day)
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Point.............................................. 1,155.22 740.6 4,046.99
Nonpoint Area...................................... 1,588.62 42.01 229.56
Onroad............................................. 3,590.66 111.04 606.78
Nonroad............................................ 430.87 10.49 57.32
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Total.......................................... 6,765.37 904.14 4,940.66
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Table 2--VOC Emissions Sunland Park, Do[ntilde]a Ana County New Mexico
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Sunland Park, NM
Do[ntilde]a Ana Sunland Park, NM nonattainment area
Source category County emissions nonattainment area ozone season daily
(tpy) emissions (tpy) emissions (lb/day)
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Point.............................................. 114.84 41.78 228.31
Nonpoint Area...................................... 10,933.55 134.11 732.84
Onroad............................................. 1,206.00 25.41 138.85
Nonroad............................................ 311.27 7.92 43.28
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Total.......................................... 12,565.66 209.23 1,143.28
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[[Page 55139]]
III. EPA's Evaluation
EPA has reviewed the New Mexico SIP revision for consistency with
the CAA and regulatory periodic emissions inventory requirements. EPA
also reviewed the techniques used by the state of New Mexico to derive
and quality assure the emission estimates used in preparing the
periodic emission inventory. New Mexico documented the procedures used
to estimate the emissions for each of the four major inventory source
types using 2020 National Emissions Inventory (NEI). The documentation
of the emission estimation procedures was adequate for us to determine
that New Mexico followed acceptable procedures to estimate the
emissions. Quality Assurance (QA) checks were performed relative to
data collection and analysis, and double counting of emissions from
point, area, and mobile sources. QA/Quality Control checks were
conducted to ensure accuracy of units, unit conversions, transposition
of figures, and calculations.
New Mexico notified the public in both English and Spanish and
offered the opportunity for comment and public hearing. A full record
of public notices is included in the state's submittal. New Mexico did
not receive any comments during the 30-day public comment period or
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-
VI. Proposed Action
Based on the EPA's review, the periodic year emissions inventory
submitted by the state of New Mexico for Sunland Park ozone
nonattainment area, and entire Do[ntilde]a Ana County include essential
data elements, source categories, sample calculations, and report
documentation in accordance with CAA sections 182(a)(3)(A)
requirements, and has been developed in accordance with EPA
guidance.\8\ Therefore, the EPA is proposing to approve the periodic
emission inventory for Sunland Park 2015 ozone nonattainment area.
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\8\ See: Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations (<a href="http://epa.gov">epa.gov</a>) May 2017, <a href="https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf">https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf</a>.
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V. Environmental Justice Considerations
The EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within the
approximate 13.86 square miles contained in the portion of the ozone
nonattainment area within Sunland Park, New Mexico. The complete report
is available in the public docket for this action. The Environmental
Justice Index for eight of the twelve EJScreen indicators exceed the
80th percentile in the United States; seven of the twelve EJScreen
indicators exceed the 80th percentile in the State of New Mexico. Five
of the twelve indicators exceed the 90th percentile in both the State
of New Mexico and the United States, including indices for particulate
matter 2.5, ozone, air toxics cancer risk, air toxics respiratory, and
wastewater discharge. This analysis showed an approximate population of
17,408 residents based on the 2017-2021 Census. Within this area,
EJScreen identified that approximately 95% of the population are people
of color with 58% identified as low income. Additionally, approximately
34% of the population is linguistically isolated and 30% of the
population has less than a high school education.
This proposed action is to approve the periodic emission inventory
for Sunland Park 2015 ozone nonattainment area, in which updated air
emissions data in the National Emissions Inventory (NEI) is available
on EPA public web page.\9\ This proposed action is not anticipated to
have a disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
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\9\ National Emissions Inventory (NEI) [bond] US EPA, <a href="https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei">https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei</a>.
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VI. 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 Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 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.
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.''
The New Mexico Environmental Department did not evaluate
environmental justice considerations as part of its SIP revision
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA performed an environmental
justice analysis, as is described above in the section titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
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rulemaking to the public, not as a basis of the action. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-14434 Filed 7-2-24; 8:45 am]
BILLING CODE 6560-50-P
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