[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Rules and Regulations]
[Pages 48860-48864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19819]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-NM-0009; FRL-9187-8]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Revisions to Emissions Inventory Reporting Requirements,
and General Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking direct final action to approve revisions to
the New Mexico State Implementation Plan (SIP). These revisions concern
two separate actions. First, we are approving revisions to regulations
on Emission Inventories (EIs) submitted by stationary sources of air
pollutants. EIs are critical for the efforts of state, local, and
federal agencies to attain and maintain the National Ambient Air
Quality Standards (NAAQS) that EPA has established for criteria
pollutants such as ozone, particulate matter, and carbon monoxide. The
revisions add new definitions; modify existing definitions; and require
stationary sources of air pollutants located in New Mexico outside of
Bernalillo County to report emissions location information,
PM2.5 emissions, and ammonia emissions to New Mexico
Environment Department (NMED). The revisions also allow NMED to require
speciation of hazardous air pollutants for emissions reporting. Second,
we are approving revisions to the New Mexico Administrative Code
(NMAC), 20.2.1 NMAC--General Provisions. We are adding a new definition
for Significant Figures into the New Mexico SIP. The EPA is approving
these two actions pursuant to section 110 of the Federal Clean Air Act
(CAA, Act).
DATES: This direct final rule will be effective October 12, 2010
without further notice unless EPA receives adverse comments by
September 13, 2010. If adverse comments are received, EPA will publish
a timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No EPA-R06-OAR-
2005-NM-0009, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at [email protected]. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
[[Page 48861]]
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2005-
NM-0009. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
The state submittal is also available for public inspection during
official business hours, by appointment, at the NMED, Air Quality
Bureau, 1301 Siler Road, Building B, Santa Fe, New Mexico 87507.
FOR FURTHER INFORMATION CONTACT: Mr. Emad Shahin for Emission Inventory
inquiries, Air Planning Section (6PD-L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733, telephone 214-665-6717; fax number 214-665-7263; e-mail address
[email protected], and Mr. Alan Shar for General Provisions
inquiries, Air Planning Section (6PD-L), telephone 214-665-6691; fax
number 214-665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we'', ``us'', or
``our'' refer to EPA.
Outline
I. What actions are we taking?
II. What is a SIP?
III. What is the background for these actions?
IV. What is EPA's evaluation of these revisions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What actions are we taking?
A. Emission Inventories
We are approving revisions to the New Mexico SIP submitted by the
State to meet the EI requirements of the CAA. The revisions were
submitted to EPA Region 6 on April 11, 2002, December 3, 2003, and
April 25, 2005.
The revisions to part 20.2.73 NMAC (Notice of Intent and Emissions
Inventory Requirements) allow NMED to meet EPA's Air Emissions
Reporting Requirements (40 CFR Part 51, Subpart A). In addition, the
revisions will allow the NMED to collect more specific data regarding
Hazardous Air Pollutants. We are approving these SIP revisions pursuant
to section 110 of the CAA. The reporting of emissions and emissions-
related data will help NMED to attain and maintain the NAAQS. See
Chapter A of the TSD for more information.
B. General Provisions
We received a SIP submittal package, with a letter dated April 8,
2010 from the Governor of New Mexico on behalf of the NMED, concerning
NMAC, Title 20 Environment Protection, Chapter 2 Air Quality, Part 1
General Provisions (20.2.1 NMAC--General Provisions). This submittal
revises the New Mexico SIP by adding a new section 20.2.1.116
Significant Figures to the existing state rule 20.2.1 NMAC--General
Provisions. Adopting 20.2.1.116 Significant Figures should facilitate
calculating air emissions and determining compliance with an emission
standard. We are approving this SIP revision pursuant to section 110 of
the Act.
C. EPA's Action
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on October 12, 2010
without further notice unless we receive relevant adverse comments by
September 13, 2010. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will then address all
public comments in a subsequent final rule based on the proposed rule.
However, we will not institute a second comment period on this action.
Any parties interested in commenting must do so now. Please note that
if we receive adverse comments on an amendment, paragraph, or section
of this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment. Further, in accordance with a
Consent Decree, we will finalize our action on the Emissions Inventory
portion of this SIP revision no later than January 2, 2011\1\.
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\1\ Notice of Proposed Settlement Agreement and Consent Decree,
75 FR 11886, March 12, 2010, and http://www.regulations.gov, docket
No. EPA-HQ-OGC-2010-0221.
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II. What is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
NAAQS established by EPA. NAAQS are established under section 109 of
the CAA, and currently address six criteria pollutants: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide.
The SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
state, to ensure that the state meets the NAAQS.
[[Page 48862]]
The SIP is required by section 110 and other provisions of the CAA.
These SIPs can be extensive, containing state regulations or other
enforceable documents and supporting information such as emissions
inventories, monitoring networks, and modeling demonstrations. Each
state must submit these regulations and control strategies to EPA for
approval and incorporation into the federally-enforceable SIP. Each
federally-approved SIP protects air quality primarily by addressing air
pollution at its point of origin.
III. What is the background of these actions?
A. Emission Inventory
Emissions inventories are surveys of actual and/or allowable
emissions of air pollutants in an area. Emissions inventories are
critical for the efforts of state, local, and federal agencies to
attain and maintain the NAAQS that EPA has established for criteria
pollutants such as ozone, particulate matter, and carbon monoxide.
States use emissions inventories submitted by stationary sources in
developing the inventories required by the Clean Air Act. In 2005, New
Mexico revised its SIP for air quality to amend the State regulations
on emissions inventories submitted by stationary sources of air
pollutants. The principal statutory authority for emissions inventory
reporting requirements is found in section 110(a)(2)(F) of the Act,
which provides that SIPs must require periodic reports on the nature
and amounts of emissions and emissions-related data as may be
prescribed by the EPA Administrator.
On April 11, 2002 New Mexico submitted to EPA a SIP revision that
included an amendment to the NMAC regulation 20.2.73, Notice of Intent
and Emission Inventory Requirements, Section 7, Definitions, which
revised the definition of ``Potential Emission Rate''. On December 1,
2003 submitted another revision to the SIP that added three new
definitions to Section 7, and revised Section 20.2.73.300, Emission
Inventory Requirements, to require smelters to submit an annual report
of sulfur input in tons per year, and added emission tracking
requirements for sulfur dioxide emission inventories. In July 2004 NMED
proposed to revise the State's regulations on emissions inventories. On
April 25, 2005 New Mexico submitted SIP revisions that required sources
to report emissions location information, PM 2.5 and ammonia emissions,
and allowed NMED to require reporting of speciated hazardous air
pollutants.
B. General Provisions
The purpose of the General Revisions (20.2.1 NMAC) is to establish
general requirements which apply to all parts of Chapter 2 (20.2.1
through 20.2.99 NMAC). We received a request to review and approve a
revision to the General Provisions (20.2.1 NMAC) with a letter dated
April 8, 2010. This submittal revises the New Mexico SIP by adding a
new section, 20.2.1.116--Significant Figures, to the existing state
rule 20.2.1 NMAC--General Provisions. The previous version of the
20.2.1 NMAC--General Provisions was approved by EPA on September 26,
1997 (62 FR 50518) at 52.1620(c)(66) effective November 25, 1997. We
are approving this revision to the 20.2.1 NMAC--General Provisions as a
direct final action.
IV. What is EPA's evaluation of these revisions?
A. Emission Inventories
New Mexico submitted revisions to 20.2.73 NMAC for inclusion into
the SIP that amend requirements on emissions inventories submitted by
stationary sources of air pollutants located in New Mexico outside of
Bernalillo County. The emissions inventory requirements for stationary
sources of air pollutants were revised to (1) include reporting on
emissions location information, PM2.5 emissions, and ammonia
emissions; and (2) allow NMED to require speciation of hazardous air
pollutants for emissions reporting. In 2002, EPA issued the
consolidated emissions reporting rule (CERR), (June 10, 2002 Federal
Register, 67 FR 39602). The rule consolidated the various emissions
reporting requirements that already exist into one place in the CFR,
established new reporting requirements related to particulate matter
less than or equal to 2.5 microns (PM2.5) and regional haze,
and established new requirements for the statewide reporting of area
source and mobile source emissions. On December 17, 2008, EPA issued
the Air Emissions Reporting Rule (73 FR 76539) which revised the
emissions reporting requirements. The requirements can be found at 40
CFR 51 Subpart A. We have evaluated the State's submittal and have
determined that the revisions meet the applicable requirements of the
CAA and EPA's regulations. For more information on our evaluation,
please see our Technical Support Document found in the electronic
docket at http://www.regulations.gov.
Approval of these revisions will make New Mexico's emission
inventory requirements consistent with EPA's Air Emissions Reporting
Requirements and will make EPA's approved SIP consistent with the
State's rules.
B. General Provisions
The revision to 20.2.1 NMAC--General Provisions, adds a new section
116, which sets forth the procedure to properly round significant
digits in an air emission calculation, and its reporting to the NMED.
These significant figures procedures will clarify any confusion with
regards to emission calculations and reporting of the values. Section
116 adopts the same significant figures procedures described in EPA's
June 6, 1990 Memorandum, from William G. Laxton, Technical Support
Division Director to John S. Seitz, Stationary Source Compliance
Division Director, entitled ``Performance Test Calculation
Guidelines.'' A copy of this guidance document is available in the EPA
docket No. EPA-R06-OAR-2005-NM-0009 for public inspection and review.
These significant figures procedures will assist the sources in
properly reporting air emissions, and assist the NMED's personnel in
determining sources' compliance with applicable emissions limitations.
This section should facilitate enforcement of the rules, and enhance
the New Mexico SIP.
V. Final Action
Today we are approving revisions to two portions of the New Mexico
SIP. First, we are approving revisions to regulations on EIs submitted
by stationary sources of air pollutants, in three SIP revisions
submitted on April 11, 2002, December 1, 2003, and April 25, 2005. The
revisions add new definitions, modify existing definitions, and require
stationary sources of air pollutants located in New Mexico outside of
Bernalillo County to report emissions location to NMED. The revisions
also allow NMED to require speciation of hazardous air pollutants for
purposes of reporting. Second, we are approving revisions to the 20.2.1
NMAC--General Provisions. We are also adding a new definition for
Significant Figures into the New Mexico SIP, a revision that was
submitted on April 8, 2010. EPA is approving these two actions pursuant
to section 110 of the Act.
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 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
[[Page 48863]]
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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act;
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);
Does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law; and
Is not a ``major rule'' as defined by 5 U.S.C. 804(2)
under the Congressional Review Act, 5 U.S.C. 801 et seq., added by the
Small Business Regulatory Enforcement Fairness Act of 1996. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule.''
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 October 12, 2010. 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) of the
Act.)
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: August 3, 2010.
Al Armendariz,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. The table in Sec. 52.1620(c) entitled ``EPA Approved New Mexico
Regulations'' is amended by:
0
a. Revising the entry for Part 1 under New Mexico Administrative Code
(NMAC) Title 20--Environment Protection, Chapter 2--Air Quality.
0
b. Revising the entry for Part 73 under New Mexico Administrative Code
(NMAC) Title 20--Environment Protection, Chapter 2--Air Quality.
The revisions read as follows:
Sec. 52.1620 Identification of plan.
* * * * *
(c) * * *
EPA Approved New Mexico Regulations
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State
State citation Title/subject approval/ EPA approval date Comments
submittal date
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New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
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Part 1............................ General Provisions... 4/8/2010 8/12/2010 [Insert FR page number where .....................................
document begins].
* * * * * * *
Part 73........................... Notice of Intent and 4/25/2005 8/12/2010 [Insert FR page number where .....................................
Emissions Inventory document begins].
Requirements.
* * * * * * *
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[FR Doc. 2010-19819 Filed 8-11-10; 8:45 am]
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