[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Proposed Rules]
[Pages 15963-15972]
[FR Doc No: 2015-06932]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0270; FRL-9925-12-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
State of New Mexico; Infrastructure SIP Requirements for the 2008 Ozone
and 2010 Nitrogen Dioxide National Ambient Air Quality Standards;
Interstate Transport of Fine Particulate Matter Air Pollution Affecting
Visibility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of a State Implementation Plan (SIP) submission from
the State of New Mexico addressing the applicable requirements of Clean
Air Act (CAA) section 110 for the 2008 National Ambient Air Quality
Standards (NAAQS) for Ozone (O3) and the 2010 NAAQS for
Nitrogen Dioxide (NO2), both of which require that each
state adopt and submit a SIP to support implementation, maintenance,
and enforcement of each new or revised NAAQS promulgated by EPA. These
SIPs are commonly referred to as ``infrastructure'' SIPs. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. EPA is also
proposing to find that the State of New Mexico meets the 2006 fine
particulate matter (PM2.5) NAAQS requirement pertaining to
interstate transport of air pollution and visibility protection.

DATES: Written comments must be received on or before April 27, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2014-0270, by one of the following methods:
     www.regulations.gov. Follow the online instructions.

     Email: Ms. Sherry Fuerst at<EMAIL_ADDRESS>     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. 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.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0270. 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 email. 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 email comment
directly to EPA without going through www.regulations.gov, your email
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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Fuerst,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Ms. Fuerst or Mr. Bill Deese at (214) 665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Applicable Elements of Sections 110(a)(1) and (2) Related to the
2008 O3 and 2010 NO2 NAAQS
III. EPA's Evaluation of New Mexico's 2008 O3 and 2010
NO2 NAAQS Infrastructure Submissions
IV. EPA's Evaluation of Interstate Transport of Air Pollution and
Visibility Protection for the 2006 PM2.5 NAAQS in New
Mexico's SIP
V. Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    EPA is proposing action on two SIP submissions from New Mexico that
address the infrastructure requirements of CAA sections 110(a)(1) and
(a)(2). The first action was submitted on August 27, 2013 for the 2008
O3 NAAQS and the second was submitted on March 12, 2014, for
the 2010 NO2 NAAQS. Pursuant to section 110(a)(1), states
must make SIP submissions ``within 3 years (or such shorter period as
the Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof),'' and
these SIP submissions are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS. Section 110(a)(2)
includes a list of specific elements that ``[e]ach such plan''
submission must address. EPA has historically referred to these SIP
submissions made for the purpose of satisfying the requirements of CAA
sections 110(a)(1) and (a)(2) as ``infrastructure SIP'' submissions.
    One of the SIP requirements for new or revised NAAQS is to provide
adequate provisions prohibiting emissions which interfere with required
measures in any other State to protect visibility (CAA
110(a)(2)(D)(i)(II)). In a June 12, 2009 SIP submittal, New Mexico
stated that they had satisfied the SIP requirements of CAA 110(a) for
the PM2.5 NAAQS promulgated in 2006. The other portions of
the June 12, 2009 SIP submittal were previously approved (January 22,
2013, 78 FR 4337, July 9, 2013, 78 FR 40966). No action was taken on
the portion pertaining to CAA 110(a)(2)(D)(i)(II) and visibility
protection. We received additional SIP submittals concerning visibility
protection on September 17, 2007, July 5, 2011, and November 5, 2013.
On November 27, 2012, we approved the New Mexico Regional Haze SIP
except for the Best Available Retrofit Technology (BART) determination
for the San Juan Generating Station (SJGS) (77 FR 70693). On October 9,
2014, we approved a revision to the New Mexico Regional Haze SIP that
addressed BART for SJGS, making the emission limitations federally
enforceable on SJGS through our SIP approval action, and therefore
because of the federally enforceable provisions for SJGS, we also were
able to find that the New Mexico SIP satisfies the requirements of CAA
110(a)(2)(D)(i)(II) with respect to interstate transport of air
pollution and visibility protection for the 8-hour ozone and
PM2.5 NAAQS (79 FR 60985) (the New Mexico Visibility
Transport SIP). Even though the State's 2011 and 2013 submittals were
not limited to the 1997 PM2.5 NAAQS for a Visibility SIP, we
overlooked the opportunity to clearly address the 110(a)(2)(D)(i)(II)
requirement for visibility protection in connection with the
PM2.5 NAAQS promulgated in 2006 (the 2006 PM2.5
NAAQS). We therefore are proposing to find that the November 27, 2012
and October 9, 2014 final SIP actions pertaining to the interstate
transport requirement for visibility protection meet the requirement
for the 2006 PM2.5 NAAQS.
    Additional information about EPA's review of the information New
Mexico presented in these SIP submittals, how EPA reviews
infrastructure SIPs and effects of recent Supreme Court decisions on
these infrastructure SIPs can be found in the Technical Support
Document, including Appendices A and B.

II. Applicable Elements of Sections 110(a)(1) and (2) Related to the
2008 O3 and 2010 NO2 NAAQS

    On March 27, 2008, EPA revised the primary and secondary
O3 NAAQS (hereafter the 2008 O3 NAAQS).\1\ The
level of the primary (health-based) standard was revised to 0.075 parts
per million (ppm) based on a 3-year average of the fourth-highest
maximum 8-hour average concentration. EPA revised the secondary
standard for O3 making it identical to the revised primary standard.
EPA also made a conforming change to the Air Quality Index (AQI) for
O3, setting an AQI value of 100 equal

to 0.075 ppm, 8-hour average, and making proportional changes to the
AQI values of 50, 150 and 200 measured as O3 and not to be
exceeded with an averaging time of a rolling 3-month period. (73 FR
16436).\2\
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    \1\ The previous O3 NAAQS were issued in 1997. They
established a primary standard of 0.08 ppm not to be exceeded as
determined by the 3-year average of the annual fourth-highest daily
maximum 8-hour concentrations (62 FR 38856, July 18, 1997).
    \2\ Although the effective date of the Federal Register notice
for the final rule was May 27, 2008, the rule was signed by the
Administrator and publicly disseminated on March 27, 2008.
Therefore, the deadline for submittal of infrastructure SIPs for the
2008 O3 NAAQS was March 27, 2011.
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    On February 9, 2010, based on its review of the air quality
criteria for oxides of nitrogen and the primary national ambient air
quality standard (hereafter the 2010 NO2 NAAQS) \3\ for
oxides of nitrogen as measured by nitrogen dioxide (NO2),
EPA made revisions to the primary NO2 NAAQS in order to
provide requisite protection of public health. Specifically, EPA
established a new 1-hour standard at a level of 100 ppb, based on the
3-year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations, to supplement the existing annual
standard. EPA also established requirements for an NO2
monitoring network that includes monitors at locations where maximum
NO2 concentrations are expected to occur, including within
50 meters of major roadways, as well as monitors sited to measure the
area-wide NO2 concentrations that occur more broadly across
communities. (75 FR 6474).\4\
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    \3\ The previous NO2 NAAQS was issued in 1996. It
established a primary and secondary standards of for nitrogen
dioxide (NO2) as 0.053 parts per million (ppm) (100
micrograms per meter cubed (g/m\3\)) annual arithmetic average. (61
FR 52852, October 8, 1996).
    \4\ Although the effective date of the Federal Register notice
for the final rule was April 12, 2010, the rule was signed by the
Administrator and publicly disseminated on February 9, 2010.
Therefore, the deadline for submittal of infrastructure SIPs for the
2008 NO2 NAAQS was February 9, 2013.
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    For both the 2008 O3 and 2010 NO2 NAAQS,
states have to review and revise, as appropriate, their existing SIPs
to ensure that they are adequate. EPA issued guidance on September 13,
2013, addressing the infrastructure SIP elements required under
sections 110(a)(1) and (2) for most the NAAQS.\5\ EPA addresses these
elements below in Section III.
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    \5\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
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III. EPA's Evaluation of New Mexico's 2008 O3 and 2010
NO2 NAAQS Infrastructure Submissions

    On August 27, 2013 and March 12, 2014, the state of New Mexico sent
a letter signed by the Cabinet Secretary of the New Mexico
Environmental Department to EPA demonstrating how the existing New
Mexico SIP met all the requirements for the 2008 O3 NAAQS
and the 2010 NO2 NAAQS, respectively. Public notice and
public hearings were provided by the State of New Mexico when
developing these SIP submissions. These SIP submissions became complete
by operation of law on February 27, 2014 and September 12, 2014,
respectively. See CAA section 110(k)(1)(B).
    EPA has an established procedure for reviewing infrastructure SIPs.
A discussion of the CAA requirements and EPA's approach for reviewing
infrastructure SIPs is outlined in Appendix A of the O3 and
NO2 Technical Support Document.
    (A) Emission limits and other control measures: The CAA Section
110(a)(2)(A) requires SIPs to include enforceable emission limits and
other control measures, means or techniques, schedules for compliance
and other related matters as needed to implement, maintain and enforce
each of the NAAQS.\6\
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    \6\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2008 O3
or NO2 NAAQS. Those SIP provisions are due as part of
each state's attainment plan, and will be addressed separately from
the requirements of section 110(a)(2)(A). In the context of an
infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the
implementation of the NAAQS.
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    New Mexico's Environmental Improvement Act and Air Quality Control
Act authorize the New Mexico Environment Department (NMED) to regulate
air quality and implement air quality control regulations.
Specifically, the New Mexico Air Quality Control Act delegates
authority to the Environmental Improvement Board (EIB) to adopt,
promulgate, publish, amend and repeal regulations consistent with the
State's Air Quality Control Act to attain and maintain NAAQS and
prevent or abate air pollution (NMSA 1978, Section 74-2-5(B)). The Air
Quality Control Act also designates the NMED as the State's air
pollution control agency, and the Environmental Improvement Act
provides the NMED with enforcement authority. These statutes have been
approved into the SIP (see 44 FR 21019, April 9, 1979; revised 49 FR
44101, November 2, 1984; re-codified and approved in 62 FR 50518,
September 26, 1997).
    NMED's air quality rules and standards are codified at Title 20
Environmental Protection, Chapter 2 Air Quality (Statewide) of NMAC.
Numerous parts of the regulations codified into Chapter 2 necessary for
implementing and enforcing the NAAQS have been adopted into the SIP.
The approved SIP for New Mexico is documented at 40 CFR 52.1620,
Subpart GG. The TSD for the action provides additional information on
specific rules that have been adopted into the SIP.
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in the
submission or referenced in New Mexico's SIP, EPA believes that the New
Mexico SIP adequately addresses the requirements of section
110(a)(2)(A) for the 2008 O3 and 2010 NO2 NAAQS
and is proposing to approve this element of the August 27, 2013 and
March 12, 2014 SIP submissions.
    (B) Ambient air quality monitoring/data system: The CAA Section
110(a)(2)(B) requires SIPs to include provisions to provide for
establishment and operation of ambient air quality monitors, collection
and analysis of ambient air quality data, and making these data
available to EPA upon request.
    To address this element, the Air Quality Act at NMSA 1978, section
74-2-5 provides the enabling authority necessary for the New Mexico EIB
and NMED to fulfill the requirements of section 110(a)(2)(B). Along
with their other duties, the NMED collects air monitoring data,
quality-assures the results, and reports the data.
    Historically, EPA has promulgated regulations in 40 CFR part 58
(Ambient Air Quality Surveillance), indicating the necessary data
states need to collect and submit as part of their SIPs. Monitoring
networks are designed to meet three basic criteria: (a) Provide timely
results (b) provide results that verify compliance with the NAAQS and
(c) to support research. For the 2008 O3 NAAQS, EPA
regulations require that states and, where appropriate, local agencies
must operate O3 monitoring sites for various locations
depending upon area size (in terms of population and geographic
characteristics) and typical peak concentrations (expressed in
percentages below, or near the O3 NAAQS).\7\ For the 2010
NO2 NAAQS, EPA regulations require that state and, where
appropriate, local agencies must operate a minimum number of required
NO2 monitoring sites as described in 40

CFR part 58 Appendix D 4.3.1. Ambient NO2 monitoring
locations are broken down into two types, near-road monitoring stations
and area wide locations. Both monitoring location types are based on
population density. As previously stated, these requirements are
contained in 40 CFR part 58 Appendix D. These requirements were last
revised on October 17, 2006 as part of a comprehensive review of
ambient monitoring requirements for all criteria pollutants. (See 71 FR
61236).
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    \7\ 40 CFR part 58 Appendix D 4.1.
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    The New Mexico statewide air quality surveillance network was
approved into the New Mexico SIP by EPA on August 6, 1981 (46 FR
40005). Furthermore, New Mexico's air quality surveillance network
undergoes recurrent annual review by EPA, as required by 40 CFR 58.10.
On July 15, 2013, NMED submitted its 2013 Annual Air Monitoring Network
Plan (AAMNP) that included ambient monitoring for the 2008
O3 and 2010 NO2 NAAQS, and EPA approved the 2013
AAMNP on February 19, 2014.\8\ In addition, NMED conducts a recurrent
assessment of its monitoring network every five years, which includes
an evaluation of the need to conduct ambient monitoring for
O3 and NO2, as required by 40 CFR 58.10(d). The
most recent of these 5-year monitoring network assessments was
conducted by NMED and submitted in June 2010, and was subsequently
approved by EPA.\9\ In evaluating the need to perform ambient
monitoring for O3 and NO2 in its most recent 5-
year monitoring network assessment, NMED concluded that monitors should
be upgraded to newer models for both O3 and NO2,
which is part of their continuing routine maintenance. NMED will
continue to evaluate the ambient monitoring for O3 and
NO2 every five years when it performs its recurrent ambient
monitoring network assessment.
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    \8\ A copy of the 2013 AAMNP and EPA's approval letter are
included in the docket for this proposed rulemaking.
    \9\ A copy of the 2010 5-year ambient monitoring network
assessment and EPA's approval letter are included in the docket for
this proposed rulemaking.
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    NMED makes ambient monitoring data available for public review on
its Web site, as well as on national Web sites.\10\ The NMED Web site
provides the monitor locations and posts past and current
concentrations of criteria pollutants measured in the State's network
of monitors.\11\ The NMED monitors that are not certified as meeting
the federal requirements are identified as ``non-regulatory''
monitors.\12\ The State submits air monitoring data to EPA on a
quarterly basis and certifies the data annually.
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    \10\ See http://www.nmenv.state.nm.us/aqb/monitor/airmonitoringnetwork.html, http://drdasnm1.alink.com/ and http://airnow.gov.
    \11\ See http://air.nmenv.state.nm.us.
    \12\ These include for example, special purpose monitors (SPMs).
Special purpose monitoring is conducted on a frequent basis for a
variety of reasons: As a tool to supplement state ambient air
monitoring networks to obtain information on where to locate
permanent monitoring stations, to provide additional data in support
of pollutant formation and transport analyses, or to assess air
quality in a particular location. These studies vary in duration
from being temporary sites needed only during a portion of the year
to long-term air pollution studies over a large area.
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    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in the
submissions or referenced in New Mexico's SIP, EPA believes that these
New Mexico SIPs meet the requirements of section 110(a)(2)(B) for the
2008 O3 and 2010 NO2 NAAQS and is proposing to
approve these elements of the August 27, 2013 and March 12, 2014, SIP
submissions.
    (C) Program for enforcement of control measures (PSD, New Source
Review for nonattainment areas, and construction and modification of
all stationary sources): The CAA Section 110(a)(2)(C) requires states
to include the following three elements in the SIP: (1) A program
providing for enforcement of all SIP measures described in section
110(a)(2)(A); (2) a program for the regulation of the modification and
construction of stationary sources as necessary to protect the
applicable NAAQS (i.e., state-wide permitting of minor sources); and
(3) a permit program to meet the major source permitting requirements
of the CAA (for areas designated as attainment or unclassifiable for
the NAAQS in question).\13\
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    \13\ As discussed in further detail below, this infrastructure
SIP rulemaking will not address the New Mexico program for
provisions related to nonattainment areas, since EPA considers
evaluation of these provisions to be outside the scope of
infrastructure SIP actions.
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    (1) Enforcement of SIP Measures. The New Mexico statutes provide
authority for the Environmental Improvement Board and the NMED to
enforce the requirements of the Air Quality Act, and any regulations,
permits, or final compliance orders issued under the provisions of the
Act. General enforcement authority is provided by NMSA 1978, section
74-1 and NMSA 1978, section 74-2, which addresses general enforcement
power; investigation and remediation agreements; civil and criminal
penalties; compliance orders and emergency cease and desist orders;
civil actions; and a field citation program.
    The Environmental Improvement Act, which has been approved into the
SIP (49 FR 44101, 64 FR 29255), authorizes the creation of the
Environmental Improvement Board (NMSA 1978, section 74-1-4); authorizes
the EIB, the NMED, and its Secretary to file lawsuits, conduct
investigations and enter into remediation agreements, enforce rules,
regulations and orders promulgated by the EIB, and collect civil
penalties (NMSA 1978, section 74-1-6); develop and enforce rules and
standards related to protection of air quality (NMSA 1978, sections 74-
1-7 and 74-1-8); and issue compliance orders and commence civil actions
in response to violations (NMSA 1978, section 74-1-10).
    Likewise, the Air Quality Control Act empowers the EIB and NMED to
institute legal proceedings to compel compliance with the Air Quality
Control Act and any regulations of the EIB or local air quality control
agencies (NMSA 1978, section 74-2-5.1); issue compliance orders,
commence civil actions, and issue field citations (NMSA 1978, section
74-2-12); assess civil penalties for violations of the Act or
regulations promulgated under it or permits issued (NMSA 1978, section
74-2-12.1); conduct inspections of regulated entities (NMSA 1978,
section 74-2-13); and pursue criminal prosecutions (NMSA 1978,
section74-2-14). Additional enforcement authorities and funding
mechanisms are provided by the Act at NMSA 1978, section 74-2-15. These
sections of the Air Quality Control Act were adopted into the SIP on
November 2, 1984 (49 FR 44101).
    NMED air quality standards and regulations containing specific
enforcement provisions and adopted into the SIP include: 20.2.7 NMAC
Excess Emissions (74 FR 46910) and 20.2.72 Construction Permits (38 FR
12702 and 62 FR 50514).
    (2) Minor New Source Review. The CAA Section 110(a)(2)(C) also
requires that the SIP include measures to regulate construction and
modification of stationary sources to protect the NAAQS. With respect
to smaller statewide minor sources Section 110(a)(2)(C) creates ``a
general duty on States to include a program in their SIP that regulates
the modification and construction of any stationary source as necessary
to assure that the NAAQS are achieved (70 FR 71612 and 71677).'' EPA
provides states with discretion in implementing their Minor NSR
programs (71 FR 48696 and 48700). The ``considerably less detailed''
regulations for minor NSR are provided in 40 CFR

51.160 through 51.164. EPA has determined that New Mexico's Minor NSR
program adopted pursuant to section 110(a)(2)(C) of the Act regulates
emissions of all regulated air contaminants for which there is a NAAQS
(see <IP_ADDRESS> NMAC). New Mexico's Minor NSR permitting requirements
are found at 20.2.72 NMAC--Construction Permits and were approved into
the SIP on May 14, 1973 (38 FR 12702), with revisions approved on
September 26, 1997 (62 FR 50514), June 13, 2012 (77 FR 35273), and
March 11, 2013 (78 FR 15296).
    In this action, EPA is proposing to approve New Mexico's
infrastructure SIPs for the 2008 O3 and 2010 NO2
standards with respect to the general requirement in section
110(a)(2)(C) to include a program in the SIP that regulates the
modification and construction of any stationary source as necessary to
assure that the NAAQS are achieved. However, EPA is not proposing to
approve or disapprove New Mexico's existing minor NSR program to the
extent that it may be inconsistent with EPA's regulations governing
this program. EPA has maintained that the CAA does not require that new
infrastructure SIP submissions correct any defects in existing EPA-
approved provisions of minor NSR programs in order for EPA to approve
the infrastructure SIP for element C (e.g., 76 FR 41076-41079). EPA
believes that a number of states may have Minor NSR provisions that are
contrary to the existing EPA regulations for this program. The
statutory requirements of section 110(a)(2)(C) provide for considerable
flexibility in designing Minor NSR programs, and EPA believes it may be
time to revisit the regulatory requirements for this program to give
the states an appropriate level of flexibility to design a program that
meets their particular air quality concerns, while assuring reasonable
consistency across the country in protecting the NAAQS with respect to
new and modified minor sources.
    (3) Prevention of Significant Deterioration (PSD) permit program.
New Mexico also has a program approved by EPA as meeting the
requirements of Part C, relating to prevention of significant
deterioration of air quality. In order to demonstrate that New Mexico
has met this sub-element, this PSD program must cover requirements not
just for the 2008 O3 and 2010 NO2 NAAQS, but for
all other regulated NSR pollutants as well.
    PSD programs apply in areas that are meeting the NAAQS, referred to
as areas in attainment, and in areas for which there is insufficient
information to designate as either attainment or nonattainment,
referred to as unclassifiable areas. New Mexico's PSD program was
conditionally approved into the SIP on February 27, 1987 (52 FR 5964)
and fully approved on August 15, 2011 (76 FR 41698). Revisions to New
Mexico's PSD program were approved into the SIP on August 21, 1990 (55
FR 34013), May 2, 1991 (56 FR 20137), October 15, 1996 (61 FR 53639),
March 10, 2003 (68 FR 11316), December 24, 2003 (68 FR 74483),
September 5, 2007 (72 FR 50879), November 26, 2010 (75 FR 72688), July
20, 2011 (76 FR 43149), June 13, 2012 (75 FR 72688), January 22, 2013
(78 FR 4339), and March 11, 2013 (78 FR 15296). Additionally, on June
11, 2009 and May 23, 2011, New Mexico submitted modifications to revise
the state's PSD and non-attainment new source review (NNSR) permitting
regulations to address the permitting requirements associated with the
NAAQS for 8-hour ozone and PM2.5, respectively. EPA approved
the portions of the June 11, 2009 submittal associated with
implementing NOX as a precursor (75 FR 72688) as necessary
to implement the 1997 ozone standard. EPA approved the May 23, 2011,
revision in a Federal Register notice published January 22, 2013, as
these elements are necessary for implementation of the PM2.5
standard (78 FR 4339).
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in the
submissions or referenced in New Mexico's SIP, with respect to the
requirements of section 110(a)(2)(C) for these NAAQS, EPA is proposing
to approve these elements of the August 27, 2013 and March 12, 2014
submissions.
    (D) Interstate and international transport: The CAA Section
110(a)(2)(D)(i) includes four requirements referred to as prongs 1
through 4. Prongs 1 and 2 are provided at section 110(a)(2)(D)(i)(I),
and prongs 3 and 4 are provided at section 110(a)(2)(D)(i)(II). Section
110(a)(2)(D)(i)(I) requires SIPs to include adequate provisions
prohibiting any source or other type of emissions activity in one state
from contributing significantly to nonattainment (Prong 1) or
interfering with maintenance (Prong 2) of any NAAQS in another state.
Section 110(a)(2)(D)(i)(II) requires SIPs to include adequate
provisions prohibiting any source or other type of emissions activity
in one state from interfering with measures required of any other state
to prevent significant deterioration of air quality (Prong 3) or to
protect visibility (Prong 4).
    With respect to prongs 1 and 2, New Mexico elected to not make a
submittal, consistent with a court decision that was relevant at the
time (EME Homer City Generation, L.P. v. E.P.A, 696 F.3d 7 (D.C. Cir.
2012)). This decision was later reversed by the Supreme Court (EPA v.
EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014), reversing 696
F.3d 7 (D.C. Cir. 2012)). We expect that New Mexico will make a SIP
submittal for prongs 1 and 2 at a later time.
    With respect to prong 3, as noted above, the New Mexico PSD program
contains the necessary provisions to meet the prevention of significant
deterioration element as required for both the standards and has been
approved by EPA into the SIP.
    With respect to prong 4, as noted previously, on November 27, 2012,
we approved the New Mexico Regional Haze SIP except for the BART
determination for SJGS. On October 9, 2014, we approved the BART
determination for SJGS and found that the New Mexico SIP satisfies the
requirements of CAA 110(a)(2)(D)(i)(II) with respect to interstate
transport of air pollution and visibility protection.\14\
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    \14\ This prong 4 discussion pertains to the SIP submittals for
the 2008 O3 and 2010 NO2 SIP submittals. The
prong 4 discussion for the 2006 PM2.5 SIP submittal is
below.
---------------------------------------------------------------------------

    Finally, Sec.  110(a)(2)(D)(ii) regards the interstate pollution
abatement requirements of section 126 and the international pollution
requirements of section 115. As stated above in Section 110(a)(2)(C) of
the Infrastructure SIP, New Mexico has a SIP-approved PSD program which
includes provisions that satisfy the interstate pollution abatement
requirements of section 126 of the CAA. Section 115 of the CAA
authorizes EPA to require a state to revise its SIP under certain
conditions to alleviate international transport into another country.
There are no final findings under section 115 of the CAA with respect
to any air pollutant generated in New Mexico. Therefore, New Mexico has
no obligations under section 115. If there are future final findings
under section 115 of the CAA, NMED will consult with EPA.
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in the
submissions or referenced in New Mexico's SIP, EPA believes that New
Mexico has the adequate infrastructure

needed to address sections 110(a)(2)(D)(i)(II) (prongs 3 and 4), and
110(a)(2)(D)(ii) for the 2008 O3 and 2010 NO2
NAAQS and is proposing to approve these portions of the August 27, 2013
and March 12, 2014, submissions. We expect that at a later time New
Mexico will make a SIP submittal addressing section 110(a)(2)(D)(i)(I)
(prongs 1 and 2).
    (E) Adequate authority, resources, implementation, and oversight:
The CAA Section 110(a)(2)(E) requires that SIPs provide for the
following: (1) Necessary assurances that the state (and other entities
within the state responsible for implementing the SIP) will have
adequate personnel, funding, and authority under state or local law to
implement the SIP, and that there are no legal impediments to such
implementation; (2) requirements relating to state boards, pursuant to
section 128 of the CAA; and (3) necessary assurances that the state has
responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan.
    With respect to adequacy of authority, we have previously discussed
New Mexico's statutory and regulatory authority to implement the 2008
O3 and 2010 NO2 NAAQS. The Air Quality Control
Act at NMSA 1978, section 74-2-5 provides the authority necessary to
carry out the SIP requirements as referenced above in element A. The
Act provides the NMED with broad legal authority to adopt emission
standards and compliance schedules applicable to regulated entities,
and to adopt emission standards and limitations and any other measures
necessary for attainment and maintenance of national standards. The Act
also provides the board adequate legal authority to enforce applicable
laws, regulations, standards, and compliance schedules, and seek
injunctive relief. In addition, Sec.  74-2-5.1 of the Act provides the
department legal authority to enforce applicable laws, regulations,
standards, and compliance schedules.
    With respect to adequacy of resources, NMED asserts that it has
adequate personnel to implement the SIP. The infrastructure SIP
submissions for the 2008 O3 and 2010 NO2 NAAQS
describe the regulations governing the various functions of personnel
within the Air Quality Bureau, including the administrative, technical
support, planning, enforcement, and permitting functions of the
program.
    With respect to funding, the Air Quality Control Act NMSA 1978,
section 74-2-7 requires NMED to establish an emissions fee schedule for
sources in order to fund the reasonable costs of administering various
air pollution control programs and also authorizes NMED to collect
additional fees necessary to cover reasonable costs associated with
processing of air permit applications. The Act provides for the deposit
of the fees into various subaccounts (e.g., the state's air quality
permit fund for the Title V operating permit program used for Title V
implementation activities; and various subaccounts for local air
quality agencies). The NMED also receives funding from general revenue
funds and EPA grants under, for example, sections 103 and 105 of the
CAA, to finance air quality programs. EPA conducts periodic program
reviews to ensure that the state has adequate resources and funding to,
among other things, implement the SIP.
    With regard to the conflict of interest provisions of Section 128
of the Act, section 110(a)(2)(E)(ii) requires that each state SIP meet
the requirements of section 128, relating to representation on state
boards and conflicts of interest by members of such boards. Section
128(a)(1) requires that any board or body which approves permits or
enforcement orders under the CAA must have at least a majority of
members who represent the public interest and do not derive any
``significant portion'' of their income from persons subject to permits
and enforcement orders under the CAA. Section 128(a)(2) requires that
members of such a board or body, or the head of an agency with similar
powers, adequately disclose any potential conflicts of interest.
    The Environmental Improvement Act at NMSA 1978, section 74-1-4
provides that the Environmental Improvement Board contain at least a
majority of members who represent the public interest and do not derive
any significant portion of their income from persons subject to or who
appear before the board on issues related to the Clean Air Act or Air
Quality Control Act. Furthermore, pursuant to state regulations adopted
by the Board, Board members are required to recuse themselves from
rule-makings in which their impartiality may reasonably be questioned.
(see <IP_ADDRESS> NMAC).
    With respect to assurances that the State has responsibility to
implement the SIP adequately when it authorizes local or other agencies
to carry out portions of the plan, the Environmental Improvement Act
and the Air Quality Control Act designate the NMED as the primary air
pollution control agency ``for all purposes'' of implementing the
requirements of the federal Clean Air Act and the New Mexico Air
Quality Control Act.
    There is one local air quality control agency that assumes
jurisdiction for local administration and enforcement of Air Quality
Control Act in New Mexico, the Albuquerque/Bernalillo County Air
Quality Control Board, as authorized by the NMSA 1978, section 74-2-4.
Pursuant to the New Mexico Air Quality Control Act, the local air
quality control agency, within the boundaries of the Albuquerque/
Bernalillo County area, is delegated all those functions delegated to
the Environmental Improvement Board, with the exception of any
functions reserved exclusively for the Environmental Improvement Board,
NMSA 1978, section 74-2-4(A)(1). Further, The Air Quality Control Act,
grants the local air quality control agency, within the boundaries of
the Albuquerque/Bernalillo County are, the authority to perform all the
duties required of NMED and exert all of the powers granted to NMED,
except for those powers and duties reserved exclusively for the
department, NMSA 1978, section 74-2-4(A)(2). However, the NMED and the
state Environmental Improvement Board retain oversight authority in the
event the local authority fails to act. EPA conducts reviews of the
local program activities in conjunction with its oversight of the state
program.
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS and relevant
statutory and regulatory authorities and provisions referenced in the
submissions or referenced in New Mexico's SIP, EPA believes that New
Mexico has the adequate infrastructure needed to address section
110(a)(2)(E) for the 2008 O3 and 2010 NO2 NAAQS
and is proposing to approve these elements of the August 27, 2013 and
March 12, 2014 submissions.
    (F) Stationary source monitoring system: The CAA Section
110(a)(2)(F) requires states to establish a system to monitor emissions
from stationary sources and to submit periodic emission reports. Each
SIP shall require the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by owners
or operators of stationary sources, to monitor emissions from such
sources. The SIP shall also require periodic reports on the nature and
amounts of emissions and emissions-related data from such sources, and
requires that the state correlate the source reports with emission
limitations or standards established under the CAA. These reports must
be made available for public inspection at reasonable times.

    To address this element, the Air Quality Control Act at NMSA 1978,
74-2-5 authorizes the NMED to require persons engaged in operations
which result in air pollution to monitor or test emissions and to file
reports containing information relating to the nature and amount of
emissions. State regulations pertaining to sampling and testing are
codified at 20.2.72 NMAC Construction Permits, 20.2.70 NMAC Operating
Permits, and 20.2.79 NMAC Permits--Nonattainment Areas, and
requirements for reporting of emissions inventories are codified at
20.2.73 NMAC Notice of Intent and Emission Inventory Requirements. In
addition, rules at 20.2.5 NMAC Source Surveillance, establish general
requirements for maintaining records and reporting emissions.
    The NMED uses this information, in addition to information obtained
from other sources, to track progress towards maintaining the NAAQS,
developing control and maintenance strategies, identifying sources and
general emission levels, and determining compliance with emission
regulations and additional EPA requirements. NMED makes this
information available to the public (20.2.5 NMAC Source Surveillance).
Provisions concerning the handling of confidential data and proprietary
business information are included in the general provisions regulations
at <IP_ADDRESS>, Confidential Business Information. These rules
specifically exclude from confidential treatment any records concerning
the nature and amount of emissions reported by sources.
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in the
submissions or referenced in New Mexico's SIP, EPA believes that New
Mexico has the adequate infrastructure needed to address section
110(a)(2)(F) for the 2008 O3 and 2010 NO2 NAAQS
and is proposing to approve this element of the August 27, 2013 and
March 12, 2014, submissions.
    (G) Emergency authority: The CAA Section 110(a)(2)(G) requires SIPs
to provide for authority to address activities causing imminent and
substantial endangerment to public health or welfare or the environment
(comparable to the authorities provided in section 303 of the CAA), and
to include contingency plans to implement such authorities as
necessary.
    The Air Quality Control Act provides NMED with authority to address
environmental emergencies, and NMED has contingency plans to implement
emergency episode provisions in the SIP.
    Upon a finding that any owner/operator is unreasonably affecting
the public health, safety or welfare, or the health of animal or plant
life, or property, the New Mexico Air Quality Control Act authorizes
NMED to, after a reasonable attempt to give notice, declare a state of
emergency and issue without hearing an emergency special order
directing the owner/operator to cease such pollution immediately (NMSA
1978, Sec.  74-7-10).
    States also need to comply with the Prevention of Air Pollution
Emergency Episode requirements of 40 CFR 51, Subpart H. New Mexico
promulgated the ``Air Pollution Episode Contingency Plan for New
Mexico,'' which includes contingency measures, and these provisions
were approved into the SIP on August 21, 1990 (55 FR 34013). Under
Subpart H, Priority III Regions are not required to have contingency
plans. For ozone, Priority III Regions are those monitoring less than
195 [mu]g/m\3\. The 2010-2012 ozone ambient air quality monitoring data
for New Mexico does not exceed 195 [mu]g/m\3\. The ozone levels have
consistently remained below this level and, furthermore, the State has
appropriate general emergency powers to address ozone related episodes
to protect the environment and public health. Additional information
regarding Section 110(a)(2)(G) can be found in the TSD.
    For NO2, Priority III areas are those monitoring less
than 60 ppb for an annual arithmetic mean. The 2010-2012 NO2
ambient air quality monitoring data for New Mexico does not exceed the
100 ppb 1-hour primary NAAQS or the 53 ppb annual primary and secondary
NAAQS nor does it exceed the 60 ppb criteria level for Priority III
areas. The NO2 levels have consistently remained below these
levels and, furthermore, the State has appropriate general emergency
powers to address NO2 related episodes to protect the
environment and public health.
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in those
submissions or referenced in New Mexico's SIP, EPA believes that the
New Mexico SIP adequately addresses section 110(a)(2)(G) for the 2008
O3 and 2010 NO2 NAAQS and is proposing to approve
these elements of the August 27, 2013 and March 12, 2014, submissions.
    (H) Future SIP revisions: The CAA Section 110(a)(2)(H) requires
states to have the authority to revise their SIPs in response to
changes in the NAAQS, availability of improved methods for attaining
the NAAQS, or in response to an EPA finding that the SIP is
substantially inadequate to attain the NAAQS.
    New Mexico's Environmental Improvement Act and Air Quality Control
Act authorize the NMED as the primary agency in the state concerned
with environmental protection and enforcement of regulations, including
but not limited to air quality (see NMSA 1978, section 74-1 and NMSA
1978, section 74-2). The Air Quality Control Act gives the NMED the
authority to ``develop and present to the Environmental Improvement
Board a plan for the control, regulation, prevention or abatement of
air pollution . . .,'' and authorizes the EIB to adopt such a plan (see
NMSA 1978, section 74-2-5.1(H) and NMSA 1978, section 74-2-5(B)(2)).
The Act also authorizes the New Mexico EIB to ``adopt, promulgate,
publish, amend and repeal regulations consistent with the Air Quality
Control Act to attain and maintain the national ambient air quality
standards and prevent and abate air pollution . . .'' and the
Environmental Improvement Act authorizes the NMED to enforce such
rules, regulations and orders promulgated by the EIB (see NMSA 1978,
section 74-2-5(B)(1) and NMSA 1978, section 74-1-6(F)). Furthermore,
the Air Quality Control Act requires the NMED to, ``. . . advise,
consult, contract with and cooperate with local authorities, other
states, the federal government and other interested persons or groups
in regard to matters of common interest in the field of air quality
control . . .'' (see NMSA 1978, section 74-2-5.2(B)).
    Thus, New Mexico has the authority to revise its SIP, as necessary,
to account for revisions of the NAAQS, to adopt more effective methods
of attaining the NAAQS, and to respond to EPA SIP calls. Based upon
review of the state's infrastructure SIP submissions for the 2008
O3 and 2010 NO2 NAAQS, and relevant statutory and
regulatory authorities and provisions referenced in the submissions or
referenced in New Mexico's SIP, EPA believes that New Mexico has
adequate authority to address section 110(a)(2)(H) for the 2008
O3 and 2010 NO2 NAAQS and is proposing to approve
this element of the August 27, 2013 and March 12, 2014, submissions.
    (I) Nonattainment areas: The CAA Section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable

requirements of part D of the CAA, relating to SIP requirements for
designated nonattainment areas.
    As noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. Instead, EPA will take action on part D
attainment plan SIP submissions through a separate rulemaking process
governed by the requirements for nonattainment areas, as described in
part D. Additionally, New Mexico presently does not contain any non-
attainment areas for O3 or NO2.
    (J) Consultation with government officials, public notification,
PSD and visibility protection: The CAA Section 110(a)(2)(J) requires
SIPs to meet the applicable requirements of the following CAA
provisions: (1) Section 121, relating to interagency consultation
regarding certain CAA requirements; (2) section 127, relating to public
notification of NAAQS exceedances and related issues; and (3) part C of
the CAA, relating to prevention of significant deterioration of air
quality and visibility protection.
    (1) With respect to interagency consultation, the SIP should
provide a process for consultation with general-purpose local
governments, designated organizations of elected officials of local
governments, and any Federal Land Manager having authority over Federal
land to which the SIP applies. New Mexico's Air Quality Control Act
provides that ``no regulations or emission control requirement shall be
adopted until after a public hearing by the environmental improvement
board or the local board'' and that, ``at the hearing, the
environmental improvement board or the local board shall allow all
interested persons reasonable opportunity to submit data, views, or
arguments orally or in writing and to examine witnesses testifying at
the hearing'' (see NMSA 1978, 74-2-6(B) and (D)). In addition, the Air
Quality Control Act provides that the NMED shall have the power and
duty to ``advise, consult, contract with and cooperate with local
authorities, other states, the federal government and other interested
persons or groups in regard to matters of common interest in the field
of air quality control . . .'' (see 1978 74-2-5.2(B)). Furthermore, New
Mexico's PSD rules at <IP_ADDRESS>0 NMAC mandate that the NMED shall
provide for public participation and notification regarding permitting
applications to any other state or local air pollution control
agencies, local government officials of the city or county where the
source will be located, tribal authorities, and FLMs whose lands may be
affected by emissions from the source or modification. Additionally,
the State's PSD rules at <IP_ADDRESS>3 NMAC require the NMED to consult
with Federal Land Managers (FLMs) regarding permit applications for
sources with the potential to impact Class I Federal Areas (75 FR 72688
and 72 FR 50879). Finally, the State of New Mexico has committed in the
SIP to consult continually with the FLMs on the review and
implementation of the visibility program, and the State recognizes the
expertise of the FLMs in monitoring and new source review applicability
analyses for visibility and has agreed to notify the FMLs of any
advance notification or early consultation with a major new or
modifying source prior to the submission of the permit application (71
FR 4490). The State's Transportation Conformity rules at <IP_ADDRESS>
through <IP_ADDRESS> NMAC provide procedures for interagency
consultation, resolution of conflicts, and public notification (65 FR
14873 and 75 FR 21169).
    (2) With respect to the requirements for public notification in
section 127 of the CAA, the infrastructure SIP should provide citations
to regulations in the SIP requiring the air agency to regularly notify
the public of instances or areas in which any NAAQS are exceeded;
advise the public of the health hazard associated with such
exceedances; and enhance public awareness of measures that can prevent
such exceedances and of ways in which the public can participate in the
regulatory and other efforts to improve air quality. Provisions
regarding public notification of instances or areas in which any
primary NAAQS was exceeded were approved into the New Mexico SIP on
August 24, 1983 (48 FR 38466). In addition, as discussed for
infrastructure element B above, the NMED air monitoring Web site
provides live air quality data for each of the monitoring stations in
New Mexico.\10\ The Web site also provides information on the health
effects of ozone, particulate matter, and other criteria pollutants.
    (3) Regarding the applicable requirements of part C of the CAA,
relating to prevention of significant deterioration of air quality and
visibility protection, as noted above under infrastructure element C,
the New Mexico SIP meets the PSD requirements. With respect to the
visibility component of section 110(a)(2)(J), EPA recognizes that
states are subject to visibility and regional haze program requirements
under part C of the CAA, which includes sections 169A and 169B.
However, when EPA establishes or revises a NAAQS, these visibility and
regional haze requirements under part C do not change. Therefore, EPA
believes that there are no new visibility protection requirements under
part C as a result of a revised NAAQS, and consequently there are no
newly applicable visibility protection obligations pursuant to
infrastructure element J after the promulgation of a new or revised
NAAQS.
    Based upon review of the state's infrastructure SIP submission for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in these
submissions or referenced in New Mexico's SIP, EPA believes that New
Mexico has met the applicable requirements of section 110(a)(2)(J) for
the 2008 O3 and 2010 NO2 NAAQS in the state and
is therefore proposing to approve this element of the August 27, 2013
and March 12, 2014, submissions.
    (K) Air quality and modeling/data: The CAA Section 110(a)(2)(K)
requires that SIPs provide for performing air quality modeling, as
prescribed by EPA, to predict the effects on ambient air quality of any
emissions of any NAAQS pollutant, and for submission of such data to
EPA upon request.
    The NMED has the power and duty, under the Air Quality Control Act
to ``develop facts and make investigations and studies,'' thereby
providing for the functions of environmental air quality assessment
(see NMSA 1978, 74-2-5). Past modeling and emissions reductions
measures have been submitted by the State and approved into the SIP.
For example, the air modeling and control measures submitted within the
attainment demonstration for the San Juan County Early Action Compact
Area, approved by EPA and adopted into the SIP on August 17, 2005 (70
FR 48285). Additionally, New Mexico has the ability to perform modeling
for the primary and secondary PM2.5 standards and other
criteria pollutant NAAQS on a case-by-case permit basis consistent with
their SIP-approved PSD rules and with EPA protocols on Air Quality
Models at 40 CFR part 51, Appendix W.
    This section of the CAA also requires that a SIP provide for the
submission of data related to such air quality modeling to the EPA upon
request. The New Mexico Air Quality Control Act authorizes and requires
NMED to cooperate with the federal government and local authorities in
regard to matters of common interest in the field of air quality
control, thereby allowing the

agency to make such submissions to the EPA (see NMSA 1978, 74-2-
5.2(B)).
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in these
submissions or referenced in New Mexico's SIP, EPA believes that New
Mexico has the adequate infrastructure needed to address section
110(a)(2)(K) for the 2008 O3 and 2010 NO2 NAAQS
and is proposing to approve this element of the Aug 27, 2013 and March
12, 2014, submissions.
    (L) Permitting Fees: The CAA Section 110(a)(2)(L) requires SIPs to
require each major stationary source to pay permitting fees to the
permitting authority, as a condition of any permit required under the
CAA, to cover the cost of reviewing and acting upon any application for
such a permit, and, if the permit is issued, the costs of implementing
and enforcing the terms of the permit. The fee requirement applies
until a fee program established by the state pursuant to Title V of the
CAA, relating to operating permits, is approved by EPA.
    The Air Quality Control Act provides the EIB with the legal
authority for establishing an emission fee schedule and a construction
permit fee schedule to recover the reasonable costs of acting on permit
applications, implementing, and enforcing permits.\15\ New Mexico's fee
schedule for construction permits is codified at 20.2.75 NMAC,
Construction Permit Fees. These regulations implement a fee schedule
for all preconstruction air permits issued by NMED and were approved by
EPA into the SIP on September 16, 1991 (56 FR 32511) and November 25,
1997 (62 FR 50514).
---------------------------------------------------------------------------

    \15\ See Environmental Improvement Act, Paragraph 4 of
Subsection A of Section 74-1-8 NMSA 1978, and Air Quality Control
Act, Chapter 74, Article 2 NMSA 1978, including specifically,
Paragraph 6 of Subsection B of Section 74-2-7 NMSA 1978.
---------------------------------------------------------------------------

    In addition to preconstruction fees, New Mexico also requires major
sources subject to the federal Title V operating permit program to pay
annual operating permit fees. This operating permit fee schedule is
codified at 20.2.71 NMAC, Operating Permit Emission Fees. Title V
operating permit programs and associated fees legally are not part of
the SIP, but were approved by EPA on November 26, 1996 (61 FR 60032) as
part of the New Mexico Title V Program (see 40 CFR part 70, Appendix
A).\16\ EPA reviews the New Mexico Title V program, including Title V
fee structure, separately from this proposed action. Because the Title
V program and associated fees legally are not part of the SIP, the
infrastructure SIP action we are proposing today does not preclude EPA
from taking future action regarding New Mexico's Title V permitting
program and associated fees.
---------------------------------------------------------------------------

    \16\ As indicated in New Mexico's 2008 O3 and 2010
NO2 infrastructure SIP submissions, NEMD's operating
permit fees regulation was inadvertently adopted into the SIP by EPA
on November 25, 1997 (62 FR 50514). This regulation was removed from
the SIP by EPA in a subsequent action on July 15, 2011 (76 FR
41698).
---------------------------------------------------------------------------

    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in these
submissions or referenced in New Mexico's SIP, EPA believes that the
requirements of section 110(a)(2)(L) are met and is proposing to
approve this element of the August 27, 2013 and March 12, 2014
submissions.
    (M) Consultation/participation by affected local entities: The CAA
Section 110(a)(2)(M) requires SIPs to provide for consultation and
participation by local political subdivisions affected by the SIP.
    New Mexico's Air Quality Control Act provides that, ``no
regulations or emission control requirement shall be adopted until
after a public hearing by the environmental improvement board or the
local board'' and provides that, ``at the hearing, the environmental
improvement board or the local board shall allow all interested persons
reasonable opportunity to submit data, views, or arguments orally or in
writing and to examine witnesses testifying at the hearing'' (see NMSA
1978, 74-2-6(B) and (D)). In addition, the Air Quality Control Act
provides that the NMED shall have the power and duty to ``advise,
consult, contract with and cooperate with local authorities, other
states, the federal government and other interested persons or groups
in regard to matters of common interest in the field of air quality
control . . .'' (see NMSA 1978, 74-2-5.2(B)). The Act also requires
initiation of cooperative action between local authorities and the
NMED, between one local authority and another, or among any combination
of local authorities and the NMED for control of air pollution in areas
having related air pollution problems that overlap the boundaries of
political subdivisions; and entering into agreements and compacts with
adjoining states and Indian tribes, where appropriate. NMED has a long
history of successful cooperation with the local air quality authority
in Albuquerque/Bernalillo County and tribal governments.
    With regard to permitting actions, New Mexico's PSD regulations at
<IP_ADDRESS>0 NMAC, approved into the SIP on March 30, 1987 (52 FR 5964)
and December 16, 1996 (61 FR 53642), mandate that the NMED shall
provide for public participation and notification regarding permitting
applications to any other state or local air pollution control
agencies, local government officials of the city or county where the
source will be located, and Federal Land Managers whose lands may be
affected by emissions from the source or modification. New Mexico's
Transportation Conformity regulations at <IP_ADDRESS> and <IP_ADDRESS>
NMAC, both approved into the SIP on April 23, 2010 (75 FR 21169),
require that interagency consultation and opportunity for public
involvement be provided before making transportation conformity
determinations and before adopting applicable SIP revisions on
transportation-related SIPs.
    Based upon review of the state's infrastructure SIP submissions for
the 2008 O3 and 2010 NO2 NAAQS, and relevant
statutory and regulatory authorities and provisions referenced in the
submissions or referenced in New Mexico's SIP, EPA believes that New
Mexico has the adequate infrastructure needed to address section
110(a)(2)(M) for the 2008 O3 and 2010 NO2 NAAQS
and is proposing to approve this element of the August 27, 2013 and
March 12, 2014 submissions.

IV. EPA's Evaluation of Interstate Transport of Air Pollution and
Visibility Protection for the 2006 PM2.5 NAAQS in New
Mexico's SIP

    One of the SIP requirements for new or revised NAAQS is to provide
adequate provisions prohibiting emissions which interfere with required
measures in any other State to protect visibility (CAA
110(a)(2)(D)(i)(II)). In a June 12, 2009 SIP submittal, New Mexico
stated that they had satisfied the SIP requirements of CAA 110(a) for
the PM2.5 NAAQS promulgated in 2006. The other portions of
the June 12, 2009 SIP submittal were previously approved (January 22,
2013, 78 FR 4337, July 9, 2013, 78 FR 40966). No action was taken on
the portion pertaining to CAA 110(a)(2)(D)(i)(II) and visibility
protection. As noted above, we approved the New Mexico Regional Haze
SIP and found that the New Mexico SIP satisfies the requirements of CAA
110(a)(2)(D)(i)(II) with respect to interstate transport of air
pollution and visibility protection. (November 27, 2012, 77 FR 70693
and October 9, 2014,

79 FR 60985). In our rulemaking that was finalized on October 9, 2014
we overlooked an opportunity to act on a portion of the June 12, 2009
SIP submittal pertaining to interstate transport of air pollution and
visibility protection. Because New Mexico has a fully approved Regional
Haze SIP and Visibility Transport SIP, we propose to approve this
portion of the June 12, 2009 SIP submittal and find that New Mexico
meets the CAA 110(a)(2)(D)(i)(II) visibility protection requirement for
the 2006 PM2.5 NAAQS.

V. Proposed Action

    EPA is proposing to approve the August 27, 2013 and March 12, 2014,
infrastructure SIP submissions from New Mexico, which address the
requirements of CAA sections 110(a)(1) and (2) as applicable to the
2008 O3 and 2010 NO2 NAAQS. Specifically, EPA is
proposing to approve the following infrastructure elements, or portions
thereof: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). As discussed in applicable sections of
this rulemaking, EPA is not proposing action on section 110(a)(2)(I)--
Nonattainment Area Plan or Plan Revisions Under Part D, nor on the
visibility protection portion of section 110(a)(2)(J). Based upon
review of the state's infrastructure SIP submissions and relevant
statutory and regulatory authorities and provisions referenced in these
submissions or referenced in New Mexico's SIP, EPA believes that New
Mexico has the infrastructure in place to address all applicable
required elements of sections 110(a)(1) and (2) (except otherwise
noted) to ensure that the 2008 O3 and 2010 NO2
NAAQS are implemented in the state.
    We are also proposing to approve the visibility protection portion
of the June 12, 2009 SIP submittal and find that the New Mexico
Visibility SIP meets the CAA 110(a)(2)(D)(i)(II) requirement for the
2006 PM2.5 NAAQS.

VI. Incorporation by Reference

    In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.4, we are proposing to incorporate by
reference revisions to the New Mexico SIP regulations as described in
the Proposed Action section above. We have made, and will continue to
make, these documents generally available electronically through
www.regulation.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

VII. 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 state
choices, provided that they meet the criteria of the Clean Air Act.
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:
     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 FR3821, 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).
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Visibility.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: March 13, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-06932 Filed 3-25-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 12949-12950]
[FR Doc No: 2011-5317]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-97-000]

Stingray Pipeline Company, L.L.C.; Notice of Application

    On February 22, 2011, Stingray Pipeline Company, L.L.C. (Stingray)
filed with the Federal Energy Regulatory Commission (Commission) an
application under Section 7(b) of the Natural Gas Act (NGA), as
amended, requesting authorization to abandon offshore Station 702's
compressor Unit T-2. Stringray also requests that its certificated
system capacity be reduced to 560 MMcf per day.
    Questions regarding the application may be directed to Cynthia
Hornstein Roney, Manager--Regulatory Affairs, Stingray Pipeline
Company, L.L.C., 1100 Louisiana, Suite 3300, Houston, Texas 77002, by
calling<PHONE_NUMBER> or by e-mailing<EMAIL_ADDRESS>

    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental cementers will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental cementers will not be required to serve copies of filed
documents on all other parties. However, the nonparty commeners will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.fere.gov. Persons unable to file electronically should submit an
original and seven copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. This filing is accessible on-line at http://www.ferc.gov.using
the ``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free) or TTY,
call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 23, 2011.

    Dated: March 2, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-5317 Filed 3-8-11; 8:45 am]
BILLING CODE 6717-01-P


Attachment 3 Response to Questions Chevron Pascagoula Refinery Dioxin Your company reported to TRI that you released 0.086 grams of dioxin and dioxin like compounds to surface water ( Mississippi Sound) in 2002. Your company reported that the basis of estimate for this discharge was " other approaches".

Could you please explain how the reported discharge was estimated?

The dioxin release to water in the 2002 TRI report for the Chevron Pascagoula Refinery is based on limited sampling conducted in 2001 at the refinery's catalytic reformer units. We developed a site specific mass emission factor using the analyses and the volume of regeneration wastewater routed to the refinery's effluent system. The 2002 reportable mass amount is equal to the emission factor times the number of regenerations in 2002.

In 2002, did your company ever analyze any wastewater for the dioxin congeners listed below, either an in plant stream, such as catalytic reformer regeneration, or the final discharge to Mississippi Sound?

No sampling was performed in 2002.

If so, were any of the dioxins ever detected? If so, which congeners? How did your company determine the wastewater flow associated with the dioxin discharges in order to calculate the reported grams discharged?

See response to previous question.

If your company did not collect any monitoring data, how was the dioxin distribution determined?

The 2002 reported dioxin distribution is the congener distribution from the limited sampling conducted in 2001 ( see response to first question above).

Polycyclic Aromatic Compounds ( PACs) Your company reported to TRI that you released 110 pounds of polycyclic aromatic compounds to surface water ( Mississippi Sound) in TRI in 2002. Your company reported that the basis of estimate for this discharge was " other approaches".

Could you please explain how the reported discharge was estimated? We based the Polycyclic Aromatic Compounds ( PACs) release to water in the 2002 TRI report for the Chevron Pascagoula Refinery on the total volume of water discharged and EPA's BAT effluent guidelines estimate for PAC's contained in refinery effluent water [ Development Document, EPA 440/ 1 82/ 014, October 1982].

In 2002, did your company ever analyze any wastewater for any of the polycyclic aromatic compounds listed below, either an in plant stream, such as catalytic reformer regeneration, or the final discharge to Mississippi Sound?

No.

If so, were any polycyclic aromatic compounds ever detected? If so, which compounds? How did your company determine the wastewater flow associated with the polycyclic aromatic compound discharges in order to calculate the reported pounds discharged?

Not applicable, see response to previous question.


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10470-10471]
[FR Doc No: 2015-04019]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC15-62-000; EC15-63-000.
    Applicants: Roth Rock Wind Farm, LLC, Roth Rock North Wind Farm,
LLC, TPW Petersburg, LLC.
    Description: Supplement to January 21, 2015 Applications for
Authorization under Section 203 of the Federal Power Act of Roth Rock
Wind Farm, LLC, Roth Rock North Wind Farm, LLC and TPW Petersburg, LLC.
    Filed Date: 2/13/15.
    Accession Number: 20150213-5137.
    Comments Due: 5 p.m. ET 2/24/15.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-52-000.

    Applicants: Buckeye Wind Energy LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Buckeye Wind Energy LLC.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5127.
    Comments Due: 5 p.m. ET 3/13/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-5-004; ER11-6-003; ER13-131-003; ER14-479-002;
ER14-950-002; ER15-515-002.
    Applicants: Great Bay Energy I, LLC, Great Bay Energy IV, LLC,
Great Bay Energy LLC, Great Bay Energy V, LLC, Great Bay Energy VI,
LLC, Great Bay Energy VII, LLC.
    Description: Notice of Non-Material Change in Status of the Great
Bay Energy Companies.
    Filed Date: 2/19/15.
    Accession Number: 20150219-5214.
    Comments Due: 5 p.m. ET 3/12/15.

    Docket Numbers: ER12-2499-010; ER12-2498-010; ER13-764-010; ER11-
4055-004; ER12-1566-004; ER14-1548-002; ER12-1470-004; ER10-2977-004;
ER11-3987-005; ER14-474-002; ER10-1290-005; ER10-3026-004.
    Applicants: Alpaugh North, LLC.
    Description: Supplement to January 9, 2015 Notice of Non-Material
Change in Status of the Sempra Energy Sellers.
    Filed Date: 2/19/15.
    Accession Number: 20150219-5215.
    Comments Due: 5 p.m. ET 3/12/15.

    Docket Numbers: ER13-2376-003.
    Applicants: Midcontinent Independent System Operator, Inc.,
Northern Indiana Public Service Company.
    Description: Compliance filing per 35: 2015-02-20_Att O NIPSCO Rate
Formula Protocol Compliance Filing to be effective 1/1/2014.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5100.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER13-2379-005.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2015-02-20_Attachment O
CMMPA Rate Protocol Compliance Filing to be effective 1/1/2014.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5135.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-828-001.
    Applicants: Louisville Gas and Electric Company.
    Description: Tariff Amendment per 35.17(b): Modifications to Attach
O to be effective 2/1/2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5054.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-1073-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
02-19_SA 2165 Ameren-Settlers Trail 3rd Rev. GIA (G931/J276) to be
effective 2/20/2015.
    Filed Date: 2/19/15.
    Accession Number: 20150219-5168.
    Comments Due: 5 p.m. ET 3/12/15.

    Docket Numbers: ER15-1074-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Albany
Green Energy LGIA Filing to be effective 2/6/2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5000.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-1075-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-2-
20_PSC-WAPA-Rsdl-Const Agrmt-378-0.1.0-Filing to be effective 2/21/
2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5050.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-1076-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Original Service Agreement No. 4082; Queue No. Z1-015 to be effective
1/21/2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5061.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-1077-000.
    Applicants: Kansas Gas and Electric Company.
    Description: Notice of Cancellation of Westar Energy, Inc. on
behalf of Kansas Gas and Electric Company of Certificate of Concurrence
to Rate Schedule No. 99.
    Filed Date: 2/19/15.
    Accession Number: 20150219-5212.
    Comments Due: 5 p.m. ET 3/12/15.

    Docket Numbers: ER15-1078-000.
    Applicants: Midcontinent Independent System Operator, Inc., ITC
Midwest LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
02-20_SA 1925 ITC Midwest-Interstate Power and Light D-TIA to be
effective 2/21/2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5095.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-1079-000.
    Applicants: Midcontinent Independent System Operator, Inc., South
Mississippi Electric Power Association.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
02-20_SMEPA Attachment O Filing to be effective 6/1/2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5125.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-1080-000.
    Applicants: Beethoven Wind, LLC.
    Description: Initial rate filing per 35.12 Market-Based Rate
Application to be effective 2/27/2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5126.
    Comments Due: 5 p.m. ET 3/13/15.

    Docket Numbers: ER15-1081-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): FPL's
Revised Delivery Point for Transmission Service Agreement No. 162 to be
effective 4/1/2015.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5164.
    Comments Due: 5 p.m. ET 3/13/15.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH15-10-000.
    Applicants: Starwood Energy Group Global, L.L.C.
    Description: Starwood Energy Group Global, L.L.C. submits FERC 65-B
Material Change in Facts of Waiver Notification.
    Filed Date: 2/20/15.
    Accession Number: 20150220-5161.
    Comments Due: 5 p.m. ET 3/13/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 20, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-04019 Filed 2-25-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Page 83101]
[FR Doc No: 2023-25841]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

ENVIRONMENTAL PROTECTION AGENCY

Coastal Nonpoint Pollution Control Program: ProposaL To Find That
Indiana Has Satisfied Conditions on Earlier Approval

AGENCY: National Oceanic and Atmospheric Administration, U.S.
Department of Commerce, and U.S. Environmental Protection Agency.

ACTION: Notice of proposed finding; request for comments.

-----------------------------------------------------------------------

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) and
the U.S. Environmental Protection Agency (EPA) (the Federal agencies)
invite public comment on the Federal agencies' proposed finding that
Indiana has satisfied all conditions the agencies established as part
of their 2008 approval of the state's coastal nonpoint pollution
control program (coastal nonpoint program). The Coastal Zone Act
Reauthorization Amendments (CZARA) directs states and territories with
coastal zone management programs previously approved under section 306
of the Coastal Zone Management Act to develop and implement coastal
nonpoint programs, which must be submitted to the Federal agencies for
approval. Prior to making such a finding, NOAA and the EPA invite
public input on the two agencies' rationale for this proposed finding.

DATES: Comments are due by December 28, 2023.

ADDRESSES: Copies of the proposed findings document may be found on
www.regulations.gov (search for NOAA-NOS-2022-0018) and NOAA's Coastal
Nonpoint Pollution Control Program website at Comments may be submitted
by:
     Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov
and Enter NOAA-NOS-2022-0018 in the Search box, then click the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
     Mail: Submit written comments to Joelle Gore, Chief,
Stewardship Division (N/OCM6), Office for Coastal Management, NOS,
NOAA, 1305 East-West Highway, Silver Spring, Maryland, 20910; phone
202-468-7270; ATTN: Indiana Coastal Nonpoint Program.
    Instructions: All comments received are a part of the public record
and will generally be posted for public viewing on www.regulations.gov
without change. All personally identifiable information (for example,
name, address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the commenter will be
publicly accessible. The Federal agencies will accept anonymous
comments (enter ``N/A'' in the required fields you wish to remain
anonymous). 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 Federal agencies 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 FURTHER INFORMATION CONTACT: Allison Castellan, Office for Coastal
Management, NOS, NOAA,<PHONE_NUMBER>, [email protected]; or
Stephen Feely, U.S. EPA Region 5, Watershed and Wetlands Branch, 312-
886-5867, [email protected].

SUPPLEMENTARY INFORMATION: Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments (CZARA), 12 U.S.C. 1455b(a), requires that
each state or territory with a coastal zone management program
previously approved under section 306 of the Coastal Zone Management
Act must prepare and submit to the Federal agencies a coastal nonpoint
pollution control program for approval. Indiana submitted its program
to the Federal agencies for approval in 2008 after gaining Federal
approval of its coastal zone management plan in 2002. The Federal
agencies provided public notice of and invited public comment on their
proposal to approve, with conditions, the Indiana program (72 FR
62444). The Federal agencies approved the program dated January 15,
2008, subject to the conditions specified therein. The Federal agencies
now propose to find, and invite public comment on the proposed
findings, that Indiana has satisfied the conditions associated with the
earlier approval of its coastal nonpoint program.
    The proposed findings document for Indiana's program is available
at www.regulations.gov (search for NOAA-NOS-2022-0018) and information
on the Coastal Nonpoint Program in general is available on the NOAA
website at coast.noaa.gov/czm/pollutioncontrol/.

Radhika Fox,
Assistant Administrator Office of Water, Environmental Protection
Agency.

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management,
National Ocean Service, National Oceanic and Atmospheric
Administration.
[FR Doc. 2023-25841 Filed 11-27-23; 8:45 am]
BILLING CODE 3510-08-P


[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Notices]
[Page 42372]
[DOCID:fr26jy06-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-430-001]

Midwestern Gas Transmission Company; Notice of Corrected Tariff
Sheets

July 19, 2006.
    Take notice that on July 17, 2006, Midwestern Gas Transmission
Company (Midwestern) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the following tariff sheets to
become effective August 9, 2006:

Second Revised Sheet No. 55.
Fourth Revised Sheet No. 408.
Third Revised Sheet No. 79.
Fourth Revised Sheet No. 418.
Second Revised Sheet No. 246C.
Third Revised Sheet No. 426.
Sixth Revised Sheet No. 247.
Third Revised Sheet No. 493.
Second Revised Sheet No. 247A.
Third Revised Sheet No. 494.
Third Revised Sheet No. 267.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-11892 Filed 7-25-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 21, 2006 (Volume 71, Number 140)]
[Proposed Rules]
[Page 41409-41410]
[DOCID:fr21jy06-13]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[FRL-8199-7; Docket ID No. EPA-HQ-OAR-2001-0017]

Availability of Additional Information Related to the Review of
the National Ambient Air Quality Standards for Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

-----------------------------------------------------------------------

SUMMARY: The EPA is providing notice that it has placed in the docket
for the review of the national ambient air quality standards (NAAQS)
for particulate matter (PM) (Docket No. EPA-HQ-OAR-2001-0017)
additional information relevant to the rulemaking. See 71 FR 2620 (Jan.
17, 2006) (proposing revisions to those standards). Specifically, this
notice announces the availability of an EPA report, ``Provisional
Assessment of Recent Studies on Health Effects of Particulate Matter
Exposure'' (provisional assessment) (EPA/600/R-06/063), which presents
EPA's survey and provisional assessment of studies relevant to
assessing the health effects of PM that were published too recently to
be included in the 2004 PM Air Quality Criteria Document.

DATES: The provisional assessment document will be placed in the PM
NAAQS docket on or about July 21, 2006.

FOR FURTHER INFORMATION CONTACT: Dr. Mary Ross, National Center for
Environmental Assessment (B243-01), U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Background

    On January 17, 2006, EPA published a proposed rule to make
revisions to the primary and secondary NAAQS for PM to provide
requisite protection of public health and welfare (71 FR 2620). The
proposed decisions separately addressed fine and coarse particles.
These proposed decisions were based on: a thorough review of the
scientific information on known and potential human health and welfare
effects associated with exposure to these subclasses of PM at levels
typically found in the ambient air as presented in the Air Quality
Criteria Document (henceforth, the ``Criteria Document'') (two volumes,
EPA/600/P-99/002aF and

EPA/600/P-99/002bF, October 2004); staff assessments presented in the
Review of the National Ambient Air Quality Standards for Particulate
Matter: Assessment of Scientific and Technical Information (henceforth,
the ``Staff Paper'') (EPA-452/R-05-005a, December 2005); Clean Air
Scientific Advisory Committee (CASAC) advice and recommendations, as
reflected in the CASAC's letters to the Administrator, discussions of
the drafts of the Criteria Document and Staff Paper at public meetings,
and separate written comments prepared by individual members of the
CASAC PM Review Panel; and public comments received during the
development of these documents, either in connection with CASAC
meetings or separately.
    In the preamble to the proposed rule, EPA acknowledged that a
number of new scientific studies on the health effects on PM had been
published recently that were not included in the Criteria Document. See
71 FR at 2625. In order to ensure that the Administrator is fully aware
of the new science that has developed since the cutoff date before
making a final decision on whether to revise the current PM NAAQS, EPA
conducted a provisional assessment of relevant new studies. EPA
screened and surveyed the recent literature, including studies
submitted during the public comment period on the proposed rule, and
conducted a provisional assessment that places the results of those
studies of potentially greatest policy relevance in the context of the
findings of the 2004 Criteria Document. The focus of the provisional
assessment was on: (a) epidemiological studies conducted in the U.S. or
Canada that assessed exposures to PM2.5 and/or
PM10-2.5 and (b) toxicology or epidemiology studies that
compared the effects of PM from different sources, PM components, or
size fractions.
    The provisional assessment of the new PM science is presented in a
document prepared by the National Center for Environmental Assessment
(NCEA) within EPA's Office of Research and Development, entitled
``Provisional Assessment of Recent Studies on Health Effects of
Particulate Matter Exposure'' (EPA/600/R-06/063, June 2006). The
following section of this notice describes how to obtain copies of this
document.

B. How Can I Get a Copy of This Document?

    1. Docket. EPA has established a docket for the current review of
the PM NAAQS under Docket ID No. EPA-HQ-OAR-2001-0017. The document
entitled ``Provisional Assessment of Recent Studies on Health Effects
of Particulate Matter Exposure'' (EPA/600/R-06/063) will be placed in
this docket. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at

the Air and Radiation Docket and Information Center, EPA/DC, Room B102
EPA West, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m. Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER> and the telephone number for the Air and Radiation
docket and Information Center is<PHONE_NUMBER>.
    2. Electronic Access. You may access this document at http://www.epa.gov/air/particlepollution/actions.html
 or on the NCEA home page

under the ``Recent Additions'' and ``Data and Publications'' menus at
http://www.epa.gov/ncea.

List of Subjects in 40 CFR Part 50

    Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

    Dated: July 7, 2006.
Peter W. Preuss,
Director, National Center for Environmental Assessment.
[FR Doc. E6-11621 Filed 7-20-06; 8:45 am]

BILLING CODE 6560-50-P