[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Rules and Regulations]
[Pages 28181-28187]
[FR Doc No: 2011-11813]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0502; FRL-9305-6]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Sunland Park Section 110(a)(1) Maintenance Plan for the
1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving a revision to the
New Mexico State Implementation Plan (SIP). The submitted revision
consists of a maintenance plan for Sunland Park, New Mexico, developed
to ensure continued attainment of the 1997 8-Hour National Ambient Air
Quality Standard (NAAQS or standard) through the year 2014. The
Maintenance Plan meets the requirements of Section 110(a)(1) of the
Federal Clean Air Act (CAA or Act), EPA's rules, and is consistent with
EPA's guidance. EPA is approving the revision pursuant to section 110
of the CAA.

DATES: This rule is effective on July 15, 2011 without further notice,
unless EPA receives relevant adverse comment by June 15, 2011. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0502, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     EPA Region 6 Contact Us Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select ``Air''
before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0502. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://

www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    New Mexico Environment Department, 1190 St. Francis Dr., Suite
N4050, Santa Fe, NM 87505.

FOR FURTHER INFORMATION CONTACT: Kenneth W. Boyce, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-7263; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Under the 1990 CAA Amendments, the Sunland Park area was designated
nonattainment for the 1-hour ozone standard on June 12, 1995 and
classified as ``marginal.'' The Sunland Park area is a portion of Dona
Ana County, New Mexico, is approximately 42 square miles (sq. mi.) in
area, and includes the communities of Sunland Park, Santa Teresa, and
La Union. Sunland Park, La Union, and Santa Teresa are located along
the border region of New Mexico and are adjacent to El Paso, Texas, and
Ciudad Juarez, Mexico, or what is commonly referred to as the Paso del
Norte Airshed. New Mexico submitted all the requirements for a 1-hour
ozone nonattainment area classified as marginal, and EPA approved them
into the New Mexico SIP on February 8, 2002. See 67 FR 6152. There are
no outstanding obligations under the 1-hour ozone NAAQS.
    The Sunland Park area has unique considerations for ozone planning
due to airshed contributions from Mexico and Texas. Air quality within
the Paso del Norte Airshed has improved over the last 10 years due to
cooperative efforts between the State of Texas, the State of New
Mexico, and Mexico through organizations such as the Paso Del Norte
Joint Advisory Committee (JAC). Although the area has continued to
monitor attainment of the 1-hour ozone standard the State chose not to
submit a request for redesignation before EPA revoked the 1-hour ozone
NAAQS.\1\
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    \1\ Monitors in Sunland Park continue to reflect attainment of
the 1-hour ozone NAAQS. The State, however, did not submit a request
for redesignation of the area to attainment for the 1-hour ozone
standard and a section 175A maintenance plan. Because the area was
never redesignated to attainment, the area must continue to meet the
1-hour ozone marginal area applicable requirements (see 40 CFR
51.905(a)(3)).
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    In 1997, EPA revised the ozone standard from a 1 hour form to one
based on an 8 hour average. On April 30, 2004, EPA designated and
classified areas for the 1997 8-hour ozone NAAQS (69 FR 23858) and
published the final Phase 1 rule for implementation of the 1997 ozone
NAAQS (69 FR 23951). The Sunland Park area was designated as
attainment/unclassifiable for the 1997 8-hour ozone standard on June
15, 2004 (see 69 FR 23858. The Phase I rule listed requirements for
areas that were nonattainment for the 1 hour standard and attaining the
1997 8 hour standard under 51.905(a)(3). New Mexico was required to
provide a 10 year maintenance plan for this 1997 8-hour ozone
attainment area under section 110(a)(1) of the Act and the Phase 1
rule. (40 CFR 51.905(a)(3)(iii)).
    On May 20, 2005, EPA issued guidance regarding how a state might
fulfill the obligation established by the Act and the Phase 1 rule.
(Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance
Plan Guidance Document for Certain 8 hour Ozone Areas Under Section
110(a)(1) of Clean Air Act, May 20, 2005.
    On May 7, 2007, New Mexico adopted and submitted to EPA a 1997 8-
hour ozone standard maintenance plan for the Sunland Park area. This
SIP revision satisfies the section 110(a)(1) CAA requirements for a
plan that provides for implementation, maintenance, and enforcement of
the 1997 8-hour ozone NAAQS in the Sunland Park unclassifiable/
attainment area.

II. Analysis of the State's Submittal

    In this action, EPA is approving the State's maintenance plan for
the 1997 ozone NAAQS for the area of Sunland Park because EPA finds
that the New Mexico submittal meets the requirements of section
110(a)(1) of the CAA, EPA's rule, and is consistent with EPA's
guidance. As required, the plan provides for continued attainment and
maintenance of the 1997 ozone NAAQS in the area for 10 years from the
effective date of the area's designation as unclassifiable/attainment
for the 1997 ozone NAAQS, and includes components illustrating how the
area will continue in attainment of the 1997 ozone NAAQS and
contingency measures. Our analysis of the State's submission is
discussed below.
    Section 110(a)(1) of the CAA does not explicitly state what is
required for a maintenance plan, so the guidance suggested using CAA
section 175A, which states the requirements for a maintenance plan, as
a guide for states to use in developing their maintenance plans. The
required components of a Maintenance Plan under CAA Section 175A
include:
    1. Attainment Inventory;
    2. Maintenance Demonstration;
    3. Monitoring Network;
    4. Verification of Continued Attainment; and
    5. Contingency Plan

1. Attainment Inventory

    The New Mexico Environmental Department (NMED) developed
comprehensive inventories of VOC, CO, and NOX emissions from
area, stationary, and mobile sources using a base year of 2002 to
demonstrate maintenance of the 1997 8-hour ozone standard for Sunland
Park. The year 2002 is an appropriate year for the NMED to base
attainment level emissions because States may select any one of the
three years on which the 8-hour attainment designation for the 1997
ozone NAAQS was based (2001, 2002, and 2003). The State's submittal
contains the detailed inventory data and summaries by source category.
Using the 2002 inventory as a base year reflects one of the years used
for calculating the air quality design values on which the 8-hour ozone
designation decisions were based. It also is one of

the years in the 2002-2004 time period used to establish the baseline
visibility levels for the regional haze program.
    A practical reason for selecting 2002 as the base year emission
inventory is that Section 110(a)(2)(B) of the CAA and the Consolidated
Emissions Reporting Rule (67 FR 39602, June 10, 2002) require States to
submit emissions inventories for all criteria pollutants and their
precursors every three years, on a schedule that includes the emissions
year 2002.
    For stationary point sources in Sunland Park, the NMED provided
estimates for each commercial or industrial operation that emits 100
ton/year or greater of NOX and VOC. These data are quality
assured by the State before submission to national emission inventory.
There are only two major point sources: El Paso Electric and Foamex.
For area sources (sources too numerous to inventory individually) NMED
used EPA emissions factors to estimate emissions based on surrogates
such as population. For non-road and on-road mobile sources, the State
obtained the data through EPA's 2002 NEI. Mobile sources emissions were
estimated using the data in EPA's 2002 NEI using EPA's MOBILE6 motor
vehicle emissions factor computer model. This information was provided
down to the county level in each state. Using population projections
for the Sunland Park area and Dona Ana County, the State estimated the
on-road and non-road mobile emissions for Sunland Park for the
projection year 2014.
    Table 1 below lists emissions data (area, point, mobile, and
biogenic) for the base year of 2002 for the ozone precursors
NOX, CO, and VOC. Please see the Technical Support Document
(TSD) for additional emission inventory data.

                                        Table 1--Summary of All Source Categories for Sunland Park, Baseline 2002
                                                        [TPY = tons per year, TPD = ton per day]
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                                                                             NOX                           CO                            VOC
                        Source category                        -----------------------------------------------------------------------------------------
                                                                     TPY            TPD            TPY            TPD            TPY            TPD
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Area..........................................................          30.40         0.0896         157.94          0.586         193.73          0.553
Point.........................................................       1,085.7          3.044          192.38          0.552          94.19          0.331
Mobile........................................................         829.63         2.27         6,040.64         16.55          530.14          1.45
Biogenic......................................................           5.74         0.015          n/a           n/a             528.08          1.44
                                                               -----------------------------------------------------------------------------------------
    Total Emissions...........................................       1,951.47         5.41         6,390.96         17.68        1,342.04          3.74
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    The procedures used by the NMED for development of the emissions
inventory are described in the NMED's submitted 8-Hour Ozone
Maintenance Plan for the Sunland Park area, pages 8-49. The emissions
inventory process includes quality assurance procedures to verify that
data have been reviewed and examined for their source or origin,
methods of compilation, accuracy, occurrence of errors, and clarity.
This is to assure a good product and that such procedures can easily be
applied to future inventories. EPA's Emission Inventory Improvement
Program was used as a guide in developing the 2002 emission inventory
for the Sunland Park Nonattainment area.
    EPA has reviewed the State's methodologies, modeling data, and
performance, etc. in developing the 2002 base year emissions and finds
that New Mexico has developed the 2002 emissions inventory
appropriately to identify the level of ozone-forming emissions in
Sunland Park that was consistent with attainment of the NAAQS in 2002.
    Projections for 2014 were developed by NMED using a University of
New Mexico, Bureau of Business and Economic Research study which
projected a population growth of 3.2%/year. Based on this study, the
State projected all of the emission categories would grow at 3.2%/year.
Table 2 shows the projected VOC, NOX, and CO emissions
inventory data for the Sunland Park area for the year 2014.

                                     Table 2--Summary of All Source Categories for Sunland Park, Projected for 2014
                                                        [TPY = tons per year, TPD = tons per day]
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                                                                             NOX                           CO                            VOC
                        Source category                        -----------------------------------------------------------------------------------------
                                                                     TPY            TPD            TPY            TPD            TPY            TPD
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Area..........................................................          42.07          0.115         218.59          0.598         262.44          0.719
Point.........................................................       1,502.6           4.12          266.25          0.729         130.36          0.357
Mobile........................................................       1,147.96          3.14        8,360.24         22.90          733.71          2.010
Biogenic......................................................           7.94          0.015         n/a           n/a             730.86          2.002
                                                               -----------------------------------------------------------------------------------------
    Total Emissions...........................................       2,700.57          7.39        8,445.08         24.27        1,857.37          5.088
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2. Maintenance Demonstration

    The primary purpose of a maintenance plan is to demonstrate how an
area will continue to remain in compliance with the 1997 ozone standard
for the 10 year period following the effective date of designation as
unclassifiable/attainment. The end projection year is 10 years from the
effective date of the attainment designation for the 1997 ozone NAAQS,
which for Sunland Park was June 15, 2004. Therefore, the plan must
demonstrate attainment through 2014. As discussed in section (1)
Attainment Inventory above, New Mexico has identified the level of
ozone-forming emissions in Sunland Park that was consistent with
attainment of the NAAQS for ozone in 2002. New Mexico has projected
VOC, NOX, and CO \2\ emissions for the year

2014 in Sunland Park, and also discusses emissions projections for the
Paso del Norte airshed.
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    \2\ Carbon Monoxide has low reactivity and leads to little ozone
formation so it is generally not tracked in determining whether
maintenance is expected. New Mexico has provided estimates of CO
emission growth, which are included here, but CO estimates will not
be included in the remainder of the discussion.
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    Generally, maintenance is demonstrated when emissions in the
projection year remain less than or equal to the emissions during the
attainment period. The projections provided by New Mexico, however,
actually show an increase in emissions. For 2014, the VOC and
NOX emissions are projected to increase by 1.35 tons per day
and 1.98 tons per day, respectively. EPA has reviewed these growth
estimates and New Mexico only used one methodology to calculate the
growth for all the source categories. The use of this particular
methodology has resulted in extremely conservative emissions growth
calculations. We believe this methodology significantly overstates the
growth in emissions and if it had been properly calculated, there would
be no projected growth in emissions in Sunland Park.
    In projecting future emissions, New Mexico's use of projected
population as a surrogate for estimating the rate of emissions growth
results in a significant overestimate of emissions growth. Using
population as a surrogate does not take into account the significant
reductions that will occur due to fleet turnover in both on-road and
off-road categories. The best way to calculate these emissions would be
to use EPA's mobile emission factor model and the non-road emissions
model along with projections of vehicle miles traveled. We examined the
base and projected El Paso emissions contained in the Texas maintenance
plan for the El Paso area, which EPA approved on January 15, 2009, at
74 FR 2387. To make a more reasonable estimation of emissions growth
for the mobile source category, we looked at the emissions projections
for El Paso performed using the MOBILE model for on-road emissions and
NonRoad model for off-road emissions. In El Paso, mobile NOX
emissions were projected to decrease by 54% percent and mobile VOC
emissions are projected to decrease by 47%. We applied these figures
proportionally to the Sunland Park area. In addition, it is not clear
why NMED projected growth in biogenic VOC emissions. These are
generally held constant in projections; there is no scientific basis
for projecting an increase. As shown in Tables 3 and 4, if these more
reasonable assumptions about NOX and VOC emissions growth
for the mobile source category and the biogenic emissions are made for
Sunland Park then the emissions actually would be expected to decline
slightly. Further, emissions growth is more closely correlated to
economic growth in particular industrial sectors (the area source
category) than population growth. We did not apply the El Paso economic
growth factors to the Sunland Park area and calculate a revised
emissions growth for this area source category.

                     Table 3--Summary of Projected NOX Emissions for Sunland Park, Adjusted
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                                                                                2014
                          Source category                               2002 TPD         2014        (adjusted)
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Area...............................................................         0.0896          0.115           .115
Point..............................................................         3.044           4.12           4.12
Mobile.............................................................         2.27            3.14           1.04
Biogenic...........................................................         0.015           0.015           .015
                                                                    --------------------------------------------
    Total Emissions................................................         5.41            7.39           5.29
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                               Table 4--VOC Projections for Sunland Park, Adjusted
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                                                                                2014
                          Source category                               2002 TPD       2014 TPD      (adjusted)
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Area...............................................................          0.553          0.719          0.719
Point..............................................................          0.331          0.357          0.357
Mobile.............................................................          1.45           2.010          0.77
Biogenic...........................................................          1.44           2.002          1.44
                                                                    --------------------------------------------
    Total Emissions................................................          3.74           5.088          3.59
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    EPA recognizes that the estimates in Tables 4 and 5 are rough
approximations, analogized from the information specific for the El
Paso area, and we would not normally rely on these methods for emission
projections. In this case, however, because of the overestimate of the
projected growth in emissions in the Sunland Park area for the year of
2014, we believe that the use of these El Paso analogy methods by EPA
serves the purpose to illustrate the Sunland Park area will continue in
attainment through 2014.
    We also believe that these El Paso analogy methods are adequate in
this instance because emissions in Sunland Park represent only a small
percentage of the emissions in the Paso Del Norte airshed. As
demonstrated in Table 5 below, sources in the Sunland Park area were
contributing a small percentage (approximately 1.6%) of the CO,
NOX, and VOC emissions in the airshed for the base year of
2002. An over whelming majority of the emissions contributing to ground
level ozone in the airshed are from the City of El Paso and Ciudad
Juarez.

                                                                          Table 5--Emissions in Paso del Norte Airshed
                                                                                [TPY = tons per year]
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                                                                                Ciudad Juarez TPY                        El Paso County TPY                         Sunland Park TPY
                              Source                               -----------------------------------------------------------------------------------------------------------------------------
                                                                         VOC           NOX           CO            VOC           NOX           CO            VOC           NOX           CO
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Mobile............................................................      20,208        25,590       155,583         9,939        17,122       148,277          530            830         6,040
Area..............................................................      68,085        14,082        52,393         8,640           872         5,993          190             30           158
Point.............................................................       2,308        18,133        13,821           861          4223         1,704           94          1,086            94
                                                                   -----------------------------------------------------------------------------------------------------------------------------
    Total.........................................................      90,601        57,805       221,797        19,440        22,217       155,974          810          1,946         6,292
                                                                   -----------------------------------------------------------------------------------------------------------------------------
    Percentage....................................................          81.7          70.5          57.7          17.5          27.1          40.6           .73           2.4           1.6
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* The emissions data for Ciudad Juarez comes from, The 1999 Mexico NEI: Six Border States and are based on the inventory data for the State of Chihuahua. This is the only complete emission
  inventory data currently available for this area.
** The emissions data for El Paso comes from the, El Paso County 8-Hour Ozone Maintenance Plan and the El Paso Redesignation to Attainment for Carbon Monoxide and Maintenance Plan, both
  submitted to EPA by the Texas Commission on Environmental Quality in January of 2006.

    Since such a small percentage of emissions to the airshed are
contributed by Sunland Park, we feel it is reasonable to rely upon the
El Paso analogy methods to demonstrate that the attainment level
emissions in Sunland Park will be maintained.
    As discussed previously, we examined the base and projected El Paso
emissions contained in the Texas maintenance plan for the El Paso area,
which EPA approved on January 15, 2009, at 74 FR 2387. Table 6 below,
shows emissions data for the base year of 2002 for the ozone precursors
NOX, and VOC for both Sunland Park and the El Paso areas.
Table 7 shows the projected emissions data for the year of 2014 for
both areas (Sunland Park table is not adjusted). Table 8 shows the
change between 2002 and 2014 in emissions data for both areas (Sunland
Park table is not adjusted). Please see the Technical Support Document
(TSD) for additional emission inventory data.

 Table 6--Sunland Park and El Paso (U.S. Portion of the Paso Del Norte Airshed) VOC, and NOX Baseline Emissions
                                                 Inventory, 2002
----------------------------------------------------------------------------------------------------------------
                                                                   2002 Sunland
                        Emissions source                           Park tons per   2002 El Paso     2002 Total
                                                                        day        tons per day    tons per day
----------------------------------------------------------------------------------------------------------------
Total VOC.......................................................            3.74           52.44           56.18
Total NOX.......................................................            5.41           60.87           66.28
----------------------------------------------------------------------------------------------------------------

Table 7--Sunland Park and El Paso (U.S. Portion of the Paso Del Norte Airshed) VOC, and NOX Projected Emissions,
                                                      2014
----------------------------------------------------------------------------------------------------------------
                                                                   2014 Sunland
                        Emissions source                           Park tons per   2014 El Paso     2014 Total
                                                                        day        tons per day    tons per day
----------------------------------------------------------------------------------------------------------------
Total VOC.......................................................            5.09           44.61           49.70
Total NOX.......................................................            7.39           36.89           44.28
----------------------------------------------------------------------------------------------------------------

 Table 8--Sunland Park and El Paso (U.S. Portion of the Paso Del Norte Airshed) VOC, and NOX Emissions Inventory
                                     Baseline (2002) and Projections (2014)
----------------------------------------------------------------------------------------------------------------
                                                         2002 Sunland Park  2014 Sunland Park
                    Emissions source                      and El Paso tons   and El Paso tons   Change tons per
                                                              per day            per day        day (percentage)
----------------------------------------------------------------------------------------------------------------
Total VOC..............................................              56.18              49.61     -7.02 (-12.5%)
Total NOX..............................................              66.28              44.28    -22.00 (-33.2%)
----------------------------------------------------------------------------------------------------------------

    Table 8 shows that overall emissions of VOC and NOX on
the U.S. portion of the air basin are declining substantially for the
10-year period despite the fact those emissions are projected by New
Mexico to grow slightly in the Sunland Park area. As discussed
previously, EPA believes New Mexico's estimates for growth for all the
source categories but point sources were over estimated and this over
estimation leads to a conclusion that the emissions in Sunland Park are
expected to increase. On the other hand, we believe emissions in
Sunland Park would be expected to decrease, if assumptions that are
more reasonable were made. The fact that the combined emissions in El
Paso and Sunland Park are projected to decline adds further support
that the area will continue to maintain the standard. Therefore, we
believe Sunland Park is expected to maintain attainment of the 1997 8-
hour ozone standard during the period of the maintenance plan. Please
see the Technical Support Document (TSD) for more information on EPA's
review and evaluation of the States 2014 projected emissions
inventories.

3. Monitoring Network

    The State of New Mexico has committed in its maintenance plan to
continue operation of an appropriate

ozone monitoring network and to work with EPA in compliance with 40 CFR
part 58 with regard to the continued adequacy of such a network, if
additional monitoring is needed, and when monitoring can be
discontinued. Table 9 below, contains information on the current ozone
monitoring network in the Sunland Park nonattainment area.

                       Table 9--Monitoring Stations in the Sunland Park Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                  Name                    AIRS monitor ID     County site ID           Monitoring  period
----------------------------------------------------------------------------------------------------------------
Sunland Park, NM.......................        35-013-0017               0071  1989-Present.
Desert View, NM........................        35-013-0021               0021  1996-Present.
Santa Teresa, NM.......................        35-013-0022               0022  1996-Present.
La Union, NM...........................        35-013-0008               0008  1974-Present.
----------------------------------------------------------------------------------------------------------------

    The Area was meeting the 1997 8-hour Standard during the 2002-2004
time period when we did designations with a design value of 77 ppb. The
area continues to meet the 1997 8-hour standard with the most recent
design value for 2008-2010 being 70 ppb. The area also has met the
revoked 1-hour standard since 1998 with the most recent 1-hour design
value of being 97 ppb.

4. Verification of Continued Attainment

    To guarantee that attainment will be continued in the future, the
State commits in the maintenance plan to track the progress of the
maintenance plan by providing the EPA with an interim emissions
inventory report for point, area, mobile and biogenic emissions of VOCs
and CO in the Sunland Park area. In addition, New Mexico commits to
verify the 8-hour ozone status through appropriate ambient air quality
monitoring, and to quality assure air quality monitoring data according
to federal requirements. New Mexico further demonstrates that it has
the legal authority to implement and enforce all air quality measures
needed to attain and maintain the 8-hour ozone NAAQS.

5. Contingency Plan

    The section 110(a)(1) maintenance plan includes contingency
provisions to correct promptly any violation of the 1997 ozone NAAQS
that occurs in the Sunland Park area. The contingency indicator is
based upon monitoring data. The triggering mechanism for activation of
contingency measures is a monitoring violation of the 1997 8-hour ozone
NAAQS. In the maintenance plan, if contingency measures are triggered,
New Mexico is committing to implement the measures as expeditiously as
practicable but no longer than 24 months following the trigger.
    The following contingency measures are identified for
implementation: The use of public outreach materials, e.g., public
service announcements, press releases, and informational pamphlets; the
holding of an open house at the beginning of the ozone season and mid-
way through; and Ozone Action Days, e.g., announcements during weather
forecasts on the radio and television, advisories on the NMED web site.
Real time monitoring data is also available on the NMED web site.
Information on Ozone Action Days will be included in the outreach
material for the Maintenance area.
    These contingency measures and schedules for implementation satisfy
EPA's long-standing guidance on the requirements of section 110(a)(1)
of Continued Attainment. Based on the above, we find that the
contingency measures provided in the State's Sunland Park 8-hour Ozone
maintenance plan are sufficient and meet the requirements of section
110(a)(1) of the CAA.
    EPA has concluded that the maintenance plan adequately addresses
the five basic components of a maintenance plan: Attainment inventory,
maintenance demonstration, monitoring network, contingency plan, and
verification of continued attainment. The maintenance plan SIP revision
submitted by the State of New Mexico for the Sunland Park area meets
the requirements of Section 110(a)(1) of the CAA.

III. Final Action

    EPA is approving a revision to the New Mexico SIP. The revision is
a 1997 8-hour ozone NAAQS maintenance plan for Sunland Park. Sunland
Park remains in attainment of the eight-hour ozone standard. The State
of New Mexico submitted the 1997 8-hour ozone NAAQS maintenance plan on
behalf of the NMED for Sunland Park to EPA on May 2, 2007. EPA is
approving the maintenance plan SIP revision for Sunland Park as meeting
the requirements of CAA Section 110(a)(1) and EPA's regulations under
40 CFR 51.905(a)(3) and (4) and being consistent with EPA guidance. We
have evaluated the State's submittal and have determined that it meets
the applicable requirements of the Clean Air Act and EPA regulations,
and is consistent with EPA policy. Therefore, we are approving the
request of NMED to revise the SIP for the Sunland Park ozone area.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on July 15, 2011
without further notice unless we receive adverse comment by June 15,
2011. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, this action is
also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This action merely approves state
law as meeting Federal requirements and imposes no additional

requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Because this rule
merely approves a state rule implementing a Federal standard, EPA lacks
the discretionary authority to modify today's regulatory decision on
the basis of environmental justice considerations.
    In reviewing SIP submissions under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
In this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 15, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 6, 2011.
Al Armendariz,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. In Sec.  52.1620, the second table in paragraph (e) entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
New Mexico SIP,'' is amended by adding an entry at the end of the table
to read as follows:
    (e) * * *

            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or     State submittal/    EPA approval date        Comments
                                 nonattainment area    effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sunland Park 1997 8-Hour Ozone   Sunland Park, NM..            5/7/2007  5/16/2011 [Insert   ...................
 Maintenance Plan.                                                        FR page number
                                                                          where document
                                                                          begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-11813 Filed 5-13-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Page 61626]
[FR Doc No: 2014-24369]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-1307-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Cost and Revenue Study of Ruby Pipeline, L.L.C.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5324.
    Comments Due: 5 p.m. ET 10/14/14.

    Docket Numbers: RP15-24-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Sec.  4(d) rate filing per 154.204: PAL Service and
Clean-up Filing to be effective 11/1/2014.
    Filed Date: 10/2/14.
    Accession Number: 20141002-5000.
    Comments Due: 5 p.m. ET 10/14/14.

    Docket Numbers: RP15-25-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) rate filing per 154.204: Neg Rate Agmt
Filing (ExGen Texas Power 43197, 43198) to be effective 10/1/2014.
    Filed Date: 10/2/14.
    Accession Number: 20141002-5029.
    Comments Due: 5 p.m. ET 10/14/14.

    Docket Numbers: RP15-26-000.
    Applicants: Egan Hub Storage, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Egan 2014 Cleanup
Filing to be effective 11/3/2014.
    Filed Date: 10/2/14.
    Accession Number: 20141002-5111.
    Comments Due: 5 p.m. ET 10/14/14.

    Docket Numbers: RP15-27-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rate
Service Agreement--Triad Hunter to be effective 10/3/2014.
    Filed Date: 10/2/14.
    Accession Number: 20141002-5124.
    Comments Due: 5 p.m. ET 10/14/14.

    Docket Numbers: RP15-28-000.
    Applicants: Bill Barrett Corporation,Vanguard Operating, LLC.
    Description: Petition for Temporary Waiver of Capacity Release
Rules and Request for Shortened Comment Period of Bill Barrett
Corporation and Vanguard Operating, LLC.
    Filed Date: 10/3/14.
    Accession Number: 20141003-5127.
    Comments Due: 5 p.m. ET 10/10/14.

    Docket Numbers: RP15-29-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) rate filing per 154.204: Neg Rate 2014-10-
03 BP NC NRA to be effective 10/4/2014.
    Filed Date: 10/3/14.
    Accession Number: 20141003-5136.
    Comments Due: 5 p.m. ET 10/15/14.

    Docket Numbers: RP15-30-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) rate filing per 154.204: Miscellaneous
Tariff Filing Correction to be effective 10/4/2014.
    Filed Date: 10/3/14.
    Accession Number: 20141003-5151.
    Comments Due: 5 p.m. ET 10/15/14.

    Docket Numbers: RP15-31-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rate
Filing--October 2014--LER 1010222 Att A to be effective 10/3/2014.
    Filed Date: 10/3/14.
    Accession Number: 20141003-5197.
    Comments Due: 5 p.m. ET 10/15/14.

    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: October 6, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-24369 Filed 10-10-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8567-8568]
[FR Doc No: 2018-03942]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0059]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 30 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before March 29, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA- using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 30 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Application for
Exemptions; National Association of the Deaf, (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since the February 1, 2013 notice, the Agency
has published additional notices granting requests from hard of hearing
and deaf individuals for exemptions from the Agency's physical
qualification standard concerning hearing for interstate CMV drivers.

II. Qualifications of Applicants

    Kathleen A. Abenchuchan Ms. Abunchuchan, age 61, holds an
operator's license in Iowa.
    Maurice Abenchuchan Mr. Abenchuchan, age 33, holds an operator's
license in Iowa.
    Cory Lee Adkins Mr. Adkins, age 40, holds an operator's license in
Ohio.
    James Bogart Mr. Bogart, age 34, holds an operator's license in
Kansas.
    Johnny D. Brewer Mr. Brewer, age 47, holds an operator's license in
Ohio.
    Forrest Carroll Mr. Carroll, age 51, holds an operator's license in
Ohio.
    James G. Carter Mr Carter, age 28, holds an operator's license in
Georgia.
    Julian V. Faire, Jr. Mr. Faire, age 47, holds an operator's license
in California.
    Jeffrey Farrington Mr. Farrington, age33, holds an operator's
license in New York.
    Barry E. Felton, Sr. Mr. Felton, age 47, holds an operator's
license in Delaware.
    Samuel Fernandez Mr. Fernandez, age 43, holds an operator's license
in Florida.
    Jada Hart Mr. Hart, age 31, holds an operator's license in Iowa.
    Harold C. Johnson Mr. Johnson, age 66, holds a class A CDL in
Pennsylvania.
    Paul Klug Mr. Klug, age 62, holds a class A CDL in IA.
    Cody Lauritsen Mr. Lauritsen, age35, holds an operator's license in
Nebraska.
    Dayton Lawson, Jr. Mr. Lawson, age 53, holds a class A CDL in
Michigan.
    Berenice Martinez Ms. Martinez, age 34, holds an operator's license
in Texas.
    Scott Miller Mr. Miller, age 58, holds an operator's license in
Iowa.

    Michael A. Murrah Mr. Murrah, age 34, holds an operator's license
in Illinois.
    Kenneth Novcaski Mr. Novcaski, age 59, holds a class B CDL in
Arizona.
    Kiley C. Peterson Ms. Peterson, age 27, holds an operator's license
in Iowa.
    John See Mr. See, age 69, holds a class A CDL in Ohio.
    Michael Sepulvedo Mr. Sepulvedo, age 54, holds an operator's
license in Colorado.
    Darren Talley Mr. Talley, age 53, holds a class A CDL in Lousiana.
    Frankie D. Tarlton Mr. Tarlton, age 73, holds a class A CDL in
North Carolina.
    Dianna P. Turner Ms Turner, age 39, holds a class A CDL in New
Jersey.
    Dirk M. Vanderspek Mr. Vanderspek, age 58, holds a class A CDL in
Utah.
    Thomas K. Warner II Mr. Warner, age 48, holds an operator's license
in Washington.
    Tommy M. Weldon Mr. Weldon, age 55, holds an operator's license in
Georgia.
    Johnny Wu Mr. Wu, age 25, holds an operator's license in Delaware.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0057 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0059 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: February 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03942 Filed 2-26-18; 8:45 am]
BILLING CODE 4910-EX-P