[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Rules and Regulations]
[Pages 35273-35279]
[FR Doc No: 2012-14154]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2005-NM-0008; FRL-9684-5]

Approval and Promulgation of Implementation Plans; New Mexico;
Minor New Source Review (NSR) Preconstruction Permitting Rule for
Cotton Gins

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking a direct final action to approve a revision to
the applicable minor New Source Review (NSR) State Implementation Plan
(SIP) for New Mexico submitted by the state of New Mexico on April 25,
2005, which incorporates a new regulation related to minor NSR
preconstruction permitting for particulate matter emissions from cotton
ginning facilities. The submitted Cotton Gin regulation provides an
alternative preconstruction process for cotton ginning facilities that
will emit no more than 50 tons per year of particulate matter. The new
regulation prescribes, at a minimum, best technical control equipment
standards, opacity limitations, and fugitive dust management plan
requirements to minimize particulate matter emissions and establishes a
minimum setback distance from the gin to the property line. EPA has
determined that this SIP revision complies with the Clean Air Act and
EPA regulations and is consistent with EPA policies. This action is
being taken under section 110 of the Act.

DATES: This direct final rule is effective on August 13, 2012 without
further notice, unless EPA receives relevant adverse comment by July
13, 2012. 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 ID No. EPA-R06-
OAR-2005-NM-0008, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions for
submitting comments.
    (2) Email: Ms. Ashley Mohr at<EMAIL_ADDRESS>    (3) Fax: Ms. Ashley Mohr, Air Permits Section (6PD-R), at fax
number<PHONE_NUMBER>.
    (4) Mail: Ms. Ashley Mohr, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
    (5) Hand or Courier Delivery: Ms. Ashley Mohr, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Such deliveries are accepted only between the
hours of 8:30 a.m. and 4:30 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-
2005-NM-0008. 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 the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that 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 http://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 along with any disk or CD-ROM
submitted. 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 and any form of encryption and should 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: 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
the disclosure of which 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
Permits Section (6PD-R), 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 to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. A 15 cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
    The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
    New Mexico Environment Department, Air Quality Bureau, 1301 Siler
Road, Building B, Santa Fe, New Mexico.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Ashley Mohr (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone
(214) 665-7289; fax number<PHONE_NUMBER>; email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document the following terms
have the meanings described below:
     ``we'', ``us'' and ``our'' refer to EPA.
     ``Act'' and ``CAA'' mean the Clean Air Act.
     ``40 CFR'' means Title 40 of the Code of Federal
Regulations--Protection of the Environment.
     ``SIP'' means the State Implementation Plan established
under section 110 of the Act.
     ``NSR'' means new source review.
     ``TSD'' means the Technical Support Document for this
action.
     ``NAAQS'' means any national ambient air quality standard
established under 40 CFR part 50.

Table of Contents

I. What action is EPA taking?
II. What did New Mexico submit?
    A. April 25, 2005, SIP Revision Submittal
    B. What is the Cotton Gin regulation?
III. EPA's Evaluation
    A. Technical Review of April 25, 2005, SIP Revision Submittal
    B. CAA 110(l) Analysis
IV. Final Action
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    We are taking direct final action to approve a revision to the
applicable minor New Source Review (NSR) State Implementation Plan
(SIP) for New Mexico submitted by the state of New Mexico on April 25,
2005, which incorporates a new regulation related to minor NSR
preconstruction permitting for cotton ginning facilities that are minor
stationary sources with particulate matter emissions no more than 50
tons per year. The April 25, 2005, SIP submittal includes the
incorporation of the new Cotton Gin regulation in 20.2.66 of the New
Mexico Administrative Code (NMAC), also known as Part 66.
    Our technical analysis of the April 25, 2005, SIP rule revision
submittal has found that the new Part 66, containing the Cotton Gin
regulation, meets the CAA and 40 CFR Part 51. Therefore, EPA is taking
direct final action to approve the incorporation of 20.2.66 NMAC, as
submitted on April 25, 2005, into the New Mexico minor NSR SIP. We
provide a summary of the reasoning comprising our evaluation in this
rulemaking, as well as, a more detailed evaluation and analysis in the
Technical Support Document (TSD) for this rulemaking.
    We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. As explained in our TSD, we are finding this action
noncontroversial because the Cotton Gin regulation is an established
limited-scope regulation providing an alternative minor NSR
preconstruction permitting approach for cotton ginning facilities that
are minor stationary sources of particulate matter emissions. 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 August 13, 2012 without further notice
unless we receive relevant adverse comment by July 13, 2012. If we
receive relevant adverse comments, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. We will 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.

II. What did New Mexico submit?

A. April 25, 2005, SIP Revision Submittal

    On April 25, 2005, the Governor of New Mexico submitted a revision
to incorporate 20.2.66 NMAC--Cotton Gins into the New Mexico SIP. This
submittal includes the following:
     Addition of the following sections: <IP_ADDRESS> NMAC--
Issuing Agency; <IP_ADDRESS> NMAC--Scope; <IP_ADDRESS> NMAC--Statutory
Authority; <IP_ADDRESS> NMAC--Duration; <IP_ADDRESS> NMAC--Effective Date;
<IP_ADDRESS> NMAC--Objective; <IP_ADDRESS> NMAC--Definitions; <IP_ADDRESS>
NMAC--Documents; <IP_ADDRESS> NMAC--Issuance of Permit under 20.2.72
NMAC; <IP_ADDRESS> NMAC--Permit Application Requirements; and
<IP_ADDRESS> NMAC--Permit Requirements.
     Portions of the New Mexico Air Quality Control Act (AQCA),
specifically the 2003 amendments to Section 74-2-7(C) and (O), related
to permit issuance for cotton ginning facilities, as evidence of the
legal authority for the State to adopt 20.2.66 NMAC--Cotton Gins.
    A summary of EPA's evaluation of the Cotton Gin regulation and the
basis for this action is discussed in section III of this preamble. The
TSD includes a detailed evaluation of the April 25, 2005, SIP
submittal.

B. What is the Cotton Gin regulation?

    The Cotton Gin regulation, found in Part 66, provides an
alternative process for owners and operators of cotton ginning minor
stationary sources, as defined in Part 66, to obtain a minor NSR
preconstruction permit for particulate matter emissions. The New Mexico
Environmental Department (NMED) adopted 20.2.66 NMAC in

response to 2003 amendments to the New Mexico Air Quality Control Act
(AQCA), specifically, amendments to Sections 74-2-7(C) and (O). Sources
that meet the cotton ginning facility definition defined in
<IP_ADDRESS>(C) and that elect to apply for a minor NSR preconstruction
permit under Part 66, must meet the source-specific requirements
contained in the Part, which include application requirements and
permit requirements. A ``cotton ginning facility'' is defined in Part
66 as ``any facility that separates seed, lint, and trash from raw
cotton, and bales lint cotton for further processing.'' To meet the
definition of a ``cotton ginning facility,'' Part 66 also requires that
the facility have the standard industrial classification code 0724
(cotton ginning) and the North American industrial standard
classification code 11511 (cotton ginning). It must also have 50 tons
per year or less of particulate matter emissions. A source that obtains
a minor NSR preconstruction permit under Part 66 for its particulate
matter emissions is also required to meet the applicable requirements
contained in the SIP's 20.2.72 NMAC--Construction Permits (Part 72) to
obtain a minor preconstruction permit for its other emissions.
    Part 66 specifies permit application requirements, particulate
matter emission control requirements, opacity limitations, fugitive
dust plan requirements, operating and location restrictions, and
inspection and recordkeeping requirements for cotton ginning facilities
seeking a minor preconstruction permit under 20.2.66 NMAC. The ``best
system'' to minimize particulate matter emissions was determined by
NMED to be, at a minimum, technical control standards such as screens
with a mesh size of 70 by 70 or finer (United States sieve) on low-
pressure exhausts, and high-efficiency cyclone dust collectors on high-
pressure exhausts. These control standards minimize particulate matter
emissions. The new regulation also establishes minimum setback distance
requirements for facilities obtaining a minor NSR preconstruction
permit under Part 66. These requirements are specific to the control of
emissions and minimization of impacts from particulate matter emissions
from cotton gins emitting 50 tons per year or less, including
particulate matter less than 10 microns in diameter (PM10)
and particulate matter less than 2.5 microns in diameter
(PM2.5). All other criteria pollutant emissions from cotton
gins are required to be addressed via the requirements of the Part 72
preconstruction minor NSR permitting program that already is in the New
Mexico SIP.

III. EPA's Evaluation

A. Technical Review of April 25, 2005, SIP Revision Submittal

    The April 25, 2005, SIP revision submitted by New Mexico to
incorporate Part 66 in the State's minor NSR SIP establishes an
alternative minor NSR preconstruction permitting approach for cotton
gins that are minor sources of 50 tons per year or less of particulate
matter emissions. The alternative minor NSR preconstruction permitting
process contained in the Cotton Gin regulation provides cotton ginning
facilities with an option to obtain a minor NSR preconstruction permit
via the current minor NSR SIP's preconstruction case-by-case permitting
program (Part 72) for all its emissions or to obtain a SIP Part 72
minor NSR preconstruction permit for all of its emissions except for
its particulate matter emissions, for which it can obtain a minor NSR
preconstruction permit via the alternative process contained in Part
66. As previously mentioned, those cotton gin sources obtaining a minor
NSR permit under Part 66 for their particulate matter emissions must
also meet the applicable requirements of the SIP's Part 72 for all
their other emissions. The Part 66 minor NSR preconstruction permitting
process addresses particulate matter emissions from minor source cotton
gins without requiring an air quality impact analysis demonstration,
while the SIP's Part 72 rule addresses case-by-case preconstruction
permitting determinations for all sources for all emissions and
requires an analysis of the predicted air quality impact that generally
is met by air dispersion modeling. As discussed later, EPA is finding
that the submitted Part 66 is protective of the NAAQS and therefore no
case-by-case air quality impact analysis is required for cotton gins
covered under this rule.
    As detailed in the TSD, the April 25, 2005, SIP submittal meets the
completeness criteria established in 40 CFR part 51, Appendix V. In
addition to the completeness review, the Cotton Gin regulation SIP
submittal was evaluated against the applicable requirements contained
in the Act and 40 CFR part 51. Section 110(a)(2)(C) of the Act
requires, in part, that each implementation plan include a program to
regulate the construction and modification of stationary sources,
including a permit program as required by parts C and D of Title I of
the Act, as necessary to assure that the NAAQS are achieved. Parts C
and D, which pertain to prevention of significant deterioration (PSD)
and nonattainment, respectively, address major NSR programs for
stationary sources, and the permitting program for ``nonmajor'' (or
``minor'') stationary sources is also addressed by section 110(a)(2)(C)
of the Act. We generally refer to the latter program as the ``minor
NSR'' program. A minor stationary source is a source whose ``potential
to emit'' is lower than the major source applicability threshold for a
particular pollutant defined in the applicable major NSR program.
    EPA's implementing regulations for minor NSR SIP revision
submissions required by section 110(a)(2)(C) are found at 40 CFR 51.160
and are intended to ensure that new source growth is consistent with
maintenance of the NAAQS. Therefore, we evaluated the submitted new
rule using the federal regulations under CAA section 110(a)(2)(C),
which require each State to include a minor NSR program in its SIP. EPA
regulations require that a minor NSR program include:
     A plan that ``must set forth legally enforceable
procedures that enable'' the permitting agency to determine whether a
minor source will cause or contribute to a violation of applicable
portions of the control strategy, 40 CFR 51.160(a)(1), or interference
with attainment or maintenance of a NAAQS within the state or a
neighboring state, 40 CFR 51.160(a)(2).
     The procedures must provide for the submission, by the
applicant, of such information on:
    (1) The nature and amounts of emissions to be emitted by it or
emitted by associated mobile sources;
    (2) The location, design, construction, and operation of such
facility, building, structure, or installation as may be necessary to
permit the State or local agency to make the determination referred to
in paragraph (a) of this section, 40 CFR 51.160(c) .
     The procedures must identify types and sizes of affected
entities subject to review and must discuss ``the basis for determining
which facilities will be subject to review,'' 40 CFR 51.160(e).
    The provisions contained in the Cotton Gin regulation SIP submittal
meet the requirements in 40 CFR 51.160(a)(1) and (2) that each plan
include legally enforceable procedures to determine whether the
construction or modification of a facility, building, structure, or
installation, or the combination of these will result in: (1) A
violation of the applicable portions of the control strategy; or (2)
interference with attainment or maintenance of a

national standard in the state in which the proposed source (or
modification) is located or in a neighboring state. See our TSD and
section III.B of this notice for more details regarding how the Cotton
Gin regulation complies with these requirements.
    The Cotton Gin regulation SIP revision also meets the 40 CFR
51.160(c) requirements by requiring sources that apply for a minor NSR
preconstruction permit using the alternative approach contained in Part
66 to provide information regarding the nature and amounts of emissions
to be emitted and the location, design, construction, and operation of
the facility in accordance with permit application requirements
contained in Part 72. The minor NSR preconstruction permitting program
contained in Part 72 is already part of the New Mexico SIP. The permit
application content requirements are contained in Section 203 of Part
72 and are referenced as requirements of Part 66 in Section 201(A) of
that Part.
    The April 25, 2005, SIP revision also meets the 40 CFR 51.160(e)
requirements by identifying the type of facility that will be subject
to review under 40 CFR 51.160(a). New Mexico specifically identified
that cotton ginning facilities meeting the definition contained in Part
66 may elect to utilize the alternative minor NSR permitting process
contained in the Cotton Gin regulation. This includes the requirement
that the cotton gin be a minor stationary source emitting 50 tons per
year or less of particulate matter. The major source threshold for
particulate matter for cotton ginning facilities is 250 tons per year.
Cotton ginning facilities not meeting the definition are not allowed to
utilize the alternative minor NSR permitting approach contained in Part
66. See the TSD for more details regarding our technical review of the
April 25, 2005, SIP revision submittal.
    40 CFR 51.160 requires that the minor NSR SIP revision submittal be
enforceable. In particular, 40 CFR 51.160(a) requires that the SIP
revision be enforceable in order to ensure that the issuance of the
minor NSR permit will not cause or contribute to a violation of any SIP
control strategy and will not interfere with attainment and maintenance
of the NAAQS. The September 23, 1987, Memorandum from J. Craig Potter,
Assistant Administrator for Air and Radiation, and Thomas L. Adams Jr.,
Assistant Administrator for Enforcement and Compliance Monitoring,
entitled ``Review of State Implementation Plans and Revisions for
Enforceability and Legal Sufficiency'' provides EPA's guidance for
assessing whether a SIP revision submittal is sufficiently enforceable.
We find that the new regulation meets the requirements of section 40
CFR 51.160(a), which requires that SIP revision submittals be
enforceable. The submitted regulation specifically identifies the
covered source; ensures that the permit issued by NMED will contain
specific limits to ensure that the cotton gin's potential to emit
remains below major source thresholds for particulate matter emissions;
and includes monitoring, recordkeeping, and reporting (MRR) provisions
that establish how compliance will be determined and ensure that the
PM10 and PM2.5 NAAQS are protected. For these
reasons, EPA finds that the submitted regulation will ensure attainment
and maintenance of the particulate matter NAAQS and will prevent
violations of any of the New Mexico SIP's control strategies. Under
this submitted regulation, the State is able to determine if there will
be an adverse impact on air quality.
    EPA has recognized, for certain classes of sources, that it is
appropriate for states to establish enforceable emission limits that
serve to limit potential to emit through exclusionary rules that apply
to certain source categories. See, Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, Office of Air Quality
Planning and Standards (OAQPS) entitled ``Guidance for State Rules for
Optional Federally-Enforceable Emissions Limits Based on Volatile
Organic Compound Use,'' dated October 15, 1993; See also, Memorandum
from John Seitz, Director, OAQPS entitled ``Approaches to Creating
Federally-Enforceable Emission Limits,'' dated November 3, 1993. EPA
also issued a guidance memorandum that provides guidance for addressing
the minor source status under the Act for lower-emitting sources in
eight source categories, including cotton gins. See, April 14, 1998,
Memorandum entitled, ``Potential to Emit (PTE) Guidance for Specific
Source Categories'' (hereinafter the 1998 memoranda). It provides
technical information useful in devising practicable enforceable PTEs
for small sources and identifies sources that are ``true minors.''
    Although not an exclusionary rule, the practicable enforceability
criteria in the guidance memoranda serve as a way to measure whether
the submitted regulation is practicably enforceable and therefore can
ensure that issuance of the minor NSR permit will not cause or
contribute to a violation of any SIP control strategy and will not
interfere with attainment and maintenance of the NAAQS. The submitted
regulation clearly identifies the category of sources that qualify for
coverage. Moreover, EPA has found that cotton gins are technically
justified for a streamlined approach (the 1998 memoranda). The
regulation provides that a source notify the State of its coverage
under the regulation by submitting a preconstruction application. The
application must propose maximum allowable annual and hourly emissions
and include proposed limitations to hours of operation and other
limitations that will result in allowable emissions of no more than 50
tons per year. The NMED is authorized to modify any of the proposed
limitations and controls to be more stringent, as necessary to ensure
that applicable requirements are met. Therefore, the regulation ensures
that the applicable emission limits will be clearly specified by the
NMED in the issued permit. The rule also includes terms and conditions
for monitoring, recordkeeping, reporting, and testing requirements, as
appropriate. The applicant is required to comply with the limits in the
Part 66 issued permit. Violations of the emission threshold imposed by
the submitted regulation can constitute violations of permitting and
SIP requirements.\1\
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    \1\ Under <IP_ADDRESS> NMAC, any credible evidence may be used
for the purpose of establishing whether a person has violated or is
in violation of the terms or conditions of the permit. This
enforcement measure applies notwithstanding any other provisions in
the New Mexico SIP.
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B. CAA 110(l) Analysis

    Section 110(l) of the Clean Air Act states:

    Each revision to an implementation plan submitted by a State
under this Act shall be adopted by such State after reasonable
notice and public hearing. The Administrator shall not approve a
revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in CAA section 171), or any other applicable
requirement of this Act.

    Thus, under section CAA 110(l), this minor NSR SIP revision
submittal must not interfere with attainment, reasonable further
progress, or any other applicable requirement of the Act. EPA is
approving the revision to the New Mexico minor NSR SIP incorporating
the cotton gin minor NSR regulation because, based on our analysis, we
have found that Part 66 does not interfere with attainment, reasonable
further progress, or any other requirement of the Act.
    As previously stated, the provisions contained in Part 66 include

requirements and operational restrictions for cotton ginning facilities
seeking a minor NSR permit that are specific to the control of
particulate matter emissions and minimization of impacts from those
emissions. All other pollutants will continue to be addressed via the
requirements of the SIP's Part 72 minor NSR preconstruction permitting
program. Therefore, EPA evaluated the Cotton Gin regulation for its
impact on attainment and reasonable further progress for
PM10 and PM2.5 in a CAA 110(l) analysis. The
submitted regulation only affects one specific source category, not
unrelated emission sources. Therefore, there will be no cumulative
effect of numerous unrelated sources. Moreover, there currently are
only four cotton gins operating in the State, and only one of these
four facilities has received the alternative minor NSR permit for its
particulate matter emissions. The cotton gin that received the
alternative minor NSR permit for its particulate matter emissions is
located in Dona Ana County, but it is outside the boundaries of the
Anthony PM10 nonattainment area. All four cotton gins are
minor stationary sources of particulate matter.
    A cotton gin obtaining a minor NSR permit under this new rule must
meet, at a minimum, the technical equipment requirements and management
practices in the rule. All burr hoppers must be completely enclosed.
There can be no visible fugitive emissions from any door, vent, or
window. Emissions from the gin yard, storage piles, roads, and vehicles
must be controlled by watering, paving and cleaning, surfactants, or
other equivalent means. There are opacity limitations on the cyclones,
low pressure exhausts, and fuel-burning equipment. High pressure
exhausts must be controlled by the use of a high efficiency cyclone
dust collector and are subject to an opacity limitation. Low pressure
exhausts must be controlled by the use of screens with a mesh size of
70 by 70 or finer (United States sieve), or the use of perforated
condenser drums with holes not exceeding 0.045 inches in diameter and
are subject to an opacity limitation. There must be a posted speed
limit for all vehicles on unpaved haul roads and in unpaved yard areas
of 10 miles per hour or less. Fuel burning equipment is limited to
certain fuels. The NMED has the authority to require even more
stringent requirements than those set forth above. Furthermore, under
the submitted regulation, a cotton gin obtaining a minor NSR permit
under this regulation must be located at a minimum of 10 feet in all
directions from the facility's property boundary. The cotton gin must
also be at least 0.25 miles from any existing state park, recreation
area, or school and at least three miles from any Class I area. The
distance from the cotton gin to the property boundary must also meet
minimum requirements based on the facility's PM10 emissions.
These set back distance limitations are based upon the allowable
emissions rather than production rates, thereby encouraging gins to use
more stringent technical controls. The NMED has the authority to
establish a more stringent set back limitation in any issued permit
under this new rule, as necessary, to ensure that the facility will
meet all other applicable requirements.
    The entire state of New Mexico was designated attainment for the
1997 PM2.5 NAAQS. Additionally, the entire state of New
Mexico was designated attainment for the 2006 PM2.5 NAAQS.
The only area designated nonattainment for the PM10 NAAQS in
New Mexico is Anthony, which is located in Dona Ana County. Dona Ana
County does contain cotton gins, but these gins are located outside the
boundaries of the Anthony designated nonattainment area. In New
Mexico's November 8, 1991 SIP revision for the Anthony PM10
nonattainment area, the State demonstrated that PM10
emissions from existing cotton gins located in Dona Ana County did not
have a significant impact on air quality in Anthony. As a result, New
Mexico did not include control requirements for any point sources,
including cotton gins, in its PM10 SIP revision for Anthony.
EPA approved the PM10 SIP for Anthony on September 9, 1993.
Annual emissions inventory information compiled by NMED for inventory
year 2002 shows that annual emissions of PM10 resulting from
cotton gins located in Dona Ana County are much less than the total
PM10 emissions from both agricultural and non-agricultural
emission sources in the county. The 2002 Dona Ana County emissions
inventory data also shows that annual emissions of PM2.5
from cotton gins are much less that the total PM2.5
emissions. There also is no new evidence that new minor source cotton
gins would have a significant impact on air quality in Anthony. There
is no evidence of growth in cotton gins since 1991, the date of the
PM10 SIP revision that EPA approved; in fact, at least two
cotton gins have permanently shut down. Therefore, we expect that the
impacts of PM10 emissions from cotton gins on air quality in
Dona Ana County, including in Anthony, would be small relative to the
impacts from other emission sources. Ginning activity in New Mexico,
including in Dona Ana County, is not expected to experience significant
growth from current activity levels. When the Cotton Gin regulation was
developed and adopted by New Mexico in 2005, seven commercial gins were
registered in New Mexico, with six of the registered gins actually
operating. Since 2005, three of these seven cotton gins have closed.
Only one of the remaining four cotton gins is located in Dona Ana
County. The current ginning capacity in New Mexico is more than
sufficient to handle the State's cotton production and annual trends
show decreasing cotton production since the State's adoption of the
Cotton Gin regulation. Moreover, of the four currently operational
cotton ginning facilities located in New Mexico, only one has received
a permit through the Part 66 permitting process. Furthermore, if a new
minor cotton gin source wished to construct in Dona Ana County and
applied for a permit via the Part 66 alternative minor NSR
preconstruction permitting process, the permit would limit the
emissions of PM10 or PM2.5 to not more than 50
tons per year.
    For all other areas of New Mexico located outside of the Anthony
PM10 nonattainment area, the Cotton Gin regulation is
evaluated to determine if the SIP revision submission will interfere
with attainment for PM2.5 or PM10. As previously
mentioned, based on the State's current ginning capacity and cotton
production trends, cotton ginning activity in New Mexico is not
expected to experience significant growth from current activity levels.
If a new minor cotton gin source is to be located in New Mexico, and
the owner chooses the Part 66 alternative method, the cotton gin
facility must apply for a minor NSR preconstruction permit under Part
66 and the permit will limit the emissions of particulate matter to not
more than 50 tons per year. In addition, a source applying for a minor
preconstruction permit under Part 66 is required to meet at a minimum
the control requirements contained in the Cotton Gin regulation, which
include control equipment requirements for high and low pressure
exhausts, opacity limitations, implementation requirements for a
fugitive dust management plan, fuel usage limitations for any fuel
burning equipment, and location restrictions based on the facility's
emission rates. Prior to the adoption of Part 66, New Mexico did not
have specific regulations or control requirements for cotton ginning
facilities. Instead, control requirements for new and modified cotton
ginning facilities were established through the

existing case-by-case preconstruction permitting program in the SIP
(Part 72 for minor sources). The adoption of Part 66 establishes
specific control requirements for particulate matter emissions that are
not contained in the current New Mexico SIP for cotton ginning
facilities seeking a minor preconstruction permit via the alternative
minor NSR preconstruction permit approach. New Mexico also retains the
authority and procedures to amend the Part 66 Cotton Gin regulation if
federal standards or requirements change and the Cotton Gin regulation
is no longer adequate to ensure that applicable requirements are met.
    Our evaluation of the April 25, 2005, SIP submittal with respect to
both PM10 nonattainment and attainment areas and to
PM2.5 impacts demonstrates compliance with section 110(l) of
the CAA and provides further basis for approval of this SIP revision.

IV. Final Action

    EPA is taking direct final action to approve the revision to the
New Mexico SIP submitted on April 25, 2005. Specifically, EPA is
approving the incorporation of the new Cotton Gin regulation in 20.2.66
NMAC, which establishes an alternative minor NSR preconstruction
permitting process for issuing air quality permits to cotton ginning
facilities for particulate matter emissions. EPA is finding that the
revisions to the New Mexico Air Quality Control Act (AQCA) contained in
the April 25, 2005, submittal, specifically the 2003 amendments to
Section 74-2-7(C) and (O), related to permit issuance for cotton
ginning facilities, provide sufficient legal authority for the NMED to
adopt and enforce the 20.2.66 NMAC. See 40 CFR 51.230 and 50.231.
    EPA is not acting on other severable portions of the April 25,
2005, SIP submittal.\2\ Specifically, EPA is not taking action on the
revisions submitted on April 25, 2005, to 20.2.72 NMAC--Construction
Permits; 20.2.73 NMAC--Notice of Intent and Emissions Inventory
Requirements; and 20.2.75 NMAC--Construction Permit Fees. These
revisions have been or will be addressed by EPA in separate SIP
revision reviews and rule actions.
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    \2\ By severable, we mean that the portions of the SIP revisions
related to the Cotton Gin regulation can be implemented
independently of the remaining portions of the submittal, without
affecting the stringency of the submitted rules. In addition, the
remaining portions of the submittal are not necessary for approval
of the provisions of 20.2.66 NMAC.
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V. 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 approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 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 action 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.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 13, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 30, 2012.
Samuel Coleman,
Acting Regional Administrator, EPA 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. The table in section 52.1620(c) entitled ``EPA Approved New Mexico
Regulations'' is amended by adding a new entry for Part 66 (20.2.66
NMAC) in numerical order by part number to read as follows.

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA-Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State approval/
         State citation             Title/subject      effective date     EPA approval date        Comments
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Part 66........................  Cotton Gins.......  4/7/2005..........  6/13/2012 [Insert
                                                                          FR page number
                                                                          where document
                                                                          begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2012-14154 Filed 6-12-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43825-43827]
[FR Doc No: 2020-15575]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-471-000]

Texas Eastern Transmission LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Bailey East Mine Panel 12J
Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Bailey East Mine Panel 12J
Project involving construction and operation of facilities by Texas
Eastern Transmission LP (Texas Eastern) in Marshall County, West
Virginia. The Commission will use this EA in its decision-making
process to determine whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into

account the environmental impacts that could result from its action
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. NEPA also requires the Commission to
discover concerns the public may have about proposals. This process is
referred to as ``scoping.'' The main goal of the scoping process is to
focus the analysis in the EA on the important environmental issues. By
this notice, the Commission requests public comments on the scope of
issues to address in the EA. To ensure that your comments are timely
and properly recorded, please submit your comments so that the
Commission receives them in Washington, DC on or before 5:00 p.m.
Eastern Time on August 12, 2020.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on June 1, 2020, you will need to file those
comments in Docket No. CP20-471-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    Texas Eastern provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) under the natural gas Landowner Topics
link.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address using the U.S. Postal Service. Be sure to
reference the project docket number (CP20-471-000) with your
submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent through carriers other than the U.S. Postal Service
must be sent to 12225 Wilkins Avenue, Rockville, Maryland 20852 for
processing.

Summary of the Proposed Project

    Texas Eastern proposes to excavate and elevate sections of four
natural gas transmission pipelines due to longwall mining activities.
According to Texas Eastern, its project would allow for safe and
efficient operation of Texas Eastern's existing pipeline facilities for
the duration of the longwall mining activities planned by CONSOL Energy
Inc. in the area beneath Texas Eastern's pipelines. The general
location of the project facilities is shown in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed facilities would disturb about 37.7
acres of land for the excavation and elevation of the pipeline
segments. Following construction, Texas Eastern would maintain about
15.2 acres for permanent operation of the project's facilities; the
remaining acreage would be restored and revert to former uses. The
proposed pipeline excavation and elevation parallels existing pipeline
rights-of-way for 100 percent of the project.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/

natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the EA is issued. The EA
may be issued for an allotted public comment period. Commission staff
will consider all comments on the EA before making recommendations to
the Commission. To ensure Commission staff have the opportunity to
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The EA for this project will
document findings on the impacts on historic properties and summarize
the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP20-471). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: July 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15575 Filed 7-17-20; 8:45 am]
BILLING CODE 6717-01-P