Air Plan Approval; New Mexico; Periodic Emission Inventory SIP for Sunland Park Nonattainment Area for 2015 Ozone NAAQS

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R06-OAR-2023-0648; FRL-11992-02-R6]</DEPDOC> <SUBJECT>Air Plan Approval; New Mexico; Periodic Emission Inventory SIP for Sunland Park Nonattainment Area for 2015 Ozone NAAQS</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions related to the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on November 12, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2023-0648. All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet. Publicly available docket materials are available electronically through <E T="03">https://www.regulations.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Ms. Nevine Salem, EPA Region 6 Office, Infrastructure and Ozone Section, 214-665-7222, <E T="03">salem.nevine@epa.gov.</E> We encourage the public to submit comments via <E T="03">https://www.regulations.gov.</E> Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document “we,” “us,” and “our” means the EPA. <HD SOURCE="HD1">I. Background</HD> On July 3, 2024 (89 FR 55136), the EPA published a Notice of Proposed Rulemaking (NPRM) for the State of New Mexico. The NPRM proposed approval of the state's periodic emissions inventory for Sunland Park, Doña Ana County, New Mexico marginal nonattainment area for the 2015 NAAQS. The background for this action and rationale for EPA's proposed action are explained in the NPRM and will not be restated here. We received a comment on our proposal from the New Mexico Environmental Department (NMED). Our response to the comment follows. <HD SOURCE="HD1">II. Response to Comments</HD> We received one comment from the NMED regarding an inadvertent typographical error in the NPRM—in tables 1 and 2 that summarized the NO <E T="52">X</E> and VOC emissions in Sunland Park, Doña Ana County, New Mexico. The ozone season daily emissions (lb/day) column in the NPRM showed some discrepancies from what was submitted by the State. In response, the EPA is making the necessary corrections in the updated tables 1, and 2 listed below. The corrected values in fact are less than what was previously listed in tables 1 and 2 of the proposed action. This correction does not change or affect the total NO <E T="52">X</E> or VOC emissions in the 2020 periodic emission inventory for Sunland Park marginal nonattainment area for a typical ozone season day. Additionally, the original tables were included in the State's SIP revision submittal, <SU>1</SU> <FTREF/> in the rulemaking docket. <FTNT> <SU>1</SU>  A copy of the SIP revision is available online at <E T="03">www.regulations.gov,</E> Docket number EPA-R06-OAR-2023-0648. </FTNT> <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,15,15,15"> <TTITLE> Table 1—NO <E T="0732">X</E> Emissions Sunland Park, Doña Ana County, New Mexico </TTITLE> <CHED H="1">Source category</CHED> <CHED H="1"> Doña Ana County <ENT>1,155.22</ENT> <ENT>740.60</ENT> <ENT>4,046.97</ENT> </ROW> <ROW> <ENT I="01">Nonpoint Area</ENT> <ENT>1,588.62</ENT> <ENT>42.01</ENT> <ENT>215.22</ENT> </ROW> <ROW> <ENT I="01">Onroad</ENT> <ENT>3,590.66</ENT> <ENT>111.04</ENT> <ENT>603.13</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Nonroad</ENT> <ENT>430.87</ENT> <ENT>10.49</ENT> <ENT>58.42</ENT> </ROW> <ROW> <ENT I="03">Total</ENT> <ENT>6,765.37</ENT> <ENT>904.14</ENT> <ENT>4,923.74</ENT> </ROW> </GPOTABLE> <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,15,15,15"> <TTITLE>Table 2—VOC Emissions Sunland Park, Doña Ana County, New Mexico</TTITLE> <CHED H="1">Source category</CHED> <CHED H="1"> Doña Ana County <ENT>114.84</ENT> <ENT>41.78</ENT> <ENT>228.32</ENT> </ROW> <ROW> <ENT I="01">Nonpoint Area</ENT> <ENT>10,933.55</ENT> <ENT>134.11</ENT> <ENT>552.64</ENT> </ROW> <ROW> <ENT I="01">Onroad</ENT> <ENT>1,206.00</ENT> <ENT>25.41</ENT> <ENT>138.49</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Nonroad</ENT> <ENT>311.27</ENT> <ENT>7.92</ENT> <ENT>50.36</ENT> </ROW> <ROW> <ENT I="03">Total</ENT> <ENT>12,565.66</ENT> <ENT>209.23</ENT> <ENT>969.82</ENT> </ROW> </GPOTABLE> NMED had another remark stating that no public hearing was conducted for this rulemaking. EPA confirms that in section III of the proposal, we stated that “ <E T="03">New Mexico notified the public in both English and Spanish and offered the opportunity for comment and public hearing. A full record of public notices is included in the state's submittal. New Mexico did not receive any comments during the 30-day public comment period or request for public hearing</E> ”. <HD SOURCE="HD1">III. Final Action</HD> We are approving the New Mexico SIP revisions submitted on December 20, 2023, to address the periodic ozone season daily and annual ozone precursor emission inventories for NO <E T="52">X</E> and VOC for the Sunland Park, Doña Ana County, New Mexico, nonattainment area for the 2015 ozone NAAQS. <HD SOURCE="HD1">IV. Environmental Justice Considerations</HD> The EPA reviewed demographic data, which provides an assessment of individual demographic groups of the populations living within the approximate 13.86 square miles contained in the portion of the ozone nonattainment area within Sunland Park, New Mexico. The complete report is available in the public docket for this action. The Environmental Justice Index for eight of the twelve EJScreen indicators exceed the 80th percentile in the United States; seven of the twelve EJScreen indicators exceed the 80th percentile in the State of New Mexico. Five of the twelve indicators exceed the 90th percentile in both the State of New Mexico and the United States, including indices for particulate matter 2.5, ozone, air toxics cancer risk, air toxics respiratory, and wastewater discharge. This analysis showed an approximate population of 17,408 residents based on the 2017-2021 Census. Within this area, EJScreen identified that approximately 95% of the population are people of color with 58% identified as low income. Additionally, approximately 34% of the population is linguistically isolated and 30% of the population has less than a high school education. This action is to approve the periodic emission inventory for Sunland Park 2015 ozone nonattainment area, in which updated air emissions data in the National Emissions Inventory (NEI) is available on EPA public web page. This action is not anticipated to have a disproportionately high or adverse human health or environmental effects on communities with environmental justice concerns. <HD SOURCE="HD1">V. Statutory and Executive Order Reviews</HD> 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, the 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 Orders 12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 <E T="03">et seq.</E> ); • 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 <E T="03">et seq.</E> ); • 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 subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program; • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address “disproportionately high and adverse human health or environmental effects” of their actions on communities with environmental justice (EJ) concerns to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementati ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 15k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━