[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Proposed Rules]
[Pages 23075-23078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8867]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-NM-0002; FRL--7908-1]
Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; San Juan County Early Action Compact Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve revisions to the State
Implementation Plan (SIP) submitted by the Governor of New Mexico on
December 16, 2004. The proposed revisions will incorporate the Early
Action Compact (EAC) Clean Air Action Plan into the New Mexico SIP. The
EAC is a voluntary program between the New Mexico Department of
Environment (NMED), the Cities of Aztec, Bloomfield, and Farmington,
San Juan County, and EPA. EPA is proposing approval of the
photochemical modeling in support of the attainment demonstration of
the 8-hour ozone standard within the San Juan County EAC area. EPA is
proposing these actions as a strengthening of the SIP in accordance
with the requirements of sections 110 and 116 of the Federal Clean Air
Act (the Act). The revisions will contribute to improvement in air
quality and continued attainment of the 8-hour National Ambient Air
Quality Standard (NAAQS) for ozone.
DATES: Comments must be received on or before June 3, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R06-OAR-2005-NM-0002, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/ Regional Material in
EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
U.S. 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. Thomas Diggs at [email protected]. Please also cc
the person listed in the FOR FURTHER INFORMATION CONTACT section below.
Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax
number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, 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 Regional Material in EDocket
(RME) ID No. R06-OAR-2005-NM-0002. The EPA's policy is that all
comments received will be included in the public file without change,
change and may be made available online at http://docket.epa.gov/rmepub/, 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 Regional
Material in EDocket (RME), regulations.gov, or e-mail if you believe
that it is CBI or otherwise protected from disclosure. The EPA RME Web
site and the Federal regulations.gov are ``anonymous access'' systems,
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 RME or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public file and
made available on the Internet. If you submit an electronic comment, we
recommend 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 electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in the official file which is
available 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 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 cents 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, Air Quality Bureau, 2048
Galisteo, Santa Fe, New Mexico 87505.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section
(6PD-L), EPA Region 6, 1445 Ross Avenue,
[[Page 23076]]
Dallas, Texas 75202-2733, telephone (214) 665-6691, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action are we proposing?
II. What is an EAC?
III. What is a SIP?
IV. What is the content of San Juan EAC attainment demonstration?
V. Why are we proposing to approve this EAC SIP submittal?
VI. What measures are included in this EAC submittal?
VII. What happens if San Juan County does not meet the EAC
milestones?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA.
I. What Action Are We proposing?
Today we are proposing to approve a revision to the New Mexico SIP
under sections 110 and 116 of the Act, as a strengthening of the SIP.
This revision will incorporate the San Juan County EAC Clean Air Action
Plan into the New Mexico SIP. The EAC is a voluntary agreement between
the NMED, the Cities of Aztec, Bloomfield, and Farmington, San Juan
County, and EPA. The geographic area included in this EAC consists of
San Juan County, with the exception of the Navajo Nation and the Ute
Mountain Reservation. See section II of this document for more
information on the EAC. The intent of this agreement, known as the San
Juan County EAC, is to reduce ozone pollution and thereby maintain the
8-hour ozone standard. The San Juan County EAC sets forth a schedule to
develop technical information about ozone pollution, and adopt and
implement a Clean Air Action Plan, consisting of emissions control
measures to ensure San Juan County achieves compliance with the 8-hour
ozone standard by December 31, 2007. The revision also includes an
attainment demonstration and associated local voluntary measures.
II. What Is an EAC?
The Early Action Compact was developed to allow communities an
opportunity to reduce emissions of ground level ozone pollution sooner
than the Act requires. The EAC program was designed for areas that
approach or monitor exceedences of the 8-hour ozone standard, but are
in attainment for the 1-hour ozone standard. The compact is a voluntary
agreement between local communities, States and tribal air quality
officials, and EPA which allows States and local entities to make
decisions that will accelerate meeting the new 8-hour ozone standard
using locally tailored pollution controls instead of Federally mandated
control measures. Early planning and early implementation of control
measures that improve air quality will likely accelerate protection of
public health. The EPA believes the EAC program provides an incentive
for early planning, early implementation, and early reductions of air
emissions in the affected areas, thus leading to an expeditious
attainment and maintenance of the 8-hour ozone standard.
Communities with EACs will have plans in place to reduce air
pollution at least two years earlier than required by the Act. In
December 2002, a number of States submitted compact agreements pledging
to reduce emissions earlier than required for compliance with the 8-
hour ozone standard. These States and local communities had to meet
specific criteria, and agreed to meet certain milestones for
development and implementation of the compact. States with communities
participating in the EAC program had to submit implementation plans for
meeting the 8-hour ozone standard by December 31, 2004, rather than
June 15, 2007, the deadline for all other areas not meeting the 8-hour
standard. The EAC program required communities to develop and implement
air pollution control strategies, account for emissions growth, and
demonstrate their attainment and maintenance of the 8-hour ozone
standard. For more information on the EAC program see section V of our
December 16, 2003 (68 FR 70108) publication entitled ``Deferral of
Effective Date of Nonattainment Designations for 8-hour Ozone National
Ambient Air Quality Standards for Early Action Compact Areas.''
On April 15, 2004, EPA designated all areas for the 8-hour ozone
standard. The EPA deferred the effective date of nonattainment
designations for those EAC areas that were violating the 8-hour
standard but continue to meet the compact milestones. We announced the
details of this deferral on April 15, 2004 as part of the Clean Air
Rules of 2004. See our April 30, 2004 (69 FR 23858) publication
entitled ``Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact
Areas with Deferred Effective Dates.''
III. What Is a SIP?
The SIP is a set of air pollution regulations, control strategies
and technical analyses developed by the state, to ensure that the state
meets the NAAQS. These ambient standards are established under section
109 of the Act and they currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and
sulfur dioxide. The SIP is required by Section 110 of the Act. These
SIPs can be extensive, containing state regulations or other
enforceable documents and supporting information such as emission
inventories, monitoring networks, and modeling demonstrations.
IV. What Is The Content Of The San Juan EAC Attainment Demonstration?
In support of this proposal, the NMED conducted an ozone
photochemical modeling study developed for the Four Corners/San Juan
air basin. This study meets EPA's modeling requirements and guidelines,
including such items as the base year inventory development, the growth
rate projections, and the performance of the model. See our Technical
Support Document (TSD) for more information about this modeling study.
The modeling submitted in support of this proposal demonstrates that
San Juan EAC area would be in attainment with the 8-hour ozone NAAQS in
2007 and 2012. The modeling results for the Four Corners/San Juan air
basin show or predict a maximum ozone design value of 74.78 parts per
billion (ppb) for the 2007. This predicted maximum design value is well
below the 8-hour ozone limit of 85 ppb. In fact, the San Juan EAC area
would attain the 8-hour ozone NAAQS absent requiring additional local
control measures or emissions reductions. See section VI of this
document for a list of adopted measures as a part of this EAC.
Therefore, we are proposing to approve NMED's EAC 8-hour ozone
attainment demonstration plan for the Four Corners/San Juan air basin.
V. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because
implementing the requirements in the San Juan EAC Clean Air Action Plan
will help ensure San Juan County's continued compliance with the 8-hour
ozone standard through December 31, 2007. We have reviewed the
submittal and determined that it is consistent with the requirements of
the Act, EPA's policy, and EAC's protocol. Our TSD contains more
information concerning this rulemaking action.
VI. What Measures Are Included In This EAC Submittal?
The ozone concentrations in San Juan County have not exceeded the
federal 1-hour ozone standard during the past several years. While the
ozone concentrations in this EAC area have
[[Page 23077]]
not exceeded the federal 8-hour ozone standard and are not projected to
exceed the 8-hour standard in 2012, there has been an upward trend in
the 8-hour ozone levels. The NMED has submitted this revision to the
SIP as a preventive and progressive measure to avoid potential
violations of the 8-hour standard within the affected area. The
measures adopted in this EAC are as follows: (a) Reporting progress
toward set milestones, at least, once every six months, (b) building
upon EPA's national emission inventory for the area, and including
additional emissions estimates particularly from oil and gas
exploration and production activities to that inventory, (c) performing
base case and future case photochemical modeling in conformance with
EPA's guidance documents, (d) conducting additional future modeling
runs focused on growth scenarios, (e) making information and reports
available to the public via Web page http://www.nmenv.state.nm.us/ozoneetf, (f) conducting a public outreach campaign comprised of
activities such as developing public service announcements, and
creating educational materials for high school age children, and (g)
administering a Voluntary Innovative Strategies for Today's Air
Standards (VISTAS) aimed at the improvement of air quality in
northwestern New Mexico. The purpose of San Juan VISTAS is to identify,
promote, and implement cost-effective technologies and best management
practices to reduce ozone precursor emissions in northwestern New
Mexico. Oxides of nitrogen (NOX) and volatile organic
compounds (VOC) are ozone precursors. For more information on VISTAS,
see http://www.nmenv.state.nm.us/aqb/projects/SJV/index.html. On March
3, 2005, NMED announced that Burlington Resources, Inc., San Juan
Division has agreed to become the first participant in the VISTAS
program. Burlington Resources will be focusing on reducing emissions of
NOX and VOCs at well sites by implementing improved oil and
gas well venting practices, insulating well site equipment, and
optimizing operation of company's compressor fleet.
For compliance and milestone determination purposes the San Juan
EAC area has already started implementing the above measures, prior to
the December 31, 2005 EAC deadline, on an on-going basis.
VII. What Happens If San Juan County Does Not Meet The EAC Milestones?
On April 15, 2004, EPA designated the San Juan County area as
attainment for the 8-hour ozone standard. The measures outlined in this
submittal provide sufficient information to conclude that the San Juan
County EAC area will complete each compact milestone requirement,
including attainment of the 8-hour ozone standard by 2007. However, one
of the principles of the EAC protocol is to provide safeguards to
return areas to traditional SIP requirements should an area fail to
comply with the terms of the compact. If, as outlined in our guidance
and in 40 CFR 81.300, a compact milestone is missed and the San Juan
County EAC area is still in attainment of the 8-hour ozone standard, we
would take action to propose and promulgate a finding of failure to
meet the milestone, but the ozone attainment designation and the
approved SIP elements would remain in effect. If the EAC area
subsequently violates the 8-hour ozone standard and the area has missed
a compact milestone, we would also consider factors in section
107(d)(3)( A) of the Act in deciding whether to redesignate the EAC
area to nonattainment for the 8-hour ozone NAAQS.
VIII. Proposed Action
The EPA is proposing to approve the aforementioned changes to New
Mexico's SIP because the revisions are consistent with the Act and EPA
regulatory requirements. See sections IV and VI of this document for
more information.
IX. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 proposed 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). Although Executive Order
13175 does not apply to this rule, tribal officials, through their
participation in the Four Corners Ozone Task Force, have been active in
the development of this rule. 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 proposes to approve a
state rule implementing a Federal standard, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This proposed 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.
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
Clean Air Act. 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 Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 do not apply. This proposed 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.).
[[Page 23078]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Nitrogen
oxide, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 26, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-8867 Filed 5-3-05; 8:45 am]
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