[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Proposed Rules]
[Pages 17756-17758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8603]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[NM-25-1-6908; FRL-5185-5]
Designation of Area for Air Quality Planning Purposes; New
Mexico; Designation of Sunland Park Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Clean Air Act (CAA), as amended in 1990, the
EPA is authorized to promulgate new designations of areas (or portions
thereof) as nonattainment for the ozone National Ambient Air Quality
Standards (NAAQS). In this action, the EPA is proposing to revise the
ozone designation for a portion of Dona Ana County, New Mexico (i.e.
the Sunland Park area). Previously, consistent with the CAA, the EPA
notified the Governor of New Mexico that the Sunland Park area should
be redesignated from unclassifiable/attainment to nonattainment for
ozone. The redesignation is based upon violations of the ozone NAAQS
which were monitored from 1992-1994.
DATES: All written comments must be received by May 8, 1995.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office
listed below. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
addresses listed below. The interested persons wanting to examine these
documents should make an appointment at least twenty-four hours before
the visiting day.
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
New Mexico Environment Department, Air Monitoring & Control Strategy
Bureau, 1190 St. Francis Drive, room So. 2100, Santa Fe, New Mexico
87503.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather, Planning Section (6T-
AP), Air Programs Branch (6T-A), USEPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, telephone (214) 665-7258.
SUPPLEMENTARY INFORMATION:
Background
By operation of law upon enactment of the 1990 amendments to the
CAA (Public Law 101-549, 104 Statute 2399), all areas of the country
were designated either nonattainment or unclassifiable/attainment for
the ozone NAAQS [see section 107(d)(4)(A) of the CAA; 56 FR 56694-56858
(November 6, 1991), 57 FR 56762-56778 (November 30, 1992), and 59 FR
18967-18971 (April 21, 1994)]. The amended CAA also authorizes the EPA
to revise the designation of current ozone areas from unclassifiable/
attainment to nonattainment on the basis of air quality data, planning
and control considerations, or any other air quality-related
considerations the EPA deems appropriate [see section 107(d)(3) of the
CAA].
Following the process outlined in section 107(d)(3), on December
16, 1994, the Regional Administrator of the EPA Region 6 notified the
Governor of New Mexico that the EPA believed the Sunland Park area
should be redesignated as nonattainment for ozone. Under section
107(d)(3)(B) of the CAA, the Governor of New Mexico was required to
submit to the EPA the designation considered appropriate for the
Sunland Park area within 120 days after the EPA's notification. The EPA
received the State's response for the Sunland Park area on February 6,
1995 (letter dated January 30, 1995). Now, the EPA must promulgate the
redesignation that it deems necessary and appropriate, consistent with
section 107(d)(3)(C) of the CAA.
Based upon the EPA's review of the State's January 30, 1995, letter
for the Sunland Park area, the EPA is proposing a redesignation to
nonattainment which is consistent with the request submitted by the
Governor of New Mexico. The EPA is requesting comments on this action
and will consider any relevant comments before taking final action.
Section 107(d)(1)(A) of the CAA sets out definitions of
nonattainment, attainment, and unclassifiable. The EPA has proposed
that the Sunland Park area in Dona Ana County, New Mexico, addressed in
this action, be redesignated nonattainment for the ozone NAAQS. A
nonattainment area is defined as any area that does not meet (or that
significantly contributes to ambient air quality in a nearby area that
does not meet) the national primary or secondary ambient air quality
standard for ozone [see section 107(d)(1)(A)(i) of the CAA].1
Thus, in determining the appropriate boundaries for the nonattainment
area proposed in this action, the EPA has considered not only the area
where the violations of the ozone NAAQS are occurring, but nearby areas
which significantly contribute to such violations.
\1\The EPA has construed the definition of nonattainment area to
require some material or significant contribution to a violation in
a nearby area. The Agency believes it is reasonable to conclude that
something greater than a molecular impact is required.
Proposed Action
As noted above, pursuant to section 107(d)(3) of the CAA, the EPA
is authorized to initiate the redesignation of areas as nonattainment
for ozone. Based on the ozone air quality monitoring data for the
Sunland Park monitoring station, the EPA notified the Governor of New
Mexico on December 16, 1994, that the Sunland Park area should be
redesignated from unclassifiable/attainment to nonattainment for the
ozone NAAQS. Ozone monitoring began in Sunland Park on June 15, 1992.
Seven measured [[Page 17757]] exceedances of the ozone NAAQS have been
recorded at the monitoring site, ranging from a low of .126 parts per
million (ppm) to a high of .140 ppm. The seven exceedances represent a
violation of the ozone NAAQS [see 40 Code of Federal Regulations (CFR)
50.9]. Since less than three years of data have been collected at the
Sunland Park monitoring site, the EPA design value (used to determine
ozone attainment status) for the site is the third highest ozone value
recorded--.136 ppm. Therefore, the Sunland Park ozone nonattainment
area would be classified as a marginal ozone nonattainment area
according to the classification scheme set forth in section 181 of the
CAA. Due to the marginal classification, the attainment date for the
Sunland Park ozone nonattainment area would be three years from the
effective date of the Federal Register final action establishing the
nonattainment designation and classification.
In response to the EPA's December 16, 1994, letter, on January 30,
1995, the Governor of New Mexico concurred with the EPA that a small
area of southern Dona Ana County, including Sunland Park, be
redesignated as nonattainment for the ozone NAAQS. However, the
Governor did not concur with the proposed nonattainment boundaries in
one respect, proposing an alternate western boundary for the
nonattainment area. Based on the information provided by the Governor,
including monitoring data, the EPA believes that the nonattainment
boundaries submitted by the Governor are appropriate. The table below
indicates how the EPA is proposing to revise the ozone designation for
a portion of Dona Ana County, New Mexico in 40 CFR 81.332 from
unclassifiable/attainment to nonattainment.
New Mexico--Ozone
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Designation Classification
Designated area --------------------------------------------------------------------------------
Date Type Date Type
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Dona Ana County (part)--The Proposing......... Nonattainment........... Proposing......... Marginal.
area bounded by the New Mexico-
Texas State line on the east,
the New Mexico-Mexico
international line on the
south, the Range 3E-Range 2E
line on the west, and the
N3200 latitude line on the
north.
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The technical information supporting the redesignation request and
the boundary selections are available for public review at the address
indicated above.
Significance of Proposed Action for the Sunland Park Area, New Mexico
If the Sunland Park area of southern Dona Ana County, New Mexico,
is redesignated nonattainment, such area will be classified as a
marginal ozone nonattainment area at the time of the designation (see
section 181(b)(1) of the CAA). Within 24 months after the effective
date of the final action on this proposal of the nonattainment
redesignation, New Mexico must submit an implementation plan meeting
the requirements of part D, title I of the CAA (see section 182(a) of
the CAA).
The CAA provides that the plan for the area must contain, among
other things, the following items:
1. A comprehensive, accurate, current inventory of actual emissions
from all sources, as described in section 172(c)(3) of the CAA, in
accordance with guidance provided by the EPA. The pollutants
inventoried must include volatile organic compounds (VOC), nitrogen
oxides (NOx) and carbon monoxide. No later than the end of each
three year period after submission of the initial inventory, until the
area is redesignated to attainment, the State must submit a revised
inventory meeting all EPA requirements (see section 182(a)(1) of the
CAA).
2. Requirements that the owner or operator of each stationary
source of NOx or VOC provide the State with a statement, in such
form as the EPA may prescribe, for classes or categories of sources,
showing the actual emissions of NOx and VOC from that source. The
first such statement must be submitted to the State within three years
after the date of publication of the action establishing the
nonattainment designation. Subsequent statements shall be submitted at
least every year thereafter. The statement shall contain a
certification that the information contained in the statement is
accurate to the best knowledge of the individual certifying the
statement. The State may waive the emission statement requirement for
any class or category of stationary sources which emits less than 25
tons per year of VOC or NOx, if the State, in its initial and
periodic emission inventories, provides an inventory of emissions from
such class or category of sources, based on the use of the emission
factors established by the EPA, or other methods acceptable to the EPA
(see section 182(a)(3)(B) of the CAA).
3. A revised nonattainment new source review permitting program
meeting the requirements of sections 172(c)(5) and 173 of the CAA,
including the requirement that the ratio of total emission reductions
of VOC to total increased emissions of such air pollutant shall be at
least 1.1 to 1 (see section 182(a)(4) of the CAA).
4. Revised conformity rules (Regulations 20 NMAC 2.98 and 20 NMAC
2.99) if necessary (see sections 176 and 182 of the CAA).
Request for Public Comments
The EPA is, by this action, proposing that the ozone designation
for a portion of Dona Ana County, New Mexico, be revised. The EPA is
requesting public comments on all aspects of this proposal including
the appropriateness of the proposed designation and the scope of the
proposed boundaries. Public comments must be submitted to the EPA at
the address identified in ADDRESSES by May 8, 1995.
Miscellaneous
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Redesignation of an area to nonattainment under section 107(d)(3)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the planning status of a
geographical area and does not, in itself, impose any regulatory
requirements on sources. To the extent that the area must adopt new
regulations, based on its nonattainment status, the EPA will review, as
[[Page 17758]] appropriate, the effect of those actions on small
entities at the time the State submits those regulations. I certify
that approval of the redesignation request will not affect a
substantial number of small entities.
Executive Order
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
List of Subjects in 40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7407, 7501-7515, 7601.
Dated: March 30, 1995.
Jane N. Saginaw,
Regional Administrator.
[FR Doc. 95-8603 Filed 4-6-95; 8:45 am]
BILLING CODE 6560-50-P
