Designation of Area for Air Quality Planning Purposes; New Mexico; Designation of Sunland Park Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[NM-25-1-6980; FRL-5218-1]

Designation of Area for Air Quality Planning Purposes; New

Mexico; Designation of Sunland Park Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act (CAA), the

EPA is taking final action to redesignate a portion of Dona Ana County,

New Mexico (i.e. the Sunland Park area) from unclassifiable/attainment

to nonattainment for the ozone National Ambient Air Quality Standards

(NAAQS). The redesignation is based upon violations of the ozone NAAQS

which were monitored from 1992-1994.

EFFECTIVE DATE: July 12, 1995.

ADDRESSES: 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

The CAA 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) of the CAA, 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). Following receipt of

the Governor's letter, the EPA proceeded to propose the nonattainment

designation for the Sunland Park area (see 60 Federal Register (FR)

17756-17758, April 7, 1995). The EPA now is taking final action on the

proposed nonattainment redesignation. Based upon the EPA's review of

the State's January 30, 1995, letter for the Sunland Park area, the EPA

is finalizing a redesignation to nonattainment which is consistent with

the request submitted by the Governor of New Mexico.

Section 107(d)(1)(A) of the CAA sets out definitions of

nonattainment, attainment, and unclassifiable. 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 [[Page 30790]] CAA) 1.

Thus, in determining the appropriate boundaries for the nonattainment

area finalized 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.

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Response to Public Comments

In the April 7, 1995, proposal FR action, the EPA requested public

comments on all aspects of the proposal, including the appropriateness

of the proposed designation and the scope of the proposed boundaries.

The EPA received no comments on the proposal FR action.

Final 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 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 is 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 will be three years from the effective date of

this 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 technical

information supporting the redesignation request and the boundary

selections are available for public review at the addresses indicated

above.

Significance of Final Action for the Sunland Park Area, New Mexico

Within 24 months after the effective date of this final action on

the nonattainment redesignation, New Mexico must submit an

implementation plan for the Sunland Park ozone nonattainment area

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

effective date of this final 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).

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

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.

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by August 11, 1995. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements (see section 307(b)(2)). [[Page 30791]]

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

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Dated: May 25, 1995.

Jane N. Saginaw,

Regional Administrator.

40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.332 the ozone table is amended by revising the entry

``AQCR 153 El Paso-Las Cruces-Alamogordo'' to read as follows:

Sec. 81.332 New Mexico.

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New Mexico--Ozone

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Designation Classification

Designated area ------------------------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

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AQCR 153 El Paso-Las ..................... ..................... ..................... ....................

Cruces-Alamogordo.

Dona Ana County July 12, 1995........ Nonattainment........ July 12, 1995........ Nonattainment.

(part)--The 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.

Remainder of Dona Ana ..................... Unclassifiable/ ..................... ....................

County. Attainment.

Lincoln County....... ..................... Unclassifiable/ ..................... ....................

Attainment.

Otero County......... ..................... Unclassifiable/ ..................... ....................

Attainment.

Sierra County........ ..................... Unclassifiable/ ..................... ....................

Attainment.

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\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 95-14339 Filed 6-9-95; 8:45 am]

BILLING CODE 6560-50-P