97-25502. Approval and Promulgation of Air Quality Implementation Plans, New Mexico; Recodification of, and Revisions to, the Air Quality Control Regulations  

  • [Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
    [Rules and Regulations]
    [Pages 50514-50518]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-25502]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [NM-31-1-7310a; FRL-5893-6]
    
    
    Approval and Promulgation of Air Quality Implementation Plans, 
    New Mexico; Recodification of, and Revisions to, the Air Quality 
    Control Regulations
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: In this action, the EPA is approving the recodification of, 
    and revisions to, the New Mexico State Implementation Plan (SIP). The 
    existing Air Quality Control Regulations (AQCRs) have been renumbered 
    and reformatted into the New Mexico Administrative Code (NMAC) as 
    required by the New Mexico State Records Center. In addition to having 
    renumbered and reformatted the regulations, standard administrative 
    changes have been made throughout all AQCRs, and revisions made to 
    seven particular AQCRs. The intended effects of these revisions are to 
    delete obsolete, nonessential, redundant, and technically inadequate 
    regulations; make certain rules and definitions more explicit and; make 
    one particular regulation more closely reflect current New Mexico 
    Environment Department (NMED) policy.
    
    DATES: This action is effective on November 25, 1997, unless adverse or 
    critical comments are received by October 27, 1997. If the effective 
    date is delayed, a timely notice will be published in the Federal 
    Register.
    
    ADDRESSES: Written comments on this action should be addressed to Mr. 
    Thomas Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 6 
    Office listed below.
        Copies of the documents relevant to this action are available for 
    public inspection during normal business hours at the following 
    locations. Anyone wanting to examine these documents should make an 
    appointment with the appropriate office at least two working days in 
    advance.
    
    Environmental Protection Agency, Region 6, Air Planning Section (6PD-
    L), Multimedia Planning and Permitting Division, 1445 Ross Avenue, 
    Suite 700, Dallas, Texas 75202-2733.
    New Mexico Environment Department, Air Quality Bureau, 1190 St. Francis 
    Drive, room So. 2100, Santa Fe, New Mexico 87503.
    
        Documents which are incorporated by reference are available for 
    public inspection at the Air and Radiation Docket and Information 
    Center, Environmental Protection Agency, 401 M Street, SW., Washington, 
    DC 20460.
    
    FOR FURTHER INFORMATION CONTACT: Eaton R. Weiler, of the EPA Region 6 
    Air Planning Section at the above address, telephone (214) 665-2174.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On January 8, 1996, the Governor of New Mexico formally submitted a 
    recodification of, and revision to, the State Implementation Plan. On 
    July 18, 1996, the Governor formally submitted a revision to the 
    recodified regulation 20 NMAC 2.72. The January submittal 
    recodification and revisions were adopted by the New Mexico 
    Environmental Improvement Board (NMEIB) at hearings in July, September, 
    October and December 1995. The August submittal revision to 20 NMAC 
    2.72 was adopted by the NMEIB at a hearing on June 14, 1996. The 
    recodification was prompted by the New Mexico State Records Center 
    requirement that all AQCRs be recodified into the new numbering system 
    and format of the NMAC. As well as renumbering and reformatting 
    regulations, standard administrative changes have been made throughout 
    all AQCRs, and revisions made to seven particular AQCRs. The intended 
    effects of these revisions are to comply with the requirements of the 
    New Mexico State Records Center as well as to: delete obsolete, non-
    essential, redundant, and technically inadequate regulations; make 
    certain rules and definitions more explicit and; make one particular 
    regulation more closely reflect current NMED policy.
        The revisions fall into three groups as outlined below. The first 
    group consists of renumbering and format revisions consistent with the 
    NMAC requirements. The second group consists of standard administrative 
    wording changes that have been made throughout all regulations in which 
    they appear. The third group consists of other minor revisions, each of 
    which are discussed separately below.
    
    II. NMAC Format Revisions
    
        The NMAC system is divided into Titles, Chapters, Parts and 
    Sections. Title 20, Environmental Protection, includes all rules and 
    regulations providing for the protection of the environment. Chapter 
    Two of Title 20, Air Quality, contains the revised and recodified AQCRs 
    of the NMED. Chapter Two is divided into Parts, which are further 
    divided into Sections. The resulting NMAC for air quality is of the 
    format: 20 NMAC 2.xxx.yyy, where xxx is the Part number and yyy is the 
    Section number.
        The following administrative sections have been added to each Part 
    as required by the State Records Center:
    
    100  ISSUING AGENCY
    101  SCOPE
    102  STATUTORY AUTHORITY
    103  DURATION
    104  EFFECTIVE DATE
    105  OBJECTIVE
    106  AMENDMENTS AND SUPERSESSION OF PRIOR REGULATIONS
    107  DEFINITIONS
    
        Section 108, DOCUMENTS, has been added to all Parts citing 
    documents other than the NMAC, such as 40 Code of Federal Regulations 
    (CFR). Also, RESERVED has been added to all nonexistent sections 
    between subparts.
    
    III. Standard Administrative Revisions
    
        In addition, the following administrative changes have been made to 
    all rules and regulations in which they appear:
    
    1. ``division'' to ``Division''
    2. ``director'' to ``Secretary''
    
    [[Page 50515]]
    
    3. ``department'' to ``Department''
    4. ``secretary'' to ``Secretary''
    5. ``federal Clean Air Act'' to ``Federal Act''
    6. ``federal Act'' to ``Federal Act''
    7. ``Federal environmental protection agency'' to ``US EPA''
    8. ``EPA'' to ``US EPA''
    9. ``this regulation'' to ``this Part''
    10. ``section n'' to ``Section n''
    11. ``Part'' added to definitions section of all Parts
    12. ``Air Quality Control Unit of the Department'' to ``Air Pollution 
    Control Bureau of the Department''
    13. Internal references have been changed to reflect the NMAC numbering 
    system.
    14. Effective date added to all subsections.
    15. Regulations have been rewritten so as to be positive: ``no person 
    owning or operating * * * shall'', has been changed to ``the owner or 
    operator * * * shall not.''
    16. Obsolete language, outdated compliance schedules and outdated 
    effective dates have been deleted.
    
    IV. Other Revisions
    
    A. Non-Methane Hydrocarbon
    
        The non-methane hydrocarbon (NMHC) ambient air quality standard, 
    AQCR 201(C)(7), has been deleted. The rule has been found to be 
    technically inadequate, 48 FR 628. The intended effect of this 
    revocation is to eliminate unnecessary regulations pertaining to 
    ambient air quality.
        A NMHC National Ambient Air Quality Standard (NAAQS) was 
    promulgated on April 30, 1971. The standard is unique among the primary 
    NAAQS because it was expressly developed as a guide and not as a 
    health-based standard. When this standard was promulgated in 36 FR 
    8186, EPA stated that ``The sole purpose of prescribing a hydrocarbon 
    standard is to control oxidants.'' The standard was promulgated because 
    it represented EPA's best judgement at the time of the maximum level of 
    NMHCs which would ensure the attainment of the NAAQS for photochemical 
    oxidants. The EPA has since determined that there is no single, 
    universally applicable relationship between NMHCs and photochemical 
    oxidants and that NMHCs, as a class, apparently do not produce any 
    health or welfare effects at or near ambient levels. On January 5, 
    1983, the NAAQS was revoked in 48 FR 628.
        Considering that NMHCs do generate photochemical oxidants, they 
    have continued to be regulated. Precursors to photochemical oxidants 
    today are commonly called Volatile Organic Compounds (VOC). This is a 
    much broader term than NMHCs. The VOCs are regulated under the Federal 
    ozone regulations. Major sources must limit or control VOC output, 
    especially in ozone nonattainment areas. Also, automobiles located in 
    nonattainment areas undergo inspection and maintenance programs. Such 
    programs are part of the SIP to control ozone pollution. So, despite 
    the deletion of the Federal and state NMHC standards, many programs 
    exist to regulate the emissions of this type of compound to meet the 
    NAAQS for ozone.
    
    B. Beryllium, Asbestos and Heavy Metals
    
        The ambient air quality standards for beryllium, asbestos and heavy 
    metals, 20 NMAC 2.3.109(B), formerly AQCR 201(B), have been deleted. 
    These pollutants have been superseded by other state and Federal 
    regulations. The intended effect of these revocations is to eliminate 
    unnecessary and redundant regulations pertaining to ambient air 
    quality.
        1. Federal National Emission Standards for beryllium are included 
    in 40 CFR part 61, subparts C and D. Through 20 NMAC 2.78, Emission 
    Standards for Hazardous Air Pollutants, New Mexico has the authority to 
    implement and enforce Federal standards for beryllium. Subpart C is 
    general, and subpart D is specific for beryllium rocket motor firing. 
    Sources subject to subpart C are: extraction plants, ceramic plants, 
    foundries, incinerators, and propellant plants and machine shops which 
    process beryllium.
        Beryllium emission is also regulated by 20 NMAC 2.74, Prevention of 
    Significant Deterioration. Major sources which have emission rates 
    which are greater than a certain threshold or any emission rate which 
    would result in an air concentration greater than a certain threshold 
    shall apply Best Available Control Technology (BACT), provide for air 
    quality monitoring of beryllium, and perform ambient air quality impact 
    analyses.
        2. Asbestos emissions are regulated under 40 CFR part 61 subpart M, 
    National Emission Standards for Asbestos, in which strict requirements 
    are laid out for the emissions, processing and handling of asbestos for 
    many sources. Through 20 NMAC 2.78, Emission Standards for Hazardous 
    Air Pollutants, New Mexico has the authority to implement and enforce 
    Federal standards for asbestos.
        Asbestos emissions are also controlled under the state regulation 
    20 NMAC 2.74, Prevention of Significant Deterioration. Major sources 
    which have emission rates which are greater than a certain threshold 
    shall apply BACT, provide for air quality monitoring of asbestos, and 
    perform ambient air quality impact analyses.
        3. Heavy Metals. Heavy metal emissions are regulated under 
    permitting rules. The air toxics portion of 20 NMAC 2.72, Permits, 
    includes emission rate thresholds and Occupational Exposure Limit (OEL) 
    thresholds on a number of heavy metals. These metals are barium, 
    cadmium, chromium, cobalt, copper, hafnium, indium, manganese, 
    molybdenum, nickel, platinum, rhodium, silver, tantalum, tellurium, 
    thallium, tin, tungsten, uranium, vanadium, yttrium, and zirconium. If 
    emission rates are greater than the emission rate threshold, or 
    modeling shows that the eight-hour average ambient concentration of the 
    toxic air pollutant exceeds one-one hundredth of the OEL, the permit 
    application shall include a health assessment for the toxic air 
    pollutant under consideration.
        Lead and mercury are also controlled under the state regulation 20 
    NMAC 2.74, Prevention of Significant Deterioration, which establishes 
    emission rate and air quality concentration thresholds. If these 
    thresholds are exceeded, the major source shall apply BACT, provide for 
    air quality monitoring, and perform ambient air quality impact 
    analyses.
    
    C. Photochemical Oxidants
    
        The ambient air quality standard for photochemical oxidants, 20 
    NMAC 2.3.111.C, formerly AQCR 201.B, has been deleted. This deletion 
    takes into account the revision of the national standard.
        The EPA promulgated ambient air quality standards for photochemical 
    oxidants in 1971 (36 FR 8186). In accordance with the provisions of 
    sections 108 and 109 of the Clean Air Act (the Act) as amended, EPA 
    reviewed and revised the standard on February 8, 1978 (44 FR 8202). The 
    revisions include: (1) raising the primary and secondary standard from 
    0.08 to 0.12 parts per million and (2) changing the chemical 
    designation of the standard from photochemical oxidants to ozone.
        Oxidants are strongly oxidizing compounds, which are the primary 
    constituents of photochemical smog. The oxidant found in largest 
    amounts is ozone, a very reactive form of oxygen. Oxidants also include 
    the group of compounds referred to collectively as peroxyacylnitrates 
    and other compounds, all produced in much smaller quantities than 
    ozone.
    
    [[Page 50516]]
    
        Most of these materials are not emitted directly into the 
    atmosphere but result primarily from a series of chemical reactions 
    between oxidant precursors (nitrogen oxides and organic compounds) in 
    the presence of sunlight. The principal sources of organic compounds 
    are the hydrocarbon emissions from automobile and truck exhausts, 
    gasoline vapors, paint solvent evaporation, open burning, dry cleaning 
    fluids, chemical plants and other industrial operations. Nitrogen 
    oxides are emitted primarily from combustion sources such as electric 
    power generation units, gas and oil-fired space heaters, and 
    automobile, diesel and jet engines.
        The reduction in emissions of nitrogen oxides and organic compounds 
    are achieved through Federal and State programs that have been 
    formalized in regulations promulgated under the Act.
        The deletion does not interfere with any applicable requirement 
    concerning attainment and reasonable further progress, or any other 
    applicable requirement of the Act.
    
    D. Soiling Index
    
        Soiling Index of Ambient Air Quality Standards, 20 NMAC 2.3.112, 
    has been deleted. This revision takes into account the availability of 
    improved methods. The State is revising the plan consistent with the 
    applicable requirements.
    
    E. Smoke and Visible Emissions
    
        Smoke and Visible Emissions, 20 NMAC 2.61, establishes controls on 
    smoke and visible emissions for certain sources. The Part is revised by 
    the addition of Section 111(D) which provides an exclusion ``for 
    sources subject to the provisions of 20 NMAC 2.70, emissions which 
    result from insignificant activities as defined 20 NMAC 2.70.'' The 
    proposed change intends to allow sources covered by Part 70 to use the 
    definition of insignificant activities in Part 70 to determine 
    compliance. This addition will not interfere with any applicable 
    requirement concerning attainment and reasonable further progress or 
    any other applicable requirements of the Act.
    
    F. Schedules of Compliance
    
        Schedules of Compliance, AQCR 705, has been repealed. Regulation 
    705 was incorporated into the SIP, and codified at 40 CFR 
    52.1620(c)(9). The regulation created provisions for sources to come 
    into compliance with subsequent State or Federal air control laws under 
    extended schedules. Since most current statutes have their own 
    compliance schedules, this would only be used in cases where a source 
    required a variance to come into compliance. Repeal of this provision 
    would oblige sources seeking a schedule of compliance to adhere to 40 
    CFR 51.262. This revision does not weaken the New Mexico SIP in any 
    discernable way.
    
    G. Air Quality Maintenance Areas
    
        Air Quality Maintenance Areas, AQCR 706, has been repealed. 
    Regulation 706 is the state implementation of 40 CFR 51.40 subpart D, 
    which was repealed in the regulatory reform action taken by the EPA. 
    The regulation 40 CFR 51.40 was determined to have become legally 
    obsolete upon passage of the 1990 Act Amendments. Similarly, Regulation 
    706, implementing a Federal requirement, is obsolete.
    
    H. Confidential Information Protection
    
        Confidential Information Protection, 20 NMAC 1.115, (formerly AQCR 
    110) has been rewritten to more closely reflect NMED policy and the New 
    Mexico Air Quality Control Act. The revision is consistent with the 
    requirements applicable to implementation plans under 40 CFR 51.116, 
    Data Availability.
        Section 115 lays out procedures for handling requests for 
    confidentiality and the conditions which must be satisfied to keep 
    information concerning air contaminant sources confidential.
        Concerning availability of data, Section 115 paragraph (B) states 
    that Section 115 shall not be construed to prohibit disclosure of 
    records and information: to representatives of the NMED, to 
    representatives of the EPA, in any proceeding under the Air Quality 
    Control Act or the Act, of data concerning nature and amount of 
    emissions from any source, or limit the use of such records or 
    information in any civil or criminal action.
        Furthermore, 20 NMAC 72, Permits, Section 210 states that the NMED 
    shall make available for public inspection the permit application and 
    the NMED's preliminary determination.
    
    I. Procedures for Requesting a Variance Hearing
    
        Procedures for Requesting a Variance Hearing, AQCR 701, paragraph 
    (C), has been rewritten and paragraphs (D) through (I) have been 
    deleted. This revision is consistent with the requirements applicable 
    to implementation plans under 40 CFR part 51. Paragraph (C) now states 
    that any further action and proceeding shall be in accordance with 
    general adjudicatory procedures of the Environmental Improvement Board. 
    All other language that has been deleted concerns actions and hearings 
    of the EIB. Since the Board hears and grants variances and it has 
    standard adjudicatory procedures for hearings, paragraphs (D) through 
    (I) of AQCR 701 are nonessential and redundant.
    
    J. Construction Permits
    
        The 20 NMAC 2.72.103 has been revised to provide a stay of 
    enforcement on the asphalt fumes portion of the air toxics list until 
    September 1, 1997. The air toxics list is part of Subpart IV, Permits 
    for Toxic Air Pollutant Emissions, which is not a part the New Mexico 
    SIP. The actual revision wording, however, occurs in Section 103, 
    Duration, which is part of the SIP.
    
    V. Final Action
    
        By this action, the EPA is approving the recodification and 
    revisions of the New Mexico SIP. The existing AQCRs have been 
    renumbered and reformatted into the NMAC as required by the New Mexico 
    State Records Center. As well as renumbering and reformatting 
    regulations, standard administrative changes have been made throughout 
    all AQCRs, and revisions made to seven particular AQCRs. The following 
    table lists the submitted SIP AQCRs and the corresponding NMAC part 
    number.
        The EPA has reviewed these recodification and revisions to the New 
    Mexico SIP and is approving them as submitted.
    
    ------------------------------------------------------------------------
                                     NMAC                                   
               AQCR No.              part              NMAC title           
                                     No.                                    
    ------------------------------------------------------------------------
    100..........................        2  Definitions.                    
    110 *........................        1  General Provisions.             
    200..........................        3  Ambient Air Quality Standards.  
    201 *........................        3  Ambient Air Quality Standards.  
    301..........................       60  Open Burning.                   
    401 *........................       61  Smoke and Visibility Emissions. 
    402..........................       10  Contingency-Use Woodwaste       
                                             Burners.                       
    501..........................       11  Asphalt Processing Equipment.   
    502..........................       12  Cement Kilns.                   
    503..........................       13  Gypsum Processing Plants.       
    504..........................       14  Particulate Emissions From Coal 
                                             Burning.                       
    505..........................       15  Pumice Mica and Perlite Process 
                                             Equipment.                     
    506..........................       16  Nonferrous Smelters--Particulate
                                             Matter.                        
    506.1........................       17  Existing Nonferrous Smelters--  
                                             Particulate Matter--Additional 
                                             Requirements.                  
    507..........................       18  Oil Burning Equipment--         
                                             Particulate Matter.            
    
    [[Page 50517]]
    
                                                                            
    508..........................       19  Potash, Salt or Sodium Sulfate  
                                             Processing Equipment--         
                                             Particulate Matter.            
    509..........................       20  Lime Manufacturing Plants--     
                                             Particulate Matter.            
    510..........................       21  Fugitive Particulate Matter     
                                             Emissions From Nonferrous      
                                             Smelters.                      
    511..........................       22  Fugitive Particulate Matter     
                                             Emissions From the Roads Within
                                             the Town of Hurley.            
    601..........................       30  Kraft Mills.                    
    602..........................       31  Coal Burning Equipment--Sulfur  
                                             Dioxide.                       
    603..........................       32  Coal Burning Equipment--Nitrogen
                                             Dioxide.                       
    604..........................       33  Gas Burning Equipment--Nitrogen 
                                             Dioxide.                       
    606..........................       34  Oil Burning Equipment--Nitrogen 
                                             Dioxide.                       
    651..........................       40  Sulfuric Acid Production Units--
                                             Sulfur Dioxide, Acid Mist and  
                                             Visible Emissions.             
    652..........................       41  Nonferrous Smelters--Sulfur.    
    700..........................       75  Permit Fees.                    
    701 *........................        1  General Provisions.             
    702 *........................       72  Permits.                        
    Part I.......................  .......  Subpart I--General Provisions.  
    Part II......................  .......  Subpart II--Permit Processing   
                                             and Requirements.              
    Part IV......................  .......  Subpart III--Source Class Permit
                                             Steamlining.                   
    703.1........................       73  Notice Of Intent and Emissions  
                                             Inventory Requirements.        
    704..........................        5  Source Surveillance.            
    705 *........................        5  (Repealed).                     
    706 *........................        5  (Repealed).                     
    709..........................       79  Permits--Nonattainment Areas.   
    710..........................       80  Stack Heights.                  
    801..........................        7  Excess Emissions During         
                                             Malfunction, Startup, or       
                                             Scheduled Maintenance.         
    901..........................        8  To Control Emissions Leaving New
                                             Mexico.                        
    1001.........................        1  General Provisions.             
    1101.........................        1  General Provisions.             
    1201.........................        1  General Provisions.             
    1301.........................        1  General Provisions.             
    ------------------------------------------------------------------------
    * Indicates the revised AQCRs.                                          
    
        The EPA is publishing this action without prior proposal because 
    the Agency views this as a noncontroversial amendment and anticipates 
    no adverse comments. However, in a separate document in this Federal 
    Register publication, EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective on November 25, 1997 unless, by October 27, 1997 adverse or 
    critical comments are received.
        If EPA receives such comments, this action will be withdrawn before 
    the effective date by publishing a subsequent action that will withdraw 
    the final action. All public comments received will be addressed in a 
    subsequent final rule based the proposed rule for this action published 
    elsewhere in this Federal Register. The EPA will not institute a second 
    comment period on this action. Any parties interested in commenting on 
    this action should do so at this time. If no such comments are 
    received, the public is advised that this action will be effective 
    November 25, 1997.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any SIP. Each request for revision to the SIP shall be 
    considered separately in light of specific technical, economic, and 
    environmental factors and in relation to relevant statutory and 
    regulatory requirements.
    
    VI. Administrative Requirements
    
    A. Executive Order (E.O.) 12866
    
        The Office of Management and Budget has exempted this regulatory 
    action from E.O. 12866 review.
    
    B. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    must prepare a regulatory flexibility analysis assessing the impact of 
    any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
    Alternatively, 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.
        The SIP approvals under section 110 and subchapter I, part D of the 
    Act do not create any new requirements but simply approve requirements 
    that the State is already imposing. Therefore, because the Federal SIP 
    approval does not impose any new requirements, I certify that it does 
    not have a significant impact on any small entities affected. Moreover, 
    due to the nature of the Federal-State relationship under the Act, 
    preparation of a flexibility analysis would constitute Federal inquiry 
    into the economic reasonableness of State action. The Act forbids EPA 
    to base its actions concerning SIPs on such grounds. See Union Electric 
    Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    
    C. Unfunded Mandates
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995, 
    signed into law on March 22, 1995, EPA must prepare a budgetary impact 
    statement to accompany any proposed or final rule that includes a 
    Federal mandate that may result in estimated costs to State, local, or 
    tribal governments in the aggregate; or to private sector, of $100 
    million or more. Under section 205, EPA must select the most cost-
    effective and least burdensome alternative that achieves the objectives 
    of the rule and is consistent with statutory requirements. Section 203 
    requires EPA to establish a plan for informing and advising any small 
    governments that may be significantly or uniquely impacted by the rule.
        The EPA has determined that the approval action promulgated does 
    not include a Federal mandate that may result in estimated costs of 
    $100 million or more to either State, local, or tribal governments in 
    the aggregate, or to the private sector. This Federal action approves 
    preexisting requirements under State or local law, and imposes no new 
    requirements. Accordingly, no additional costs to State, local, or 
    tribal governments, or to the private sector, result from this action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives and the Comptroller General of the 
    General Accounting Office prior to publication of this rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    E. Petitions for Judicial Review
    
        Under section 307(b)(1) of the Act, petitions for judicial review 
    of this action must be filed in the United States Court of Appeals for 
    the appropriate circuit by November 25, 1997. 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
    
    [[Page 50518]]
    
    enforce its requirements. See section 307(b)(2).
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
    Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
    recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
    
        Dated: September 8, 1997.
    Lynda F. Carroll,
    Acting Regional Administrator.
    
        Part 52, chapter I, title 40 of the Code of Federal Regulations is 
    amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation of part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
    Subpart GG--New Mexico
    
        2. Section 52.1620 is amended by adding paragraph (c)(66) to read 
    as follows:
    
    
    Sec. 52.1620  Identification of plan.
    
    * * * * *
        (c) * * *
        (66) Recodified and revised regulations of the New Mexico 
    Administrative Code submitted by the Governor on January 8, and July 
    18, 1996.
        (i) Incorporation by reference.
        (A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 
    and 2, adopted by the New Mexico Environmental Improvement Board 
    September 22, 1995, and filed with the State Records and Archives 
    Center on September 27, 1995.
        (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 
    5, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 
    32, 33, 34, 40, 41, 60, 61, 70, 71, 72 (Subparts I, II and, III; 
    Subpart V, Sections 501 and 502), 73, 75, 79, and 80; adopted by the 
    New Mexico Environmental Improvement Board on October 20, 1995, and 
    filed with the State Records and Archives Center on October 30, 1995.
        (C) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
    Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of 
    Part 3, Section 112, adopted by the New Mexico Environmental 
    Improvement Board December 8, 1995, and filed with the State Records 
    and Archives Center on December 11, 1995.
        (D) New Mexico State Records Center transmittals repealing Air 
    Quality Control Regulations 705 and 706; adopted by the New Mexico 
    Environmental Improvement Board December 8, 1995; and filed with the 
    State Records and Archives Center on December 11, 1995.
        (E) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
    Part 72, Section 103; adopted by the New Mexico Environmental 
    Improvement Board on June, 18, 1996, and filed with the State Records 
    and Archives Center on June 19, 1996.
        (ii) Additional material. None.
    
    [FR Doc. 97-25502 Filed 9-25-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
11/25/1997
Published:
09/26/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-25502
Dates:
This action is effective on November 25, 1997, unless adverse or critical comments are received by October 27, 1997. If the effective date is delayed, a timely notice will be published in the Federal Register.
Pages:
50514-50518 (5 pages)
Docket Numbers:
NM-31-1-7310a, FRL-5893-6
PDF File:
97-25502.pdf
CFR: (1)
40 CFR 52.1620