2010-10233. Approval and Promulgation of Implementation Plans; New Mexico; Interstate Transport of Pollution

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Withdrawal of direct final rule.

SUMMARY:

On April 8, 2010 (75 FR 17868), EPA published a direct final rule approving New Mexico State Implementation Plan (SIP) revisions that addressed one element of the “good neighbor” provisions of the Clean Air Act (CAA) for the 1997 ozone standards and the 1997 PM_2.5 standards. The direct final action was published without prior proposal because EPA anticipated no adverse comments. EPA stated in the direct final rule that if EPA received adverse comments by May 10, 2010, EPA would publish a timely withdrawal in the Federal Register. EPA subsequently received timely adverse comments on the direct final rule. Therefore, EPA is withdrawing the direct final approval. EPA will address the comments in a subsequent final action based on the parallel proposal also published on April 8, 2010 (75 FR 17894). As stated in the parallel proposal, EPA will not institute a second comment period on this action.

DATES:

The direct final rule published on April 8, 2010 (75 FR 17868), is withdrawn as of May 3, 2010.

FOR FURTHER INFORMATION CONTACT:

Emad Shahin, Air Planning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone [phone]; fax number 214-665-7263; e-mail address [e-mail].

List of Subjects in 40 CFR Part 52

• Environmental protection
• Air pollution control
• Incorporation by reference
• Intergovernmental relations
• Ozone
• Particulate matter
• Reporting and recordkeeping requirements
• Volatile organic compounds

Dated: April 24, 2010.

Al Armendariz,

Regional Administrator, Region 6.

Accordingly, the amendments to 40 CFR 52.1620 published in the Federal Register on April 8, 2010 (75 FR 17868), which were to become effective on June 7, 2010, are withdrawn.