Comment submitted by Brad Musick, Air Quality Bureau, New Mexico Environment Department

Please consider the following correction to 40 CFR §98.46 [Subpart D-Electricity Generation; Data reporting requirements]: Replace cross-reference to §98.36(b) with §98.36(d). §98.36(b) references the Subpart C data reporting requirement for "units that use the four tiers", whereas §98.36(d) references the Subpart C data reporting requirements for "units subject to 40 CFR part 75." Since Subpart D applies to electricity generating units that are subject to the requirements of the Acid Rain Program or are required to report CO2 emissions according to 40 CFR part 75, it would appear that the appropriate reporting requirements would be §98.36(d) because it pertains to such units. Brad Musick Air Quality Bureau New Mexico Environment Department 1301 Siler Rd., Bldg. B, Santa Fe, NM 87507 (505) 476-4321