Approval of Revision to State Implementation Plan; New Mexico; Dona Ana County State Implementation Plan for Ozone; Emission Inventory; Permits; Approval of Waiver of Nitrogen Oxides Control Requirements; Volatile Organic Compounds, Nitrogen Oxides, Ozone

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 8, 2002 (Volume 67, Number 27)]
[Rules and Regulations]
[Page 6147-6152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe02-25]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NM-36-1-7372a; FRL-7140-4]

Approval of Revision to State Implementation Plan; New Mexico;
Dona Ana County State Implementation Plan for Ozone; Emission
Inventory; Permits; Approval of Waiver of Nitrogen Oxides Control
Requirements; Volatile Organic Compounds, Nitrogen Oxides, Ozone

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is providing direct final approval of the New Mexico
State Implementation Plan (SIP) for the Dona Ana County ozone
nonattainment area. The area was designated nonattainment for ozone and
classified as ``marginal'' in 1995. New Mexico submitted its SIP for
the Dona Ana County area in 1997, requesting approval of the SIP, and
requesting approval of a waiver of nitrogen oxides (NO_X)
requirements contained in section 182(f) of the Clean Air Act, as
amended in 1990 (the Act). With this action the EPA is providing direct
final approval of the Dona Ana County nonattainment area SIP and waiver
of NO_X requirements. The waiver for NO_X
requirements is granted because the area has attained the one-hour
ozone standard without them, within the deadline prescribed by the Act.

DATES: This direct final rule will become effective on April 9, 2002
without further notice unless the EPA receives adverse comments by
March 11, 2002. Should the EPA receive such comments, it will publish a
timely document in the Federal Register withdrawing this rule and
informing the public that this rule will not take effect.

ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Copies of 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), 1445 Ross Avenue, Dallas, Texas 75202-2733.
New Mexico Environment Depart, Air Quality Bureau, 1190 St. Francis
Drive, Santa Fe, New Mexico 87502.

FOR FURTHER INFORMATION CONTACT: Mr. Matthew Witosky, Air Planning
Section (6PD-L), Multimedia Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214)
665-7214, electronic mail WITOSKY.MATTHEW@EPA.GOV

SUPPLEMENTARY INFORMATION:

I. Background

Throughout this document, the EPA uses the word ``we,'' ``us,''
or ``our,'' to mean the EPA. The information in this section is
organized as follows.
1. What action is the EPA taking today?
2. Why is this necessary?
3. What part of New Mexico is affected?
4. What part of the SIP is being approved?
a. Emission inventory (EI).
b. Emission Certification Statement in Emission Reports.
c. NSR permit program for the construction and operation of new
and modified major stationary sources of VOC (section 172(c)(5) of
the Act)
5. Does the SIP submitted contain a motor vehicle emissions
budget for on-road emissions of volatile organic compounds (VOC's)
for transportation conformity purposes?
6. What is a waiver of NO_X control requirements?
7. Why is the Dona Ana County area being granted a
NO_X waiver?
8. How long is the waiver of NO_X requirements valid?
9. What process did the State use to approve the SIP and the
NO_X waiver?
10. Did EPA make an exception for Dona Ana County under section
179B(a) of the Act, because the area borders Mexico?

II. Final Action

III. Administrative Requirements

I. Background

1. What Action is the EPA Taking Today?

EPA is approving a revision to the New Mexico SIP, for the Dona Ana
County (marginal) ozone nonattainment area. A portion of Dona Ana
County was designated nonattainment for the National Ambient Air
Quality Standards (NAAQS) for ozone (see 40 CFR 81.332). The SIP
contains four elements that were adopted by the State to meet the
requirements of the Act. EPA is approving three of these elements in
this action. The fourth element, revisions to the transportation
conformity rule, (see 65 FR 14873) was approved March 20, 2000. By
approving these final three elements, the EPA is approving the Dona Ana
County SIP. With final approval of this action, the State has met all
the requirements that apply to Dona Ana county under the one-hour ozone
standard. The EPA is also approving a waiver of NO_X control
requirements established under section 182(f); the authority for EPA to
waive these requirements is likewise under section 182(f).

2. Why is This Necessary?

The EPA designated the area as nonattainment, and classified it as
``marginal'' due to violations of the ozone standard during 1993, 1994,
and 1995 (see 60 FR 30789, June 12, 1995). That action imposed certain
requirements under the Act to reduce pollution in order to bring the
area back into attainment of the ozone standard. New Mexico has adopted
the appropriate regulations, submitted them to EPA for review and
approval, and implemented them. Under the Act, the EPA must approve
these regulations and other actions into the existing federally-
approved State Implementation Plan (SIP), to make them federally
enforceable.

3. What part of New Mexico is Affected?

The Dona Ana County nonattainment area encompasses the community of
Sunland Park, and several smaller communities adjacent to El Paso,
Texas, and Ciudad Juarez, Mexico. (See 40 CFR 81.332)

4. What Part of the SIP is Being Approved?

The Dona Ana County SIP constitutes a revision to New Mexico's
overall SIP, adopted prior to the 1990 Amendments to the Act. The Dona
Ana County SIP is made up of four components, three of which the EPA
will approve in this action.
a. Emission inventory (EI),
b. Emission Certification Statement,
c. Revisions to new source review (NSR), The fourth component,
Revisions to the transportation conformity rule, was approved in a
previous action (see 65 FR 14873, March 20, 2000).
a. Emission Inventory (EI)
New Mexico completed a comprehensive, accurate, and current
inventory of actual emissions from all sources of relevant pollutants
in the nonattainment area. The State used 1995 as the base year for the
inventory, using a three-month ozone season of August through October,
1995. Stationary point sources, area sources, on-road mobile sources,
non-road mobile sources, and biogenic sources of ozone precursors,
VOC's and NO_X were included in the inventory. The New Mexico
Environment Department (NMED) included stationary sources with
emissions greater than 100 tons per year (tpy) within a 25-mile range
of the nonattainment area.
For a listing of the ozone peak season daily emissions estimates by
source

[[Page 6149]]

category, please see the docket file for this rulemaking action.
EPA reviewed the emissions inventory submitted by the State, and
the methodology used to generate it. EPA verified that the State
followed EPA's emission inventory guidance in developing the inventory.
Please see the docket file for more information on the inventory.
For calendar year 1998 and for each three-year period thereafter
(until the area is redesignated to attainment), NMED will be required
to submit to EPA a revised inventory meeting the requirements of
sections 182(a)(1) and 182(a)(3) of the CAA.
b. Emission Certification Statement in Emission Reports
Section 182(a) of the Act requires that States insert an emission
certification requirement into their regulations. That means the owner
or operator of each stationary source of NO_X or VOC must
provide the State with a written report tallying the actual emissions
of NO_X and VOC from that source. The first such reports had
to be submitted to the State within three years after the effective
date of the final action establishing the nonattainment designation,
July 12, 1998.
Subsequent reports must be submitted at least every year
thereafter. All reports must contain a certification that the
information submitted is accurate to the best knowledge of the
individual certifying the statement.
New Mexico revised 20 NMAC, chapter 2, part 73, to meet these
requirements. Subpart III, sections 300 to 304, contain the detailed
reporting requirements for sources affected by the regulation. These
sections will be incorporated by reference into the approved SIP. See
the docket file for the actual text of the regulation.
c. NSR Permit Program for the Construction and Operation of New and
Modified Major Stationary Sources of VOC (section 172(c)(5) of the Act)
Prior to designation as nonattainment, New Mexico operated an air
permit program in Dona Ana County, under New Mexico Air Code (NMAC)
part 72--Construction Permits and part 74--Prevention of Significant
Deterioration (see generally the Act, sections 110(a) (2)(c) and
sections 160-169). After designation to nonattainment, new major
sources and major modifications of VOC sources in the nonattainment
area of Dona Ana County were required \1\ to be permitted under part
79--Permits-Nonattainment areas, under revised 20 NMAC, chapter 2, part
79, section 112.C.1, to meet the marginal nonattainment offset
requirements of section 182 (a)(4). Section 112.C.1 sets the ratio of
offsets required of new or modified sources in such areas. Subsequent
sections outline the procedure for calculating the baseline from which
offsets will be obtained, how to calculate actual offset emissions, and
how to bank them. Section 112.C.1 will be incorporated by reference
into the approved SIP. See the docket file for the actual text of the
regulation.
---------------------------------------------------------------------------

\1\ See generally 172(c)(5) and 173(c). New major sources and
major modifications which increase emissions of pollutants other
than VOC continue to be subject to the permitting requirements under
part 74. New and modified sources which are not major under part 74
and part 79 continue to be subject to the permitting requirements
under part 72.
---------------------------------------------------------------------------

5. Does the SIP Submitted Contain a Motor Vehicle Emissions Budget for
On-Road Emissions of Volatile Organic Compounds (VOC's) for
Transportation Conformity Purposes?

The SIP submitted by the State does not contain an MVEB. Although
the area is subject to the transportation conformity requirements, as
are all nonattainment and maintenance areas, the State has directed the
planning agency responsible for transportation planning in Sunland Park
to perform all necessary conformity analyses using the build/no-build
test (see 40 CFR 93.119). The El Paso Metropolitan Planning
Organization is the agency that currently performs this analysis for
the Sunland Park area. The build/no-build test is an acceptable method
to meet the transportation conformity requirements under 40 CFR
93.109(c)(4)(i).

6. What is a waiver of NO_X Control Requirements?

Under the Act, marginal and certain other ozone nonattainment areas
are required to control NO_X emissions, as well as VOC
emissions, the two main precursors for ozone. However, some areas can
forego the additional control of NO_X, and still attain the
standard. Still other areas have shown that NO_X reductions
in their areas do not reduce ozone concentrations. For these areas, the
EPA is allowed to waive the control requirements on NO_X by
rulemaking action. This is called a NO_X waiver rule (See
generally 182(f) and the NO_X preamble, 57 FR 55620, November
25, 1992).

7. Why is Dona Ana County Being Granted a NO_X Waiver?

The State requested a NO_X waiver when they submitted
their SIP in 1997. The area is being given a NO_X waiver
because the area has attained the standard by relying on reductions of
only VOC emissions. Under the provisions of section 182(f), the EPA
Administrator may waive the NO_X requirements because
additional reductions would not contribute to attainment of the one-
hour ozone standard (see 182(f)(A)). The EPA has sufficient data
proving the area is monitoring attainment. Any NO_X
reductions that would otherwise be required under section 182, would be
beyond the reductions needed for attainment. Hence, the EPA is honoring
the State's request for a waiver of the NO_X requirements.
Doing so does not affect the requirements for control of VOC's. The
State has not requested that EPA redesignate the area to attainment at
this time.
In the case of Dona Ana County, which is classified marginal for
ozone, granting its request will waive requirements applicable under
the Act; NO_X requirements under the nonattainment new source
review program, including offsets; the NO_X requirements of
general conformity, as well as the NO_X requirements of the
build/no-build provisions of the transportation conformity rules. For
transportation conformity, see 58 FR 62188 published on November 24,
1993, as amended, and 60 FR 44790, and 44794 of August 29, 1995. See
also 59 FR 31238 published June 17, 1994. For general conformity, see
58 FR 63214 published on November 30, 1993, and 59 FR 31239, June 17,
1994.

8. How Long is the Waiver of NO_X Requirements Valid?

The EPA believes that all waivers of section 182(f) requirements
that are approved, should be approved only on a contingent basis. If
the area exceeds the one-hour ozone standard in the future, the EPA
would re-evaluate all available data and modeling to determine the
continuing validity of our decision to grant the NO_X waiver.
An exceedence of the standard, in and of itself, would not compel EPA
to rescind the waiver. That said, compelling air quality data or
modeling evidence that reductions in NO_X would reduce the
number or severity of ozone violations in the Dona Ana County area,
would be justification to rescind the waiver.

9. What Process did the State use to Approve the SIP and the
NO_X Waiver?

Under the authority of section 107(d)(3) of the Act, the EPA
designated the area as a marginal ozone nonattainment area on June 12,
1995 (see 60 FR 30789, June 12, 1995).
The Act requires states to observe certain procedural requirements
in

[[Page 6150]]

developing implementation plans and plan revisions for submission to
EPA in response to such a designation. Section 110(a)(2) of the Act
provides that each implementation plan submitted by a State must be
adopted after reasonable notice and public hearing. See also section
110(l) of the Act. Also, EPA must determine whether a submittal is
complete and, therefore, warrants further EPA review and action. See
section 110(k)(1) and 57 FR 13565. EPA's completeness criteria for SIP
submittals are set out at 40 CFR part 51.
The SIP package was received on October 8, 1997. The submittal
included a Governor's letter dated September 24, 1997, a certification
of public hearing with the hearing record, and copies of the rules
adopted to fulfill the requirements of the Act. The certificate of
public hearing showed that public hearings were held on July 11, 1997,
to entertain public comment on a revision of the SIP. Following the
public hearing, this revision was adopted by the State on August 8,
1997, and submitted to the EPA as a proposed revision to the SIP. This
submittal is necessary to satisfy the requirements of sections 182(a)
and 179B of the Act. The State adopted the request for a NO_X
waiver and the SIP at the same time, and submitted them together.
The SIP revision was reviewed by EPA to determine completeness, in
accordance with the completeness criteria referenced above. A letter
dated December 24, 1997, was forwarded to the Governor indicating the
SIP was complete. This direct rulemaking notice would constitute final
action by EPA to approve the SIP and NO_X waiver submissions.

10. Did EPA make an exception for Dona Ana County Under Section 179B(a)
of the Act, Because the Area Borders Mexico?

EPA does not have to justify its approval of the SIP under section
179B, because the area is monitoring attainment and has met the other
applicable nonattainment requirements of the Act.
Section 179B(a)(2) of the Act contains provisions under which EPA
can approve SIP revisions that meet all the applicable requirements for
a nonattainment area, even though the area has not achieved attainment.
In doing so, EPA must have evidence that the failure to attain the
standard is due to the contribution of emissions originating from
outside the United States.
In addition to authorizing waivers of the requirement to
demonstrate attainment, section 179B(a) also allows an area affected by
emissions from outside the United States to avoid being reclassified or
``bumped up'' to the next higher classification because of its
inability to demonstrate attainment. Without such a waiver, the area
would be compelled to implement more rigorous control requirements. The
EPA has granted such approvals in cases that demonstrate the area would
be in attainment of a standard, but for emissions from outside the
United States. For example, this was done for El Paso, in approving
their PM-10 SIP (see 59 FR 2532, January 19, 1994).
When New Mexico submitted the Dona Ana County SIP to the EPA, the
area had not yet attained the one-hour ozone standard. Since that time,
the area has attained the standard, by accumulating three consecutive
years of quality-assured ambient air data showing no violations of the
standard. The most recent data provided by the State of New Mexico,
available through the EPA Aerometric Information and Retrieval Service
(AIRS) demonstrates that the area continues to attain the one-hour
standard. New Mexico has recorded three consecutive years of valid data
in the area showing that ozone readings meet the standard.
Since the area has been able to demonstrate it is attaining the
one-hour ozone standard, EPA does not need to use the flexibility
allowed under section 179B at this time. Similarly, because the area is
now attaining the ozone NAAQS, the provisions of section 179B are not
needed to insulate the area from the possibility of reclassification.
However, the State has provided EPA with evidence indicating that the
nonattainment area is influenced by ozone precursor emissions from El
Paso, Texas, and Ciudad Juarez, Mexico--a much larger metropolitan
region that continues to suffer ozone exceedences. The State is
concerned that these other areas could affect air quality in the Dona
Ana County nonattainment area in the future and interfere with its
current attainment status. Indeed, because the potential for the area
to fall out of attainment due to pollution impacts from these adjoining
areas cannot be discounted, the State has informed the EPA that it does
not intend to seek to formally redesignate the Dona Ana County
nonattainment area to attainment under section 107(d)(3)(e) at this
time.
Since the situation envisioned by Congress when it enacted section
179B is not now occurring in the Dona Ana County nonattainment area,
there is no basis for the EPA to evaluate and/or make a determination
at this time regarding the applicability of that section. If the
State's fears about the impact of regional emissions are subsequently
realized, and ozone concentrations violate the standard, the State will
need to analyze and submit any air quality information available in
support of their approved SIP and NO_X waiver. This
information would be necessary for the EPA to apply 179B of the Act in
this context.

II. Final Action

The EPA is approving New Mexico's request for approval of a
revision to the State Implementation Plan for New Mexico. This revision
is the implementation plan for the Dona Ana County ozone nonattainment
area. The revision contains an inventory of actual emissions from all
sources, a state regulation requiring that sources covered by the
regulation certify the actual emissions of NO_X and VOC, and
a revised nonattainment new source review permitting program meeting
the requirements of sections 172(c)(5) and 173 of the Act.
The EPA is also approving a waiver of NO_X control
requirements, because the area has attained the standard without them.
The EPA is publishing this rule without prior proposal because we
view its contents as noncontroversial and anticipate no adverse
comments, because this action approves State regulations in place at
the State level for some time, into the Federally approved SIP.
However, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve the SIP if adverse comments are received. This
rule will be effective on April 9, 2002 without further notice unless
we receive adverse comment by March 11, 2002. If EPA receives adverse
comments, we will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

[[Page 6151]]

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.

C. Executive Order 13132

Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

D. Executive Order 13175

This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

E. Executive Order 13211

This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

F. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the Clean Air 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 create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

G. Unfunded Mandates

Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), 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
the 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.
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 pre-
existing 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.

H. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective April 9, 2002 unless EPA receives
adverse written comments by March 11, 2002.

I. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so

[[Page 6152]]

would be inconsistent with applicable law or otherwise impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 9, 2002. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Volatile Organic Compounds, Ozone, Reporting and recordkeeping
requirements.

Dated: February 1, 2002.
Christine Todd Whitman,
Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

2. Section 52.1620 is amended as follows:
a. In the table in paragraph (c) entitled ``EPA Approved New Mexico
Regulations'' under the heading ``New Mexico Administrative Code (NMAC)
Title 20--Environmental Protection Chapter 2--Air Quality'' by revising
the entries for part 73 and part 79;
b. In the table in paragraph (e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' by adding to the end of the table an entry entitled
``Waiver of NO_X control requirements.''
The revisions and addition read as follows:

Sec. 52.1620 Identification of plan.

* * * * *
(c) * * *

EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environmental Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
Part 73............... Notice of Intent and 10-01-97 [February 8, 2002 and FR
Emmissions Inventory page number].
Requirements..

* * * * * *
*
Part 79............... Permits--Nonattainment 10-01-97 [February 8, 2002 and FR
Areas. page number].

* * * * * *
*
----------------------------------------------------------------------------------------------------------------

(e) * * *

EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
Waiver of NO_X control Dona Ana County 10-01-97 [February 8, 2002
requirements.. (part), marginal and FR page number].
ozone nonattainment
area.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 02-3103 Filed 2-7-02; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Approval of Revision to State Implementation Plan; New Mexico; Dona Ana County State Implementation Plan for Ozone; Emission Inventory; Permits; Approval of Waiver of Nitrogen Oxides Control Requirements; Volatile Organic Compounds, Nitrogen Oxides, Ozone

Local Navigation