
[Federal Register: September 14, 2009 (Volume 74, Number 176)]
[Proposed Rules]               
[Page 46965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se09-25]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0815; FRL-8954-6]

 
Approval and Promulgation of Implementation Plans; New Mexico; 
Excess Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the New Mexico 
State Implementation Plan (SIP) submitted by the Governor of New Mexico 
on behalf of the New Mexico Environment Department (NMED) in a letter 
dated October 7, 2008 (the October 7, 2008 SIP submittal). The October 
7, 2008 SIP submittal concerns revisions to New Mexico Administrative 
Code Title 20, Chapter 2, Part 7 Excess Emissions (20.2.7 NMAC--Excess 
Emissions) occurring during startup, shutdown, and malfunction related 
activities. We are proposing to approve the October 7, 2008 SIP 
submittal because the rule is consistent with the Clean Air Act (the 
Act). This action is in accordance with section 110 of the Act.

DATES: Written comments must be received on or before October 14, 2009.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be 
submitted electronically or through hand delivery/courier by following 
the detailed instructions in the Addresses section of the direct final 
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6691, fax 
(214) 665-7263, e-mail address shar.alan@epa.gov.

SUPPLEMENTARY INFORMATION: In the final rules section of this Federal 
Register, EPA is approving the State's SIP submittal as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the direct final 
rule. If no relevant adverse comments are received in response to this 
action, no further activity is contemplated. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. The EPA will not institute a second comment period. 
Any parties interested in commenting on this action should do so at 
this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule, which is 
located in the rules section of this Federal Register.

    Dated: August 28, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-21830 Filed 9-11-09; 8:45 am]

BILLING CODE 6560-50-P
