Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Revisions to New Mexico Transportation Conformity Regulations, 21169-21175 [2010-9366]

Download as PDF Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations Patrol Commander or any Official Patrol. (ii) Proceed as directed by the Coast Guard Patrol Commander or any Official Patrol. (d) Enforcement period. This section will be enforced from 10 a.m. until 5 p.m. on May 29, 2010. (3) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF– FM marine band radio announcing specific event date and times. Dated: April 7, 2010. Mark P. O’Malley, Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland. [FR Doc. 2010–9496 Filed 4–22–10; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2006–0990; FRL–9141–1] Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Revisions to New Mexico Transportation Conformity Regulations mstockstill on DSKH9S0YB1PROD with RULES AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: The Environmental Protection Agency is approving revisions to the New Mexico State Implementation Plan (SIP) concerning the State transportation conformity rules. On November 2, 2006, the State of New Mexico submitted revisions to the New Mexico Administrative Code (NMAC) 20.2.99 to ensure consistency with amendments to the Federal Transportation Conformity Rule. On June 27, 2007, and May 13, 2009, the State submitted further revisions to NMAC 20.2.99 for consistency with subsequent Federal rule revisions. These plan revisions meet statutory and regulatory requirements, and are consistent with EPA’s guidance. DATES: This rule is effective on June 22, 2010 without further notice, unless EPA receives relevant adverse comment by May 24, 2010. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2006–0990, by one of the following methods: VerDate Nov<24>2008 15:47 Apr 22, 2010 Jkt 220001 • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • EPA Region 6 ‘‘Contact Us’’ Web site: https://epa.gov/region6/ r6coment.htm. Please click on ‘‘6PD’’ (Multimedia) and select ‘‘Air’’ before submitting comments. • E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by e-mail to the person listed in the FOR FURTHER INFORMATION CONTACT section below. • Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), at fax number 214–665–7263. • Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. • Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Such deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2006– 0990. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 21169 special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214–665–7253 to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cent per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment: New Mexico Environment Department, 1190 St. Francis Drive, Suite N4050, Santa Fe, New Mexico 87505. FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section (6PD–L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–8542; fax number 214–665–7263; e-mail address: Riley.Jeffrey@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the EPA. Outline I. Background II. Analysis of the State’s Submittals 1. November 2, 2006, New Mexico SIP Submittal 2. June 27, 2007, New Mexico SIP Submittal 3. May 13, 2009, New Mexico SIP Submittal III. Final Action IV. Statutory and Executive Order Reviews E:\FR\FM\23APR1.SGM 23APR1 21170 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations mstockstill on DSKH9S0YB1PROD with RULES I. Background The 1990 CAA required each State to submit a revision to its SIP to address the requirements of Section 176(c) of the Act pertaining to conformity determinations for metropolitan transportation plans, transportation improvement programs and other projects funded by the Federal Highway Administration or the Federal Transit Administration. This process is known as ‘‘transportation conformity,’’ and serves to ensure that federally supported highway and transit projects are consistent with the purpose of the State’s air quality plans in nonattainment and maintenance areas. EPA promulgated final rules on transportation conformity on November, 24, 1993 (58 FR 62188), and these rules have been revised many times since; the latest revision is that of January 24, 2008 (73 FR 4420). The initial New Mexico SIP revision that incorporated EPA’s conformity rules was adopted on November 9, 1998, and it also has been revised several times to remain in alignment with the Federal rules. The latest EPA approval of New Mexico transportation conformity SIP provisions was on March 20, 2000 (65 FR 14877). This approval was a partial approval, with no action taken on sections 109.C.1, 114, 128.C–F, 137.E, 139.A.2, 140.A.1, and 147.B, which could not be approved at that time due to the March 2, 1999 United States Court of Appeals for the District of Columbia Circuit decision in Environmental Defense Fund v. Environmental Protection Agency, 167 F.3d 641 (D.C. Cir. 1999). Revisions to the New Mexico transportation conformity rules were submitted by the State to EPA on November 2, 2006, June 27, 2007, and May 13, 2009. The November 2, 2006 SIP revision addresses amendments to the Federal transportation conformity rule made on August 6, 2002 (67 FR 50808) and July 1, 2004 (68 FR 40003). The June 27, 2007 SIP revision submitted by the State addresses amendments to the Federal transportation conformity rule made on May 6, 2005 (70 FR 24279) and March 10, 2006 (71 FR 12467). The May 13, 2009 SIP revision submitted by the State addresses amendments to the Federal transportation conformity rule made on January 24, 2008 (73 FR 4420). For more information on the State submittals and the amendments to the Federal transportation conformity rule please see our Technical Support Document (TSD) found in the electronic docket for this action. The electronic docket can be found at the Web site https:// VerDate Nov<24>2008 17:03 Apr 22, 2010 Jkt 220001 www.regulations.gov (Docket number EPA–R06–OAR–2006–0990). II. Analysis of the State’s Submittals 1. November 2, 2006, New Mexico SIP Submittal In this submittal the State amended NMAC 20.2.99 as represented in Table 1, to bring the rules into alignment with Federal provisions. These changes include: • Minor revisions to the 18-month requirement for the initial SIP submissions; • Addition of a grace period for newly designated nonattainment areas; • Adding the 1997 8-hour Ozone and fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS); and • Miscellaneous revisions to clarify the existing regulation and improve implementation. This revision is consistent with the amendments to the Federal transportation conformity rule made on August 6, 2002 (67 FR 50808) and July 1, 2004 (68 FR 40003) which incorporate: • A requirement that conformity to be redetermined within 18 months of an initial State implementation plan submission; • A one-year grace period for newly designated nonattainment areas, consistent with an October 27, 2000 amendment to the Clean Air Act (42 U.S.C. 7506(c)(6)); • Procedures for implementing conformity for the 1997 ozone and PM2.5 NAAQS; • Procedures for advancing highway and transit projects during a conformity lapse, and • The administrative process for determining whether the motor vehicle emissions budgets (MVEB) in SIP submissions are appropriate to use in conformity determinations. A more detailed analysis of the amendments contained in this SIP submittal can be found in the TSD found in the electronic docket for this action. 2. June 27, 2007, New Mexico SIP Submittal In this submittal the State amended NMAC 20.2.99 as represented in Table 1, to bring the rules into alignment with Federal provisions by: • Adding nitrogen oxides (NOX), volatile organic compounds (VOCs), sulfur oxides (SOX), and ammonia (NH3), each of which are precursors to PM2.5, to the transportation conformity determinations for PM2.5 nonattainment and maintenance areas; and PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 • Establishing criteria for which transportation projects must be analyzed for local impacts of particle emissions in nonttainment and maintenance areas for the PM2.5 and coarse particulate matter (PM10) NAAQS. This revision is consistent with the amendments to the Federal transportation conformity rule made on May 6, 2005 (70 FR 24279) and March 10, 2006 (71 FR 12467) which: • Incorporate NOX, VOCs, SOX, and NH3 as possible transportation-related PM2.5 precursors; • Require that upon submittal of a PM2.5 SIP, a PM2.5 precursor must be considered in an area’s conformity determinations if the SIP determines that emissions for that precursor are a significant contributor to the area’s PM2.5 air quality problem; • Require criteria for determining which transportation projects must be analyzed for local impacts of particle emissions in PM2.5 and PM10 nonattainment and maintenance areas. A more detailed analysis of the amendments contained in this SIP submittal can be found in the TSD found in the electronic docket for this action. 2. May 13, 2009, New Mexico SIP Submittal In this submittal the State amended NMAC 20.2.99 sections represented in Table 1 of this notice. The amendments help bring the State rules into alignment with Federal provisions. These changes: • Provide more time for State and local governments to meet conformity requirements; • Provide a one-year grace period before the consequences of not meeting certain conformity requirements apply; • Allow the option of shortening the timeframe of conformity determinations; • Provide procedures for areas to use in substituting or adding transportation control measures (TCMs) to approved SIPs, and; • Streamline other provisions. This revision is consistent with the January 24, 2008 (73 FR 4420) transportation conformity rule amendments. These amendments were made by EPA to implement the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), (Pub. L. 109–59), and implement other changes not related to SAFETEA–LU. Prior to SAFETEA–LU, States were required to address these provisions as well as all other Federal conformity rule provisions in their conformity SIPs. With amendments to address SAFETEA–LU, EPA now allows States to submit E:\FR\FM\23APR1.SGM 23APR1 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations conformity SIPs that address only the following sections of the Federal rule that need to be tailored to a State’s individual circumstances: • 40 CFR 93.105, which addresses consultation procedures; • 40 CFR 93.122(a)(4)(ii), which states that conformity SIPs must require that written commitments to control measures be obtained prior to a conformity determination if the control measures are not included in an MPO’s transportation plan and TIP, and that such commitments be fulfilled; and • 40 CFR 93.125(c), which states that conformity SIPs must require that written commitments to mitigation measures be obtained prior to a projectlevel conformity determination, and that project sponsors comply with such commitments. Other changes to Federal transportation conformity rule regulations not related to SAFETEA–LU were made: • Allowing the U.S. Department of Transportation, in consultation with EPA, to make categorical hot-spot findings for projects in areas that are in nonattainment or maintenance for carbon monoxide; and • Removing the provision that allowed 8-hour ozone areas to use other tests for conformity instead of their 1-hour ozone SIP budgets. However, the State has opted to revise 20.2.99 NMAC to reflect all amendments to the Federal Transportation Conformity Rule. A more detailed analysis of the amendments 21171 contained in this SIP submittal can be found in the TSD for this action. III. Final Action EPA is approving revisions to the New Mexico SIP and associated rules which were submitted by NMED on November 2, 2006, June 27, 2007, and May 13, 2009. These revisions achieve the purpose of bringing the State SIP and associated rules into alignment with Federal statutes and regulations. Table 1 represents the revised sections of NMAC 20.2.99 that EPA is approving in this action. Where sections were repeated in subsequent revisions, the more recent revisions are taken to supersede the previous revisions, since the more recent language captures the previous revisions. TABLE 1—REVISIONS TO NMAC 20.2.99 [By submittal date] State effective date NMAC 20.2.99 section mstockstill on DSKH9S0YB1PROD with RULES 109, 114, 116, 117, 118, 120, 121, 123, 129, 136, 143, 144, 145, 146, 147, 149, 152, 153, 154 ....................... 150 ........................................................................................................................................................................... 2, 7, 111, 112, 113, 115, 122, 124, 125, 128, 133, 134, 135, 137, 138, 139, 140, 148, 151 ............................... We have evaluated the State’s submittals and have determined that they meet the applicable requirements of the Clean Air Act and EPA regulations, and are consistent with EPA policy. EPA is publishing this rule without prior proposal because we view this as a non-controversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the SIP revision if relevant adverse comments are received. This rule will be effective on June 22, 2010 without further notice unless we receive adverse comment by May 24, 2010. If we receive 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 now. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. VerDate Nov<24>2008 15:47 Apr 22, 2010 Jkt 220001 IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Submittal date to EPA 10/15/2005 9/1/2007 6/1/2009 11/2/2006 6/27/2007 5/13/2009 • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement E:\FR\FM\23APR1.SGM 23APR1 21172 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations 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 action 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). 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 June 22, 2010. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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).) Dated: April 9, 2010. Lawrence E. Starfield, Acting Regional Administrator, Region 6. List of Subjects in 40 CFR Part 52 Subpart GG—New Mexico Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Nitrogen dioxides, Particulate matter, Reporting and recordkeeping requirements, Transportation conformity, Transportation-air quality planning, Volatile organic compounds. ■ ■ 40 CFR part 52 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. 2. The first table in § 52.1620(c) entitled ‘‘EPA Approved New Mexico Regulations’’ is amended by revising the entry for Part 99 and adding new entries for 20.2.99.1 to 20.2.99.154 immediately following the entry for Part 99 to read as follows: § 52.1620 * Identification of plan. * * (c) * * * * * EPA-APPROVED NEW MEXICO REGULATIONS State citation State approval/ effective date Title/subject EPA approval date Explanation New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality * * * * * * Part 99—Transportation Conformity Issuing Agency ................................................ Scope ............................................................... 11/23/1998 6/1/2009 20.2.99.3 20.2.99.4 20.2.99.5 20.2.99.6 20.2.99.7 ............................ ............................ ............................ ............................ ............................ Statutory Authority ........................................... Duration ........................................................... Effective Date .................................................. Objective .......................................................... Definitions ........................................................ 11/23/1998 11/23/1998 11/23/1998 11/23/1998 6/1/2009 20.2.99.8 ............................ 20.2.99.9 to 20.2.99.108 .... 20.2.99.109 ........................ Documents ....................................................... [Reserved] ........................................................ Applicability ...................................................... 11/23/1998 11/23/1998 10/15/2005 20.2.99.110 ........................ 20.2.99.111 ........................ Priority .............................................................. Frequency of Conformity Determinations ........ 11/23/1998 6/1/2009 20.2.99.112 ........................ Frequency of Conformity Determinations— Transportation Plans. 6/1/2009 20.2.99.113 ........................ mstockstill on DSKH9S0YB1PROD with RULES 20.2.99.1 ............................ 20.2.99.2 ............................ Frequency of Conformity Determinations— Transportation Improvement Programs. 6/1/2009 20.2.99.114 ........................ Frequency of Conformity Determinations— Projects. 10/15/2005 20.2.99.115 ........................ Frequency of Conformity Determinations— Triggers for Transportation Plan and Tip Conformity Determinations. 6/1/2009 VerDate Nov<24>2008 17:03 Apr 22, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 3/20/2000, 65 FR 14873 4/23/2010, [Insert FR page number where document begins]. 3/20/2000, 65 FR 14873 3/20/2000, 65 FR 14873 3/20/2000, 65 FR 14873 3/20/2000, 65 FR 14873 4/23/2010, [Insert FR page number where document begins]. 3/20/2000, 65 FR 14873 3/20/2000, 65 FR 14873 4/23/2010, [Insert FR page number where document begins]. 3/20/2000, 65 FR 14873 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. E:\FR\FM\23APR1.SGM 23APR1 * Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations 21173 EPA-APPROVED NEW MEXICO REGULATIONS—Continued State approval/ effective date State citation Title/subject 20.2.99.116 ........................ Consultation ..................................................... 10/15/2005 20.2.99.117 ........................ Agency Roles in Consultation ......................... 10/15/2005 20.2.99.118 ........................ Agency Responsibilities in Consultation .......... 10/15/2005 20.2.99.119 ........................ 20.2.99.120 ........................ General Consultation Procedures ................... Consultation Procedures for Specific Major Activities. 11/23/1998 10/15/2005 20.2.99.121 ........................ Consultation Procedures for Specific Routine Activities. 10/15/2005 20.2.99.122 ........................ Notification Procedures for Routine Activities 20.2.99.123 ........................ Conflict Resolution and Appeals to the Governor. 10/15/2005 20.2.99.124 ........................ Public Consultation Procedures ...................... 6/1/2009 20.2.99.125 ........................ Content of Transportation Plans and Timeframes of Conformity Determinations. 6/1/2009 20.2.99.126 ........................ Relationship of Transportation Plan and Tip Conformity to the NEPA Process. Fiscal Constraints for Transportation Plans and TIPs. Criteria and Procedures for Determining Conformity of Transportation Plans, Programs, and Projects—General. Criteria and Procedures—Latest Planning Assumptions. 11/23/1998 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 3/20/2000, 65 FR 14873 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 3/20/2000, 65 FR 14873 11/23/1998 3/20/2000, 65 FR 14873 6/1/2009 20.2.99.127 ........................ 20.2.99.128 ........................ 6/1/2009 EPA approval date Criteria and Procedures—Latest Emissions Model. Criteria and Procedures—Consultation ........... Criteria and Procedures—Timely Implementation of TCMs. Criteria and Procedures—Currently Conforming Transportation Plan and TIP. 11/23/1998 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 3/20/2000, 65 FR 14873 11/23/1998 11/23/1998 3/20/2000, 65 FR 14873 3/20/2000, 65 FR 14873 20.2.99.134 ........................ Criteria and Procedures—Projects from a Transportation Plan and TIP. 6/1/2009 20.2.99.135 ........................ Criteria and Procedures—Localized Co, PM10, and PM2.5 Violations (Hot Spots). 6/1/2009 20.2.99.136 ........................ Criteria and Procedures—Compliance with PM10, and PM2.5 Control Measures. 10/15/2005 20.2.99.137 ........................ Criteria and Procedures—Motor Vehicle Emissions Budget. 6/1/2009 20.2.99.138 ........................ Criteria and Procedures—Interim Emissions in Areas without Motor Vehicle Emissions Budgets. Consequences of Control Strategy Implementation Plan Failures. 6/1/2009 Requirements for Adoption or Approval of Projects by Other Recipients of Funds Designated Under Title 23 U.S.C. or the Federal Transit Laws. 6/1/2009 20.2.99.129 ........................ 20.2.99.130 ........................ 20.2.99.131 ........................ 20.2.99.132 ........................ mstockstill on DSKH9S0YB1PROD with RULES 20.2.99.133 ........................ 20.2.99.139 ........................ 20.2.99.140 ........................ VerDate Nov<24>2008 15:47 Apr 22, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 10/15/2005 6/1/2009 6/1/2009 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. E:\FR\FM\23APR1.SGM 23APR1 Explanation 21174 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations EPA-APPROVED NEW MEXICO REGULATIONS—Continued State approval/ effective date State citation Title/subject 20.2.99.141 ........................ 20.2.99.151 ........................ Procedures for Determining Regional Transportation-Related Pollutant Emissions— General Requirements. Procedures for Determining Regional Transportation-Related Pollutant Emissions— Analysis in Serious, Severe, and Extreme Ozone Nonattainment Areas and Serious Carbon Monoxide Areas. Procedures for Determining Regional Transportation-Related Pollution Emissions— Two-Year Grace Period for Regional Emissions Analysis Requirements in Certain Ozone and Co Areas. Procedures for Determining Regional Transportation-Related Pollutant Emissions— Areas Which are not Serious, Severe or Extreme Ozone Nonattainment Areas or Serious Carbon Monoxide Areas. Procedures for Determining Regional Transportation-Related Pollutant Emissions— PM10 from Construction-Related Fugitive Dust. Procedures for Determining Regional Transportation—Related Pollutant Emissions— PM2.5 from Construction—Related Fugitive Dust. Procedures for Determining Regional Transportation-Related Pollutant Emissions—Reliance on Previous Regional Emissions Analysis. Procedures for Determining Localized CO, PM10, and PM2.5 Concentrations (Hot-Spot Analysis). Using the Motor Vehicle Emissions Budget in the SIP (or Implementation Plan Submission). Enforceability of Design Concept and Scope and Project-Level Mitigation and Control Measures. Exemptions ...................................................... 20.2.99.152 ........................ Traffic Signal Synchronization Projects ........... 10/15/2005 20.2.99.153 ........................ Special Exemptions from Conformity Requirements for Pilot Program Areas. 10/15/2005 20.2.99.154 ........................ Savings Provision ............................................ 10/15/2005 20.2.99.142 ........................ 20.2.99.143 ........................ 20.2.99.144 ........................ 20.2.99.145 ........................ 20.2.99.146 ........................ 20.2.99.147 ........................ 20.2.99.148 ........................ 20.2.99.149 ........................ 20.2.99.150 ........................ * * * * * * * * EPA approval date 11/23/1998 3/20/2000, 65 FR 14873 11/23/1998 3/20/2000, 65 FR 14873 10/15/2005 4/23/2010, [Insert FR page number where document begins]. 10/15/2005 4/23/2010, [Insert FR page number where document begins]. 10/15/2005 4/23/2010, [Insert FR page number where document begins]. 10/15/2005 4/23/2010, [Insert FR page number where document begins]. 10/15/2005 4/23/2010, [Insert FR page number where document begins]. 6/1/2009 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 4/23/2010, [Insert FR page number where document begins]. 10/15/2005 9/1/2007 6/1/2009 * * * [FR Doc. 2010–9366 Filed 4–22–10; 8:45 am] mstockstill on DSKH9S0YB1PROD with RULES BILLING CODE 6560–50–P VerDate Nov<24>2008 17:03 Apr 22, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Explanation E:\FR\FM\23APR1.SGM 23APR1 * Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 483 [CMS–2266–F] RIN 0938–AO82 Medicare and Medicaid Programs; Waiver of Disapproval of Nurse Aide Training Program in Certain Cases AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule. SUMMARY: This final rule will permit a waiver of a nurse aide training disapproval as it applies to skilled nursing facilities, in the Medicare program, and nursing facilities, in the Medicaid program, that are assessed a civil money penalty of at least $5,000 for noncompliance that is not related to quality of care. This is a statutory provision enacted by section 932 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108–173, enacted December 8, 2003). DATES: Effective Date: These regulations are effective on May 24, 2010. FOR FURTHER INFORMATION CONTACT: Pat Miller, (410) 786–6780. SUPPLEMENTARY INFORMATION: I. Background mstockstill on DSKH9S0YB1PROD with RULES Waiver of Disapproval of Nurse Aide Training Program in Certain Cases To participate in the Medicare and/or Medicaid programs, long-term care facilities must be certified as meeting Federal participation requirements. Long-term care facilities include skilled nursing facilities (SNFs) for Medicare and nursing facilities (NFs) for Medicaid. The Federal participation requirements for these facilities are specified in regulations at 42 CFR part 483, subpart B. Section 1864(a) of the Social Security Act (the Act) authorizes the Secretary to enter into agreements with State survey agencies to determine whether SNFs meet the Federal participation requirements for Medicare. Section 1902(a)(33)(B) of the Act provides for State survey agencies to perform the same survey tasks for facilities participating or seeking to participate in the Medicaid program. The results of Medicare and Medicaid related surveys are used by the Centers for Medicare & Medicaid Services and the State Medicaid agency, respectively, as the VerDate Nov<24>2008 17:03 Apr 22, 2010 Jkt 220001 basis for a decision to enter into or deny a provider agreement, recertify facility participation in one or both programs, or impose remedies on a noncompliant facility. To assess compliance with Federal participation requirements, surveyors conduct onsite inspections (surveys) of facilities. In the survey process, surveyors directly observe the actual provision of care and services to residents and the effect or possible effects of that care to evaluate whether the care furnished meets the assessed needs of individual residents. Sections 1819(b)(5) and 1919(b)(5) of the Act and implementing regulations at § 483.75(e) require that all individuals employed by a facility as nurse aides must have successfully completed a nurse aide training program. Sections 1819(f)(2) and 1919(f)(2) of the Act provide that facility-based nurse aide training could be offered either by the facility or in the facility by another entity approved by the State. Therefore, a facility in good standing (that is, one that is not subject to an event that results in disapproval of a nurse aide training program) may offer a facilitybased program in one of two ways: It can either conduct its own facility-based State-approved nurse aide training and have the State or a State-approved entity administer the nurse aide competency evaluation program, or it can offer the entire nurse aide training and competency evaluation program through an outside entity which has been approved by the State to conduct both components. Further, these sections prohibit States from approving a nurse aide training and competency evaluation program or a nurse aide competency evaluation program offered by or in a SNF or NF when any of the following specified events have occurred in that facility— • The facility has operated under a nurse staffing waiver; • The facility has been subject to an extended or partial extended survey unless the survey shows the facility is in compliance with the participation requirements; or • The facility has been assessed a civil money penalty of not less than $5,000, or has been subject to a denial of payment, the appointment of a temporary manager, termination, or in the case of an emergency, been closed and had its residents transferred. Program disapproval is a required, rather than a discretionary, response whenever any of these events occur. Since facilities are required to employ nurse aides who have successfully completed a training program, when a facility loses its ability to conduct PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 21175 facility-based training, it must, for the duration of the 2-year program disapproval, provide the required training through either the State or another State-approved outside organization as provided by § 483.151(a). However, sections 1819(f)(2)(C) and 1919(f)(2)(C) of the Act permit a waiver for program disapproval of programs offered in (but not by) a facility if the State— • Determines that there is no other such program offered within a reasonable distance of the facility; • Assures that an adequate environment exists for operating the program in the facility; and • Notifies the State Long Term Care Ombudsman of this determination and these assurances. Section 932(c)(2)(B) of the MMA added sections 1819(f)(2)(D) and 1919(f)(2)(D) of the Act which allows the Secretary to waive a facility’s disapproval of its nurse aide training program upon application of a facility if the disapproval resulted from the imposition of a civil money penalty of at least $5,000 and that is not related to quality of care provided to residents in the facility. II. Summary of the Proposed Provisions and Response to Comments In the November 23, 2007 Federal Register 72 FR 65692, we published the proposed rule entitled, ‘‘Medicare and Medicaid Programs; Waiver of Disapproval of Nurse Aide Training Program in Certain Cases and Nurse Aide Petition for Removal of Information for Single Finding of Neglect’’ and provided for a 30 day comment period. A. Waiver of Disapproval of Nurse Aide Training Program in Certain Cases The statutory provisions set forth in the published proposed rule pertain specifically and only to the civil money penalty disapproval trigger under sections 1819(f)(2)(B)(iii)(I)(c) and 1919(f)(2)(B)(iii)(I)(c) of the Act and establish authority for CMS to approve a facility’s request to waive disapproval of its nurse aide training program when that facility has been assessed a civil money penalty of at least $5,000 for deficiencies that are not related to quality of care. We received a total of 23 comments from various States, health care associations and consumer advocacy organizations. The comments for this E:\FR\FM\23APR1.SGM 23APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Rules and Regulations]
[Pages 21169-21175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9366]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0990; FRL-9141-1]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Revisions to New Mexico Transportation Conformity
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency is approving revisions to
the New Mexico State Implementation Plan (SIP) concerning the State
transportation conformity rules. On November 2, 2006, the State of New
Mexico submitted revisions to the New Mexico Administrative Code (NMAC)
20.2.99 to ensure consistency with amendments to the Federal
Transportation Conformity Rule. On June 27, 2007, and May 13, 2009, the
State submitted further revisions to NMAC 20.2.99 for consistency with
subsequent Federal rule revisions. These plan revisions meet statutory
and regulatory requirements, and are consistent with EPA's guidance.

DATES: This rule is effective on June 22, 2010 without further notice,
unless EPA receives relevant adverse comment by May 24, 2010. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0990, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0990. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
New Mexico Environment Department, 1190 St. Francis Drive, Suite
N4050, Santa Fe, New Mexico 87505.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-8542; fax
number 214-665-7263; e-mail address: Riley.Jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Analysis of the State's Submittals
1. November 2, 2006, New Mexico SIP Submittal
2. June 27, 2007, New Mexico SIP Submittal
3. May 13, 2009, New Mexico SIP Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

[[Page 21170]]

I. Background

The 1990 CAA required each State to submit a revision to its SIP to
address the requirements of Section 176(c) of the Act pertaining to
conformity determinations for metropolitan transportation plans,
transportation improvement programs and other projects funded by the
Federal Highway Administration or the Federal Transit Administration.
This process is known as ``transportation conformity,'' and serves to
ensure that federally supported highway and transit projects are
consistent with the purpose of the State's air quality plans in
nonattainment and maintenance areas. EPA promulgated final rules on
transportation conformity on November, 24, 1993 (58 FR 62188), and
these rules have been revised many times since; the latest revision is
that of January 24, 2008 (73 FR 4420). The initial New Mexico SIP
revision that incorporated EPA's conformity rules was adopted on
November 9, 1998, and it also has been revised several times to remain
in alignment with the Federal rules. The latest EPA approval of New
Mexico transportation conformity SIP provisions was on March 20, 2000
(65 FR 14877). This approval was a partial approval, with no action
taken on sections 109.C.1, 114, 128.C-F, 137.E, 139.A.2, 140.A.1, and
147.B, which could not be approved at that time due to the March 2,
1999 United States Court of Appeals for the District of Columbia
Circuit decision in Environmental Defense Fund v. Environmental
Protection Agency, 167 F.3d 641 (D.C. Cir. 1999). Revisions to the New
Mexico transportation conformity rules were submitted by the State to
EPA on November 2, 2006, June 27, 2007, and May 13, 2009.
The November 2, 2006 SIP revision addresses amendments to the
Federal transportation conformity rule made on August 6, 2002 (67 FR
50808) and July 1, 2004 (68 FR 40003). The June 27, 2007 SIP revision
submitted by the State addresses amendments to the Federal
transportation conformity rule made on May 6, 2005 (70 FR 24279) and
March 10, 2006 (71 FR 12467). The May 13, 2009 SIP revision submitted
by the State addresses amendments to the Federal transportation
conformity rule made on January 24, 2008 (73 FR 4420). For more
information on the State submittals and the amendments to the Federal
transportation conformity rule please see our Technical Support
Document (TSD) found in the electronic docket for this action. The
electronic docket can be found at the Web site https://www.regulations.gov (Docket number EPA-R06-OAR-2006-0990).

II. Analysis of the State's Submittals

1. November 2, 2006, New Mexico SIP Submittal

In this submittal the State amended NMAC 20.2.99 as represented in
Table 1, to bring the rules into alignment with Federal provisions.
These changes include:
Minor revisions to the 18-month requirement for the
initial SIP submissions;
Addition of a grace period for newly designated
nonattainment areas;
Adding the 1997 8-hour Ozone and fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS); and
Miscellaneous revisions to clarify the existing regulation
and improve implementation.
This revision is consistent with the amendments to the Federal
transportation conformity rule made on August 6, 2002 (67 FR 50808) and
July 1, 2004 (68 FR 40003) which incorporate:
A requirement that conformity to be redetermined within 18
months of an initial State implementation plan submission;
A one-year grace period for newly designated nonattainment
areas, consistent with an October 27, 2000 amendment to the Clean Air
Act (42 U.S.C. 7506(c)(6));
Procedures for implementing conformity for the 1997 ozone
and PM2.5 NAAQS;
Procedures for advancing highway and transit projects
during a conformity lapse, and
The administrative process for determining whether the
motor vehicle emissions budgets (MVEB) in SIP submissions are
appropriate to use in conformity determinations.
A more detailed analysis of the amendments contained in this SIP
submittal can be found in the TSD found in the electronic docket for
this action.

2. June 27, 2007, New Mexico SIP Submittal

In this submittal the State amended NMAC 20.2.99 as represented in
Table 1, to bring the rules into alignment with Federal provisions by:
Adding nitrogen oxides (NOX), volatile organic
compounds (VOCs), sulfur oxides (SOX), and ammonia
(NH3), each of which are precursors to PM2.5, to
the transportation conformity determinations for PM2.5
nonattainment and maintenance areas; and
Establishing criteria for which transportation projects
must be analyzed for local impacts of particle emissions in
nonttainment and maintenance areas for the PM2.5 and coarse
particulate matter (PM10) NAAQS.
This revision is consistent with the amendments to the Federal
transportation conformity rule made on May 6, 2005 (70 FR 24279) and
March 10, 2006 (71 FR 12467) which:
Incorporate NOX, VOCs, SOX, and
NH3 as possible transportation-related PM2.5
precursors;
Require that upon submittal of a PM2.5 SIP, a
PM2.5 precursor must be considered in an area's conformity
determinations if the SIP determines that emissions for that precursor
are a significant contributor to the area's PM2.5 air
quality problem;
Require criteria for determining which transportation
projects must be analyzed for local impacts of particle emissions in
PM2.5 and PM10 nonattainment and maintenance
areas.
A more detailed analysis of the amendments contained in this SIP
submittal can be found in the TSD found in the electronic docket for
this action.

2. May 13, 2009, New Mexico SIP Submittal

In this submittal the State amended NMAC 20.2.99 sections
represented in Table 1 of this notice. The amendments help bring the
State rules into alignment with Federal provisions.
These changes:
Provide more time for State and local governments to meet
conformity requirements;
Provide a one-year grace period before the consequences of
not meeting certain conformity requirements apply;
Allow the option of shortening the timeframe of conformity
determinations;
Provide procedures for areas to use in substituting or
adding transportation control measures (TCMs) to approved SIPs, and;
Streamline other provisions.
This revision is consistent with the January 24, 2008 (73 FR 4420)
transportation conformity rule amendments. These amendments were made
by EPA to implement the 2005 Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), (Pub. L.
109-59), and implement other changes not related to SAFETEA-LU. Prior
to SAFETEA-LU, States were required to address these provisions as well
as all other Federal conformity rule provisions in their conformity
SIPs. With amendments to address SAFETEA-LU, EPA now allows States to
submit

[[Page 21171]]

conformity SIPs that address only the following sections of the Federal
rule that need to be tailored to a State's individual circumstances:
40 CFR 93.105, which addresses consultation procedures;
40 CFR 93.122(a)(4)(ii), which states that conformity SIPs
must require that written commitments to control measures be obtained
prior to a conformity determination if the control measures are not
included in an MPO's transportation plan and TIP, and that such
commitments be fulfilled; and
40 CFR 93.125(c), which states that conformity SIPs must
require that written commitments to mitigation measures be obtained
prior to a project-level conformity determination, and that project
sponsors comply with such commitments.
Other changes to Federal transportation conformity rule regulations
not related to SAFETEA-LU were made:
Allowing the U.S. Department of Transportation, in
consultation with EPA, to make categorical hot-spot findings for
projects in areas that are in nonattainment or maintenance for carbon
monoxide; and
Removing the provision that allowed 8-hour ozone areas to
use other tests for conformity instead of their 1-hour ozone SIP
budgets.
However, the State has opted to revise 20.2.99 NMAC to reflect all
amendments to the Federal Transportation Conformity Rule. A more
detailed analysis of the amendments contained in this SIP submittal can
be found in the TSD for this action.

III. Final Action

EPA is approving revisions to the New Mexico SIP and associated
rules which were submitted by NMED on November 2, 2006, June 27, 2007,
and May 13, 2009. These revisions achieve the purpose of bringing the
State SIP and associated rules into alignment with Federal statutes and
regulations. Table 1 represents the revised sections of NMAC 20.2.99
that EPA is approving in this action. Where sections were repeated in
subsequent revisions, the more recent revisions are taken to supersede
the previous revisions, since the more recent language captures the
previous revisions.

Table 1--Revisions to NMAC 20.2.99
[By submittal date]
------------------------------------------------------------------------
State Submittal date
NMAC 20.2.99 section effective date to EPA
------------------------------------------------------------------------
109, 114, 116, 117, 118, 120, 121, 123, 10/15/2005 11/2/2006
129, 136, 143, 144, 145, 146, 147, 149,
152, 153, 154..........................
150..................................... 9/1/2007 6/27/2007
2, 7, 111, 112, 113, 115, 122, 124, 125, 6/1/2009 5/13/2009
128, 133, 134, 135, 137, 138, 139, 140,
148, 151...............................
------------------------------------------------------------------------

We have evaluated the State's submittals and have determined that
they meet the applicable requirements of the Clean Air Act and EPA
regulations, and are consistent with EPA policy.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on June 22, 2010
without further notice unless we receive adverse comment by May 24,
2010. If we receive 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 now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the State, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement

[[Page 21172]]

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 action 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).
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 June 22, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Particulate matter, Reporting and recordkeeping requirements,
Transportation conformity, Transportation-air quality planning,
Volatile organic compounds.

Dated: April 9, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart GG--New Mexico

0
2. The first table in Sec. 52.1620(c) entitled ``EPA Approved New
Mexico Regulations'' is amended by revising the entry for Part 99 and
adding new entries for 20.2.99.1 to 20.2.99.154 immediately following
the entry for Part 99 to 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 Explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection
Chapter 2--Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 99--Transportation Conformity
--------------------------------------------------------------------------------------------------------------------------------------------------------
20.2.99.1.............................. Issuing Agency............ 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.2.............................. Scope..................... 6/1/2009 4/23/2010, [Insert FR page number ...............................
where document begins].
20.2.99.3.............................. Statutory Authority....... 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.4.............................. Duration.................. 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.5.............................. Effective Date............ 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.6.............................. Objective................. 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.7.............................. Definitions............... 6/1/2009 4/23/2010, [Insert FR page number ...............................
where document begins].
20.2.99.8.............................. Documents................. 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.9 to 20.2.99.108............... [Reserved]............... 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.109............................ Applicability............. 10/15/2005 4/23/2010, [Insert FR page number ...............................
where document begins].
20.2.99.110............................ Priority.................. 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
20.2.99.111............................ Frequency of Conformity 6/1/2009 4/23/2010, [Insert FR page number ...............................
Determinations. where document begins].
20.2.99.112............................ Frequency of Conformity 6/1/2009 4/23/2010, [Insert FR page number ...............................
Determinations--Transport where document begins].
ation Plans.
20.2.99.113............................ Frequency of Conformity 6/1/2009 4/23/2010, [Insert FR page number ...............................
Determinations--Transport where document begins].
ation Improvement
Programs.
20.2.99.114............................ Frequency of Conformity 10/15/2005 4/23/2010, [Insert FR page number ...............................
Determinations--Projects. where document begins].
20.2.99.115............................ Frequency of Conformity 6/1/2009 4/23/2010, [Insert FR page number ...............................
Determinations--Triggers where document begins].
for Transportation Plan
and Tip Conformity
Determinations.

[[Page 21173]]

20.2.99.116............................ Consultation.............. 10/15/2005 4/23/2010, [Insert FR page number ...............................
where document begins].
20.2.99.117............................ Agency Roles in 10/15/2005 4/23/2010, [Insert FR page number ...............................
Consultation. where document begins].
20.2.99.118............................ Agency Responsibilities in 10/15/2005 4/23/2010, [Insert FR page number ...............................
Consultation. where document begins].
20.2.99.119............................ General Consultation 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Procedures.
20.2.99.120............................ Consultation Procedures 10/15/2005 4/23/2010, [Insert FR page number ...............................
for Specific Major where document begins].
Activities.
20.2.99.121............................ Consultation Procedures 10/15/2005 4/23/2010, [Insert FR page number ...............................
for Specific Routine where document begins].
Activities.
20.2.99.122............................ Notification Procedures 6/1/2009 4/23/2010, [Insert FR page number ...............................
for Routine Activities. where document begins].
20.2.99.123............................ Conflict Resolution and 10/15/2005 4/23/2010, [Insert FR page number ...............................
Appeals to the Governor. where document begins].
20.2.99.124............................ Public Consultation 6/1/2009 4/23/2010, [Insert FR page number ...............................
Procedures. where document begins].
20.2.99.125............................ Content of Transportation 6/1/2009 4/23/2010, [Insert FR page number ...............................
Plans and Timeframes of where document begins].
Conformity Determinations.
20.2.99.126............................ Relationship of 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Transportation Plan and
Tip Conformity to the
NEPA Process.
20.2.99.127............................ Fiscal Constraints for 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Transportation Plans and
TIPs.
20.2.99.128............................ Criteria and Procedures 6/1/2009 4/23/2010, [Insert FR page number ...............................
for Determining where document begins].
Conformity of
Transportation Plans,
Programs, and Projects--
General.
20.2.99.129............................ Criteria and Procedures-- 10/15/2005 4/23/2010, [Insert FR page number ...............................
Latest Planning where document begins].
Assumptions.
20.2.99.130............................ Criteria and Procedures-- 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Latest Emissions Model.
20.2.99.131............................ Criteria and Procedures-- 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Consultation.
20.2.99.132............................ Criteria and Procedures-- 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Timely Implementation of
TCMs.
20.2.99.133............................ Criteria and Procedures-- 6/1/2009 4/23/2010, [Insert FR page number ...............................
Currently Conforming where document begins].
Transportation Plan and
TIP.
20.2.99.134............................ Criteria and Procedures-- 6/1/2009 4/23/2010, [Insert FR page number ...............................
Projects from a where document begins].
Transportation Plan and
TIP.
20.2.99.135............................ Criteria and Procedures-- 6/1/2009 4/23/2010, [Insert FR page number ...............................
Localized Co, PM10, and where document begins].
PM2.5 Violations (Hot
Spots).
20.2.99.136............................ Criteria and Procedures-- 10/15/2005 4/23/2010, [Insert FR page number ...............................
Compliance with PM10, and where document begins].
PM2.5 Control Measures.
20.2.99.137............................ Criteria and Procedures-- 6/1/2009 4/23/2010, [Insert FR page number ...............................
Motor Vehicle Emissions where document begins].
Budget.
20.2.99.138............................ Criteria and Procedures-- 6/1/2009 4/23/2010, [Insert FR page number ...............................
Interim Emissions in where document begins].
Areas without Motor
Vehicle Emissions Budgets.
20.2.99.139............................ Consequences of Control 6/1/2009 4/23/2010, [Insert FR page number ...............................
Strategy Implementation where document begins].
Plan Failures.
20.2.99.140............................ Requirements for Adoption 6/1/2009 4/23/2010, [Insert FR page number ...............................
or Approval of Projects where document begins].
by Other Recipients of
Funds Designated Under
Title 23 U.S.C. or the
Federal Transit Laws.

[[Page 21174]]

20.2.99.141............................ Procedures for Determining 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Regional Transportation-
Related Pollutant
Emissions--General
Requirements.
20.2.99.142............................ Procedures for Determining 11/23/1998 3/20/2000, 65 FR 14873............ ...............................
Regional Transportation-
Related Pollutant
Emissions--Analysis in
Serious, Severe, and
Extreme Ozone
Nonattainment Areas and
Serious Carbon Monoxide
Areas.
20.2.99.143............................ Procedures for Determining 10/15/2005 4/23/2010, [Insert FR page number ...............................
Regional Transportation- where document begins].
Related Pollution
Emissions--Two-Year Grace
Period for Regional
Emissions Analysis
Requirements in Certain
Ozone and Co Areas.
20.2.99.144............................ Procedures for Determining 10/15/2005 4/23/2010, [Insert FR page number ...............................
Regional Transportation- where document begins].
Related Pollutant
Emissions--Areas Which
are not Serious, Severe
or Extreme Ozone
Nonattainment Areas or
Serious Carbon Monoxide
Areas.
20.2.99.145............................ Procedures for Determining 10/15/2005 4/23/2010, [Insert FR page number ...............................
Regional Transportation- where document begins].
Related Pollutant
Emissions--PM10 from
Construction-Related
Fugitive Dust.
20.2.99.146............................ Procedures for Determining 10/15/2005 4/23/2010, [Insert FR page number ...............................
Regional Transportation-- where document begins].
Related Pollutant
Emissions--PM2.5 from
Construction--Related
Fugitive Dust.
20.2.99.147............................ Procedures for Determining 10/15/2005 4/23/2010, [Insert FR page number ...............................
Regional Transportation- where document begins].
Related Pollutant
Emissions--Reliance on
Previous Regional
Emissions Analysis.
20.2.99.148............................ Procedures for Determining 6/1/2009 4/23/2010, [Insert FR page number ...............................
Localized CO, PM10, and where document begins].
PM2.5 Concentrations (Hot-
Spot Analysis).
20.2.99.149............................ Using the Motor Vehicle 10/15/2005 4/23/2010, [Insert FR page number ...............................
Emissions Budget in the where document begins].
SIP (or Implementation
Plan Submission).
20.2.99.150............................ Enforceability of Design 9/1/2007 4/23/2010, [Insert FR page number ...............................
Concept and Scope and where document begins].
Project-Level Mitigation
and Control Measures.
20.2.99.151............................ Exemptions................ 6/1/2009 4/23/2010, [Insert FR page number ...............................
where document begins].
20.2.99.152............................ Traffic Signal 10/15/2005 4/23/2010, [Insert FR page number ...............................
Synchronization Projects. where document begins].
20.2.99.153............................ Special Exemptions from 10/15/2005 4/23/2010, [Insert FR page number ...............................
Conformity Requirements where document begins].
for Pilot Program Areas.
20.2.99.154............................ Savings Provision......... 10/15/2005 4/23/2010, [Insert FR page number ...............................
where document begins].
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[FR Doc. 2010-9366 Filed 4-22-10; 8:45 am]
BILLING CODE 6560-50-P

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