[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50514-50518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25502]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NM-31-1-7310a; FRL-5893-6]


Approval and Promulgation of Air Quality Implementation Plans, 
New Mexico; Recodification of, and Revisions to, the Air Quality 
Control Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, the EPA is approving the recodification of, 
and revisions to, the New Mexico State Implementation Plan (SIP). The 
existing Air Quality Control Regulations (AQCRs) have been renumbered 
and reformatted into the New Mexico Administrative Code (NMAC) as 
required by the New Mexico State Records Center. In addition to having 
renumbered and reformatted the regulations, standard administrative 
changes have been made throughout all AQCRs, and revisions made to 
seven particular AQCRs. The intended effects of these revisions are to 
delete obsolete, nonessential, redundant, and technically inadequate 
regulations; make certain rules and definitions more explicit and; make 
one particular regulation more closely reflect current New Mexico 
Environment Department (NMED) policy.

DATES: This action is effective on November 25, 1997, unless adverse or 
critical comments are received by October 27, 1997. If the effective 
date is delayed, a timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 6 
Office listed below.
    Copies of the 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), Multimedia Planning and Permitting Division, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733.
New Mexico Environment Department, Air Quality Bureau, 1190 St. Francis 
Drive, room So. 2100, Santa Fe, New Mexico 87503.

    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street, SW., Washington, 
DC 20460.

FOR FURTHER INFORMATION CONTACT: Eaton R. Weiler, of the EPA Region 6 
Air Planning Section at the above address, telephone (214) 665-2174.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 8, 1996, the Governor of New Mexico formally submitted a 
recodification of, and revision to, the State Implementation Plan. On 
July 18, 1996, the Governor formally submitted a revision to the 
recodified regulation 20 NMAC 2.72. The January submittal 
recodification and revisions were adopted by the New Mexico 
Environmental Improvement Board (NMEIB) at hearings in July, September, 
October and December 1995. The August submittal revision to 20 NMAC 
2.72 was adopted by the NMEIB at a hearing on June 14, 1996. The 
recodification was prompted by the New Mexico State Records Center 
requirement that all AQCRs be recodified into the new numbering system 
and format of the NMAC. As well as renumbering and reformatting 
regulations, standard administrative changes have been made throughout 
all AQCRs, and revisions made to seven particular AQCRs. The intended 
effects of these revisions are to comply with the requirements of the 
New Mexico State Records Center as well as to: delete obsolete, non-
essential, redundant, and technically inadequate regulations; make 
certain rules and definitions more explicit and; make one particular 
regulation more closely reflect current NMED policy.
    The revisions fall into three groups as outlined below. The first 
group consists of renumbering and format revisions consistent with the 
NMAC requirements. The second group consists of standard administrative 
wording changes that have been made throughout all regulations in which 
they appear. The third group consists of other minor revisions, each of 
which are discussed separately below.

II. NMAC Format Revisions

    The NMAC system is divided into Titles, Chapters, Parts and 
Sections. Title 20, Environmental Protection, includes all rules and 
regulations providing for the protection of the environment. Chapter 
Two of Title 20, Air Quality, contains the revised and recodified AQCRs 
of the NMED. Chapter Two is divided into Parts, which are further 
divided into Sections. The resulting NMAC for air quality is of the 
format: 20 NMAC 2.xxx.yyy, where xxx is the Part number and yyy is the 
Section number.
    The following administrative sections have been added to each Part 
as required by the State Records Center:

100  ISSUING AGENCY
101  SCOPE
102  STATUTORY AUTHORITY
103  DURATION
104  EFFECTIVE DATE
105  OBJECTIVE
106  AMENDMENTS AND SUPERSESSION OF PRIOR REGULATIONS
107  DEFINITIONS

    Section 108, DOCUMENTS, has been added to all Parts citing 
documents other than the NMAC, such as 40 Code of Federal Regulations 
(CFR). Also, RESERVED has been added to all nonexistent sections 
between subparts.

III. Standard Administrative Revisions

    In addition, the following administrative changes have been made to 
all rules and regulations in which they appear:

1. ``division'' to ``Division''
2. ``director'' to ``Secretary''

[[Page 50515]]

3. ``department'' to ``Department''
4. ``secretary'' to ``Secretary''
5. ``federal Clean Air Act'' to ``Federal Act''
6. ``federal Act'' to ``Federal Act''
7. ``Federal environmental protection agency'' to ``US EPA''
8. ``EPA'' to ``US EPA''
9. ``this regulation'' to ``this Part''
10. ``section n'' to ``Section n''
11. ``Part'' added to definitions section of all Parts
12. ``Air Quality Control Unit of the Department'' to ``Air Pollution 
Control Bureau of the Department''
13. Internal references have been changed to reflect the NMAC numbering 
system.
14. Effective date added to all subsections.
15. Regulations have been rewritten so as to be positive: ``no person 
owning or operating * * * shall'', has been changed to ``the owner or 
operator * * * shall not.''
16. Obsolete language, outdated compliance schedules and outdated 
effective dates have been deleted.

IV. Other Revisions

A. Non-Methane Hydrocarbon

    The non-methane hydrocarbon (NMHC) ambient air quality standard, 
AQCR 201(C)(7), has been deleted. The rule has been found to be 
technically inadequate, 48 FR 628. The intended effect of this 
revocation is to eliminate unnecessary regulations pertaining to 
ambient air quality.
    A NMHC National Ambient Air Quality Standard (NAAQS) was 
promulgated on April 30, 1971. The standard is unique among the primary 
NAAQS because it was expressly developed as a guide and not as a 
health-based standard. When this standard was promulgated in 36 FR 
8186, EPA stated that ``The sole purpose of prescribing a hydrocarbon 
standard is to control oxidants.'' The standard was promulgated because 
it represented EPA's best judgement at the time of the maximum level of 
NMHCs which would ensure the attainment of the NAAQS for photochemical 
oxidants. The EPA has since determined that there is no single, 
universally applicable relationship between NMHCs and photochemical 
oxidants and that NMHCs, as a class, apparently do not produce any 
health or welfare effects at or near ambient levels. On January 5, 
1983, the NAAQS was revoked in 48 FR 628.
    Considering that NMHCs do generate photochemical oxidants, they 
have continued to be regulated. Precursors to photochemical oxidants 
today are commonly called Volatile Organic Compounds (VOC). This is a 
much broader term than NMHCs. The VOCs are regulated under the Federal 
ozone regulations. Major sources must limit or control VOC output, 
especially in ozone nonattainment areas. Also, automobiles located in 
nonattainment areas undergo inspection and maintenance programs. Such 
programs are part of the SIP to control ozone pollution. So, despite 
the deletion of the Federal and state NMHC standards, many programs 
exist to regulate the emissions of this type of compound to meet the 
NAAQS for ozone.

B. Beryllium, Asbestos and Heavy Metals

    The ambient air quality standards for beryllium, asbestos and heavy 
metals, 20 NMAC 2.3.109(B), formerly AQCR 201(B), have been deleted. 
These pollutants have been superseded by other state and Federal 
regulations. The intended effect of these revocations is to eliminate 
unnecessary and redundant regulations pertaining to ambient air 
quality.
    1. Federal National Emission Standards for beryllium are included 
in 40 CFR part 61, subparts C and D. Through 20 NMAC 2.78, Emission 
Standards for Hazardous Air Pollutants, New Mexico has the authority to 
implement and enforce Federal standards for beryllium. Subpart C is 
general, and subpart D is specific for beryllium rocket motor firing. 
Sources subject to subpart C are: extraction plants, ceramic plants, 
foundries, incinerators, and propellant plants and machine shops which 
process beryllium.
    Beryllium emission is also regulated by 20 NMAC 2.74, Prevention of 
Significant Deterioration. Major sources which have emission rates 
which are greater than a certain threshold or any emission rate which 
would result in an air concentration greater than a certain threshold 
shall apply Best Available Control Technology (BACT), provide for air 
quality monitoring of beryllium, and perform ambient air quality impact 
analyses.
    2. Asbestos emissions are regulated under 40 CFR part 61 subpart M, 
National Emission Standards for Asbestos, in which strict requirements 
are laid out for the emissions, processing and handling of asbestos for 
many sources. Through 20 NMAC 2.78, Emission Standards for Hazardous 
Air Pollutants, New Mexico has the authority to implement and enforce 
Federal standards for asbestos.
    Asbestos emissions are also controlled under the state regulation 
20 NMAC 2.74, Prevention of Significant Deterioration. Major sources 
which have emission rates which are greater than a certain threshold 
shall apply BACT, provide for air quality monitoring of asbestos, and 
perform ambient air quality impact analyses.
    3. Heavy Metals. Heavy metal emissions are regulated under 
permitting rules. The air toxics portion of 20 NMAC 2.72, Permits, 
includes emission rate thresholds and Occupational Exposure Limit (OEL) 
thresholds on a number of heavy metals. These metals are barium, 
cadmium, chromium, cobalt, copper, hafnium, indium, manganese, 
molybdenum, nickel, platinum, rhodium, silver, tantalum, tellurium, 
thallium, tin, tungsten, uranium, vanadium, yttrium, and zirconium. If 
emission rates are greater than the emission rate threshold, or 
modeling shows that the eight-hour average ambient concentration of the 
toxic air pollutant exceeds one-one hundredth of the OEL, the permit 
application shall include a health assessment for the toxic air 
pollutant under consideration.
    Lead and mercury are also controlled under the state regulation 20 
NMAC 2.74, Prevention of Significant Deterioration, which establishes 
emission rate and air quality concentration thresholds. If these 
thresholds are exceeded, the major source shall apply BACT, provide for 
air quality monitoring, and perform ambient air quality impact 
analyses.

C. Photochemical Oxidants

    The ambient air quality standard for photochemical oxidants, 20 
NMAC 2.3.111.C, formerly AQCR 201.B, has been deleted. This deletion 
takes into account the revision of the national standard.
    The EPA promulgated ambient air quality standards for photochemical 
oxidants in 1971 (36 FR 8186). In accordance with the provisions of 
sections 108 and 109 of the Clean Air Act (the Act) as amended, EPA 
reviewed and revised the standard on February 8, 1978 (44 FR 8202). The 
revisions include: (1) raising the primary and secondary standard from 
0.08 to 0.12 parts per million and (2) changing the chemical 
designation of the standard from photochemical oxidants to ozone.
    Oxidants are strongly oxidizing compounds, which are the primary 
constituents of photochemical smog. The oxidant found in largest 
amounts is ozone, a very reactive form of oxygen. Oxidants also include 
the group of compounds referred to collectively as peroxyacylnitrates 
and other compounds, all produced in much smaller quantities than 
ozone.

[[Page 50516]]

    Most of these materials are not emitted directly into the 
atmosphere but result primarily from a series of chemical reactions 
between oxidant precursors (nitrogen oxides and organic compounds) in 
the presence of sunlight. The principal sources of organic compounds 
are the hydrocarbon emissions from automobile and truck exhausts, 
gasoline vapors, paint solvent evaporation, open burning, dry cleaning 
fluids, chemical plants and other industrial operations. Nitrogen 
oxides are emitted primarily from combustion sources such as electric 
power generation units, gas and oil-fired space heaters, and 
automobile, diesel and jet engines.
    The reduction in emissions of nitrogen oxides and organic compounds 
are achieved through Federal and State programs that have been 
formalized in regulations promulgated under the Act.
    The deletion does not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable requirement of the Act.

D. Soiling Index

    Soiling Index of Ambient Air Quality Standards, 20 NMAC 2.3.112, 
has been deleted. This revision takes into account the availability of 
improved methods. The State is revising the plan consistent with the 
applicable requirements.

E. Smoke and Visible Emissions

    Smoke and Visible Emissions, 20 NMAC 2.61, establishes controls on 
smoke and visible emissions for certain sources. The Part is revised by 
the addition of Section 111(D) which provides an exclusion ``for 
sources subject to the provisions of 20 NMAC 2.70, emissions which 
result from insignificant activities as defined 20 NMAC 2.70.'' The 
proposed change intends to allow sources covered by Part 70 to use the 
definition of insignificant activities in Part 70 to determine 
compliance. This addition will not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable requirements of the Act.

F. Schedules of Compliance

    Schedules of Compliance, AQCR 705, has been repealed. Regulation 
705 was incorporated into the SIP, and codified at 40 CFR 
52.1620(c)(9). The regulation created provisions for sources to come 
into compliance with subsequent State or Federal air control laws under 
extended schedules. Since most current statutes have their own 
compliance schedules, this would only be used in cases where a source 
required a variance to come into compliance. Repeal of this provision 
would oblige sources seeking a schedule of compliance to adhere to 40 
CFR 51.262. This revision does not weaken the New Mexico SIP in any 
discernable way.

G. Air Quality Maintenance Areas

    Air Quality Maintenance Areas, AQCR 706, has been repealed. 
Regulation 706 is the state implementation of 40 CFR 51.40 subpart D, 
which was repealed in the regulatory reform action taken by the EPA. 
The regulation 40 CFR 51.40 was determined to have become legally 
obsolete upon passage of the 1990 Act Amendments. Similarly, Regulation 
706, implementing a Federal requirement, is obsolete.

H. Confidential Information Protection

    Confidential Information Protection, 20 NMAC 1.115, (formerly AQCR 
110) has been rewritten to more closely reflect NMED policy and the New 
Mexico Air Quality Control Act. The revision is consistent with the 
requirements applicable to implementation plans under 40 CFR 51.116, 
Data Availability.
    Section 115 lays out procedures for handling requests for 
confidentiality and the conditions which must be satisfied to keep 
information concerning air contaminant sources confidential.
    Concerning availability of data, Section 115 paragraph (B) states 
that Section 115 shall not be construed to prohibit disclosure of 
records and information: to representatives of the NMED, to 
representatives of the EPA, in any proceeding under the Air Quality 
Control Act or the Act, of data concerning nature and amount of 
emissions from any source, or limit the use of such records or 
information in any civil or criminal action.
    Furthermore, 20 NMAC 72, Permits, Section 210 states that the NMED 
shall make available for public inspection the permit application and 
the NMED's preliminary determination.

I. Procedures for Requesting a Variance Hearing

    Procedures for Requesting a Variance Hearing, AQCR 701, paragraph 
(C), has been rewritten and paragraphs (D) through (I) have been 
deleted. This revision is consistent with the requirements applicable 
to implementation plans under 40 CFR part 51. Paragraph (C) now states 
that any further action and proceeding shall be in accordance with 
general adjudicatory procedures of the Environmental Improvement Board. 
All other language that has been deleted concerns actions and hearings 
of the EIB. Since the Board hears and grants variances and it has 
standard adjudicatory procedures for hearings, paragraphs (D) through 
(I) of AQCR 701 are nonessential and redundant.

J. Construction Permits

    The 20 NMAC 2.72.103 has been revised to provide a stay of 
enforcement on the asphalt fumes portion of the air toxics list until 
September 1, 1997. The air toxics list is part of Subpart IV, Permits 
for Toxic Air Pollutant Emissions, which is not a part the New Mexico 
SIP. The actual revision wording, however, occurs in Section 103, 
Duration, which is part of the SIP.

V. Final Action

    By this action, the EPA is approving the recodification and 
revisions of the New Mexico SIP. The existing AQCRs have been 
renumbered and reformatted into the NMAC as required by the New Mexico 
State Records Center. As well as renumbering and reformatting 
regulations, standard administrative changes have been made throughout 
all AQCRs, and revisions made to seven particular AQCRs. The following 
table lists the submitted SIP AQCRs and the corresponding NMAC part 
number.
    The EPA has reviewed these recodification and revisions to the New 
Mexico SIP and is approving them as submitted.

------------------------------------------------------------------------
                                 NMAC                                   
           AQCR No.              part              NMAC title           
                                 No.                                    
------------------------------------------------------------------------
100..........................        2  Definitions.                    
110 *........................        1  General Provisions.             
200..........................        3  Ambient Air Quality Standards.  
201 *........................        3  Ambient Air Quality Standards.  
301..........................       60  Open Burning.                   
401 *........................       61  Smoke and Visibility Emissions. 
402..........................       10  Contingency-Use Woodwaste       
                                         Burners.                       
501..........................       11  Asphalt Processing Equipment.   
502..........................       12  Cement Kilns.                   
503..........................       13  Gypsum Processing Plants.       
504..........................       14  Particulate Emissions From Coal 
                                         Burning.                       
505..........................       15  Pumice Mica and Perlite Process 
                                         Equipment.                     
506..........................       16  Nonferrous Smelters--Particulate
                                         Matter.                        
506.1........................       17  Existing Nonferrous Smelters--  
                                         Particulate Matter--Additional 
                                         Requirements.                  
507..........................       18  Oil Burning Equipment--         
                                         Particulate Matter.            

[[Page 50517]]

                                                                        
508..........................       19  Potash, Salt or Sodium Sulfate  
                                         Processing Equipment--         
                                         Particulate Matter.            
509..........................       20  Lime Manufacturing Plants--     
                                         Particulate Matter.            
510..........................       21  Fugitive Particulate Matter     
                                         Emissions From Nonferrous      
                                         Smelters.                      
511..........................       22  Fugitive Particulate Matter     
                                         Emissions From the Roads Within
                                         the Town of Hurley.            
601..........................       30  Kraft Mills.                    
602..........................       31  Coal Burning Equipment--Sulfur  
                                         Dioxide.                       
603..........................       32  Coal Burning Equipment--Nitrogen
                                         Dioxide.                       
604..........................       33  Gas Burning Equipment--Nitrogen 
                                         Dioxide.                       
606..........................       34  Oil Burning Equipment--Nitrogen 
                                         Dioxide.                       
651..........................       40  Sulfuric Acid Production Units--
                                         Sulfur Dioxide, Acid Mist and  
                                         Visible Emissions.             
652..........................       41  Nonferrous Smelters--Sulfur.    
700..........................       75  Permit Fees.                    
701 *........................        1  General Provisions.             
702 *........................       72  Permits.                        
Part I.......................  .......  Subpart I--General Provisions.  
Part II......................  .......  Subpart II--Permit Processing   
                                         and Requirements.              
Part IV......................  .......  Subpart III--Source Class Permit
                                         Steamlining.                   
703.1........................       73  Notice Of Intent and Emissions  
                                         Inventory Requirements.        
704..........................        5  Source Surveillance.            
705 *........................        5  (Repealed).                     
706 *........................        5  (Repealed).                     
709..........................       79  Permits--Nonattainment Areas.   
710..........................       80  Stack Heights.                  
801..........................        7  Excess Emissions During         
                                         Malfunction, Startup, or       
                                         Scheduled Maintenance.         
901..........................        8  To Control Emissions Leaving New
                                         Mexico.                        
1001.........................        1  General Provisions.             
1101.........................        1  General Provisions.             
1201.........................        1  General Provisions.             
1301.........................        1  General Provisions.             
------------------------------------------------------------------------
* Indicates the revised AQCRs.                                          

    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective on November 25, 1997 unless, by October 27, 1997 adverse or 
critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent action that will withdraw 
the final action. All public comments received will be addressed in a 
subsequent final rule based the proposed rule for this action published 
elsewhere in this Federal Register. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting on 
this action should do so at this time. If no such comments are 
received, the public is advised that this action will be effective 
November 25, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

VI. Administrative Requirements

A. Executive Order (E.O.) 12866

    The Office of Management and Budget has exempted this regulatory 
action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    The SIP approvals under section 110 and subchapter I, part D of the 
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 impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a flexibility analysis would constitute Federal inquiry 
into the economic reasonableness of State action. The Act forbids EPA 
to base its actions concerning SIPs on such grounds. See Union Electric 
Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
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 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.
    The 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 
preexisting 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.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 25, 1997. 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

[[Page 50518]]

enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 8, 1997.
Lynda F. Carroll,
Acting Regional Administrator.

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

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart GG--New Mexico

    2. Section 52.1620 is amended by adding paragraph (c)(66) to read 
as follows:


Sec. 52.1620  Identification of plan.

* * * * *
    (c) * * *
    (66) Recodified and revised regulations of the New Mexico 
Administrative Code submitted by the Governor on January 8, and July 
18, 1996.
    (i) Incorporation by reference.
    (A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 
and 2, adopted by the New Mexico Environmental Improvement Board 
September 22, 1995, and filed with the State Records and Archives 
Center on September 27, 1995.
    (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 
5, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 
32, 33, 34, 40, 41, 60, 61, 70, 71, 72 (Subparts I, II and, III; 
Subpart V, Sections 501 and 502), 73, 75, 79, and 80; adopted by the 
New Mexico Environmental Improvement Board on October 20, 1995, and 
filed with the State Records and Archives Center on October 30, 1995.
    (C) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of 
Part 3, Section 112, adopted by the New Mexico Environmental 
Improvement Board December 8, 1995, and filed with the State Records 
and Archives Center on December 11, 1995.
    (D) New Mexico State Records Center transmittals repealing Air 
Quality Control Regulations 705 and 706; adopted by the New Mexico 
Environmental Improvement Board December 8, 1995; and filed with the 
State Records and Archives Center on December 11, 1995.
    (E) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 72, Section 103; adopted by the New Mexico Environmental 
Improvement Board on June, 18, 1996, and filed with the State Records 
and Archives Center on June 19, 1996.
    (ii) Additional material. None.

[FR Doc. 97-25502 Filed 9-25-97; 8:45 am]
BILLING CODE 6560-50-P