[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Proposed Rules]
[Pages 18990-18991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7562]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-NM-0006; FRL-9653-5]


Approval and Promulgation of Implementation Plans; New Mexico; 
Construction Permit Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions which repeal and replace 
existing rules, and revisions to the applicable State Implementation 
Plan (SIP) for New Mexico submitted by the State of New Mexico on April 
11, 2002, and April 25, 2005, which relate to construction permit fee 
requirement regulations. The repeal and replace and SIP revisions 
included in this action would address section 110(a)(2) Clean Air Act 
(the Act or CAA) requirements related to fees for reviewing and acting 
on specific air quality construction permit applications received by 
the New Mexico Environment Department (NMED or Department) and for 
implementing and enforcing the terms and conditions of the construction 
permit, excluding any court costs or other costs associated with an 
enforcement action. EPA has determined that these SIP revisions comply 
with the Clean Air Act and EPA regulations and are consistent with EPA 
policies. This action is being taken under section 110 of the Act.

DATES: Comments must be received on or before April 30, 2012.

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

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Mohr, Air Permits Section 
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733, telephone (214) 665-7289; fax 
number (214) 665-6762; email address [email protected].

SUPPLEMENTARY INFORMATION: In the final rules section of this Federal 
Register, EPA is approving the State's SIP submittal as a direct final 
rule without prior proposal because the

[[Page 18991]]

Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. A detailed rationale for the approval is set forth in 
the direct final rule. If no relevant adverse comments are received in 
response to this action, no further activity is contemplated. If EPA 
receives relevant adverse comments, the direct final rule will be 
withdrawn and all public comments received will be addressed in a 
subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time. Please note that if EPA 
receives adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, EPA may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.
    For additional information, see the direct final rule which is 
located in the rules section of this Federal Register.

    Dated: March 16, 2012.
Al Armendariz,
Regional Administrator, EPA Region 6.
[FR Doc. 2012-7562 Filed 3-28-12; 8:45 am]
BILLING CODE 6560-50-P