[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Rules and Regulations]
[Page 19020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07995]



[[Page 19020]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0938; FRL-9925-86-Region 6]


Approval and Promulgation of Implementation Plans; New Mexico; 
Transportation Conformity and Conformity of General Federal Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: On February 10, 2015, the Environmental Protection Agency 
(EPA) published a direct final rule approving revisions to the New 
Mexico State Implementation Plan (SIP). These revisions amend the State 
transportation conformity provisions and remove the State general 
conformity provisions from the SIP, as allowed by the 2005 amendments 
to the Clean Air Act (CAA). The direct final rule was published without 
prior proposal because EPA anticipated no adverse comments. EPA stated 
in the direct final rule that if EPA received relevant, adverse 
comments by March 12, 2015, EPA would publish a timely withdrawal in 
the Federal Register. EPA received a relevant, adverse comment on March 
10, 2015, and accordingly is withdrawing the direct final rule, and in 
a separate subsequent final rulemaking will address the comment 
received. The withdrawal is being taken pursuant to section 110 of the 
CAA.

DATES: The direct final rule published on February 10, 2015 (80 FR 
7341), is withdrawn effective April 8, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Riley (6PD-L), Air 
Planning Section, telephone (214) 665-8542, fax (214) 665-6762, email: 
[email protected].

SUPPLEMENTARY INFORMATION: On February 10, 2015, EPA published a direct 
final rule approving revisions to the New Mexico SIP. These revisions 
amend the State transportation conformity provisions and remove the 
State general conformity provisions from the SIP, as allowed by the 
2005 amendments to the CAA. The direct final rule was published without 
prior proposal because EPA anticipated no adverse comments. EPA stated 
in the direct final rule that if relevant, adverse comments were 
received by March 12, 2015, EPA would publish a timely withdrawal in 
the Federal Register. EPA received a comment on March 10, 2015 from the 
Sierra Club stating in relevant part, that an Acting Regional 
Administrator cannot sign approvals, disapprovals, or any combination 
of approvals or disapproval, in whole or in part, due to the fact that 
the authority to act on agency actions on state implementation plans is 
delegated only to, and therefore can only be signed by, the Regional 
Administrator. EPA considers this a relevant, adverse comment and 
accordingly is withdrawing the direct final rule. In a separate 
subsequent final rulemaking EPA will address the comment received. The 
withdrawal is being taken pursuant to section 110 of the CAA.

List of Subjects in 40 CFR Part 52

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

    Dated: March 31, 2015.
Ron Curry,
Regional Administrator, Region 6.

    Accordingly, the amendments to 40 CFR 52.1620 published in the 
Federal Register on February 10, 2015 (80 FR 7341), which were to 
become effective on April 13, 2015, are withdrawn.

[FR Doc. 2015-07995 Filed 4-8-15; 8:45 am]
 BILLING CODE 6560-50-P