Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations 21169 

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 

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: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://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 http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

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 http:// 

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 

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21170 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations 

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 http:// 

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 

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Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations 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 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 

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] 

NMAC 20.2.99 section State effective 

date 

Submittal date 

to EPA 

109, 114, 116, 117, 118, 120, 121, 123, 129, 136, 143, 144, 145, 146, 147, 149, 152, 153, 154 ....................... 10/15/2005 11/2/2006 

150 ........................................................................................................................................................................... 9/1/2007 6/27/2007 

2, 7, 111, 112, 113, 115, 122, 124, 125, 128, 133, 134, 135, 137, 138, 139, 140, 148, 151 ............................... 6/1/2009 5/13/2009 

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 

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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).) 

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. 

■ 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. 

Subpart GG—New Mexico 

■ 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 Title/subject 

State 

approval/ 

effective date 

EPA approval date Explanation 

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 Determinations ........ 6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.112 ........................ Frequency of Conformity Determinations— 

Transportation Plans.

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.113 ........................ Frequency of Conformity Determinations— 

Transportation Improvement Programs.

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.114 ........................ Frequency of Conformity Determinations— 

Projects.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.115 ........................ Frequency of Conformity Determinations— 

Triggers for Transportation Plan and Tip 

Conformity Determinations.

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

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Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations 21173 

EPA-APPROVED NEW MEXICO REGULATIONS—Continued 

State citation Title/subject 

State 

approval/ 

effective date 

EPA approval date Explanation 

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 Consultation ......................... 10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.118 ........................ Agency Responsibilities in Consultation .......... 10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.119 ........................ General Consultation Procedures ................... 11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.120 ........................ Consultation Procedures for Specific Major 

Activities.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.121 ........................ Consultation Procedures for Specific Routine 

Activities.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.122 ........................ Notification Procedures for Routine Activities 6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.123 ........................ Conflict Resolution and Appeals to the Governor.10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.124 ........................ Public Consultation Procedures ...................... 6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.125 ........................ Content of Transportation Plans and Timeframes of Conformity Determinations.6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.126 ........................ Relationship of Transportation Plan and Tip 

Conformity to the NEPA Process.

11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.127 ........................ Fiscal Constraints for Transportation Plans 

and TIPs.

11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.128 ........................ Criteria and Procedures for Determining Conformity of Transportation Plans, Programs, 

and Projects—General.

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.129 ........................ Criteria and Procedures—Latest Planning Assumptions.10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.130 ........................ Criteria and Procedures—Latest Emissions 

Model.

11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.131 ........................ Criteria and Procedures—Consultation ........... 11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.132 ........................ Criteria and Procedures—Timely Implementation of TCMs.11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.133 ........................ Criteria and Procedures—Currently Conforming Transportation Plan and TIP.6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.134 ........................ Criteria and Procedures—Projects from a 

Transportation Plan and TIP.

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.135 ........................ Criteria and Procedures—Localized Co, PM10, 

and PM2.5 Violations (Hot Spots).

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.136 ........................ Criteria and Procedures—Compliance with 

PM10, and PM2.5 Control Measures.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.137 ........................ Criteria and Procedures—Motor Vehicle Emissions Budget.6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.138 ........................ Criteria and Procedures—Interim Emissions in 

Areas without Motor Vehicle Emissions 

Budgets.

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.139 ........................ Consequences of Control Strategy Implementation Plan Failures.6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.140 ........................ 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 4/23/2010, [Insert FR 

page number where 

document begins].

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21174 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations 

EPA-APPROVED NEW MEXICO REGULATIONS—Continued 

State citation Title/subject 

State 

approval/ 

effective date 

EPA approval date Explanation 

20.2.99.141 ........................ Procedures for Determining Regional Transportation-Related Pollutant Emissions— 

General Requirements.

11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.142 ........................ Procedures for Determining Regional Transportation-Related Pollutant Emissions— 

Analysis in Serious, Severe, and Extreme 

Ozone Nonattainment Areas and Serious 

Carbon Monoxide Areas.

11/23/1998 3/20/2000, 65 FR 14873 

20.2.99.143 ........................ Procedures for Determining Regional Transportation-Related Pollution Emissions— 

Two-Year Grace Period for Regional Emissions Analysis Requirements in Certain 

Ozone and Co Areas.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.144 ........................ Procedures for Determining Regional Transportation-Related Pollutant Emissions— 

Areas Which are not Serious, Severe or Extreme Ozone Nonattainment Areas or Serious Carbon Monoxide Areas.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.145 ........................ Procedures for Determining Regional Transportation-Related Pollutant Emissions— 

PM10 from Construction-Related Fugitive 

Dust.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.146 ........................ Procedures for Determining Regional Transportation—Related Pollutant Emissions— 

PM2.5 from Construction—Related Fugitive 

Dust.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.147 ........................ Procedures for Determining Regional Transportation-Related Pollutant Emissions—Reliance on Previous Regional Emissions 

Analysis.

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.148 ........................ Procedures for Determining Localized CO, 

PM10, and PM2.5 Concentrations (Hot-Spot 

Analysis).

6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.149 ........................ Using the Motor Vehicle Emissions Budget in 

the SIP (or Implementation Plan Submission).

10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.150 ........................ Enforceability of Design Concept and Scope 

and Project-Level Mitigation and Control 

Measures.

9/1/2007 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.151 ........................ Exemptions ...................................................... 6/1/2009 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.152 ........................ Traffic Signal Synchronization Projects ........... 10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.153 ........................ Special Exemptions from Conformity Requirements for Pilot Program Areas.10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

20.2.99.154 ........................ Savings Provision ............................................ 10/15/2005 4/23/2010, [Insert FR 

page number where 

document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2010–9366 Filed 4–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

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