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[Federal Register Volume 71, Number 18 (Friday, January 27, 2006)]
[Rules and Regulations]
[Pages 4490-4495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-760]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NM-4-1-5208a; FRL-8025-5]

Approval and Promulgation of Implementation Plans; New Mexico, 
Visibility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
New Mexico State Implementation Plan (SIP). This revision satisfies the 
New Source Review (NSR) and monitoring plan requirements for 
visibility, otherwise known as the ``Phase I, Part I Visibility SIP.'' 
In addition, this revision includes the implementation control 
strategies, integral vistas protection, and long term strategies, 
otherwise known as the ``Phase I, Part II Visibility SIP.'' Lastly, EPA 
is removing the SIP disapprovals associated Phase I, Parts I and II, 
and the resultant Federal Implementation Plans (FIPs).

DATES: This rule is effective on March 28, 2006 without further notice, 
unless EPA receives adverse comment by February 27, 2006. 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 File ID No. NM-4-1-5208, 
by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     U.S. 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. Thomas Diggs at [email protected]. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, 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: Please include the text ``Public comment on File ID 
No. NM-4-1-5208'' in the subject line of the first page of your 
comments. EPA's policy is that all comments received will be included 
in the public file without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information

[[Page 4491]]

(CBI) or other information the disclosure of which is restricted by 
statute. Do not submit information through regulations.gov or e-mail if 
you believe that it is CBI or otherwise protected from disclosure. 
Regulations.gov 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 regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public file 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.
    Official File: Copies of the documents relevant to this action are 
in the official file which is available 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 am and 4:30 pm 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.
    Copies of any State submittals and EPA's TSD are also available for 
public inspection at the State Air Agency listed below during official 
business hours by appointment:
    New Mexico Environment Depart, Air Quality Bureau, 1190 St. Francis 
Drive, Santa Fe, New Mexico 87502.

FOR FURTHER INFORMATION CONTACT: Joe Kordzi, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-7186; fax number 
214-665-7263; e-mail address [email protected].

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

Outline

I. What Is the Background for This Action?
II. What Did the State Submit and How Did We Evaluate It?
    A. Phase I, Part I
    B. Phase I, Part II
III. What Is Our Final Action?
IV. Why Is This a ``Final Action?''
V. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    Section 169A of the Clean Air Act (CAA), 42 U.S.C. 7491, requires 
visibility protection for mandatory Class I Federal areas where EPA has 
determined that visibility is an important value. ``Mandatory Class I 
Federal areas'' are certain national parks, wilderness areas, and 
international parks, as described in Section 162(a) of the CAA, 42 
U.S.C. 7472(a), and 40 CFR 81.400-81.437. Section 169A specifically 
requires EPA to promulgate regulations requiring certain states to 
amend their SIPs to provide for visibility protection.
    On December 2, 1980, EPA promulgated the required visibility 
regulations at 45 FR 80084, codified at 40 CFR 51.300-51.307. These 
regulations required States to develop a visibility monitoring and NSR 
program and to submit SIPs to satisfy those provisions by September 2, 
1981 (See 45 FR 80091, codified at 40 CFR 51.302(a)(1)). That 
rulemaking resulted in numerous parties seeking judicial review of the 
visibility regulations. Please see the Technical Support Document (TSD) 
for more details concerning the history behind Phase I, Parts I and II.
    On February 13, 1986 (51 FR 5504), EPA promulgated Federal 
Implementation Plans (FIPs) which included a visibility monitoring 
strategy (40 CFR 52.26) and the appropriate visibility NSR programs (40 
CFR 52.21 and 52.28) for the State. This is known as the Phase I, Part 
I Visibility FIP, and is the subject of the first part of this action.
    On November 24, 1987 (52 FR 45132), EPA promulgated FIPs for 29 
States, including New Mexico, to incorporate visibility long-term 
strategies (40 CFR 52.29). EPA also found that Best Available Retrofit 
Technology (BART) requirements and other control measures were not 
necessary in 28 of the States because the visibility impairment could 
not be attributed to specific sources. This is known as the Phase I, 
Part II Visibility FIP, and is the subject of the second part of this 
action.

II. What Did the State Submit and How Did We Evaluate It?

A. Phase I, Part I

    On August 21, 1986, EPA Region 6 received a Phase I, Part I SIP 
Revision from the Governor of New Mexico for Visibility Protection and 
State regulations for monitoring and new source review. Please see the 
accompanying TSD for more details of EPA's review.
    New Mexico has nine mandatory Class I areas: (1) Bandelier 
Wilderness Area, (2) Bosque del Apache Wilderness Area, (3) Carlsbad 
Caverns National Park, (4) Gila Wilderness, (5) Pecos Wilderness Area, 
(6) Salt Creek Wilderness Area, (7) San Pedro Parks Wilderness Area, 
(8) Wheeler Peak Wilderness Area, and (9) White Mountain Wilderness 
Area. The SIP commits the State to visibility protection, consistent 
with the CAA, for the Class I areas within its boundaries. The SIP is 
to be reviewed by New Mexico every three years and revised as 
necessary.
Visibility Monitoring Strategy
    40 CFR 51.305 requires each State containing a mandatory Class I 
Federal area to include in the plan a strategy for evaluating 
reasonably attributable visibility impairment in any mandatory Class I 
Federal area by visual observation or other appropriate monitoring 
techniques. The intent of this requirement is to generate data for 
evaluating visibility impairment trends, determine potential impacts of 
new sources, assess the effectiveness of the visibility protection 
program, and identify major contributing sources. This requirement can 
be adequately addressed by determining the background visibility 
conditions in and around visibility protection areas, and documenting 
the extent of any visibility impairment that can be attributed to a 
source or small group of sources.
    Visibility impairment is the human perception of the effects of 
natural or man-made conditions which reduce visual range or contrast, 
or coloration change. Thus, a visibility monitoring program should 
identify these effects as well as differentiate man-made effects from 
natural conditions. The program could generate various types of data 
such as reports from human observers, photographs, and/or automated 
instruments. The minimum data collection technique that 40 CFR 51.305

[[Page 4492]]

requires is visual observation. However, other more objective 
techniques are available.\1\
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    \1\ ``Visibility Monitoring Guidance Document'', Office of Air 
Quality Planning and Standards, June 1999 (EPA 454/R-99-003). This 
is available at: http://www.epa.gov/ttn/amtic/files/ambient/visible/r-99-003.pdf.
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    The monitoring section of the New Mexico Visibility Protection Plan 
has been updated since the submission of this SIP Revision for 
Visibility Protection, and consists of three data collection methods:
    (1) Monitoring by the Federal Land Manager (FLM),
    (2) Discretionary monitoring by sources proposing to locate or 
modify in an area where emissions may impact Class I areas, and
    (3) Implementation of the state monitoring network.
    Monitoring by the FLM is done through the Interagency Monitoring of 
Protected Visual Environments (IMPROVE) program. The IMPROVE program is 
a cooperative effort led by a steering committee of representatives 
from federal and regional-State organizations. The IMPROVE monitoring 
network was established in 1985 to aid in the construction of SIPs for 
the protection of visibility in Class I areas, as stipulated in the 
CAA. The following table lists the FLMs, the Class I areas each 
presides over, and the kinds of visibility monitoring instrumentation 
used at each Class I area in New Mexico:

                                      Federal Land Managers, Class I Areas, and Monitoring Equipment in New Mexico
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       Federal land manager                              Class I areas                                     Visibility monitoring instrument
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Forest Service...................  Gila Wilderness Area....................................  Nephelometer.
                                   Pecos Wilderness Area...................................  Represented by transmissometer at Bandelier Wilderness
                                                                                              Area.
                                   San Pedro Parks Wilderness Area.........................  Modular aerosol sampler.
                                   Wheeler Peak Wilderness Area............................  Modular aerosol sampler.
                                   White Mountain Wilderness Area..........................  Modular aerosol sampler.
National Park Service............  Bandelier Wilderness Area...............................  Transmissometer.
                                   Carlsbad Caverns National Park..........................  Represented by transmissometer at Guadalupe Mountains
                                                                                              National Park.
Fish and Wildlife Service........  Bosque del Apache Wilderness Area.......................  Modular aerosol sampler.
                                   Salt Creek Wilderness Area..............................  Modular aerosol sampler.
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    In addition to the IMPROVE network, the State may require sources 
proposing to locate or modify in the locale where emissions may impact 
Class I areas to model or monitor visibility if, at the discretion of 
the New Mexico Environment Department, the emissions from the facility 
are such that the facility is predicted to have significant impact on 
visibility. The purpose of this modeling or monitoring would be to 
quantify impacts to visibility from the facility at the Class I area.
    Lastly, the State itself operates 32 separate monitoring sites 
across the state, each monitoring one or more of the criteria 
pollutants. This monitoring network includes twelve ozone monitors, 
eight nitrogen dioxide monitors, five sulfur dioxide monitors, three 
carbon monoxide monitors, fourteen PM 2.5 (particles 2.5 microns or 
less in diameter) monitors, and fifteen PM 10 (particles 10 microns or 
less in diameter) monitors. Additional details of the air quality 
monitoring in New Mexico can be found at http://www.nmenv.state.nm.us/aqb/reghaz/Regional-Haze_index.html.
New Source Review
    40 CFR 51.307 requires states to review new major stationary 
sources and major modifications prior to construction to assess 
potential impacts on visibility in any visibility protection area, 
regardless of the air quality status of the area in which the source is 
located. These requirements ensure that (1) The visibility impact 
review is conducted in a timely and consistent manner, (2) the 
reviewing authority considers any timely FLM analysis demonstrating 
that a proposed source would have an adverse impact on visibility, and 
(3) public availability of the permitting authority's conclusion.
    40 CFR 51.307 addresses visibility NSR in two parts. The first part 
addresses major stationary sources or major modifications that would be 
constructed in an area that is designated attainment or unclassified 
under section 107(d)(1)(D) or (E) of the CAA. For major stationary 
sources reviewed under the Prevention of Significant Deterioration 
(PSD) requirements of 40 CFR 51.166 for visibility protection, the 
State must comply with certain FLM notification requirements, and must 
consider any FLM visibility impairment analyses. In order to address 
this requirement, New Mexico incorporated into the NSR section of its 
visibility SIP, regulation 20.2.74 NMAC, ``Permits--Prevention of 
Significant Deterioration'' (originally submitted as AQCR 707 and since 
recodified). EPA approved regulation 20.2.74 NMAC on October 15, 1996 
(61 FR 53642). The SIP commits to the notification time frame 
requirements to the FLM. It also commits to provide an explanation of 
its decision should it disagree with the FLM's assessment on a proposed 
source's impact on visibility, and to give notice as to where that 
explanation can be obtained.
    The second part to visibility NSR addresses major stationary 
sources or major modifications that are proposed in an area classified 
as nonattainment under section 107(d)(1)(A), (B), or (C) of the CAA. 
Major sources in nonattainment areas that may impact a visibility 
protection area must provide a visibility impact analysis, and the 
State must ensure that the sources' emissions are consistent with the 
goal of making reasonable progress toward national visibility. In order 
to address this requirement, New Mexico has incorporated into the NSR 
section of its visibility SIP, regulation 20.2.79 NMAC, ``Permits--
Nonattainment Areas'' (originally submitted as AQCR 709 and since 
recodified). EPA approved regulation 20.2.79 NMAC on February 8, 2002 
(67 FR 6147). The State must also follow the same FLM notification and 
visibility impairment analyses requirements for major stationary 
sources reviewed under the visibility PSD requirements, above, which it 
commits to do in its SIP.
    In addition, the SIP revision includes regulations 20.2.60 NMAC, 
``Open Burning'' (originally submitted as AQCR 301 and since 
recodified); 20.2.61 NMAC, ``Smoke and Visible Emissions'' (originally 
submitted as AQCR 401 and since recodified); and 20.2.10 NMAC, ``Wood 
Waste Burners'' (originally submitted as AQCR 402 and since

[[Page 4493]]

recodified). These regulations, among other things, control particulate 
matter emissions and visible emissions, and provide for smoke 
management. These regulations have all been adopted by the New Mexico 
Environmental Improvement Board, were filed at the State Records 
Center, and have become effective. EPA approved regulations 20.2.10 
NMAC, 20.2.60 NMAC, and 20.2.61 NMAC on September 26, 1997 (62 FR 
50518).
FLM Coordination
    Under Section 165(d) of the CAA, and 40 CFR 51.166(p), the FLM is 
given an affirmative responsibility to protect air quality related 
values, including visibility, in lands within a Class I area. The 
visibility regulations under 40 CFR 51.301 allow the FLM the 
opportunity to identify visibility impairment and to identify elements 
for inclusion in monitoring strategies.
    The State of New Mexico has accorded the FLM opportunities to 
participate and comment on its visibility SIP and regulations. Comments 
by the FLM were considered and incorporated where applicable. The State 
has committed in the SIP to consult continually with the FLM on the 
review and implementation of the visibility program. Further, the State 
recognizes the expertise of the FLM in monitoring and new source 
applicability analyses for visibility and has agreed to notify the FLM 
of any advance notification or early consultation with a major new or 
modifying source prior to the submission of the permit application.

B. Phase I, Part II

    On October 8, 1992, EPA Region 6 received a Phase I, Part II SIP 
from the Governor of New Mexico for implementation control strategies, 
the identification of integral vistas, and long term strategy 
requirements. Please see the accompanying TSD for more details of EPA's 
review.
Implementation Control Strategies for Reasonably Attributable 
Visibility Impairment
    Reasonably Attributable Visibility Impairment (RAVI) is visibility 
impairment that can be traced to one, or a small number of sources. 
This contrasts with regional haze (the subject of Phase II visibility 
control), which is widespread, regionally undifferentiated haze due to 
a multitude of sources. The implementation control strategies for the 
RAVI portion of 40 CFR 51.302 include requirements addressing plan 
revision procedures, State and FLM coordination, and general plan 
requirements for RAVI.
    The plan revision procedures requirements are found in Sec.  
51.302(a) and include (1) a deadline for submission of the SIP; (2) a 
requirement to conduct public hearings prior to adoption of any SIP 
that address RAVI; and (3) written notification of the hearings to the 
FLMs and other affected States, and opportunity for the public to 
inspect the FLM comments. Because EPA promulgated a FIP due to New 
Mexico's failure to submit a Phase I, Part II SIP, the SIP submission 
deadline requirement of Sec.  51.302(a) is moot. In addition, as 
described in the TSD, New Mexico has satisfied the remaining plan 
revision procedural requirements of Sec.  51.302(a), by conducting a 
public hearing prior to adoption of the SIP and providing for 
inspection of the FLM comments.
    The State and FLM coordination requirements are found in Sec.  
51.302(b) and include requirements that the State identify to the FLMs 
the person to whom comments should be submitted, and provide an 
opportunity for consultation prior to, and after adoption of the SIP. 
New Mexico has demonstrated historic and continuing (through the three 
year reports, discussed below) communication and cooperation with the 
FLMs. Additional details regarding how New Mexico satisfied these 
requirements can be found in the TSD.
    The general plan requirements for RAVI are found in Sec.  
51.302(c). These requirements provide for the adoption of specific 
measures designed to control sources that contribute to the RAVI. As 
the FLMs have not identified RAVI at any Class I areas in New Mexico, 
the long-term strategy does not require ongoing or additional emission 
reductions from existing sources. Consequently, the requirements of 
Sec.  51.302(c) are not applicable.
Identification of Integral Vistas
    Section 51.304 provided that on or before December 31, 1985, the 
FLMs had an opportunity to have identified integral vistas in the 
State. Integral Vistas means a view perceived from within the mandatory 
Class I Federal area of a specific landmark or panorama located outside 
the boundary of the mandatory Class I Federal area. The visibility 
protection afforded by the Phase I, Part II SIP extends to any integral 
vistas the FLMs identified. Since the FLMs did not identify any 
integral vistas within the State prior to the December 31, 1985 
deadline, Sec.  51.304 does not apply, and the integral vistas 
protection requirements within 40 CFR 51.302 to 51.307 do not apply.
Long-Term Strategy Requirements for RAVI
    The long-term strategy requirements for RAVI of Sec.  51.306 are 
designed to ensure reasonable progress toward the national visibility 
goal. The national visibility goal includes the prevention of any 
future, and the remedying of any existing, manmade impairment of 
visibility in Class I areas. As discussed in the TSD in more detail, 
because the FLMs have not identified any RAVI, or integral vistas, the 
State's permitting programs for implementing the visibility NSR and PSD 
requirements are deemed sufficient to meet the long-term strategy 
requirements for preventing future impairment from major stationary 
sources or major modifications. The State is also required under Sec.  
51.306(c) to perform periodic review, and revisions as appropriate, of 
the long-term strategy at least every three years. The State has in 
fact been submitting these reviews every three years, with the last 
being submitted in June of 2003. They have all been deemed 
satisfactory.

III. What Is Our Final Action?

    The EPA is approving a revision to the New Mexico SIP. This SIP 
revision and accompanying regulations meet all of the requirements for 
NSR and visibility monitoring requirements under 40 CFR 51.305 and 
51.307 (excluding integral vistas), for a Phase I, Part I Visibility 
Protection Plan. This SIP revision also meets all of the requirements 
for implementation control strategies under 40 CFR 51.302, integral 
vistas protection under 40 CFR 51.302 to 51.307, and long-term 
strategies under 40 CFR 51.306 for a Phase I, Part II Visibility 
Protection Plan. In addition, EPA is removing the SIP disapprovals 
associated Phase I, Parts I and II, and the resultant FIPs.

IV. Why Is This a ``Final Action?''

    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial 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 adverse comments 
are received. This rule will be effective on March 28, 2006 without 
further notice unless we receive adverse comment by February 27, 2006. 
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

[[Page 4494]]

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 at this time. 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.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement 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 rule 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 28, 2006. 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 enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: January 18, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

0
Chapter I, title 40 of the Code of Federal Regulations 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.

Subchapter GG--New Mexico

0
2. The table in Sec.  52.1620(e) entitled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is 
amended by adding one new entry to the end of the table to read as 
follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

[[Page 4495]]

                                EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Applicable geographic or    State submittal/effective
       Name of SIP provision              nonattainment area                  date                     EPA approval date                Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
New Mexico Visibility Protection     Statewide..................  08/21/86                     01/27/06 [Insert FR page number
 Plan for Phase I, Part I of the                                                                where document begins].
 Federal Visibility Requirements,
 August 8, 1986.
New Mexico Visibility Protection     Statewide..................  10/08/92                     01/27/06 [Insert FR page number
 Plan for Phase I, Part II of the                                                               where document begins].
 Federal Visibility Requirements,
 September 9, 1992.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  52.1636  [Removed and Reserved]

0
3. Section 52.1636 is removed and reserved.

[FR Doc. 06-760 Filed 1-26-06; 8:45 am]
BILLING CODE 6560-50-P
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