Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations 17865 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

* * * * * * * 

Reasonable Further Progress 

Plan (RFP), Reasonably 

Available Control Measures, 

and Contingency Measures.

Delaware portion of the Philadelphia 1997 8-hour ozone 

moderate nonattainment 

area.

6/13/07 4/8/10 [Insert page number 

where the document begins].

2002 Base Year Inventory for 

VOC, NOX, and CO.

Delaware portion of the Philadelphia 1997 8-hour ozone 

moderate nonattainment 

area.

6/13/07 4/8/10 [Insert page number 

where the document begins].

2008 RFP Transportation 

Conformity Budgets.

Delaware portion of the Philadelphia 1997 8-hour ozone 

moderate nonattainment 

area.

6/13/07 4/8/10 [Insert page number 

where the document begins].

■ 3. Section 52.423 is amended by 

revising the section heading and by 

adding paragraph (b) to read as follows: 

§ 52.423 Base Year Emissions Inventory. 

* * * * * 

(b) EPA approves as a revision to the 

Delaware State Implementation Plan the 

2002 base year emissions inventories for 

the Delaware portion of the 

Philadelphia 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Department of 

Natural Resources and Environmental 

Control on June 13, 2007. This submittal 

consists of the 2002 base year point, 

area, non-road mobile, and on-road 

mobile source inventories in area for the 

following pollutants: Volatile organic 

compounds (VOC), carbon monoxide 

(CO) and nitrogen oxides (NOX). 

■ 4. Section 52.426 is amended by 

adding paragraphs (g) and (h) to read as 

follows: 

§ 52.426 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(g) EPA approves revisions to the 

Delaware State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measures, and 

contingency measures for the Delaware 

portion of the Philadelphia 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Secretary of the 

Department of Natural Resources and 

Environmental Control on June 13, 

2007. 

(h) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Delaware portion of the 

Philadelphia 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Department of 

Natural Resources and Environmental 

Control on June 13, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE DELAWARE PORTION OF THE PHILADELPHIA AREA FOR THE

2008 RATE OF PROGRESS PLAN

County 

2008 Emissions 

(tons per day) Effective date of adequacy determination or SIP 

approval 

VOC NOX

Kent .......................................................................... 4.14 9.68 January 5, 2009, (73 FR 77682), published December 19, 2008. 

New Castle ............................................................... 10.61 21.35 

Sussex ...................................................................... 7.09 12.86 

State Total ......................................................... 21.84 43.89 

[FR Doc. 2010–7878 Filed 4–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0731; FRL–9129–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Particulate Matter 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Wisconsin updated its state 

ambient air quality standards rules to 

match the current Federal standards. 

The updates were made to the 

particulate matter standards by adding 

fine particulate standards and revoking 

the state’s course particulate standards. 

EPA revised its particulate matter 

standards in October 2006 by 

strengthening the 24-hour fine 

particulate standard and revoking the 

annual standard for course particulate. 

EPA is approving the revisions to the 

Wisconsin State Implementation Plan 

(SIP) as requested by the state on 

September 11, 2009. 


sroberts on DSKD5P82C1PROD with RULES
17866 Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations 

DATES: This direct final rule will be 

effective June 7, 2010, unless EPA 

receives adverse comments by May 10, 

2010. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0731, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: compher.michael@epa.gov. 

3. Fax: (312) 692–2511. 

4. Mail: Michael Compher, Acting 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Michael Compher, 

Acting Chief, Criteria Pollutant Section, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0731. 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 the disclosure of which 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 Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What is EPA’s analysis of the revision? 

III. What are the environmental effects of this 

action? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Wisconsin requested a revision to its 

SIP on September 11, 2009. The request 

is to update the particulate matter 

ambient air quality standards. The 

particulate matter standards were 

revised to match the 2006 Federal 

standards. On October 17, 2006, EPA 

revised its particulate matter ambient air 

quality standards, strengthening the 24- 

hour fine particulate (PM2.5) standard 

and retaining the annual PM2.5 standard. 

EPA also revoked the annual standard 

for coarse particulate matter (PM10) 

because available evidence did not 

suggest a link between long term PM10

exposure and health problems. The 24- 

hour PM10 standard remains in place. 

II. What is EPA’s analysis of the 

revision? 

Wisconsin revised chapters NR 404 

and 484 of the Wisconsin 

Administration Code. Wisconsin added 

the definition of PM2.5 and the PM2.5

ambient air quality standards to its rules 

to be consistent with current Federal 

standards. Wisconsin also removed the 

annual PM10 standard. 

The revisions made by Wisconsin are 

in accordance with the current Federal 

PM2.5 and PM10 standards. EPA 

strengthened the particulate matter 

ambient air quality standards in 2006 to 

reflect the latest scientific data for 

protecting human health, and 

Wisconsin has adopted the same 

standards to keep its ambient air quality 

standards current with the Federal 

standards. 

III. What are the environmental effects 

of this action? 

This action incorporates the Federal 

PM2.5 and PM10 ambient air quality 

standards into the Wisconsin SIP, 

including the more stringent standard 

for 24-hour PM2.5 standard. The current 

Federal standards are effective and 

enforceable nationwide. The revisions 

add clarity for Wisconsin sources and 

stakeholders, as it updates the PM10

standards and adds the PM2.5 standards 

to the state rules. 

Particulate matter interferes with lung 

function when inhaled. Exposure to 

particulates can cause heart and lung 

disease. Particulate matter also 

aggravates asthma. Airborne particulate 

is the main source of haze that causes 

a reduction in visibility. Particulate 

matter is also deposited on the ground 

and in the water, changing nutrient and 

chemical balances. 

IV. What action is EPA taking? 

EPA is approving revisions to the 

Wisconsin SIP. Wisconsin revised 

chapters NR 404 and 484 of the 

Wisconsin Administration Code. In 

chapter NR 404, the state removed the 

annual PM10 standard, added the 

definition of PM2.5, and added the 2006 

PM2.5 standards. Wisconsin 

incorporated by reference the Code of 

Federal Regulations (CFR) monitoring 

requirements into chapter NR 484 that 

correspond to the chapter NR 404 

revisions. Specifically, Wisconsin 

incorporated 40 CFR part 50 appendices 

K, L, and M and 40 CFR part 53 by 

reference into chapter NR 484. 

We are publishing this action without 

prior proposal because we view this as 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations 17867 

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 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective June 7, 2010 without further 

notice unless we receive relevant 

adverse written comments by May 10, 

2010. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If we do not receive any comments, this 

action will be effective June 7, 2010. 

V. 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 

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 7, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Particulate matter. 

Dated: March 11, 2010. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 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 YY—Wisconsin 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(121) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(121) On September 11, 2009, the 

Wisconsin Department of Natural 

Resources submitted a State 

Implementation Plan revision request. 

The state’s ambient air quality standards 

were revised to match the 2006 Federal 

ambient air quality standards for 

particulate matter (PM10 and PM2.5). 

(i) Incorporation by reference. The 

following sections of the Wisconsin 

Administrative Code are incorporated 

by reference: 

(A) NR 404.02 Definitions. NR 

404.02(4e) ‘‘PM2.5’’ as published in the 

Wisconsin Administrative Register, on 

September 30, 2009, No. 645, effective 

October 1, 2009. 

(B) NR 404.04 Ambient Air Quality 

Standards. NR 404.04(8) ‘‘PM10: 

PRIMARY AND SECONDARY 

STANDARDS.’’ and NR 404.04(9) 

‘‘PM2.5: 

PRIMARY AND SECONDARY 

STANDARDS’’ as published in the 

Wisconsin Administrative Register, on 

September 30, 2009, No. 645, effective 

October 1, 2009. 

(ii) Additional material. 

(A) NR 484.03 Code of federal 

regulations. NR 484.03(5) in Table 1 as 

published in the Wisconsin 

Administrative Register, on September 

30, 2009, No. 645, effective October 1, 

2009. 

(B) NR 484.04 Code of federal 

regulations appendices. NR 484.04(6), 

(6g), and (6r) in Table 2, as published in 

the Wisconsin Administrative Register, 


sroberts on DSKD5P82C1PROD with RULES
17868 Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations 

on September 30, 2009, No. 645, 

effective October 1, 2009. 

* * * * * 

[FR Doc. 2010–7968 Filed 4–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0993; FRL–9134–8] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New Mexico 

for the purpose of addressing the ‘‘good 

neighbor’’ provisions of the Clean Air 

Act (CAA) section 110(a)(2)(D)(i) for the 

1997 ozone standards and the 1997 

PM2.5 standards. This SIP revision 

satisfies a portion of the State of New 

Mexico’s obligation to submit a SIP 

revision that demonstrates that adequate 

provisions are in place to prohibit air 

emissions from adversely affecting 

another state’s air quality through 

interstate transport. This rulemaking 

action is being taken under section 110 

of the CAA and addresses one element 

of CAA section 110(a)(2)(D)(i), which 

pertains to prohibiting air pollutant 

emissions from within New Mexico 

from significantly contributing to 

nonattainment of the ozone and PM2.5

NAAQS in any state. 

DATES: This direct final rule will be 

effective June 7, 2010 without further 

notice unless EPA receives relevant 

adverse comments by May 10, 2010. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2007–0993, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

• Follow the online 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, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2007–0993. 

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 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 during official 

business hours, by appointment, at the 

New Mexico Environment Department, 

Air Quality Bureau, 1190 St. Francis 

Drive, Santa Fe, New Mexico 87502. 

FOR FURTHER INFORMATION CONTACT: 

Emad Shahin, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–6717; fax number 

(214) 665–7263; e-mail address 

shahin.emad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the 

EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What Is a SIP? 

III. What Is the Background for This Action? 

IV. What Is EPA’s Evaluation of the State’s 

Submission? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

We are approving a submission from 

the State of New Mexico demonstrating 

that New Mexico has adequately 

addressed one of the required elements 

of the CAA section 110(a)(2)(D)(i), the 

element that prohibits air pollutant 

emissions from sources within a state 

from significantly contributing to 

nonattainment of the relevant NAAQS 

in any other state. We have determined 

that emissions from sources in New 

Mexico do not significantly contribute 

to nonattainment of the 1997 ozone 

standards or of the 1997 PM2.5 standards 

in any other state. The remaining three 


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