EPA in New Mexico

Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Inspection and Maintenance Program Error Correction

Proposed federal regulations are published in the Federal Register. These are notices that have been signed and sent for publication, but may not yet be published. They are provided to give the most possible advance notice of pending changes to regulations.  This content will be removed after the notices are published in the Federal Register.

In these notices, EPA proposes to correct a previously approved diesel inspection and maintenance (I/M) program provision in Albuquerque/Bernalillo County’s State Implementation Plan (SIP). This action is based on our determination that at the time EPA approved the diesel I/M Program the State did not have the legal authority to expand its program to require the testing of 1998 and newer diesel motor vehicles greater than 1,000 and less than 10,001 pounds.

In the final rule, the EPA is approving the State’s SIP submittal as a direct rule without prior proposal because the Agency views this as noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action no further activity is contemplated. If the EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period.

After publication in the Federal Register, a 30-day public comment period will open. Refer to the notices for instructions on how to comment. Comments will be accepted after the notices are published in the EPA section of the Federal Register.

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