62384 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations 

(Where there are differences between the 

revision dates listed in the List of Effective 

Pages and the revision dates shown on the 

actual pages of these documents, the revision 

dates on the actual pages are correct, except 

for the following: Volume I–All Series, dated 

July 1993: The revision dates in the List of 

Effective Pages are correct for the Record of 

Revisions, page 13 of the Introduction, and 

page B of Section 2.) 

(1) The incorporation by reference of the 

volumes of Boeing Report L26–008, ‘‘DC–9 

All Series, Supplemental Inspection 

Document (SID),’’ specified in Table 4 of this 

AD, is approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and CFR part 51. 

(2) The incorporation by reference of 

McDonnell Douglas Report No. L26–008, 

‘‘DC–9 Supplemental Inspection Document 

(SID),’’ Volume III–95, dated September 

1995, was approved previously by the 

Director of the Federal Register on July 24, 

1996 (61 FR 31009, June 19, 1996). 

(3) Contact Boeing Commercial Airplanes, 

Long Beach Division, 3855 Lakewood 

Boulevard, Long Beach, California 90846, 

Attention: Data and Service Management, 

Dept. C1–L5A (D800–0024), for a copy of this 

service information. You may review copies 

at the Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street, SW., Room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on October 

6, 2006. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 06–8731 Filed 10–24–06; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0531–200618(a); 

FRL–8233–8] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Memphis/Shelby County Area Second 

10-Year Maintenance Plan for the 

Carbon Monoxide National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Tennessee State Implementation 

Plan (SIP) submitted in final form on 

May 17, 2006. The SIP revision provides 

the second 10-year maintenance plan for 

the Memphis/Shelby County Carbon 

Monoxide (CO) Maintenance Area. The 

second 10-year maintenance plan 

includes a new motor vehicle emission 

budget (MVEB) for CO for the year 2017. 

EPA is approving this SIP revision, 

including the new 2017 MVEB for CO, 

because it satisfies the requirement of 

the Clean Air Act (CAA) for the second 

10-year maintenance plan for the 

Memphis/Shelby County Area. 

In addition, in this rulemaking, EPA 

is providing information on its 

transportation conformity adequacy 

determination for the new MVEB for the 

year 2017 that is contained in the 

second 10-year CO maintenance plan for 

the Memphis/Shelby County Area. 

DATES: This rule is effective on 

December 26, 2006 without further 

notice, unless EPA receives adverse 

comments by November 24, 2006. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04–

OAR–2006–0531, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: louis.egide@epa.gov, or 

benjamin.Lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2006–

0531’’, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Egide 

Louis, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No.: ‘‘EPA–R04–OAR–2006–

0531’’. 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 through 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

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 

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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Egide Louis of the Regulatory 

Development Section or Ms. Lynorae 

Benjamin of the Air Quality Modeling 

and Transportation Section at the Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

mstockstill on PROD1PC61 with RULES

Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations 62385 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Dr. 

Louis’s telephone number is (404) 562–

9240. He can be reached also via 

electronic mail at louis.egide@epa.gov. 

Ms. Benjamin’s telephone number is 

(404) 562–9040 and her electronic mail 

is benjamin.lynorae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Is the Background for This Action? 

II. What Is EPA’s Analysis of the Memphis/ 

Shelby County Area’s Second 10-Year 

Maintenance Plan? 

III. What Is EPA’s Action on the Memphis/ 

Shelby County Area’s Second 10-Year 

Maintenance Plan? 

IV. What Is an Adequacy Determination and 

What Is EPA’s Adequacy Determination 

for the Memphis/Shelby County Area’s 

New MVEBs for the Year 2017? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What Is the Background for This 

Action? 

In 1992, based on measured air 

quality data, the Memphis/Shelby 

County Area was able to demonstrate 

attainment with the CO National 

Ambient Air Quality Standard (NAAQS) 

due to numerous control measures 

implemented in the Memphis/Shelby 

County Area. As a result of the 

measured air quality data, Tennessee 

petitioned EPA for redesignation of this 

Area to attainment for CO. EPA 

redesignated the Memphis/Shelby 

County Area to attainment based on the 

measured air quality data and a 10-year 

maintenance plan submitted for the 

Memphis/Shelby County Area on July 

26, 1994 (59 FR 37939). 

The air quality maintenance plan is a 

requirement of the 1990 CAA 

amendments for nonattainment areas 

that come into compliance with the 

NAAQS and request redesignation, to 

assure their continued maintenance of 

that standard. Eight years after 

redesignation to attainment, section 

175A(b) of the CAA requires the state to 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period (this is known as the second 10- 

year maintenance plan). The second 10- 

year maintenance plan updates the 

original 10-year CO maintenance plan 

for the next 10-year period. Thus, 

pursuant to the CAA section 175A(b), 

Tennessee was required to submit the 

second 10-year maintenance plan for the 

Memphis/Shelby County Area 

demonstrating that it would continue to 

attain the CO NAAQS in this area 

through at least 2014. 

II. What Is EPA’s Analysis of the 

Memphis/Shelby County Area’s Second 

10-Year Maintenance Plan? 

On May 17, 2006, the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC), Air Pollution 

Control Division, submitted a SIP 

revision to EPA that provided for the 

second 10-year maintenance plan for the 

Memphis/Shelby County Area as 

required by section 175A(b) of the CAA. 

This second 10-year maintenance plan 

for the Memphis/Shelby County Area 

includes a new CO emission inventory 

for 1990 which reflects emission 

controls applicable for the Memphis/ 

Shelby County Area, and actual and 

projected emissions for 1990, 2002, 

2007, and 2017. The SIP revision also 

establishes a new MVEB for CO for 2017 

for the Memphis/Shelby County Area. 

The emission reduction measures for 

CO emissions implemented in the 

Memphis/Shelby County Area from 

1990 to 2002, and control measures that 

are projected to occur between 2007 and 

2017 are accounted for in the 1990 

emission inventory and projected 

emissions estimates. Tables 1 and 2 

provide emissions data and projections 

for CO with and without the use of an 

inspection and maintenance (I&M) 

program, respectively. The on-road 

mobile portion of the data was 

calculated with MOBILE6.2. The 

difference between the 1990 mobile 

source base year emissions for this 

maintenance plan and the initial 

maintenance plan are primarily a result 

of a change in the mobile emissions 

factor model (e.g., MOBILE6.2) that was 

used to develop these emissions. 

TABLE 1.—MEMPHIS/SHELBY CARBON MONOXIDE AREA—EMISSION INVENTORY AND PROJECTED CO EMISSIONS

(1990–2017)—WITH I&M PLAN

[Tons per day] 

Year Area Non-road 

mobile 

On-road 

mobile with 

I&M 

Point Total 

1990 ..................................................................................... 10.14 100.83 893.76 22.77 1027.50 

2002 ..................................................................................... 7.03 115.67 615.98 14.53 753.21 

2007 ..................................................................................... 7.42 125.85 441.15 15.35 589.77 

2017 ..................................................................................... 8.08 138.84 327.88 16.56 491.36 

TABLE 2.—MEMPHIS/SHELBY COUNTY CARBON MONOXIDE AREA—EMISSION INVENTORY AND PROJECTED CO EMISSIONS

(1990–2017)—WITHOUT I&M PLAN

[Tons per day] 

Year Area Non-road 

mobile 

On-road 

mobile without 

I&M 

Point Total 

Safety margin 

based on 1990 

emissions 

1990 ......................................................... 10.14 100.83 893.76 22.77 1027.50 n/a 

2002 ......................................................... 7.03 115.67 654.37 14.53 791.60 235.90 

2007 ......................................................... 7.42 125.85 492.13 15.35 640.75 386.75 

2017 ......................................................... 8.08 138.84 383.33 16.56 546.81 480.69 

The attainment level of emissions is 

the level of emissions during one of the 

years in which the area met the NAAQS. 

Since 1990, the Memphis/Shelby 

County Area has not violated the CO 

standard for the 8-hour average 

concentration as shown by monitoring 

data in Table 3. The data also show a 

consistent downward trend in CO levels 

mstockstill on PROD1PC61 with RULES

62386 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations 

as a result in part of the Federal Motor 

Vehicle Control Program. In this SIP 

revision, the emissions from the year 

1990 are used to calculate a new 

attainment emissions level for the 

Memphis/Shelby County Area. The 

emissions from point, area, non-road, 

and mobile sources in 1990 equal 

1027.50 tons per day (tpd) of CO. These 

emission calculations were made using 

the MOBILE6.2 model and the most 

recent version of the nonroad model. 

The projected emissions, with and 

without I&M, are lower than the 

attainment level of emissions, thus 

demonstrating continued maintenance 

of the CO NAAQS. 

TABLE 3.—SUMMARY OF MEMPHIS/ 

SHELBY COUNTY AREA CARBON

MONOXIDE MONITORING DATA

[In parts per million] 

Year CO 8-hr 

NAAQS 

Second highest CO 8-hr 

average 

value 1

1990 .......... 9.0 8.8 

1991 .......... 9.0 6.4 

1992 .......... 9.0 8.2 

TABLE 3.—SUMMARY OF MEMPHIS/ 

SHELBY COUNTY AREA CARBON

MONOXIDE MONITORING DATA—

Continued 

[In parts per million] 

Year CO 8-hr 

NAAQS 

Second highest CO 8-hr 

average 

value 1

1993 .......... 9.0 8.5 

1994 .......... 9.0 8.0 

1995 .......... 9.0 6.2 

1996 .......... 9.0 6.3 

1997 .......... 9.0 5.2 

1998 .......... 9.0 5.4 

1999 .......... 9.0 4.9 

2000 .......... 9.0 4.4 

2001 .......... 9.0 4.3 

2002 .......... 9.0 3.5 

2003 .......... 9.0 2.9 

The safety margin is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. The 

safety margin credit, or a portion 

thereof, can be allocated to the 

transportation sector, however, the total 

emission level must stay below the 

attainment level. The safety margin for 

CO was calculated as the difference 

between these amounts or, in this case, 

480.69 tpd for 2017. The emissions are 

projected to maintain the Memphis/ 

Shelby County Area’s air quality 

consistent with the CO NAAQS. 

Maintenance plans and other control 

strategy SIPs create MVEBs for criteria 

pollutants and/or their precursors to 

address pollution from cars and trucks. 

The MVEB is the portion of the total 

allowable emissions that is allocated to 

highway and transit vehicle use and 

emissions. The MVEB serves as a ceiling 

on emissions from an area’s planned 

transportation system. 

The MVEB concept is further 

explained in the preamble to the 

November 24, 1993, Transportation 

Conformity Rule (58 FR 62188). The 

preamble also describes how to 

establish and revise MVEBs in a SIP. In 

this SIP revision, the Memphis/Shelby 

County Area used MOBILE6.2 to 

establish a MVEB for CO for the year 

2017. The State of Tennessee has chosen 

to allocate 95% of the safety margin 

(i.e., 456.66 tpd) to the transportation 

section. This MVEB is listed in Table 4. 

TABLE 4.—MEMPHIS/SHELBY COUNTY CARBON MONOXIDE MAINTENANCE AREA MVEB WITH SAFETY MARGIN INCLUDED

2017 Projected 

on-road emissions 

(tons per day) 

Allocated safety 

margin 

2017 MVEB with 

safety margin 

CO .............................................................................................................................. 383.33 456.66 839.99 

The MVEB presented in Table 4 is 

directly reflective of the combined onroad (or ‘‘highway’’) emissions for the 

Memphis/Shelby County Area for CO, 

plus an allocation from the available 

safety margin (95%). After allocation of 

the safety margin to the MVEB, the 

remaining safety margin for future 

allocation is 24.03 tpd. In summary, the 

new CO MVEB for the year 2017 is 

839.99 tpd. 

III. What Is EPA’s Action on the 

Memphis/Shelby County Area’s Second 

10-Year Maintenance Plan? 

EPA is approving Tennessee’s SIP 

revision pertaining to the Memphis/ 

Shelby County Area’s second 10-year 

maintenance plan for CO. Approval of 

the maintenance plan for Memphis/ 

Shelby County Area is appropriate, 

because the State of Tennessee has 

demonstrated that the plan meets the 

requirements of section 175A as 

described fully in this rulemaking. 

Additionally, EPA is finding adequate 

and approving the new 2017 MVEB, 

submitted by Tennessee for Memphis/ 

Shelby County, in conjunction with its 

maintenance plan update. Within 24 

months from the effective date of this 

action, the transportation partners will 

need to demonstrate conformity to this 

new MVEB pursuant to 40 CFR 

93.104(e). 

IV. What Is an Adequacy Determination 

and What Is EPA’s Adequacy 

Determination for the Memphis/Shelby 

County Area’s New MVEB for the Year 

2017? 

Under Section 176(c) of the CAA, new 

transportation projects, such as the 

construction of new highways, must 

‘‘conform’’ to (i.e., be consistent with) 

the part of the State’s air quality plan 

that addresses pollution from cars and 

trucks. ‘‘Conformity’’ to the SIP means 

that transportation activities will not 

cause new air quality violations, worsen 

existing violations, or delay timely 

attainment of the NAAQS. Under the 

transportation conformity rule, at 40 

CFR part 93, projected emissions from 

transportation plans and programs must 

be equal to or less than MVEBs for the 

area. If a transportation plan does not 

‘‘conform,’’ most new projects that 

would expand the capacity of roadways 

cannot go forward. Regulations at 40 

CFR part 93 set forth EPA policy, 

criteria and procedures for 

demonstrating and assuring conformity 

of such transportation activities to a SIP. 

Until MVEBs in a SIP submittal are 

approved by EPA, they cannot be used 

for transportation conformity purposes 

unless EPA makes an affirmative finding 

that the MVEBs contained therein are 

‘‘adequate.’’ Once EPA affirmatively 

finds the submitted MVEBs adequate for 

transportation conformity purposes, 

those MVEBs can be used by the State 

and Federal agencies in determining 

whether proposed transportation 

projects ‘‘conform’’ to the SIP even 

though the approval of the SIP revision 

containing those MVEBs has not yet 

been finalized. EPA’s substantive 

criteria for determining ‘‘adequacy’’ of 

MVEBs in submitted SIPs are set out in 

EPA’s Transportation Conformity Rule 

at 40 CFR 93.118(e)(4). 

EPA’s process for determining 

‘‘adequacy’’ consists of three basic steps: 

public notification of a SIP submission, 

a public comment period, and EPA’s 

mstockstill on PROD1PC61 with RULES

Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations 62387 

adequacy finding. This process for 

determining the adequacy of submitted 

SIP MVEBs was initially outlined in 

EPA’s May 14, 1999 guidance, 

‘‘Conformity Guidance on 

Implementation of March 2, 1999, 

Conformity Court Decision.’’ This 

guidance was finalized in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas; 

Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change’’

on July 1, 2004 (69 FR 40004). EPA 

follows this guidance and rulemaking in 

making its adequacy determinations. 

Memphis/Shelby County Area’s 

second 10-year maintenance plan 

submission contained a new MVEB for 

the year 2017. The availability of the SIP 

submission with the 2017 MVEB was 

announced for public comment on 

EPA’s adequacy Web page on June 6, 

2006, at: http://www.epa.gov/otaq/ 

stateresources/transconf/currsips.htm. 

The adequacy comment period for this 

MVEB closed on July 6, 2006. No 

requests for the submittal or adverse 

comments were received during EPA’s 

Adequacy Public Comment Period. 

Through this rulemaking, EPA is 

finding adequate this 2017 MVEB for 

use to determine transportation 

conformity because this MVEB meets 

the adequacy criteria contained in the 

Transportation Conformity Rule. The 

2017 MVEB for CO for the Memphis/ 

Shelby County Area is 839.99 tpd. 

V. Final Action 

EPA is approving the aforementioned 

changes to the SIP. EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision should adverse 

comments be filed. This rule will be 

effective December 26, 2006 without 

further notice unless the Agency 

receives adverse comments by 

November 24, 2006. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on December 26, 

2006 and no further action will be taken 

on the proposed rule. 

VI. 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 

(Pub. L. 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 

affects the status of a geographical area, 

does not impose any new requirements 

on sources or allow a state to avoid 

adopting or implementing other 

requirements, 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 December 26, 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, Carbon monoxide, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements. 

mstockstill on PROD1PC61 with RULES

62388 Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Rules and Regulations 

Dated: October 6, 2006. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 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 RR—Tennessee 

■ 2. Section 52.2220(e) is amended by 

adding a new entry at the end of the 

table for ‘‘Carbon Monoxide Second 10–

Year Maintenance Plan for the 

Memphis/Shelby County Area’’ to read 

as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State effective 

date EPA approval date Explanation 

* * * * * * * 

Carbon Monoxide Second 10-Year Maintenance 

Plan for the Memphis/Shelby County Area.

Memphis/Shelby .......... 5/10/2006 10/25/2006 [Insert first 

page of publication]. 

[FR Doc. E6–17854 Filed 10–24–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2004–0022; FRL–8233–9] 

RIN 2050–AG33 

NESHAP: National Emission Standards 

for Hazardous Air Pollutants: 

Standards for Hazardous Waste 

Combustors (Amendment) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is amending the 

effective date of the standard for 

particulate matter for new cement kilns 

that burn hazardous waste. EPA 

promulgated this standard as part of the 

national emission standards for 

hazardous air pollutants (NESHAP) for 

hazardous waste combustors that were 

issued on October 12, 2005, under 

section 112 of the Clean Air Act. EPA 

agreed to reconsider the standard and 

proposed to change it on March 23, 

2006 (71 FR 14665). This amendment 

suspends the obligation of new cement 

kilns to comply with the particulate 

matter standard until EPA takes final 

action on this proposal. This 

amendment does not affect other 

standards applicable to new or existing 

hazardous waste burning cement kilns. 

DATES: The final rule is effective on 

October 25, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2004–0022. All 

documents in the docket are listed on 

http://www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ EPA Docket Center, Docket ID 

No. EPA–HQ–OAR–2004–0022, EPA 

West Building, Room B–102, 1301 

Constitution Ave., NW., Washington, 

DC 20004 (See note below). This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The HQ EPA Docket 

Center telephone number is (202) 566–

1742. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744. 

A reasonable fee may be charged for 

copying docket materials. 

Note: The EPA Docket Center suffered 

damage due to flooding during the last week 

of June 2006. The Docket Center is 

continuing to operate. However, during the 

cleanup, there will be temporary changes to 

Docket Center telephone numbers, addresses, 

and hours of operation for people who wish 

to visit the Public Reading Room to view 

documents. Consult EPA’s Federal Register 

notice at 71 FR 38147 (July 5, 2006) or the 

EPA Web site at 

http://www.epa.gov/epahome/dockets.htm 

for current information on docket status, 

locations and telephone numbers. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this rulemaking, 

contact Frank Behan at (703) 308–8476, 

or behan.frank@epa.gov, Office of Solid 

Waste (MC: 5302P), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC. 20460. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. The regulated categories and 

entities affected by the NESHAP 

include: 

Category NAICS code SIC code Examples of regulated entities 

Industry ......................................................................... 327310 3241 Cement manufacturing, clinker production. 

Federal government ..................................................... ........................ ........................ Not affected. 

State/local/tribal government ........................................ ........................ ........................ Not affected. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

impacted by this action. This table lists 

examples of the types of entities EPA is 

now aware could potentially be 

regulated by this action. Other types of 

entities not listed could also be affected. 

To determine whether your facility, 

company, business, organization, etc., is 

affected by this action, you should 

examine the applicability criteria in 40 

CFR 63.1200. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

mstockstill on PROD1PC61 with RULES