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Citation: 71 Fed. Reg. 6352 2006

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### 6352 Federal Register/Vol. 71, No. 26/Wednesday, February 8, 2006/Rules and Regulations

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) ofthe Clean Air Act, petitions forjudicial review of this action mustbe filed in the United States Court ofAppeals for the appropriate circuit by April 10, 2006. Filing a petition for reconsideration by the Administrator ofthis final rule does
not affect the finality ofthis -rulefor the 'purposes ofjudicial 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 ofSubjects in 40 CFR Part52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: December 20, 2005. Jane Diamond, Acting Regional Administrator, RegionIX.

a Part 52, Chapter I,Title40 oftheCode ofFederal Regulations is amended as follows:

PART 52-[AMENDED]

n 1. The authority citation forpart 52 continues to read as follows:

Authority: 42 U.S.C. 7401 etseq. Subpart F-California

N 2. Section 52.220 is amended by adding paragraph (c)(335)(i)(D) to read

as follows:
§52.220 Identification ofplan.

* * * "* *



### (c)* * * (335) * * * 

### (i)* * * (D) South Coast Air Quality Management District. (1) Rule 1122, adopted on October 1, 2004.

* * * * *
[FR Doc. 06-1171 Filed 2-7-06; 8:45 am]

BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81 [EPA-R09-OAR-2005-AZ-0006; FRL-8029- 2]
Approval and Promulgation of Implementation Plans; Designation of Areas forAir Quality Planning Purposes; State ofArizona; Finding of Attainment forAjo Particulate Matter of 10 Microns or Less (PM 1o) Nonattainment Area; Determination Regarding Applicabilityof Certain Clean Air Act Requirements
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to determine that the Ajo moderate PM 10 nonattainment area in Arizona has attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than orequal
to a nominal 10micrometers (PMIO). This determination is based upon monitored air quality data forthe PM 0 NAAQS during the years 2002-2004. EPA also finds that the Ajo area has continued to attain the PMIo NAAQS since 2004. Based on this determination, EPA is also determining that certain Clean AirAct requirements are not applicable forso long as the Ajo area continues to attainthe PMio NAAQS. DATES: This direct final ruleis effective

on April 10, 2006 without further notice, unless EPA receives adverse
comment by March 10, 2006. Ifadverse
comment is received, EPA will publish

atimely withdrawal ofthe direct final rule in the Federal Register informing the public that the rule will nottake effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO9- OAR-2005-AZ-0006 by one ofthe following methods:

*"

http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

* E-mail: tax.wienke@epa.gov. * Fax: (415)947-3579 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments).

e Mail: Wienke Tax, Office ofAir Planning, Environmental Protection Agency (EPA), Region 9, Mailcode AIR2, 75 Hawthorne Street, San Francisco, California 94105-3901.

* Hand Delivery: Wienke Tax, Office ofAir Planning, Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 Hawthorne Street, San Francisco, California 94105-3901. Such deliveries are.only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding federal holidays. Special arrangements should be made for deliveries ofboxed information.

Instructions: Direct your comments to Docket IDNo. EPA-R09-OAR-2005- AZ-0006. EPA's policy is that all
comments received willbe 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) orother information whose disclosure is restricted by statute. Do not submit information that you consider tobe CBI orotherwise protected through http:// www.regulations.govor e-mail. The http://www.regulations.govWeb site is

an "anonymous access" system, which

means EPA will notknow your identity

orcontact information unless you provide it inthe body ofyour comment. Ifyou send an e-mail comment directly
to EPA, without going through http:// www.regulations.gov,your e-mail address willbe automatically captured and included as part ofthe comment that is placed inthe public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your

name and other contact information in the body ofyour comment and with any disk orCD-ROM you submit. IfEPA cannot read your comment due.to technical difficulties and cannot contact you for clarification, EPA may notbe able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free ofany defects or viruses. For additional information aboutEPA's public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to Section I. General Information ofthe SUPPLEMENTARY INFORMATION section of this document.

Docket:All documents in the docket

are listed in the http:// www.regulations.govindex. Although listed inthe index, some information is
notpublicly 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 inhard copy .form. Publicly available docket materials are available either electronically in http:// www.regulations.govorin hard copy at

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### Federal Register/Vol. 71, No. 26/Wednesday, February 8, 2006/ Rules 'and Regulations

the Office ofAir Planning, Environmental Protection Agency (EPA),Region 9, Mailcode AIR-2, 75 Hawthorne Street, San Francisco, California 94105-3901. EPA requests that if at allpossible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to.view the hard copy ofthe docket. You may view the hard copy ofthe docket Monday through Friday, 8 a.m. to 4
p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Office ofAir Planning, Environmental Protection Agency (EPA), Region 9, Mailcode-AIR-2, 75 Hawthorne Street, San Francisco, California 94105-3901, (520) 622-1622,
tax. wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever "we," "us," or "our" is used, we mean the EPA.
Table ofContents
I.Background

A. What National Ambient Air Quality

Standards (NAAQS) Are Considered in Today's Finding? B.WhatIs the Designation and

Classification ofThis PM,o Nonattainment Area? C.HowDo We Make Attainment

Determinations? II.What Is the BasisforEPA's Determination That the Ajo Area HasAttained the PMio NAAQS? II. What Are the Applicable Planning Requirements for the Ajo Area as a Result ofEPA'sAttainment Determination? 

### IV.EPA'sFinal Action V. Statutory AndExecutive Order Reviews

I. Background

A. WhatNationalAmbientAir Quality Standards(NAAQSJAre Considered in Today'sFinding?

The NAAQS are safety thresholds for certain ambient air pollutants setby EPA to protect.public health and welfare. Particulate matter with an aerodynamic diameter ofless than or equal to 10 micrometers, or PM10,is the subject ofthis action. PM,o is among the ambient air pollutants for which EPA has established health-based standards.

PMi0 causes adverse health effects by penetrating deep inthe lungs, aggravating the cardiopulmonary system. Children, the elderly, and -people with asthma and heart conditions are the mostvulnerable.

OnJuly 1, 1987 (52 FR 24634), EPA revised the NAAQS forparticulate
matter with an indicator that includes only those particles with an aerodynamic diameter less than orequal
to a nominal 10 micrometers. (See 40 CFR 50.6). The 24-hour primary PM 0 standard is 150 micrograms per cubic
meter (gtg/m 3)with no more than one expected exceedance per year.The annual primary PM, 0 standard is 50 gg/

m 3as an annual arithmetic mean. The secondary PMIo standards, promulgated
to protect against adverse welfare effects, are identical to the primary standards.

B. WhatIs theDesignationand ClassificatiohofThisPM 10 Nonattainment Area?
Upon enactment ofthe 1990 Clean Air Act Amendments (CAA orthe Act), PM1 0 areas meeting the requirements of either (i) or (ii) of section 107(d)(4)(B) of the Act were designated nonattainment for PM1oby operation oflaw and classified "moderate." These areas included all former Group IPM,0 planning areas identified in 52 FR 29383 (August 7, 1987) and further clarified in 55FR 45799 (October 31, 1990), and any other areas violating the NAAQS for PMo prior to January 1, 1989 (many ofthese areas were identified by footnote 4 inthe October 31, 1990 FederalRegister document). A Federal-Register notice announcingthe

areas designated nonattainment for PM10 upon enactment ofthe 1990 Amendments, known as "initial" PM10 nonattainment areas, was published on March 15, 1991 (56 FR 11101). A subsequent Federal Register document correcting some ofthese areas was published on August 8, 1991 (56 FR 37654). These nonattainment designations and moderate area classifications were codified in40 CFR part 81 in a V'ederalRegister document published onNovember 6, 1991 (56 F.R 56694). All other areas in the nation not designated nonattainment at enactment

were designated unclassifiable (see section 107(d)(4)(B)(iii) ofthe Act).,

Ajo, Arizona was among the areas listed inthe March 15; 1991 Federal Register action (see'56 FR at 11103) as meeting therequirements of either (i) or 

### (ii) of section 107(d)(4)(B) ofthe Act and

was designated nonattainment for PM,0 by operation oflaw and classified "moderate." In accordance with section 189(a)(2) ofthe CAA, Arizona was to submit a state implementation plari (SIP) by November 15, 1991 demonstrating attainment ofthe PM10 standards by December 31, 1994 for the Ajo area.'

I Arizona submitted amoderate area plan forthe Ajoarea on November i4, 1991 but EPAhas not takenaction onit. C.HowDo WeMakeAttainment Determinations?

Pursuant to sections 179(c) and 188(b)(2) ofthe Act, we have the responsibility ofdetermihing within six months ofthe applicable attainment date whether, based on air quality data, PM, 0 nonattainment areas attained the NAAQS by thaf date. Determinations under section 179(c)(1) of the Act are to be based upon an area's "air quality as ofthe attainment date." Section 188(b)(2) is consistent with this requirement.

Generally, we will determine whether

an area's air quality is meeting the PMo NAAQS for purposes ofgection 179(c)(1) and 188(b)(2) based upon data gathered at established state.and local air monitoring stations (SLAMS) and national air monitoring sites (NAMS) in the nonattainment area and entered into the EPA's Air Quality System (AQS) database. Data entered into the AQS has been determined to meetfederal monitoring requirements (see 40 CFR 50.6; 40 CFR part 50, appendix J; 40 CFR part 53; 40 CFR part 58, appendices A andB) and may be usedto determine the attainment status ofareas. We will also consider air quality'data from other air monitoring stations inthe nonattainment area provided that the stations meet the federal monitoring requirements for SLAMS. All data are reviewed to determine the area's air quality status inaccordance with our gufidance at 40 CFRpart 50, appendix K.

Attainment ofthe annual PM, 0 standard is achieved when the annual arithmetic mean PMio concentration

over a three-year period is equal to or less than 50 [g/m3. Attainment of the 24-hour standard is determined by. calculating the expected number of days in a year with PM,0 concentrations greater than 150 tg/m 3

.The 24-hour standard is attained when the expected" number of days with levels above 150 gg/m 3 (averaged over athree-year period) is less than or equal to one. Three consecutive years ofair quality data are generally necessary to show attainment of the 24-hour and annual standards for PM,0. See 40 CFRpart 50 and appendix K. A complete year ofair quality data, as referred to in40 CFR part 50, appendix K, is comprised ofall four calendar quarters with each quarter containing data from at least 75 percent ofthe scheduled sampling days.
Il.What Isthe Basis forEPA's Determination That the Ajo Area Has Attained the PM1 o NAAQS?
The Ajo PMo nonattainment areais located in western Pima County in southern Arizona. The town ofAjo is 

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### 6354 Federal Register/Vol. 71, No. 26/Wednesday, February 8, 2006/Rules and Regulations

located approximately in the center of this 47 square mile nonattainment area. Ajo is one ofseveral early settlements in Arizona in which mining and copper smelting was ofprominent importance. When the New Cornelia mine, operated by Phelps Dodge, closed in 1986, the population ofthe Ajo area significantly declined. More recent growth fn the Ajo

area may be attributed to additional employers in the local economy, as well

asretirees moving into the area. Employment is mainly inthe commercial; service, and tourism
sectors.

Ajo has one SLAMS monitor operated by the Arizona Department of Environmental Quality (ADEQ).Table I summarizes the one-in-six'day PM1o data collected from 2002-2004. We deemed the data from this site valid and the data has been submitted by the ADEQ tobe included inAQS.

TABLE 1.-SUMMARY OF 24 HOUR AND

ANNUAL PM 1 0 CONCENTRATIONS ([tg/m 3) FOR AJO, 2002-2004

Maximum 24 hour

concentration

....... Annual average
...... 3-year annual average
...................... 50 139 1 43 18.7 22.7 19.3

ThePM 10 concentrations reported at the Ajo monitoring site showed no measured exceedances ofthe 24-hour PM10 NAAQS between 2002 and 2004,

or since 2004.2 Thus, the three-year



### - average was less than 1.0, which indicates Ajo has attained the 24-hour PM10 NAAQS.

Review ofthe annual standard for calendar years 2002, 2003, and 2004 reveals that Ajo also attained the annual PM1oNAAQS. There vas no violation of the annual standard forthe three-year period from 2002 through 2004, or since 2004. See footnote 2.

III. What Are theApplicable Planning Requirements for the Ajo Area as a Result ofEPA'sAttainment Determination?

The air quality planning requirements for moderate PM 1 o nonattainment areas

are set out in subparts 1 and 4 oftitle I ofthe Act. We have issued guidance

2We have received AQS data from ADEQ through September 30, 2005 and the Ajo nonattainment area continues to attain both PM~o standards. State6 are required to report data to theAIRS AQS on arolling basis andhave until 90 days from the end ofa given quarter to submit quality-assured monitoring data into AQS. See40 CFR 58.28. in a General Preamble 3 describing our views on how we will review SIPs and SIP revisions submitted under title Iof the Act, including those containing moderate PM10 nonattainment area SIP provisions. The General Preamble provides a detailed discussion ofour interpretation ofthe title Irequirements.

In nonattainment areas where monitored data demonstrates that the NAAQS have alreadybeen achieved, EPA has determined that certain requirements ofpartD, subparts 1and 2 ofthe Act do not apply. Therefore we do notrequire certain submissions for

an areathat has attained theNAAQS. These include reasonable further progress (RFP)requirements, attainment demonstrations, and contingency
measures, because these provisions have the purpose ofhelping achieve attainment ofthe NAAQS.

This interpretation ofthe CAA is known as the Clean Data Policy and is the subject oftwo EPA memoranda. EPA also finalized the statutory ' interpretation set forth inthe policy in

afinal rule, 40 CFR 51.918, as part of its "Final Ruleto Implement the 8-hour Ozone National Ambient Air Quality Standard-Phase 2" (Phase 2 Final Rule). See discussion in the preamble to the rule at 70 FR 71612, 71645-71646 (November 29, 2005). EPA believes that the legal bases set forth in. detail in our Phase 2Final rule, our May 10, 1995 memorandum fromJohn S. Seitz, entitled "Reasonable Further Progress, Attainment Demonstration, anal Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard," and our December 14, 2004 memorandum from Stephen D. Page entitled "Clean Data Policy for the Fine Particle National Ambient Air Quality Standards" are equally pertinent to the interpretation of provisions of subparts 1 and 4 applicable to PM10.Our interpretation that an area that is attaining the standards is relieved of obligations to demonstrate RFP and to provide an attainment demonstration and contingency measures pursuant to part D ofthe CAA, pertains whether the standard is PM 1o,ozone or PM2. 5.4
It has been EPA's longstanding interpretation that the general provisions ofpartD, subpart 1 ofthe

3"General Preamble forthe Implementation of TitleI ofthe Clean Air Act Amendments of 1990" (57 FR 13498, April 16, 1992, as supplemented 57 FR 18070, April 28, 1992).

4 Three U.S. Circuit Courts ofAppeals have upheld EPA rulemakings applying its interpretation ofsubparts 1 and 2 with respect to ozone. Sierra Clubv. EPA,99F.3d 1551 (lothCir. 1996); Sierra
Clubv. EPA, 375 F. 3d 537 (7th Cir. 2004); Our Children's EarthFoundation v. EPA, N. 04-73032 (9th Cir. June 28, 2005) (memorandum opinion). Act (sections 171 and 172) do not require the submission ofSIP revisions concerning RFP.for areas already attaining the ozone NAAQS because the stated purpose ofRFP is to ensure attainment by the applicable date. 57 FR at 13564. EPA believes the same reasoning applies to the PM1oprovisions ofpart D, subpart 4. Section 189(c)(1), applicable to PMo nonattainment areas, states that revisions shall contain ' milestones which are to be achieved until the area is redesignated to attainment, and such milestones are designed to show reasonable further progress "toward attainment by the applicable date", as defined by section 171. Thus it is clearthat once the area has attained the standard, no further milestones are necessary or meaningful.

With respect to the attainment demongtration requirements ofsection 189(a)(1)(B), an analogous rationale leads to the same result. Section 189(a)(1)(B) requires that the plan provide for 'a demonstration (including air quality modeling) that the [SIP] will provide for attainment by the applicable attainment date. * * " As with the RFP requirements, if an area is already monitoring attainment of the standards, EPA believes there is no need for an

area to make a further submission containing additional measures to achieve attainment. This is also consistent with the interpretation ofthe section 172(c) requirements provided by EPA in the General Preamble (57 FR at 13564), the December 14, 2004 memorandum and ofthe section 182(b) and (c) requirements set forth in the May 10, 1995 memorandum.

Other SIP submission requirements

are linked 'Withthese attainment demonstration and RFP requirements, and similarreasoning applies to them. These requirements include the

- contingency measure requirements of section 172(c)(9) and 182(c)(9). We have interpreted the contingency measure requirements of section 172(c)(9) and 182(c)(9) as nolonger applying when an

area has attained the standard, because those "contingency measures are directed at ensuring RFP and attainment by the applicable date." (57 FR at 13564; May 10, 1995 memorandum at 5-6.)

Both Sections 172(c) and 189(a)(1)(C) require "provisions to assure that , reasonably available control measures" (RACM) are implemented in a nonattainment area. However, the Ajo

area was ableto attain the PMIo NAAQS without any additional measures being implemented. The General Preamble, 57 FR at 13560, states that EPA interprets section 172(c)(1) so that RACM requirements are a "component" ofan area's attainment demonstration. Thus,

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### Federal Register/Vol, 71, No. 26/Wednesday, February 8, 2006/,Rures and Regulations

for the same reason the attainment demonstration no longer applies by its

own terms, the requirement for RACM

no longer applies.

Here, as in bothour Phase 2final rule and ozone and PM 2. clean data memoranda, we emphasize that the suspension of a requirement to submit SIP revisions concerning these RFP, attainment demonstration, RACM, and other related requirements exists only for as long as a nonattainment area continues to monitor attainment ofthe standard. If such an area experiences a violation ofthe NAAQS, thebasis for the requirements being suspended would no longer exist. Therefore, should EPA at some future time determine that an area that hadclean data, but which has not yetbeen redesignated as attainment for a NAAQS has violated the relevant standard, the

- area would againbe required to submit the pertinent CAA requirements for the

area. 5

IV. EPA'sFinal Action

Based on quality-assured data meeting the requirements of40 CFRpart 50, appendix K, we find that the Ajo, Arizona nonattainment area has attainedthe PM 10 NAAQS. This action is not*a redesignation to attainment under CAA section 107(d)(3) because we have not yet approved a maintenance plan as required under section 175(A) ofthe CAA or determined that the area has. metthe other CAA requirements for redesignation. The classification and designation status in 40 CFR part 81 willremain moderate nonattainment for this areauntil such time as Arizona
meets the CAA requirements for redesignation ofthe Ajo area t5 attainment. See footnote 5.

EPA also finds that, because the Ajo

area has continued to attain the NAAQS, the following CAA requirements no longer apply: The part D, subpart 4 obligations to provide an attainment demonstration pursuant to section 189(a)(1)(B), the RACM

5Note, however, that on December 20, 2005, EPA proposed revisions to the NAAQS for particulate
matter. See 71 FR2620, January 17, 2,006. The proposed revisons address two categories of particulate matter: Fine particles which are particles 2.5 micrometers in diameter and smaller; and "inhalable coarse" particles which are particles between 2.5 and 10 micrometers (PMmo 2.3). Upon finalization ota primary 24-hour standard for PMID 2.5, EPA proposes to revoke thecurrent 24- hour PM1 standard in allareas ofthe country except in areas where there is at least one monitor located in an urbanized area (as defined by the U.S. Bureau ofthe Census) with a minimum population of 100,000 that violates the current 24-hour PM15 standard based on the most recent three years of data. In addition, EPA proposes to revoke the

- current annual PMio standard upon finalization of

aprimary 24-hour standard for PM 1o-2.5. provisions of 189(a)(1)(c), the RFP provisions established by section 189(c)(1), and the attainment demonstration, RACM, RFP and contingency measure provisions ofpart D, subpart 1 contained in section 172 of the Act.

We are publishing this rule without prior proposal because the Agency. views this:as a noncontroversial action and anticipates no adverse comments. However, inthe proposed rules section ofthis Federal Register publication, EPA is publishing a separate document that will serve as the proposal should adverse comments be filed. This action willbe effective April 10, 2006, without further notice unless the EPA receives zelevant adverse comments by March 10, 2006.

Ifwe receive such comments, then we will publish a document withdrawing the final rule and informing the public that the rule willnot take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. We will not institute a second comment period. Parties interested 'n commenting should do so at this time. Ifno such comments

are received, the public is advised that this rule will be effective on April 10, 2006, and no further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is
nota "significant regulatory action" and therefore is not subject to review by the Office ofManagement and Budget. For thisreason, this action is also not subject to Executive Order 13211, "Actions -ConcerningRegulations That Significantly Affect Energy Supply, Distribution, or.Use" (66 FR 28355, May 22, 2001). This action merely makes a determination based on air quality data and does not impose any additional requirements. Accordingly, the Administrator certifies that this rule will nothave asignificant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.). Because this rule does not impose any additional enforceable duty, it does not contain anyunfunded mandate or significantly

or uniquely affect small governments, as described inthe 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 ormore 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 97249, November 9,2000). This action also does not have Federalism implications because itdoes nothave substantial direct effects on the States,

on the relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely makes adetermination based on air quality data and does not alter the relationship orthe distribution ofpower 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.

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 ofthe Paperwork Reduction Act of.1995 (44 U.S.C.3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before arule may take effect, the agency promulgating the-rule must subIhit arule report, which includes a copy of the rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General of the United States prior to publication ofthe rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published inthe Federal Register. This action is nota "major rule" as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis action mustbe filed inthe United States Court ofAppeals for the appropriate circuit by April 10, 2006. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis rule forthe purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall notpostpone 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).) 

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List ofSubjects in40 CFRParts52 and 81
Environmental protection, Air pollution control, National parks, Wilderness areas, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated:January 24, 2006. Wayne Nastri, RegionalAdministrator, Region9. [FR Doc. 06-1174 Filed2-7-06; 8:45 am]
BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180 [EPA-HO-OPP-2005-0508; FRL-7755-8]
Imazethapyr; PesticideTolerance
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: This regulation establishes an increase in tolerances for the sum ofthe residues ofimazethapyr and its metabolites, CL 288511, (2-[4,5-dihydro4-methyl-4-(1-methylethyl)-5-oxo-Himidazol-2-yl]-5-(1-hydroxyethyl)-3- pyridine carboxylic acid), and CL 182704, (5-[1-(beta-Dglucopyranosyloxy)ethyl]-2[4,5- dihydro-4-methyl-4-(1-methylethyl)-5- oxo-lH-imidazol-2-yll-3- pyridinecarboxylic acid), applied as its acid or ammonium salt in or on rice grain at 0.3 ppm, rice straw at 0.4 ppm, and imazethapyr and its metabolite, CL 288511 in or on crayfish at 0.15 ppm. BASFCorporation requested the tolerances for rice grain and rice straw under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), because of arequested increase in the use rate ofimazethapyr in rice. In addition, this regulation increases the tolerance on crayfish from 0.10 ppm to 0.15 ppm due to exposure of crayfish raised in rice fields to imazethapyr. DATES: This regulation is effective February 8, 2006. Objections and requests for hearings mustbe received

on or before April 10, 2006. ADDRESSES: To submit a written objection or hearing request follow the detailed instructions as provided in Unit VI. ofthe SUPPLEMENTARY INFORMATION. EPA has established a docket for this action underDocket identification (ID) number EPA-HQOPP-2005-0508. All documents inthe docket are listed on the www.regulations.gov web site. (EDOCKET, EPA's electronic public docket and comment system was replaced on November 25, 2005, by an enhanced Federal-wide electronic docket management and comment system located at http:// www.regulations.gov/.Follow the online instructions.) Although listed in the

.index, some information is not publicly available, i.e., CBI orother 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 inhard copy form. Publicly available docket materials are available either electronically in EDOCKET or inhard copy at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. Thi.s docket facility is open from 8:30 a.m.to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 305-5805. FOR FURTHER INFORMATION CONTACT: James A. Tompkins, Registration Division (7505C), Office ofPesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 305-5697; e-mail address: tompkins.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information

A. DoesthisActionApply toMe?

You may be potentially affected by this action ifyou are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:

* Crop production (NAICS 111),e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers.

* Animal production (NAICS.112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers.

o Food manufacturing (NAICS 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators.

* Pesticide manufacturing (NAICS 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users.

This listing is notintended to be exhaustive, butrather provides a guide forread-etegarding entities likely to be affected by this action. Other types of entities not listed in this unit-could also be affected. The North American Industrial Classification System

- (NAICS) codes have beenprovided to assist you and others indetermining whether thisaction rhiight apply to certain entities. Ifyou have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B.How CanI AccessElectronicCopies ofthisDocumentandOtherRelated Information?

In addition to using EDOCKET !http:// www.epa.gov/edocket/),'you may access this FederalRegister document electronically through the EPA Internet under the "FederalRegister" listings at http://www.epa.gov/fedrgstr/.A frequently updated electronic version of 40 CFR part 180 is available on E-CFR Beta Site Two at http:// www.gpoaccess.gov/ecfr/.

II. Background and StatutoryFindings
In the Federal Register ofJune 29, 2005 (70 FR 37392) (FRL-7718-5), EPA issued a notice pursuant to section 408(d)(3) ofFFDCA, 21 U.S.C. 346a(d)(3), announcing the filing ofa pesticide petition (PP 5F 6947)by BASF Corporation, 26 Davis Drive, P.O.Box 13528, Research Triangle Park, North Carolina 27709-3528. The petition requested that 40 CFR 180.447 be amended by establishing a tolerance for the sum ofthe residues ofthe herbicide Imazethapyr, and its metabolites CL 288511 and CL182704, in or on rice grain at0.3 parts per million (ppm), and rice straw at0.4 ppm. That notice included a summary ofthe petition prepared byBASF Corporation, the registrant. Comments were received on the notice offiling. EPA's response to these comments is discussed in Unit IV.C.

In addition, after completion ofthe dietary riskanalysis for imazethapyr residues on rice,the Agency determined that the tolerance forcombined residues for imazethapyr and the metabolite CL 288511 in crayfish needs to be increased from 0.10 ppmto 0.15 ppm. Crayfish are often raised in flooded rice fields, and thus are exposed to residues of pesticides that are applied to rice.

Section 408(b)(2)(A)(i) ofFFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on afood) only ifEPA determines that the tolerance is "safe." Section 408(b)(2)(A)(ii) ofFFDCA defines "safe" to mean that "there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures-and all other exposures for which there is reliable information." This includes exposure through drinking water and in residential settings, but doesnot include occupational exposure. Section

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