51120 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title State effective date EPA approval date Explanation 

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.1 .............. Permits Required for New or Existing Stationary Sources .... 04/19/06 08/29/06 

[insert FR page number where the document begins] 

* * * * * * * 

* * * * * 

[FR Doc. E6–14313 Filed 8–28–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0225; FRL–8207–9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District’s (SCAQMD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on May 16, 2006 and concern 

oxides of nitrogen (NOX) and oxides of 

sulfur (SOX) emissions from facilities 

emitting 4 tons or more per year of NOX

or SOX in the year 1990 or subsequent 

year under the SCAQMD’s Regional 

Clean Air Incentives Market (RECLAIM) 

program. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on September 28, 2006. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2006–0225 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Lily 

Wong, EPA Region IX, (415) 947–4114, 

wong.lily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On May 16, 2006 (71 FR 28290), EPA 

proposed to approve the following rules 

into the California SIP. Table 1 lists the 

rules addressed by this action with the 

dates that they were adopted by the 

SCAQMD and submitted by the 

California Air Resources Board (CARB). 

TABLE 1.—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ................................... 2000 General ........................................................................................ 05/06/05 10/20/05 

SCAQMD ................................... 2001 Applicability .................................................................................. 05/06/05 10/20/05 

SCAQMD ................................... 2002 Allocations for Oxides of Nitrogen (NOX) and Oxides of Sulfur 

(SOX).

01/07/05 12/21/05 

SCAQMD ................................... 2005 New Source Review for Trading Requirements .......................... 05/06/05 10/20/05 

SCAQMD ................................... 2007 Trading Requirements ................................................................. 05/06/05 10/20/05 

SCAQMD ................................... 2010 Administrative Remedies and Sanctions ..................................... 01/07/05 07/15/05 

SCAQMD ................................... 2011 Requirements for Monitoring, Reporting, and Recordkeeping for 

Oxides of Sulfur (SOX) Emissions.

01/07/05 07/15/05 

SCAQMD ................................... 1 2011 Appendix A: Protocol for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOX) Emissions, Chapter 1.05/06/05 10/20/05 

SCAQMD ................................... 1 2011 Appendix A: Protocol for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOX) Emissions, Chapters 2–6 

and Attachments A–F.

01/07/05 07/15/05 

SCAQMD ................................... 2012 Requirements for Monitoring, Reporting, and Recordkeeping for 

Oxides of Nitrogen (NOX) Emissions.

01/07/05 07/15/05 

SCAQMD ................................... 1 2012 Appendix A—Protocol for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen (NOX) Emissions, Chapter 1.

05/06/05 10/20/05 

SCAQMD ................................... 2012 Appendix A (Protocol for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen (NOX) Emissions, Chapters 

2–8 and Attachments A–G.

01/07/05 07/15/05 

1Protocol Appedix A. 

In EPA’s proposed approval, we did 

not clarify that only Chapter 1 of Rule 

2011 Protocol Appendix A and Chapter 

1 of Rule 2012 Protocol Appendix A 

were adopted on May 6, 2005 and 

submitted on October 20, 2005. The 

remaining portions of those rules were 

adopted on January 7, 2005 and 

submitted on July 15, 2005. 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51121 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

into the California SIP. 

IV. 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 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 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 Clean Air Act. 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 Clean Air Act. 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 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 October 30, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: July 26, 2006. 

Wayne Nastri, 

Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(337)(i)(C), 

(342)(i)(C)(2), and (343) to read as 

follows: 

52.220 Identification of plan. 

* * * * * 

(c) * * * 

(337) * * * 

(i) * * * 

(C) South Coast Air Quality 

Management District. 

(1) Rules 2010, 2011, 2011 Protocol 

Appendix A Chapters 2–6 and 

Attachments A-F, 2012, and 2012 

Protocol Appendix A Chapters 2–8 and 

Attachments A–G adopted on January 7, 

2005. 

* * * * * 

(342) * * * 

(i) * * * 

(C) * * * 

(2) Rules 2000, 2001, 2005, 2007, 2011 

Protocol Appendix A Chapter 1, and 

2012 Protocol Appendix A Chapter 1 

adopted on May 6, 2005. 

(343) An amended regulation for the 

following AQMD was submitted on 

December 21, 2005, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 2002 adopted on January 7, 

2005. 

[FR Doc. E6–14317 Filed 8–28–06; 8:45 am] 

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