Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69081 

1The nonattainment area includes all of Orange 

County and the more populated portions of Los 

Angeles, San Bernardino, and Riverside Counties. 

For a description of the boundaries of the Los 

Angeles-South Coast Air Basin Area, see 40 CFR 

81.305. 

2The Coachella Valley Planning Area is in central 

Riverside County in the Salton Sea Air Basin. The 

boundary is defined at 40 CFR 81.305. 

or above the average level of such 

expenditures in fiscal years 2003 and 

2004 (either State or federal fiscal year 

2003 and 2004 can be used); 

* * * * * 

(4) To qualify for grant funds in any 

fiscal year, the application must be 

received by the agency not later than 

February 15 of the fiscal year in which 

the State is applying for funds. 

* * * * * 

(b) Limitations on grants. A state may 

receive a grant in a fiscal year subject to 

the following limitations: 

(1) Beginning in fiscal year 2006, the 

amount of a grant under § 1345.5 shall 

equal up to 100 percent of the State’s 23 

U.S.C. 402 apportionment for fiscal year 

2003, subject to availability of funds. 

(2) In the first and second fiscal years 

beginning after September 30, 2003 that 

a State receives a grant, it shall be 

reimbursed for up to 75 percent of the 

cost of its occupant protection program 

adopted pursuant to 23 U.S.C. 405. 

(3) In the third and fourth fiscal years 

beginning after September 30, 2003 that 

a State receives a grant, it shall be 

reimbursed for up to 50 percent of the 

cost of its occupant protection program 

adopted pursuant to 23 U.S.C. 405. 

(4) In the fifth and sixth fiscal years 

beginning after September 30, 2003 that 

a State receives a grant, it shall be 

reimbursed for up to 25 percent of the 

cost of its occupant protection program 

adopted pursuant to 23 U.S.C. 405. 

■ 6. Section 1345.5 is amended by 

revising the first sentence in paragraph 

(d)(4) introductory text; revising the 

introductory text of paragraph (g), and 

revising paragraph (g)(1) to read as 

follows: 

§ 1345.5 Requirements for a grant. 

* * * * * 

(d) * * * 

(4) To demonstrate compliance with 

this criterion in the first fiscal year the 

State receives a grant based on this 

criterion, the State shall submit a plan 

to conduct a program that covers each 

element identified in paragraphs (d)(1) 

through (d)(3) of this section. * * * 

* * * * * 

(g) Certifications in subsequent fiscal 

years: (1) To demonstrate compliance in 

subsequent fiscal years the State 

receives a grant based on criteria in 

paragraphs (a), (b), (c) or (f) of this 

section, if the State’s law, regulation or 

binding policy directive has not 

changed, the State, in lieu of 

resubmitting its law, regulation or 

binding policy directive as provided in 

paragraphs (a)(3), (b)(2), (c)(2)(i) or (f)(2) 

of this section, may submit a statement 

certifying that there have been no 

substantive changes in the State’s laws, 

regulations, or binding policy directives. 

* * * * * 

■ 7. Section 1345.6 is amended by 

revising paragraphs (b) and (c) to read 

as follows: 

§ 1345.6 Award procedures. 

* * * * * 

(b) If any amounts authorized for 

grants under this part for a fiscal year 

are expected to remain unobligated in 

that fiscal year, the Administrator may 

transfer such amounts to the programs 

authorized under 23 U.S.C. 408 and 23 

U.S.C. 410, to ensure to the extent 

possible that each State receives the 

maximum incentive funding for which 

it is eligible. 

(c) If any amounts authorized for 

grants under 23 U.S.C. 408 and 23 

U.S.C. 410 are transferred to the grant 

program under this part in a fiscal year, 

the Administrator shall distribute the 

transferred amounts so that each eligible 

State receives a proportionate share of 

these amounts, subject to the conditions 

specified in § 1345.4. 

Issued on: November 7, 2005. 

Jacqueline Glassman, 

Deputy Administrator. 

[FR Doc. 05–22496 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–59–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA–314–0483; FRL–7975–7] 

Approval and Promulgation of State 

Implementation Plans for Air Quality 

Planning Purposes; California—South 

Coast and Coachella 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve state implementation plan (SIP) 

revisions submitted by the State of 

California to provide for attainment of 

the particulate matter (PM–10) national 

ambient air quality standards (NAAQS) 

in the Los Angeles–South Coast Air 

Basin and the Coachella Valley Area, 

and to establish emissions budgets for 

these areas for purposes of 

transportation conformity. EPA is also 

approving revisions to fugitive dust 

regulations and ordinances for the areas. 

EPA is approving these SIP revisions 

under provisions of the Clean Air Act 

(CAA) regarding EPA action on SIP 

submittals, SIPs for national primary 

and secondary ambient air quality 

standards, and plan requirements for 

nonattainment areas. 

DATES: This rule is effective on 

December 14, 2005. 

ADDRESSES: You can inspect copies of 

the docket for this action at EPA’s 

Region IX office during normal business 

hours by appointment at the following 

location: EPA Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901. 

A reasonable fee may be charged for 

copying parts of the docket. 

Copies of the SIP materials are also 

available for inspection at the following 

locations: California Air Resources 

Board, 1001 I Street, Sacramento, 

California, 95812. South Coast Air 

Quality Management District, 21865 E. 

Copley Drive, Diamond Bar, California, 

91765. 

The 2003 Air Quality Management 

Plan, which includes the South Coast 

PM10 plan, is electronically available at: 

http://www.aqmd.gov/aqmp/ 

AQMD03AQMP.htm 

The 2003 Coachella Valley PM10 

State Implementation Plan is at: http:// 

www.aqmd.gov/aqmp/docs/ 

f2003cvsip.pdf 

The fugitive dust rules are at: http:// 

www.aqmd.gov/rules/rulesreg.html 

FOR FURTHER INFORMATION CONTACT: 

Dave Jesson, EPA Region IX, at (415) 

972–3957, or jesson.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments 

III. EPA Action 

IV. Administrative Requirements 

I. Summary of Proposed Action 

On July 28, 2005 (70 FR 43663), we 

proposed to approve 2003 plan 

amendments for the South Coast Air 

Basin (or ‘‘South Coast’’), as the plan 

amendments pertain to attainment of 

the 24-hour and annual PM–10 

NAAQS.1 We also proposed to approve 

revisions to the PM–10 plan for the 

Coachella Valley Planning Area 

(‘‘Coachella Valley’’).2 We proposed to 

approve the plans’’ PM–10 motor 

vehicle emissions budgets for purposes 

of transportation conformity. Finally, 

we proposed to approve revisions to 

Rules 403, 403.1, and 1186 of the South 

69082 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

3This supplemental information is incorporated 

in the Docket for this rulemaking and it is also 

available electronically at: http://www.aqmd.gov/ 

hb/2004/041239a.html 

Coast Air Quality Management District 

(SCAQMD) regulating fugitive dust 

emissions, and revised fugitive dust 

ordinances for Coachella Valley 

jurisdictions. These revisions update, 

improve, strengthen, and supplement 

the approved SIP provisions for control 

of PM–10 and PM–10 precursors in the 

two areas. 

Our proposal was based on the 

following SIP submittals by the State of 

California: 

(1) That portion of the 2003 South 

Coast Air Quality Management Plan 

(‘‘2003 South Coast AQMP’’), including 

motor vehicle emissions budgets, 

adopted by the SCAQMD on August 1, 

2003, and submitted to us on January 9, 

2004, that pertains to PM–10; 

(2) the 2003 Coachella Valley PM10 

State Implementation Plan (‘‘2003 

Coachella Valley Plan’’), including 

motor vehicle emissions budgets, 

adopted by the SCAQMD on August 1, 

2003, and submitted to us on January 9, 

2004; 

(3) revisions to Rules 403, 403.1, and 

1186, adopted by SCAQMD on April 2, 

2004, and submitted by CARB on July 

29, 2004; 

(4) revisions to the implementation 

handbooks for Rules 403 and 403.1, 

adopted by SCAQMD on April 2, 2004, 

and submitted by CARB on November 

16, 2004; and 

(5) revised Coachella Valley 

ordinances, which were adopted by the 

local jurisdictions on various dates in 

2003 and 2004, and submitted by CARB 

on November 16, 2004. 

Our proposal contains detailed 

information on these SIP submittals and 

our evaluation of the submittals against 

applicable CAA provisions and EPA 

policies relating to serious area PM–10 

SIPs. 

II. Public Comments 

We received two public comments. 

The first comment was from SCAQMD 

(e-mail from Jill Whynot, dated August 

26, 2005), requesting that we annotate 

Table 1 (‘‘South Coast PM–10 Control 

Measures’’), with a footnote updating 

information on certain of the measures, 

and Table 2 (‘‘South Coast Emission 

Reduction Commitments), with a 

footnote providing an update on the 

implementation of measure CMB–07. 

We have inserted new footnote 3 in 

Table 1 and new footnote 1 in Table 2, 

below, as requested by SCAQMD. 

With respect to the note on Table 1, 

the SCAQMD referenced material 

provided on Agenda Item #39 for the 

December 3, 2004 Governing Board 

meeting.3 The PRC–03 emission 

reduction commitment for under-fired 

charbroilers was projected to be 0.2 tons 

per day (tpd) of PM–10 by 2006 and 1.0 

tpd by 2010. Substitute reductions come 

from the implementation of Rules 1186 

and 403. The reductions in excess of the 

AQMP commitment are estimated to be 

0.7 tpd starting in 2005 for Rule 403 and 

0.28 tpd for Rule 1186 starting in 2006, 

for a total of 0.98 tpd of PM–10. With 

growth factors applied, the reduction is 

estimated to be 1.04 tpd of PM–10 in 

2010. Emission reductions from these 

two rules are not counted in the 2003 

South Coast AQMP, and thus 0.28 tpd 

in 2006 and 1.0 tpd of PM–10 

reductions in 2010 may be substituted 

for the SIP commitment for PRC–03. 

This ensures that the plan will continue 

to meet the requirements for reasonable 

further progress and attainment. 

TABLE 1.—SOUTH COAST PM–10 CONTROL MEASURES

[Source: South Coast 2003 AQMP, Appendix IV–A] 

Control measure No. Control measure title 

2006 reduction 

target in tons 

per day 

Remaining 2002 SIP Control Measures 

CMB–07 ......................... Emission Reductions from Petroleum Refinery Flares (SOx) ................................................................ 2.1 

CMB–09 1 ....................... Petroleum Refinery Fluid Catalytic Cracking Units (PM–10, NH3) ........................................................ 0.1, 0 

WST–01 1 ....................... Emission Reductions from Livestock Waste (VOC, NH3) ...................................................................... 4.2, 8.7 

WST–02 1 ....................... Emission Reductions from Composting (VOC, NH3) ............................................................................. 1.2, 1.9 

PRC–03 (P2) .................. Emission Reductions from Restaurant Operations (PM–10) 3 ............................................................... 0.2 

New Control Measures 

BCM–07 1 ....................... Further PM10 Reductions from Fugitive Dust Sources (PM–10) ........................................................... TBD 

BCM–08 1 ....................... Further Emission Reductions from Aggregate and Cement Manufacturing Operations (PM–10) ......... 0.6 

MSC–04 ......................... Miscellaneous Ammonia Sources (NH3) ................................................................................................ TBD 

MSC–06 ......................... Wood-Burning Fireplaces and Wood Stoves (PM–10) ........................................................................... TBD 

TCB–01 2 ........................ Transportation Conformity Backstop Measure (PM–10) ........................................................................ 0 

1These measures have already been adopted by SCAQMD. Revisions to Rules 403 and 1186 fulfill BCM–07; new Rule 1127 (Emission Reductions from Livestock Waste, adopted 8/6/04) addresses WST–01; new Rule 1133.2 (Emission Reductions from Co-Composting Operations, 

adopted 1/10/03) responds to WST–02 commitments; new Rule 1105.1 (Reduction of PM–10 and Ammonia Emissions from Fluid Catalytic 

Cracking Units, adopted 11/7/03) meets the CMB–09 commitment; and new Rule 1157 (PM–10 Emissions Reductions from Aggregate and Related Operations, adopted 1/07/05) fulfills the BCM–08 commitment. 2This measure, which is intended to achieve reductions in PM–10 after the 2006 attainment date, is discussed below and in Section II.G., 

Motor Vehicle Emission Budgets. 3 In December 2004, the SCAQMD Governing Board made a finding at a public hearing that further reductions for this category were infeasible 

at this time. Emission reductions from Rules 403—Fugitive Dust, and 1186—PM–10 Emissions from Paved and Unpaved Roads, and Livestock 

Operations, were substituted for the emission reduction commitments for PRC–03. 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69083 

TABLE 2.—SOUTH COAST EMISSION REDUCTION COMMITMENTS—COMMITMENTS TO ADOPT AND IMPLEMENT NEW

MEASURES TO ACHIEVE EMISSION REDUCTIONS IN TONS PER DAY FROM 2010 PLANNING INVENTORY

[Source: South Coast 2003 AQMP, Table 4–8A] 

Year 

VOC PM–10 NOX SOX1

Adopt Impl Adopt Impl Adopt Impl Adopt Impl 

2004 ................................................................................. 2 .0 0 1 .7 0 3 .0 0 2 .1 0 

2005 ................................................................................. 2 .0 0 0 0 .16 2 .1 0 0 2 .1 

2006 ................................................................................. 0 4 .8 0 0 .86 0 0 0 0 

1 Compliance reports from the current version of Rule 1118—Emissions from Refinery Flares, show that these emission reductions have already been achieved since 2003. Amendments to Rule 1118 currently being developed, and scheduled for consideration by the SCAQMD Governing Board in 2005, would maintain the current reductions and seek additional reductions. 

As noted in our proposal, the 2003 

Coachella Valley Plan contains no new 

control measure commitments, but 

relies on the adopted revisions to Rules 

403 and 403.1 and the local ordinances. 

The second comment was from CARB 

(letter from Cynthia Marvin, dated 

August 29, 2005). CARB pointed out 

that Table 8 (‘‘Proposed Approvals of 

South Coast and Coachella Valley PM–

10 Attainment Plan Submittals’’) 

contains a typographical error, in 

referencing contingency measure CTY–

04. We have corrected this error in 

Table 3 (‘‘Approvals of South Coast and 

Coachella Valley PM–10 Attainment 

Plan Submittals’’) in section III below, 

by indicating that the approved 

contingency measure is CTY–14. 

CARB also asked that we note that the 

2003 South Coast AQMP description of 

contingency measures CTY–01—

Accelerated Implementation of Control 

Measures, and TCB–01—Transportation 

Conformity Budget Backstop Measure 

incorrectly lists CARB as an 

implementing agency. We have added a 

new footnote 1 to Table 3 below, to 

indicate that these two contingency 

measures do not apply to CARB. 

III. EPA Action 

In this document, we are finalizing 

the actions on the submittals referenced 

above. We are approving revisions to 

SCAQMD Rules 403 (except for 

subdivision h), 403.1 (except for 

subdivision j), and 1186 regulating 

fugitive dust emissions; revisions to the 

implementation handbooks for the rules 

(Rule 403 Implementation Handbook, 

Chapters 5, 7, and 8; Rule 403 Coachella 

Valley Agricultural Handbook; Rule 

403.1 Implementation Handbook, 

Chapters 2, 3, 4, and 7); and revisions 

to the fugitive dust ordinances for 10 

Coachella Valley jurisdictions. These 

revisions update, improve, strengthen, 

supplement, and replace the SIP 

provisions for control of PM–10 and 

PM–10 precursors in the two areas. 

We are approving the 2003 plan 

amendments to the 2002 SIPs for the 

South Coast and Coachella Valley 

serious nonattainment areas, as the plan 

amendments pertain to CAA provisions 

applicable to attainment SIPs for the 24- 

hour and annual PM–10 NAAQS. 

Specifically, we are approving under 

section 110(k)(3) the PM–10 portions of 

the 2003 South Coast AQMP and the 

2003 Coachella Valley Plan with respect 

to the CAA requirements for emissions 

inventories under section 172(c)(3); 

control measures, as meeting the 

requirements of sections 110(a), 188(e), 

and 189(b)(1)(B); reasonable further 

progress under section 189(c)(1); 

contingency measures under section 

172(c)(9); demonstration of attainment 

under section 189(b)(1)(A); and motor 

vehicle emissions budgets under section 

176(c)(2)(A). 

The South Coast and Coachella Valley 

budgets are displayed in our proposed 

approval as tables 6 and 7 respectively, 

at 70 FR 43672. We have previously 

determined that these budgets are 

adequate (see 69 FR 15325, March 25, 

2004), following posting of the budgets 

on EPA’s conformity Web site: http:// 

www.epa.gov/ otaq/transp/conform/ 

reg9sips.htm. 

We show the plan approvals in Table 

3—‘‘Approvals of South Coast and 

Coachella Valley PM–10 Attainment 

Plan Submittals.’’

TABLE 3.—APPROVALS OF SOUTH COAST AND COACHELLA VALLEY PM–10 ATTAINMENT PLAN SUBMITTALS

CAA Section Provision 

Plan Citation 

South Coast Coachella Valley 

172(c)(3) ...................... Emission Inventories .. 2003 South Coast AQMP, Chapter 3 (Tables 

3–1A and 3–3A); Appendix III (Tables A–1, 

A–2, A–3, A–5, and A–7); and Appendix V 

(Attachment 4).

2003 Coachella Valley Plan, Tables 2–2, 2–3, 

2–4, and 2–5. 

110(a), 188(e), and 

189(b)(1)(B).

Control Measures ....... Table 1 (derived from 2003 South Coast 

AQMP, Appendix IV–A) and Table 2 (derived from 2003 South Coast AQMP, Table 

4–8A).

No new measures. 

172(c)(2), 189(c)(1) ..... Reasonable Further 

Progress.

2003 South Coast AQMP, Table 6–1 ............. Table 5 at 70 FR 43671 (derived from 2003 

Coachella Valley Plan, Tables 2–9 and 2–

7). 

172(c)(9) ...................... Contingency Measures 2003 South Coast AQMP, Appendix IV–A, 

Section 2 (CTY–01, CTY–14, TCB–01)1.

No new measures. 

189(b)(1)(A) ................. Attainment Demonstration.2003 South Coast AQMP, Chapter 5; Appendix V, Chapter 2.2003 Coachella Valley Plan, Chapter 3. 

69084 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

TABLE 3.—APPROVALS OF SOUTH COAST AND COACHELLA VALLEY PM–10 ATTAINMENT PLAN SUBMITTALS—Continued 

CAA Section Provision 

Plan Citation 

South Coast Coachella Valley 

176(c)(2)(A) ................. Motor Vehicle Emissions Budgets.Table 6 at 70 FR 43672 (derived from ‘‘2003 

South Coast AQMP On-Road Motor Vehicle Emissions Budgets’’).

Table 7 at (derived 70 FR 43672 from ‘‘2003 

Coachella Valley PM–10 SIP On-Road 

Motor Vehicle Emissions Budgets’’). 

1The contingency measures do not contain a commitment by CARB. 

IV. Administrative Requirements 

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.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 16, 2005. 

Laura Yoshii, 

Acting 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)(333)(i)(A)(2), 

(c)(339), and (c)(340) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(333) * * * 

(i) * * * 

(A) * * * 

(2) Amended Rules 403 (except for 

subdivision h), 403.1 (except for 

subdivision j), and 1186, as adopted on 

April 2, 2004. 

* * * * * 

(339) New and amended plans for the 

following agency were submitted on 

January 9, 2004, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District (SCAQMD). 

(1) South Coast 2003 Air Quality 

Management Plan (AQMP), as adopted 

by SCAQMD on August 1, 2003, and by 

California Air Resources Board on 

October 23, 2003. 

(i) Baseline and projected emissions 

inventories in AQMP Chapter III Tables 

3–1A and 3–3A, in Appendix III Tables 

A–1, A–2, A–3, A–5, and A–7, and in 

Appendix V Attachment 4; SCAQMD 

commitment to adopt and implement 

control measures CMB–07, CMB–09, 

WST–01, WST–02, PRC–03, BCM–07, 

BCM–08, MSC–04, MSC–06, TCB–01 in 

AQMP Chapter 4 Table 4–8A, and in 

Appendix IV–A); PM–10 reasonable 

further progress in AQMP Chapter 6, 

Table 6–1 and in Appendix V Chapter 

2; contingency measures CTY–01, CTY–

14, TCB–01 in Appendix IV–A Section 

2; PM–10 attainment demonstration in 

AQMP Chapter 5, and in Appendix V 

Chapter 2; and motor vehicle emissions 

budgets in ‘‘2003 South Coast AQMP 

On-Road Motor Vehicle Emissions 

Budgets.’’

(2) 2003 Coachella Valley PM–10 

State Implementation Plan, as adopted 

by SCAQMD on August 1, 2003, and by 

California Air Resources Board on 

October 23, 2003. 

(i) Baseline and projected emissions 

inventories in Tables 2–2, 2–3, 2–4, and 

2–5; reasonable further progress in 

Tables 2–9 and 2–7; attainment 

demonstration in Chapter 3; and motor 

vehicle emissions budgets in ‘‘2003 

Coachella Valley PM–10 SIP On-Road 

Motor Vehicle Emissions Budgets.’’

* * * * * 

(340) New and amended rules for the 

following agencies were submitted on 

November 16, 2004, by the Governor’s 

designee. 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69085 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District (SCAQMD). 

(1) Amended Handbooks for Rules 

403 (Chapters 5, 7, and 8) and 403.1 

(Chapters 2, 3, 4, and 7), as adopted on 

April 2, 2004. 

(B) Plan revisions for the Coachella 

Valley Planning Area. 

(1) Fugitive dust control ordinances 

for: City of Cathedral City Ordinance 

No. 583 (1/14/04), City of Coachella 

Ordinance No. 896 (10/8/03), City of 

Desert Hot Springs Ordinance No. 2003–

16 (10/7/03), City of Indian Wells 

Ordinance No. 545 (11/6/03), City of 

Indio Ordinance No. 1357 (12/3/03), 

City of La Quinta Ordinance No. 391 

(12/2/03), City of Palm Desert 

Ordinance No. 1056 (11/13/03), City of 

Palm Springs Ordinance No. 1639 (11/ 

5/03), City of Rancho Mirage 

Ordinances No. 855 (12/18/03) and No. 

863 (4/29/04), and County of Riverside 

Ordinance No. 742.1 (1/13/04). 

[FR Doc. 05–22463 Filed 11–10–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IN–0009; FRL–7995–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Indiana; Redesignation of 

Greene County and Jackson County 8- 

Hour Ozone Nonattainment Areas To 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is making determinations 

that the Greene County and Jackson 

County ozone nonattainment areas have 

attained the 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). These determinations are 

based on three years of complete, 

quality-assured ambient air quality 

monitoring data for the 2002–2004 

seasons that demonstrate that the 8-hour 

ozone NAAQS has been attained in the 

areas. 

EPA is approving requests from the 

State of Indiana to redesignate the 

Greene County and Jackson County 

areas to attainment of the 8-hour ozone 

NAAQS. These requests were submitted 

by the Indiana Department of 

Environmental Management (IDEM) on 

July 15, 2005 and supplemented on 

September 6, 2005, September 7, 2005, 

October 6, 2005, and October 20, 2005. 

In approving these requests, EPA is also 

approving the State’s plans for 

maintaining the 8-hour ozone NAAQS 

through 2015 in these areas as a revision 

to the Indiana State Implementation 

Plan (SIP). EPA is also finding adequate 

and approving the State’s 2015 Motor 

Vehicle Emission Budgets (MVEBs) for 

these areas. 

DATES: This rule is effective on 

December 29, 2005, unless EPA receives 

adverse written comments by December 

14, 2005. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0009, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comments 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: mooney.john@epa.gov. 

4. Fax: (312) 886–5824. 

5. Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

6. Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 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 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0009. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided and may 

be made available online at http:// 

docket.epa.gov/rmepub/, 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 RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 RME or 

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 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

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 RME or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 before 

visiting the Region 5 office. This Facility 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’ Agostino, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. What Actions Is EPA Taking?