Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Rules and Regulations 8461 

[FR Doc. 06–1397 Filed 2–16–06; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0055; FRL–8030–7] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley Air 

Pollution Control District portion of the 

California State Implementation Plan 

(SIP). These revisions were proposed in 

the Federal Register on August 30, 2005 

and concern particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers (PM–10) 

emissions from fugitive dust sources. 

We are approving local rules that 

regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

EFFECTIVE DATE: This rule is effective on 

March 20, 2006. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2006–0055 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: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On August 30, 2005 (70 FR 51303), 

EPA proposed to approve the following 

rules into the California SIP: 

TABLE 1.—SUBMITTED RULES

Rule No. Rule title Adopted Submitted 

8011 ......... General Requirements .............................................................................................................................. 08/19/04 09/23/04 

8021 ......... Construction, Excavation, Extraction, and Other Earthmoving ................................................................ 08/19/04 09/23/04 

8031 ......... Bulk Materials ........................................................................................................................................... 08/19/04 09/23/04 

8041 ......... Carryout and Trackout .............................................................................................................................. 08/19/04 09/23/04 

8051 ......... Open Areas ............................................................................................................................................... 08/19/04 09/23/04 

8061 ......... Paved and Unpaved Roads ...................................................................................................................... 08/19/04 09/23/04 

8071 ......... Unpaved Traffic Areas .............................................................................................................................. 09/16/04 09/23/04 

8081 ......... Agricultural Sources .................................................................................................................................. 09/16/04 09/23/04 

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 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received comments 

supportive of our approval of the rules 

from the following parties: 

1. Roger A. Isom, California Cotton 

Ginners and Growers Association 

(CCGGA); letter dated January 10, 2006. 

2. San Joaquin Valley agricultural 

groups: California Citrus Mutual; 

California Grape and Tree Fruit League; 

Fresno County Farm Bureau; Kings 

County Farm Bureau; Merced County 

Farm Bureau; Nisei Farmers League; 

letter dated January 10, 2006. 

We received no adverse comments on 

our proposed action. 

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 these rules 

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 these 

rules 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). 

These rules also do not have tribal 

implications because they 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 state rules implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. These rules also are not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because they are not economically 

significant. 


wwhite on PROD1PC61 with RULES
8462 Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Rules and Regulations 

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 these rules 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 April 18, 2006. 

Filing a petition for reconsideration by 

the Administrator of these final rules do 

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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: January 24, 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 paragraph (c)(334) (i)(B)(2) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(334) * * * 

(i) * * * 

(B) * * * 

(2) Rules 8011, 8021, 8031, 8041, 

8051, and 8061, amended on August 19, 

2004 and Rules 8071 and 8081, 

amended on September 16, 2004. 

* * * * * 

[FR Doc. 06–1413 Filed 2–16–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2005–0003; FRL–8033–9] 

RIN 2050–AG28 

Oil Pollution Prevention; NonTransportation Related Onshore 

Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency is today extending the dates by 

which facilities must prepare or amend 

Spill Prevention, Control, and 

Countermeasure (SPCC) Plans, and 

implement those Plans. This action 

allows the Agency time to take final 

action on proposed revisions to the July 

17, 2002 SPCC rule before owners and 

operators of facilities are required to 

meet requirements of that rule when 

preparing or amending their SPCC 

Plans. 

DATES: This final rule is effective 

February 17, 2006. 

ADDRESSES: The public docket for this 

final rule, Docket ID No. EPA–HQ–

OPA–2005–0003, contains the 

information related to this rulemaking, 

including the response to comment 

document. All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information 

may not be 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, will be publicly available only 

in hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket, EPA/DC, EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. 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 of the Public Reading Room is 

202–566–1744, and the telephone 

number to make an appointment to view 

the docket is 202–566–0276. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP, and Oil 

Information Center at (800) 424–9346 or 

TDD (800) 553–7672 (hearing impaired). 

In the Washington, DC metropolitan 

area, call (703) 421–9810 or TDD (703) 

421–3323. For more detailed 

information on specific aspects of this 

final rule, contact either Vanessa 

Rodriguez at (202) 564–7913 

(rodriguez.vanessa@epa.gov), or Mark 

W. Howard at (202) 564–1964 

(howard.markw@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC, 20460–0002, Mail 

Code 5104A. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; 

E.O. 12777 (October 18, 1991), 3 CFR, 

1991 Comp., p. 351. 

II. Background 

On July 17, 2002, the Agency 

published a final rule that amended the 

SPCC regulations (see 67 FR 47042). The 

rule became effective on August 16, 

2002. The final rule included 

compliance dates in § 112.3 for 

preparing, amending, and implementing 

SPCC Plans. The original compliance 

dates were amended on January 9, 2003 

(see 68 FR 1348), again on April 17, 

2003 (see 68 FR 18890), and a third time 

on August 11, 2004 (see 69 FR 48794). 

Under the regulations in effect prior 

to this final rule, § 112.3(a) and (b) 

required a facility that was in operation 

on or before August 16, 2002 to make 

any necessary amendments to its SPCC 


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