3768 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 

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 March 27, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 7, 2005. 

Kerrigan G. Clough, 

Acting Regional Administrator, Region 8. 

■ 40 CFR part 52 is amended to read 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 JJ—North Dakota 

■ 2. Section 52.1820 is amended by 

adding paragraph (c)(35) to read as 

follows: 

§ 52.1820 Identification of plan. 

* * * * * 

(c) * * * 

(35) Certain revisions to the North 

Dakota State Implementation Plan and 

Air Pollution Control Rules as 

submitted by the Governor with a letter 

dated April 11, 2003. The revisions 

affect portions of North Dakota 

Administrative Code (N.D.A.C.) 

regarding construction and minor 

source permitting. 

(i) Incorporation by reference. 

(A) Revisions to the North Dakota Air 

Pollution Control Rules as follows: 

(1) In Chapter 33–15–14, N.D.A.C., 

Designated Air Contaminant Sources, 

Permit to Construct, Minor Source 

Permit to Operate, Title V Permit to 

Operate, the sentence in each first 

paragraph of subsections 33–15–14–

02.19 and 33–15–14–03.16 that reads as 

follows, ‘‘In the event that the 

modification would be a major 

modification as defined in chapter 33–

15–15, the department shall follow the 

procedures established in chapter 33–

15–15.’’ These revisions were effective 

March 1, 2003. 

[FR Doc. 06–629 Filed 1–23–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No.: EPA–R10–OAR–2005–OR–

0001; FRL–8015–3] 

Approval and Promulgation of State 

Implementation Plans: Oregon; 

Portland Carbon Monoxide Second 10- 

Year Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes our 

approval of the State Implementation 

Plan (SIP) revisions submitted by the 

Oregon Department of Environmental 

Quality on January 3, 2005. EPA is 

approving the State of Oregon’s second 

10-year carbon monoxide (CO) 

maintenance plan for the Portland 

maintenance area. Specifically, EPA is 

approving the following: Oregon’s 

demonstration that the Portland CO 

Attainment Area will maintain air 

quality standards for CO through the 

year 2017; a revised CO motor vehicle 

emissions budget for transportation 

conformity purposes using the 

MOBILE6.2 emissions model and latest 

growth and planning assumptions; and 

revised state implementation plan (SIP) 

control strategies and contingency 

measures. 

DATES: This final rule is effective on 

February 23, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2005–OR–0001. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

http://www.regulations.gov or in hard 

copy at the EPA, Region 10, Office of 

Air, Waste and Toxics (AWT–107), 1200 

Sixth Avenue, Seattle WA. EPA requests 

that if all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Gina 

Bonifacino, Office of Air, Waste and 

Toxics (AWT–107), EPA Region 10, 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3769 

1200 Sixth Avenue, Seattle WA 98101; 

telephone number: (206) 553–2970; fax 

number: (206) 553–0110; e-mail address: 

bonifacino.gina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘awe,’’ ‘‘aus,’’ or ‘‘aour’’ is used, we 

mean the EPA. Information is organized 

as follows: 

I. What Is the Background of This 

Rulemaking? 

II. What Comments Did We Receive on the 

Proposed Action? 

III. What Is Our Final Action? 

IV. Statutory and Executive Order Reviews 

I. What Is the Background of This 

Rulemaking? 

On September 6, 2005, EPA published 

in the Federal Register, a detailed 

description of our proposed action to 

approve the Portland, Oregon, CO 

Second 10-year maintenance plan. See 

70 FR 52956. 

The air quality data shows that the 

Portland CO maintenance area has not 

recorded a violation of the primary or 

secondary CO air quality standards 

since 1989. EPA believes the area will 

continue to meet the National Ambient 

Air Quality Standards (NAAQS or 

standards) until at least 2017 as required 

by the Clean Air Act. 

II. What Comments Did We Receive on 

the Proposed Action? 

EPA provided a 30-day review and 

comment period to solicit comments on 

our proposal published in the 

September 6, 2005 Federal Register. We 

received one comment letter on the 

proposed rulemaking. This comment 

letter was from Pacific Environmental 

Advocacy Center on behalf of the 

Northwest Environmental Defense 

Center. In general, the letter opposed the 

proposed SIP revision. The comments 

and our responses are summarized as 

follows: 

Comment: The commenter states that 

EPA cannot approve Oregon’s proposed 

CO Maintenance Plan because it does 

not account for agricultural sources’

contributions to CO in the Portland area. 

Response: The Portland Area Carbon 

Monoxide Maintenance Plan Emission 

Inventory and Forecast was prepared 

using current and applicable EPA 

procedure and guidance documents and 

computer software programs. The 

primary procedure and guidance 

documents are Procedures for the 

Preparation of Emission Inventories for 

Carbon Monoxide and Precursors of 

Ozone, Volume I, and Emission 

Inventory Requirements for Carbon 

Monoxide State Implementation Plans. 

Emission factors were taken from the 

supplemental Short List of AMS SCCS 

and Emission Factors, and Compilation 

of Air Pollutant Emission Factors (AP–

42). 

By letter dated November 15, 2005, as 

corrected on November 21, 2005, the 

Oregon Department of Environmental 

Quality (ODEQ) provided specific 

information in response to the 

comment. As part of the Portland carbon 

monoxide maintenance plan, 

agricultural activity was inventoried per 

EPA guidance. The types of agricultural 

activity inventoried by ODEQ were 

orchard pruning burning (11 tons/year), 

agriculture field burning (61 tons/year) 

and non-road agriculture equipment 

(298.9 tons/year) for a total of 370.8 

tons/year. The 370.8 tons of CO that 

ODEQ calculates are generated by 

agriculture in the Portland area 

represents .07% of the region’s total. 

ODEQ informed EPA that there are no 

Concentrated Animal Feeding 

Operations (CAFOs) within the 

boundary of the Portland CO 

Maintenance Area. 

CO is not a pollutant where transport 

is a concern and there is no information 

to suggest that CO emissions from 

CAFOs outside of the Portland CO 

Maintenance Area impact CO levels 

within the maintenance area. For these 

reasons, EPA finds the State of Oregon’s 

second 10-year CO maintenance plan for 

the Portland CO Maintenance Area 

adequately accounts for emissions from 

agricultural sources. 

Comment: The commenter states 

ODEQ cannot properly implement the 

maintenance plan as a result of budget 

cuts. Specifically, the commenter is 

concerned because the ODEQ air 

program is expected to lose nearly 20 

staff members and 4 of the 5 air quality 

monitors that were installed in the 

Portland area several years ago are being 

decommissioned. 

Response: ODEQ has informed EPA 

that the four air quality monitors which 

are to be decommissioned by ODEQ due 

to budget cuts are part of a temporary 

effort to investigate toxic air pollutants 

in the Portland airshed. The monitors to 

be removed do not measure CO and are 

not required by EPA for monitoring of 

CO. As stated in the maintenance plan 

submitted by ODEQ, three CO monitors 

operating in the Portland CO 

maintenance area will continue to 

operate throughout the second 10-year 

period. For these reasons, EPA believes 

that ODEQ will continue to fulfill the 

monitoring commitments set forth in the 

Maintenance Plan. 

III. What Is Our Final Action? 

EPA is taking final action to approve 

the Portland, Oregon CO Second 10- 

Year Maintenance Plan consistent with 

the published proposal. A Technical 

Support Document on file at the EPA 

Region 10 office contains a detailed 

analysis and rationale in support of the 

plan. 

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 

(Public Law 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. 


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3770 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 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 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 March 27, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: December 8, 2005. 

L. Michael Bogert, 

Regional Administrator, EPA Region 10. 

■ 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 MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraph (c)(145) to read as 

follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(145) On December 27, 2004, the 

Oregon Department of Environmental 

Quality submitted to the Regional 

Administrator of EPA, the Second 

Portland Area Carbon Monoxide 

Maintenance Plan that demonstrates 

continued attainment of the NAAQS for 

carbon monoxide through the year 2017. 

(i) Incorporation by reference. 

(A) Oregon Administrative Rules, 

Chapter 340: 200–0040, 204–0090 and 

242–0440, as effective December 15, 

2004. 

■ 3. Paragraph (a) of § 52.1973 is revised 

to read as follows: 

§ 52.1973 Approval of plans. 

(a) Carbon monoxide. 

(1) EPA approves as a revision to the 

Oregon State Implementation Plan, the 

Second Portland Area Carbon Monoxide 

Maintenance Plan, effective December 

15, 2004, and submitted to EPA on 

December 27, 2004. 

(2) [Reserved] 

* * * * * 

[FR Doc. 06–636 Filed 1–23–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2005–MT–0001, FRL–8012–

5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana; 

Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving State Implementation 

Plan (SIP) revisions submitted by the 

State of Montana on August 25, 2004. 

The revisions are to the Administrative 

Rules of Montana and correct internal 

references to state documents; correct 

references to, or update citations of, 

Federal documents; and make minor 

editorial changes. The intended effect of 

this action is to make federally 

enforceable those provisions that EPA is 

approving. This action is being taken 

under section 110 of the Clean Air Act. 

DATES: This rule is effective on March 

27, 2006 without further notice, unless 

EPA receives adverse comment by 

February 23, 2006. If adverse comment 

is received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

OAR–2005–MT–0001, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: long.richard@epa.gov and 

ostrand.laurie@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Richard R. Long, Director, Air 

and Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 999 18th Street, Suite 

200, Denver, Colorado 80202–2466. 

• Hand Delivery: Richard R. Long, 

Director, Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 999 

18th Street, Suite 300, Denver, Colorado 

80202–2466. 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 of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2005–

MT–0001. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

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


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