28270 Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations 

(c) In general, final proposals will be 

considered on the following selection 

criteria: 

(1) Importance of the problem. Each 

proposal will be evaluated according to 

the merit of how it addresses issue(s) of 

national capacity. The proposal must 

articulate the importance of the problem 

it addresses, how the proposal addresses 

issues of national capacity in 

international education, and how it is 

consistent with the objectives of the 

NSEP. 

(2) Importance of proposed foreign 

language(s), foreign area(s), field(s) or 

discipline(s). The proposal will be 

evaluated according to how well it 

articulates the need for programs in the 

proposed areas, languages, fields, or 

disciplines. 

(3) Identification of need and gaps/ 

shortfalls. The proposal will be 

evaluated according to its 

persuasiveness in identifying where the 

needs exist and where serious shortfalls 

exist in the capacity to fill the need. The 

proposal should clearly identify why 

these gaps exist and provide a strong 

indication of familiarity with the state of 

the field in the proposal area. 

(4) Cost effectiveness. Proposals will 

be evaluated on the basis of 

‘‘educational value for the dollar.’’

NSEP is interested in funding proposals 

in areas where other funding is limited 

or in areas where NSEP funding can 

significantly augment or complement 

other sources. NSEP is not interested in 

replacing funds available from other 

sources or in duplicating other efforts. 

Also, NSEP is interested in projects 

whose dollar levels and long-range 

budget plans provide for realistic 

continuation by the grantee institution 

and adaptation by other institutions. 

NSEP is interested in proposed 

approaches to leveraging other funds 

against the proposed project. 

(5) Evaluation plans. Proposals will 

be evaluated on their approach to 

measuring impact. What impact will the 

proposed program have on national 

capacity? How will the proposed 

program deal with assessing language 

and foreign cultural competency? In the 

case of study abroad programs, how will 

the success and impact of study abroad 

experiences be assessed. Proposals 

should not defer the consideration of 

these issues to a latter stage of the effort. 

Evaluation and assessment should be an 

integral part of the entire proposal 

effort. 

(6) Prospects for wider impact. 

Proposals must address national needs 

and will be evaluated according to how 

well they are likely to address these 

needs. What component of the higher 

education community does the proposal 

address? How diverse a student 

population will the proposed program 

address? What applications to other 

institutions will be made available, 

either directly or indirectly, because of 

the proposed program? 

(7) Capacity and commitment of the 

applicant. The proposal will be 

evaluated according to the evidence 

provided on the commitment of the 

institution, and other institutions, to the 

proposed project. What other 

institutions are involved and what is 

their commitment? If there are 

commitments from foreign institutions, 

what is the evidence of this 

commitment? Are their plans for the 

institution to integrate the efforts of the 

proposed program into the educational 

process? What plans are there for 

eventual self-support? As with many 

other similar programs, NSEP is 

particularly interested in the degree to 

which the institution is willing to bear 

a reasonable share of the direct and 

indirect costs of the proposed project. 

(d) Applicants should also indicate if 

they currently receive or are seeking 

support from other sources. Applicants 

should indicate why support from NSEP 

is appropriate, if other sources are also 

being sought. 

Dated: May 10, 2006. 

L.M. Bynum, 

OSD Federal Register Liaison Officer, DoD. 

[FR Doc. 06–4532 Filed 5–15–06; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0272; FRL–8159–7] 

Revisions to the Arizona State 

Implementation Plan, Arizona 

Department of Environmental Quality, 

Pima County Department of 

Environmental Quality, and Pinal 

County Air Quality Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Arizona Department of Environmental 

Quality (ADEQ), Pima County 

Department of Environmental Quality 

(PCDEQ), and Pinal County Air Quality 

Control District (PCAQCD) portions of 

the Arizona State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM–10) emissions 

from open burning. We are approving 

local rules that regulate this emission 

source under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on July 17, 

2006 without further notice, unless EPA 

receives adverse comments by June 15, 

2006. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2006–0272, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

• E-mail: steckel.andrew@epa.gov. 

• Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action 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: Al 

Petersen, EPA Region IX, (415) 947–

4118, petersen.alfred@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations 28271 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rule revisions meet the 

evaluation criteria? 

C. EPA Recommendations To Further 

Improve a Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that the 

amended rules were adopted by the 

local air agencies and submitted by the 

ADEQ. 

TABLE 1.—SUBMITTED RULES FOR DIRECT FINAL APPROVAL

Local agency Rule No. Rule title Amended Submitted 

ADEQ ................ R18–2–602 ....... Unlawful Open Burning ..................................................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1501 ..... Definitions .......................................................................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1502 ..... Applicability ........................................................................................................ 03/16/04 12/30/04 

ADEQ ................ R18–2–1503 ..... Annual Registration, Program Evaluation and Planning ................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1504 ..... Prescribed Burn Plan ........................................................................................ 03/16/04 12/30/04 

ADEQ ................ R18–2–1505 ..... Prescribed Burn Requests and Authorization ................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1506 ..... Smoke Dispersion and Evaluation .................................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1507 ..... Prescribed Burn Accomplishment; Wildfire Reporting ...................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1508 ..... Wildland Fire Use: Plan, Authorization, Monitoring; Inter-Agency Consultation; Status Reporting.03/16/04 12/30/04 

ADEQ ................ R18–2–1509 ..... Emission Reduction Techniques ....................................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1510 ..... Smoke Management Techniques ..................................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1511 ..... Monitoring .......................................................................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1512 ..... Burner Qualifications ......................................................................................... 03/16/04 12/30/04 

ADEQ ................ R18–2–1513 ..... Public Notification Program; Regional Coordination ......................................... 03/16/04 12/30/04 

PCDEQ ............. 17.12.480 ......... Open Burning Permits ....................................................................................... 10/19/04 12/30/04 

PCAQCD ........... 3–8–700 ........... General Provisions ............................................................................................ 10/27/04 12/30/04 

PCAQCD ........... 3–8–710 ........... Permit Provisions and Administration ............................................................... 10/27/04 12/30/04 

On June 30, 2005, the submittal of 

ADEQ Rule R18–2–602, ADEQ Rules 

R18–2–1501 through R18–2–1513, 

PCDEQ Rule 17.12.480, and PCAQCD 

Rules 3–8–700 and 3–8–710 were 

determined by operation of law to meet 

the completeness criteria in 40 CFR part 

51 appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of these 

rules? 

We approved versions of ADEQ Rule 

R18–2–602 into the SIP on October 19, 

1984 (49 FR 41026) and April 23, 1982 

(47 FR 17485) as Rule R9–3–402. We 

approved a version of combined ADEQ 

Rules R18–2–1501 through R18–2–1513 

into the SIP on April 23, 1982 (47 FR 

17485) as Rule R9–3–403. 

We approved versions of PCAQCD 

Rules 3–8–700 and 3–8–710 into the SIP 

on April 28, 2004 (69 FR 23103). 

We approved a version of PCDEQ 

Rule 17.12.480 into the SIP as combined 

Rules 204, section A; 204, section B; and 

Table 204 on April 16, 1982 (47 FR 

16328). 

C. What is the purpose of the submitted 

rule revisions? 

Section 110(a) of the Clean Air Act 

(CAA) requires states to submit 

regulations that control volatile organic 

compounds, nitrogen oxides, particulate 

matter, and other air pollutants which 

harm human health and the 

environment. These rules were 

developed as part of the local air 

district’s programs to control these 

pollutants. 

The purposes of the revisions of 

ADEQ Rule R18–2–602 relative to the 

SIP rule are as follows: 

• 602.B: The rule adds 11 definitions 

for improved clarity. 

• 602.D.1: The rule adds a list of 

types of burning that may be permitted, 

to include construction burning, 

agricultural burning, residential 

burning, prescribed burning, weed 

abatement, prevention of fire hazard, 

and air curtain destructor operation. 

• 602.D.3.e: The rule adds a 

requirement for an applicant to state the 

emission reduction techniques that will 

be used to minimize fire emissions. 

• 602.D.3.f: The rule adds a 

requirement for daily reporting on 

burns. 

• 602.D.3.g: The rule adds a 

requirement for notification before 

ignition of the burn. 

• 602.D.3.h–o: The rule adds 

requirements to start burning without 

black smoke, to attend the fire at all 

time, to have fire extinguishing 

equipment on-site, to locate a waste 

burner over 50 feet from any structure, 

to have a copy of the burn permit on 

site, to not burn during a stagnation 

advisory or a time when Class I areas 

might be affected, to not burn during an 

air pollution episode, and to allow the 

Director or a public officer to extinguish 

the fire during unfavorable conditions. 

• 602.D.3.p: The rule adds a 

provision that failure to obtain or 

comply with a permit is subject to civil 

or criminal penalties. 

• 602.G: The rule adds the option for 

the Director to delegate burn permitting 

authority to a county, town, air 

pollution control district, or fire district. 

• 602.H: The rule adds a requirement 

for the Director to hold an annual public 

meeting to discuss the open burning 

program and emission reduction 

techniques. 

The purposes of the revisions of Rules 

R18–2–1501 through R18–2–1513 

relative to the SIP rule are as follows: 

• 1501: The rule adds 23 definitions 

for improved clarity. 

• 1502: The rule extends the 

authority of ADEQ to regulate 

prescribed burning to all areas of the 

state, all federal and state land 

managers, and all private or municipal 

burners, except Indian Trust lands. 

• 1503: The rule adds to the 

information required for the annual 

burn permits for planned burning. The 

rule adds a requirement for annual 

evaluation meetings on past burn 

projects. 

• 1504: The rule adds extensive 

requirements for a burn plan to be 

submitted to ADEQ at least 14 days 

prior to ignition of the burn. 

• 1505: The rule adds extensive 

requirements for a daily burn plan to be 

submitted to ADEQ by at least 2 p.m. of 

the previous business day. ADEQ may 


cprice-sewell on PROD1PC66 with RULES
28272 Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations 

approve or modify the burn plan based 

on a change in weather conditions and 

potential impact on the public. 

• 1506: The rule adds 12 additional 

factors for ADEQ to evaluate daily burn 

plans for smoke dispersion on which 

ADEQ may approve, approve with 

conditions, or disapprove the daily burn 

plan. 

• 1507: The rule adds a requirement 

for the burner to submit a burn 

accomplishment form to ADEQ by 2 

p.m. the next day. Wildfires burning 

more than 100 acres per day in timber 

or slash or more than 300 acres per day 

of brush or grass must be reported by 

the entity with jurisdiction for the area 

of the fire. 

• 1508: The rule adds extensive 

requirements for reporting to ADEQ the 

beneficial use of a wildland fire incident 

exceeding 40 acres of timer or 250 acres 

of brush or grass. 

• 1509: The rule adds the 

requirement that as many emission 

reduction techniques (ERTs) as possible 

be used. A list of 16 potential ERTs is 

provided. 

• 1510: The rule adds the 

requirement that as many smoke 

management techniques (SMTs) as 

possible be used. A list of 11 potential 

SMTs is provided. 

• 1511: The rule adds extensive 

requirements for monitoring air quality 

before or during a prescribed burn or a 

wildland fire beneficial use incident, if 

necessary to assess smoke impacts. 

• 1512: The rule adds a requirement 

for a prescribed-fire boss to have formal 

training in fire and smoke management 

techniques. 

• 1513: The rule adds a requirement 

for the ADEQ Director to conduct a 

public education and awareness 

program in smoke management. 

The purposes of the revisions of 

PCDEQ Rule 17.12.480 relative to the 

SIP versions are as follows: 

• 480.A: The rule adds one definition, 

deletes three definitions, and changes 

the rule number. 

• 480.C.1.f: The rule adds an 

exemption from permitting for 

ceremonial destruction of flags. 

• 480.C.2.a: The rule adds an 

exemption from permitting for control 

of an active wildfire by a public official. 

• 480.C.4: The rule adds an 

exemption from permitting for 

prescribed burning by federal and state 

agencies. 

• 480.D.1: The rule adds the 

allowance to burn with a permit for 

agricultural burning and prescribed 

burning in the absence of a federal or 

state land manager. 

• 480.F: The rule adds the allowance 

to burn with a permit and an approved 

waste burner household waste where no 

household waste collection or disposal 

service is available on either farms of at 

least 40 acres or on a site where the 

nearest dwelling unit is at least 500 feet 

away. 

• 480: The revised rule deletes an 

exemption from permitting for the 

training of government officials in 

criminal-enforcement or nationaldefense activities and deletes an 

exemption from permitting for safety 

flares. 

The purposes of the PCAQCD Rule 3–

8–700 revisions relative to the SIP rule 

are as follows: 

• 700.A.4: The rule receives 

exemption provisions from section 

710.E for subterranean detonation of 

explosives, fireworks and pyrotechnics, 

and adds an exemption provision for 

ceremonial destruction of flags. 

• 700.A.5: The rule adds the 

provision that fires set for the disposal 

of materials shall be presumed to be 

larger than ‘‘de minimis.’’

• 700.B: The rule adds 12 definitions 

for improved clarity. 

• 700.C.1.c,d: The rule adds 

limitations on the amount to be burned 

in one month for small-scale residential 

permits to less than 10 cubic yards of 

uncompacted material and for largescale residential permits to less than 20 

cubic yards. 

• 700.C.2.b,c: The rule adds 

limitations on the amount to be burned 

in one month for small-scale 

commercial permits to less than 10 

cubic yards of uncompacted material 

and for large-scale commercial permits 

to less than 20 cubic yards. 

• 700.C.2.d: The rule adds various 

requirements and restrictions for 

commercial land-clearing permits of 

greater than 20 cubic yards. The rule 

also adds requirements for the use of air 

curtain destructors for land clearing. 

• 700.C.7: The rule adds a restriction 

of 20 cubic yards for a bonfire permit at 

civic events. 

• 700.D.2: The rule receives 

provisions for permit terms from section 

710.D and adds provisions for permit 

terms for training exercises, commercial 

land clearing, and bonfires. 

• 700.D.3: The rule adds the 

requirement that permits may be 

suspended due to air stagnation 

advisory, air pollution emergency 

episode, excessive visibility 

impairment, or extreme fire danger. 

• 700.D.4: The rule adds the 

requirement for an applicant to state the 

emission reduction techniques that will 

be used to minimize fire emissions. 

• 700.D.5: The rule adds permit 

conditions to limit burn times, limit 

wind speed, constantly attend the fire, 

completely extinguish the fire, start 

burning without black smoke, have fire 

extinguishing equipment on-site, have a 

waste burner over 50 feet from any 

structure, notify the fire agency of 

commencement of burning, prevent 

smoke dispersion into a populated area, 

prevent visibility impairment, not create 

a public nuisance, not burn when Class 

I areas might be affected, not cause 

uncontrollable spreading of the fire, not 

burn during a stagnation advisory, and 

not burn during an air pollution 

episode. 

• 700.E: The rule adds requirements 

for daily reporting on burns. 

• 700.G.1: The rule adds a ‘‘no-burn’’

restriction whenever monitoring and 

forecasting indicates that the carbon 

monoxide ambient standard is likely to 

be exceeded. 

• 700.G.2: The rule adds a ‘‘no-burn’’

restriction by operation of law whenever 

Maricopa Environmental Services 

Department or Arizona Department of 

Environmental Quality declares a ‘‘noburn’’ restriction in neighboring 

Maricopa County. 

• 700.H: The rule adds a provision 

that failure to obtain or comply with a 

permit is subject to civil or criminal 

penalties. 

The purposes of the PCAQCD Rule 3–

8–710 relative to the SIP rule are as 

follows: 

• 710.C: The rule adds a prohibition 

against storing materials subject to 

spontaneous combustion, except coal, 

without adequate fire-fighting facilities. 

• 710.D. The rule transfers provisions 

for the term of a permit to section 

700.D.2. 

• 710.E. The rule transfers provisions 

for exemptions to section 700.A.4. 

EPA’s technical support document 

(TSD) has more information about these 

rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

CAA) and must not relax existing 

requirements (see sections 110(l) and 

193). 

SIP rules in PM–10 nonattainment 

areas must require for major sources 

reasonably available control measures 

(RACM), including reasonably available 

control technology (RACT), in moderate 

PM–10 nonattainment areas (see section 

189(a)) or must require for major sources 

best available control measures (BACM), 

including best available control 

technology (BACT), in serious PM–10 

nonattainment areas (see section 

189(b)). ADEQ regulates a moderate 

PM–10 nonattainment area (see 40 CFR 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations 28273 

part 81), so ADEQ Rules R18–2–602 and 

combined Rules R18–2–1501 through 

R18–2–1513 must fulfill the 

requirements of RACM/RACT. PCDEQ 

regulates a moderate PM–10 

nonattainment area (see 40 CFR part 81), 

so PCDEQ Rule 17.12.480 must fulfill 

the requirements of RACM/RACT. 

PCAQCD regulates a serious PM–10 

nonattainment area (see 40 CFR part 81), 

so combined PCAQCD Rules 3–8–700 

and 3–8–710 must fulfill the 

requirements of BACM/BACT. 

Guidance and policy documents that 

we use to help evaluate specific 

enforceability and RACT requirements 

consistently include the following: 

• Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans, U.S. EPA, 40 

CFR part 51. 

• PM–10 Guideline Document (EPA–

452/R–93–008). 

B. Do the Rule Revisions Meet the 

Evaluation Criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, SIP relaxations, 

BACM/BACT, and RACM/RACT. The 

TSD has more information on our 

evaluation. 

C. EPA Recommendations To Further 

Improve a Rule 

The TSD describes additional 

revisions to PCAQCD Rule 3–8–700 that 

do not affect EPA’s current action but 

are recommended for the next time the 

local agency modifies the rule. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the CAA, EPA is fully approving ADEQ 

Rule R18–2–602, ADEQ Rules R18–2–

1501 through R18–2–1513, PCDEQ Rule 

17.12.480, and PCAQCD Rules 3–8–700 

and 3–8–710 because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by June 15, 2006, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on July 17, 2006. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. 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. section 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. section 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 July 17, 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 


cprice-sewell on PROD1PC66 with RULES
28274 Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations 

Dated: March 22, 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 D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(131) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(131) The following amended rules 

were submitted on December 30, 2004, 

by the Governor’s designee. 

(i) Incorporation by reference. (A) 

Arizona Department of Environmental 

Quality. 

(1) Rule R18–2–602, adopted effective 

on May 14, 1979 and amended effective 

on March 16, 2004. 

(2) Rules R18–2–1501, R18–2–1502, 

R18–2–1503, R18–2–1504, R18–2–1505, 

R18–2–1506, R18–2–1507, R18–2–1508, 

R18–2–1509, R18–2–1510, R18–2–1511, 

R18–2–1512, and R18–2–1513, adopted 

effective on October 8, 1996 and 

amended effective on March 16, 2004. 

(B) Pima County Department of 

Environmental Quality. 

(1) Rule 17.12.480, amended on 

October 19, 2004. 

(C) Pinal County Air Quality Control 

District. 

(1) Rules 3–8–700 and 3–8–710, 

adopted effective on June 29, 1993 and 

amended on October 27, 2004. 

* * * * * 

[FR Doc. 06–4516 Filed 5–15–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–0563; FRL–8171–1] 

Approval and Promulgation of 

Implementation Plans; Wisconsin; 

Wisconsin Construction Permit 

Permanency SIP Revision; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the amendatory instruction in a 

final rule which published on February 

28, 2006, pertaining to revisions to the 

Wisconsin State Implementation Plan 

which make permanent all terms of 

Wisconsin’s permits to construct, 

reconstruct, replace or modify sources 

unless the terms are revised through a 

revision of the construction permit or 

issuance of a new construction permit. 

EFFECTIVE DATE: This correcting 

amendment is effective on May 16, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, Chicago, Illinois 60604, (312) 

353–8328, or by e-mail at 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a document on February 28, 

2006, (71 FR 9934) adding § 52.2587, 

when § 52.2587 was already reserved by 

a previous rulemaking action. This 

document corrects this error by 

redesignating § 52.2587 as § 52.2589. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making this rule final without 

prior proposal and opportunity for 

comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore 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)). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does 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), nor 

will it 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 governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under 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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 


cprice-sewell on PROD1PC66 with RULES