+(,121/,1(

Citation: 71 Fed. Reg. 40952 2006 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Thu Jul 12 10:50:50 2012

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
Federal Register/Vol. 71, No. 138/Wednesday, July 19, 2006/Proposed Rules

SUPPLEMENTARYINFORMATION: See the

information provided in the Direct Final

action of the same title which is located

in the Rules and Regulations section of

this Federal Register.

Authority: 42 U.S.C. 7401 et seq.

Dated: June 13, 2006.

Andrew M. Gaydosh,

Acting Regional Administrator, Region 8.

[FR Doc. E6-11345 Filed 7-18-06; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2006-0583; FRL-8199-6]

Approval and Promulgation of

Implementation Plans; Designation of

Areas for Air Quality Planning

Purposes; State of California; PM-10;

Determination of Attainment for the

San Joaquin Valley Nonattainment

Area; Determination Regarding

Applicability of Certain Clean Air Act

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to

determine that the San Joaquin Valley

nonattainment area (SJV) in California

has attained the National Ambient Air

Quality Standards (NAAQS) for

particulate matter with an aerodynamic

diameter less than or equal to a nominal

10 micrometers (PM-IO). This proposed

determination is based upon monitored

air quality data for the PM-10 NAAQS

during the years 2003-2005. The SJV

continues to attain the PM-10 NAAQS,

in 2006; no exceedances of the 24 hour

NAAQS have been recorded at any of

the SJV monitoring sites from January 1,

2006 through March 31, 2006. EPA is

also proposing to determine that,

because the SJV has attained the PM-la

NAAQS, certain Clean Air Act (CAA or

the Act) requirements are not applicable

for as long as the SJV continues to attain

the PM-10 NAAQS.

DATES: Written comments must be

received on or before August 18, 2006.

ADDRESSES: Submit comments,

identified by docket number EPA-ROgOAR-2006-0583, by one of the

following methods: (1) Federal eRulemaking portal:

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

on-line instructions.

(2) E-miil: lo.doris@epa.gov.

.3) Mail or deliver: Doris Lo (AIR-2),

U.S. Environmental Protection Agency

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105-3901.

Instructions: All comments will be

included in the public docket without

change and may be inade available

online at 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 the

www.regulations.gov or e-mail.

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 ttchnical 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

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 directly

below.

FOR FURTHER INFORMATION CONTACT:

Doris Lo, EPA Region IX, (415) 972-

3959, lo.doris@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

"we," "us," or "our" are used, we mean

EPA.

Table of Contents

I. Background

A. The NAAQS for PM-10

B. Designation, Classification and Air

Quality Planning for PM-10 in the SJV

C. Attainment Determinations

II. Proposed Attainment Determination for

the SJV

III. Applicability of Clean Air Act Planning

Requirements

IV. EPA's Proposed Action

V. Statutory and Executive Order Reviews

I. Background

A. The NAAQS for PM-10

Particulate matter with an

aerodynamic diameter of less than or

equal to 10 micrometers (PM-lO) is the

subject of this action. The NAAQS are

limits for certain ambient air pollutants

set by EPA to protect public health and

welfare. PM-10 is among the ambient

air pollutants for which EPA has

established a health-based standard.

On July 1, 1987 (52 FR 24634), EPA

revised the NAAQS for particulate

matter with an indicator that includes

only those particles with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers. The 24-

hour primary PM-10 standard is 150

micrograms per cubic meter (gg/m 3

)

with no more than one expected

exceedance per year. The annual

primary PM-10 standard is 50 lig/m 3 as

an annual arithmetic mean. The

secondary PM-10 standards,

promulgated to protect against adverse

welfare effects; are identical to the

primary standards. See 40 CFR 50.6.

B. Designation, Classification and Air

Quality Planning for PM-i0 in the SNV

In 1990, Congress amended the Clean

Air Act to address, among other things,

continued nonattainment of the PM-10

NAAQS. On the date of enactment of

the 1990 Clean Air Act Amendments,

PM-10 areas, including the SJV,

meeting the qualifications of section

107(d)(4)(B) of the amended Act, were

designated nonattainment by operation

of law. See 56 FR 11101 (March 15,

1991). EPA codified the boundaries of

the SJV at 40 CFR 81.305.1

Once an area is designated

nonattainment for PM-10, section 188

of the CAA outlines the process for

classifying the area and establishes the

area's initial attainment deadline. In

accordance with section 188(a), at the

time of designation, all PM-10

nonattainment areas, including the SJV,

were initially classified as moderate

nonattainment. On December 24, 1991,

California submitted a moderate area

PM-10 Plan for the SJV which

demonstrated that the.area could not

attain the PM-10 NAAQS by the

moderate area attainment date,

December 31, 1994.

Section 188(b)(1) of the Act provides

that moderate areas can subsequently be

reclassified as serious before the

applicable moderate area attainment

date if at any time EPA determines that

the area cannot "practicably" attain the

PM-10 NAAQS by that deadline. On

January 8, 1993 (58 FR 3337), EPA made

such a determination and reclassified

the SJV as serious.

On August 19, 2003, the State'of

California submitted the "2003 PM-10

1 The San Joaquin Valley PM-10 nonattainment

area includes the following counties in California's

central valley: Fresno, western portion of Kern,

Kings, Tulare, San Joaquin, Stanislaus, Madera and

Merced.

"'-40952

HeinOnline -- 71 Fed. Reg. 40952 2006
Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Proposed Rules

Plan, San Joaquin Valley Plan to Attain

Federal Standards for Particulate Matter

10 Microns and Smaller" and submitted

Amendments to that plan on December

30, 2003 (collectively, 2003 PM-10

Plan). The State submitted the 2003

PM-10 Plan to address, among other

CAA requirements, those of section

189(d) following EPA's determination

that the SJV failed to meet its serious

area attainment deadline of December

31, 2001. See 67 FR 48039 (July 23,

2002). On May 26, 2006, EPA approved

the 2003 PM-10 Plan except for the

section 172(c)(9) contingency measure

requirement. The approved elements

include emissions inventories as

meeting the requirements of 172(c)(3), a

demonstration of best available control

measures for all significant source

categories as meeting the requirements

of section 189(b)(1)(B), a demonstration

of attainment by December 31, 2010 as

meeting the requirements of sections

179(d)(3) and 189(d), and a

demonstration of reasonable further

progress as meeting the requirements of

sections 172(c)(2) and 189(c)(1). A more

detailed discussion of the history of air

quality planning and the contents of the

approved plan can be found in EPA's

proposed and final actions at 69 FR

5412 (February 4, 2004) and 69 FR

30006.

C. Attainment Determinations

On May 8, 2006,. the State requested

that EPA find that the SJV has attained

the PM-10 standards based on the area's

air quality for'2003-2005. See letter

from Catherine Witherspoon, California

Air Resources Board (CARB), to Wayne

Nastri, EPA Region 9, May 8, 2006

(Witherspoon Letter). Generally, we will

determine whether an area's air quality

meets the PM-10 NAAQS for purposes

of sections 179(c)(1) and 188(b)(2) based

upon data gathered at established state

and local air monitoring stations

(SLAMS) and national air monitoring

stations (NAMS) in the nonattainment

area and entered into the EPA's Air

Quality System (AQS) database. Data

from air monitors operated by state/

local agencies in compliance with EPA

monitoring requirements must be

submitted to AQS. Heads of monitoring

agencies annually certify that these data

are accurate to the best of their

knowledge. Accordingly, EPA relies

primarily on data in AQS when

determining the attainment status of

areas. See 40 CFR 50.6; 40 CFR part 50,

appendix J; 40 CFR part 53; 40 CFR part

58, appendix A. We will also consider

air quality data from other air

monitoring stations in the

nonattainment area even if they have

not been entered into the AQS if the

stations meet the federal monitoring

requirements for SLAMS. See August

22, 1997 Memorandum "Agency Policy

on the Use of Special Purpose

Manitoring Data," from John S. Seitz,

Director, Office of Air Quality Planning

and Standards, to the Regional Air

Directors (Seitz Memo). All data are

reviewed to determine the area's air

quality status in accordance with our

guidance at 40 CFR.part 50, appendix K.

Attainment of the annual PM-IO

standard is achieved when the annual

arithmetic mean PM-10 concentration

over a three-year period is equal to or

less than 50 gg/m 3

. Attainment of the

24-hour standard is determined by

calculating the expected number of days

in a year with PM-10 concentrations

greater than 150 gig/m3. The 24-hour

standard is attained when the expected

number of days per year with levels

above 150 gg/m 3 (averaged over a threeyear period) is less than or equal to one.

Three consecutive years of air quality

data are necessary to show attainment of

the 24-hour and annual standards for

PM-10. See 40 CFR part 50, appendix

K. A complete year of air quality data,

as referred to in 40 CFR part 50,

appendix K, includes all four calendar

quarters with each quarter containing

data from at least 75 percent of the

scheduled sampling days.

II. Proposed Attainment Determination

for the SJV

The SJV has 15 SLAMS sites operated

by the San Joaquin Valley Unified Air

Pollution Control District (District or

SJVUAPCD) and CARB. These

monitoring stations are located

throughout the SJV.2 The District and

CARB measure ambient (24-houraverage) PM-l0 concentrations in the

SJV at a frequency of once every six

days, except at the Corcoran SLAMS site

which operates on a one in three day

schedule.3

Table 1 summarizes the PM-10 data

collected in the SJV from 2003-2005

and reported by CARB to the AQS

database. As shown in Table 1, no

exceedances of the 24-hour PM-10

NAAQS of 150 gg/m 3 were measured in

SJV during the 2003-2005 period and

the annual-average PM-10

concentrations measured during that

period were below the corresponding

standard of 50 jg/m3.

TABLE 1 .- SAN JOAQUIN VALLEY SLAMS NETWORK PM-10 DATA 2003-2005

24 hour average 3 year annual

Monitoring site Maximum Expected number arithmetic average

(!tg/m3) of exceedances (g/m3)

Bakersfield- California Ave .......................................................................................

Bakersfield-G olden State Hwy ................................................................................

C lo vis ......................................................... ...............................................................

Corcoran* ...................................................................................................................

Fresno-Drummond ........................................................................... ......................

Fresno First St ...........................................................................................................

H a nfo rd .......................................................................................................................

M e rce d .................................................................................................................

Modesto ....................................................................................................... ...............

O ild a le ........................................................................................................................

Stockton- Hazelton ..................................................................................................

Stockton- W agner/Holt .............................................................................................

T a ft ..' . ...... ..................................................................................................................

2 EPA evaluated the adequacy of the SJV

monitoring network in connection with its approval

of the 2003 PM-10 Plan, See 69 FR at 30032-30033

and "Evaluation of the Adequacy of the Monitoring

Network for the San Joaquin Valley, California for

the Annual and 24-Hour PM-10 Standards," Bob

Pallarino, EPA Region 9, September 22, 2003.

3 Most PM-10 monitoring sites utilize a manual

sampler, designated as a Federal Reference Method

(FRM), operated on a once every six day schedule.

These samplers draw ambient air through a quartz

fiber filter which is weighed before and after

sampling in order to determine the mass of PM-10

that is collected after the 24-hour run period. At

Corcoran two manual FRM samplers are operated

on a staggered once every six day schedule that

enables the District to collect a 24-hour PM-10

sample every three days.

44-

46

34

44

41

33

43

29

29

42

29

22

31

40953

HeinOnline -- 71 Fed. Reg. 40953 2006
Federal Register/Vol. 71, No. 138/Wednesday, July 19, 2006/Proposed Rules

TABLE 1.-SAN JOAQUIN VALLEY SLAMS NETWORK PM-10 DATA 2003-2005-Continued

24 hour average 3 year annual

Monitoring site Maximum Expected number arithmetic average

(gtg/m3

) of exceedances (Ilg/m 3

)

T urlock ......................................................................................................

87 0 30

Visalia ............................ .............................. .. ......... ............................ 122 0 43

Source: U.S. EPA AQS Database.

*The Federal Reference Monitor at Corcoran did record an exceedance of the 24 hour PM-10 NAAQS on September 3, 2004 (217 gg/m3).

This exceedance was.flagged by CARB as a high wind natural event. EPA concurred with CARB's request to exclude this data from consideration in attainment findings on July 7, 2005. - See May 30, 1996 Memorandum "Areas Affected by PM-10 Natural Events," from Mary D. Nichols, Assistant Administrator for Air and Radiation, to the Regional Air Directors. Moreover, even if EPA had not concurred with the exclusion of this data, the Corcoran site vould still attain

the 24-hour NAAQS because the expected number of exceedances is less than or equal to one per year, averaged over the three year period

2003-2005.

As noted above, the 24-hour PM-10

standard is attained when the expected

number of days per year with levels

above 150 gg/m 3 (averaged over a threeyear period) is less than or equal to one.

As can be seen from Table 1, there were

no exceedances of the 24-hour PM-l0

NAAQS for the 2003-2005 period and

thus the expected number of days per

year with levels above 150 gg/m 3

(averaged over that three-year period) is.

zero. Thus we propose to find that the

SJV has attained the 24-hour PM-10

NAAQS. Also as noted above,

attainment of the annual PM-10

standard is achieved when the annual

arithmetic mean PM-10 concentration

over a three-year period is equal to or

less than 50 gg/m 3 . Our review of the

data for calendar years 2003-2005

reveals that none of the 15 SLAMS sites

averaged greater than 50 ag/m 3 . Thus

we propose to find that the SJV has

attained the annual PM-10 NAAQS.

The SJV continues to attain the PM-10

NAAQS based on data collected through

March 31, 2006. 4

EPA is aware that the District operates

a beta attenuation mass (BAM) special

purpose monitor at the Corcoran

monitoring site to support the District's

daily air quality forecasts. This BAM

monitor has recorded a sufficient

number of PM-10 concentrations above

150 ag/m 3 during the years 2003-2005

to prevent EPA from making a finding

of attainment if the data were suitable

for use in an attainment determination.

However, in the Seitz Memo, EPA stated

that "[t]he Agency policy on the use of

all special purpose monitoring data for

any regulatory purpose, with the

exception of fine particulate matter data

(PM-2.5), is all quality-assured and

valid data meeting 40 CFR 58

requirements must be considered within

th6 regulatory process." Seitz Memo,

p.1. With respect to the Corcoran BAM

4 If EPA makes a final deteimination of

attainment, the Agency will consider the most

current data available at that time.

monitor, EPA has determined that the

District did not perform quality control

checks of the sampler every two weeks

(see 40 CFR part 58, appendix A, section

3.1.2). Nor did CARB perform

independent field audits of the BAM

sampler as described in 40 CFR part 58,

appendixA, section 3.2.2. See pp. 5-6

of attachment ("Supporting Information

for the San Joaquin Valley PM-10

Attainment Determination Request") to

letter from Seyed Sadredin, SJVUAPCD,

to Catherine Witherspoon, CARB, April

.24, 2006, attached to Witherspoon

Letter. Therefore the BAM data are not

valid for use in a determination of

whether the SJV has attained the PM10 standards and, as a result, we have

not considered them.

III. Applicability of Clean Air Act

Planning Requirements

The air quality planning requirements

for PM-10 nonattainment areas are set

out in.subparts 1 and 4 of title I of the

Act. EPA has issued a General

Preamble 5 and Addendum to the

General Preamble 6 describing our

preliminary views on how the Agency

intends to review state implementation

plans (SIPs) submitted to meet. the

CAA's requirements for PM-10 plans.

These documents provide detailed

discussions of our interpretation of the

title I requirements.

In nonattainment areas where

monitored data demonstrate that the

NAAQS have already been achieved,

EPA has determined that certain

requirements of part D, subparts 1 and

2 of the Act do not apply. Therefore we

do not require certain submissions for

5 "General Preamble for the Implementation of

Title I of the Clean Air Act Amendments of 1990,'

57 FR 13498 (April 16, 1992), as supplemented at

57 FR 18070 (April 28, 1992).

6,,State Implementation Plans for Serious PM-lO

Nonattainment Areas, and Attainment Date Waivers

for PM-la Nonattainment Areas Generally;

Addendum to the General Preamble for the

Implementation of Title I of the Clean Air Act

Amendments of 1990," 59 ER 41998 (August 16,

1994).

an area that has attained the NAAQS.

These include reasonable furthr

progress (RFP) requirements, attainment,

demonstrations, RACM, and

contingency measures, because these

provisions have the purpose of helping

achieve attainment of the NAAQS.

This interpretation of the CAA is

known as, the Clean Data Policy and is

the subject of two EPA memoranda. EPA

also finalized the statutory

interpretation set forth in the policy in

a final rule, 40 CFR 51.918, as part of

its "Final Rule to Implement the 8-hour

Ozone National Ambient Air Quality

Standard-Phase 2" (Phase 2 Final

Rule). See discussion in the preamble to

the rule at 70 FR 71612, 71645-46

(November 29, 2005).

EPA believes that the legal bases set

forth in detail in our Phase 2 Final rule,

our May 10, 1995 memorandum from

John S. Seitz, entitled "Reasonable

Further Progress, Attainment

Demonstration, and Related

Requirements for Ozone Nonattainment

Areas Meeting the Ozone National

Ambient Air Quality Standard," and our

December 14, 2004 memorandum from

Stephen D. Page entitled "Clean Data

Policy for the Fine Particle National

Ambient Air Quality Standards" are equally pertinent to the interpretation of

provisions of subparts 1 and 4

applicable to PM-10. Our interpretation

that an area that is attaining the

standards is relieved of obligations to

demonstrate RFP and to provide an

attainment demonstration, RACM and

contingency measures pursuant to part

D of the CAA, pertains whether the

standard is PM-10, ozone or PM- 2.5. 7

For detailed discussions of this

interpretation with respect to the CAA's

PM-10 requirements for RFP,

7 Three U.S. Circuit Courts of Appeals have

upheld EPA rulemdkings applying its interpretation

of subparts 1 and 2 with respect to ozone. Sierra

Club v. EPA, 99F.3d 1551 (loth Cir. 1996); Sierra

Club v. EPA, 375 F. 3d 537 (7th Cir. 2004); Our

Children's Earth Foundation v. EPA, N. 04-73032

(9th Cir. June 28, 2005) (memorandum opinion).

40954

HeinOnline -- 71 Fed. Reg. 40954 2006
Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Proposed Rules

attainment demonstrations, RACM and

contingency measures, see 71 FR 6352,

6354 (February 8, 2006); 71 FR 13021,

13024 (March 14, 2006); and 71 FR

27440, 27443-27444 (May 11, 2006). We

are relying on these discussions here.

We also discuss our interpretation with

respect to contingency measures below.

As set forth in Section I of this

proposed rule, we have previously

approved all of the serious area PM-10

attainment plan requirements for the

SJV except for the contingency measure

requirements of CAA section 172(c)(9).

Section 172(c)(9) requires that part D

nonattainment area plans "provide for

the implementation of specific measures

to be undertaken if the area fails to make

reasonable further progress, or to attain

the national primary ambient air quality

standard by the attainment date

applicable under this part. Such

measures shall be included in the plan

revision as contingency measures to

take effect in any such case without

further action by the State or the

Administrator."

EPA has determined that these

contingency measure requirements of

CAA section 172(c)(9) no longer apply

when an area has attained the standard

because those "contingency measures

are directed at ensuring RFP and

attainment by the applicable date." (57

FR at 13564); May 10, 1995

memorandum at 5-6. As explained at

length in the memoranda and

rulemakings cited above, the

requirements for RFP and attainment

demonstrations no longer apply once an

area has attained the standard, since

their purpose-to achieve attainment by

the applicable attainment date-will

already have been fulfilled. Thus it

follows that the requirement for

contingency measures is also suspended

for as long as the area attains the

standard. Consequently, we propose

that any final finding that the SJV has

attained the PM-10 NAAQS would also

suspend the contingency measure

requirements for the SJV.

Consistent with our Clean Data

Policy, we propose that this suspension

exist only for as long as the area

continues to monitor attainment of the

standards. If the SJV experiences a

violation of the PM-10 NAAQS in the

future, the basis for the contingency

measure requirement being suspended

would no longer exist. In that event, we

would notify the State that we have

determined that the area is no longer

attaining the PM-10 standards and

provide notice to the public in the

Federal Register.

IV. EPA's Proposed Action

Based on quality-assured data meeting

the requirements of 40 CFR part 50,

appendix K, we propose to determine

that the SJV has attained the PM-10

NAAQS. This proposed action, if

finalized, would not constitute a

redesignation to attainment under CAA

section 107(d)(3), because we would not

yet have approved a maintenance plan

as required under section 175(A) of the

CAA or determined that the area has

met the other CAA requirements for

redesignation. The classification and

designation status in 40 CFR part 81

would remain serious non.attainment for

this area until such time as California

meets the CAA requirements for

redesignation of the SJV to attainment.

Consistent with the Agency's Clean

Data Policy, EPA also proposes to find

that the contingency measure

requirements of CAA section 172(c)(9)

would no longer apply to the San

Joaquin Valley PM-10 nonattainment

area.

V. Statutory and Executive Order

Reviews

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

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 proposes

a determination based on air quality

data and does not impose any additional

requirements. Accordingly, the

Administrator certifies that this

proposed 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 proposed rule does'

not impose any additional enforceable

duty, it does not contain any unfunded

mandate or significantly or uniquely

affect smaltgovernments, as described

in the Unfunded Mandates Reform Act

of 1995 (Pub. L. 104-4).

This proposed 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 97249, November 9, 2000). This

proposed 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 proposed action

merely makes a determination based on

air quality data and does not alter the

relationship or the distribution of power

and responsibilities established in the

CAA. This proposed 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.

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 proposed

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

40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Particulate matter, Reporting

and recordkeeping requirements.

40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

Dated: July 6, 2006.

Jane Diamond,

Acting Regional Administrator, Region 9.

[FR Dac. E6-11450 Filed 7-18-06; 8:45 am]

BILLING CODE 6560-50"-P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management

Agency

44 CFR Part 67

[Docket No. FEMA-B-7463]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA),

Department of Homeland Security,

Mitigation Division.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed Base (1% annual chance)

Flood Elevations (BFEs) and proposed

BFEs modifications for the communities

40955

HeinOnline -- 71 Fed. Reg. 40955 2006