46770 Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations 

Regional Office, National Park Service; 

Dr. Glenn Chen, Alaska Regional Office, 

Bureau of Indian Affairs; and Steve 

Kessler, USDA-Forest Service, provided 

additional guidance.

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733.

Dated: July 22, 2005. 

Thomas H. Boyd, 

Acting Chair, Federal Subsistence Board. 

Dated: July 22, 2005. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service.

[FR Doc. 05–15885 Filed 8–10–05; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA–316–0484a; FRL–7949–1] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District and Monterey Bay Unified Air 

Pollution Control District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD) and 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD) portions of 

the California State Implementation 

Plan (SIP). These revisions concern 

visible emissions of a variety of 

pollutants and sources. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act).

DATES: This rule is effective on October 

11, 2005 without further notice, unless 

EPA receives adverse comments by 

September 12, 2005. 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: Send comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901, 

or e-mail to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov. 

You can inspect copies of the 

submitted SIP revisions, EPA’s technical 

support documents (TSDs), and public 

comments at our Region IX office during 

normal business hours by appointment. 

You may also see copies of the 

submitted SIP revisions by appointment 

at the following locations: 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, Room B–102, 1301 

Constitution Avenue, NW., (Mail Code 

6102T), Washington, DC 20460; 

California Air Resources Board, 

Stationary Source Division, Rule 

Evaluation Section, 1001 ‘‘I’’ Street, 

Sacramento, CA 95814; 

San Joaquin Valley Unified Air 

Pollution Control District, 1990 East 

Gettysburg Street, Fresno, CA 93726; 

and, 

Monterey Bay Unified Air Pollution 

Control District, 24580 Silver Cloud 

Court, Monterey, CA 93940. 

A copy of the rule may also be 

available via the Internet at http://www.

arb.ca.gov/drdb/drdbltxt.htm. Please be 

advised that this is not an EPA Web site 

and may not contain the same version 

of the rule that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT:

Jerald S. Wamsley, Rulemaking Office 

(AIR–4), U.S. Environmental Protection 

Agency, Region IX, at either (415) 947–

4111, or wamsley.jerry@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA.

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 

rules? 

II. EPA’s Evaluation and Action. 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rules. 

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 they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB).

TABLE 1.—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ............ 4101 Visible Emissions ................................................................................................ 02/17/05 04/26/05 

MBUAPCD ............. 400 Visible Emissions ................................................................................................ 10/15/03 01/15/04 

On June 3, 2005 and March 1, 2004 

respectively, EPA found that the 

submittals for SJVUAPCD Rule 4101 

and MBUAPCD Rule 400 met the 

completeness criteria in 40 CFR part 51, 

appendix V. These criteria must be met 

before formal EPA review may begin. 

B. Are There Other Versions of These 

Rules?

EPA has received three prior versions 

of Rule 4101. SJVUAPCD adopted the 

first version on December 17, 1992 and 

CARB submitted the rule to EPA on 

September 28, 1994. SJVUAPCD 

adopted the second version on June 21, 

2001 and CARB submitted the rule to 

EPA on October 30, 2001. However, 

EPA has not acted on these two versions 

of Rule 4101. CARB submitted a third 

version of Rule 4101 to EPA on 

December 6, 2001, adopted on 

November 15, 2001. We proposed to 

approve this version of Rule 4101 on 

June 10, 2002 (see 67 FR 39659). 

However, after receiving adverse 

comments on our proposed approval, 

we proposed a disapproval on 

September 29, 2003 (see 68 FR 55917). 

On January 8, 2004, EPA disapproved 

Rule 4101 (see 69 FR 1271). 

Consequently, none of the prior 

adoptions of Rule 4101 were 

incorporated within the SIP. Because 

prior versions of Rule 4101 have been 

incorporated within the latest submittal 

of the rule, they are reviewed as part of 

this action in our Technical Support 

Document (TSD). 

C. What is the Purpose of the Submitted 

Rules? 

SJVUAPCD Rule 4101 and MBUAPCD 

Rule 400 limit the emissions of visible 

air contaminants of any type; usually, 

but not always, particulate matter from 

combustion sources and industrial sites. 

Specifically, the rules prohibit 

emissions beyond a defined opacity 

standard. Administratively, SJVUAPCD 

Rule 4101 replaces the individual 1970s 

Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations 46771

vintage county-level visible emissions 

rules now in the SIP; please see the TSD 

for more information on this subject. 

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 

Act), must meet Reasonably Available 

Control Measure (RACM) requirements 

for nonattainment areas (see section 

189), and must not relax existing 

requirements (see sections 110(l) and 

193). The SJVUAPCD regulates a serious 

PM nonattainment area (see 40 CFR part 

81); so, Rule 4101 must fulfill Best 

Available Control Measure (BACM) 

requirements. The MBUAPCD regulates 

an area attaining the Federal particulate 

matter standard and must have PM rules 

sufficient to maintain this status. 

Guidance and policy documents that 

we used to help evaluate consistently 

enforceability, RACM, and BACM 

requirements include the following: 

1. Portions of the proposed post-1987 

ozone and carbon monoxide policy that 

concern RACT, 52 FR 45044, November 

24, 1987. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations; 

Clarification to Appendix D of 

November 24,1987 Federal Register

Notice,’’ (Blue Book), notice of 

availability published in the May 25, 

1988 Federal Register. 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ at 57 FR 

13540–13541, April 16, 1992. 

5. ‘‘General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ at 59 FR 

42008–42015, August 16, 1994. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACM, and SIP 

relaxations. 

Regarding SJVUAPCD Rule 4101, 

prior district constituent county Rules 

401, 402, and 403 are now consolidated 

within a single rule format. The 

cumulative effect of the changes to these 

rules through the creation and 

amendment of Rule 4101 does not 

weaken the pre-existing county-level 

rules’ emission limits. The 20% opacity 

limit is retained, limited specific 

exemptions are added, and broad 

exemptions are removed. SJVUAPCD 

remedied the deficiencies that provoked 

our January 8, 2004 disapproval by 

removing the problem exemptions with 

their February 17, 2005 amendments to 

Rule 4101. We believe that SJVUAPCD 

Rule is consistent with BACM 

requirements. The TSD has more 

information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules

We have no recommendations. 

D. Public Comment and Final Action 

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

the Act, EPA is fully approving the 

submitted rules 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 September 12, 2005, 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 October 11, 

2005. 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 rulemaking 

action and if that provision may be 

severed from the remainder of the 

rulemaking action, EPA may adopt as 

final those provisions of the rulemaking 

action that are not the subject of an 

adverse comment. This action will 

incorporate SJVUAPCD Rule 4101 into 

the federally enforceable SIP and end all 

sanctions and Federal Implementation 

Plan obligations associated with our 

January 8, 2004 disapproval action. 

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. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

46772 Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations 

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 October 11, 2005. 

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.

Dated: July 25, 2005. 

Laura K. Yoshii, 

Acting Regional Administrator, Region IX.

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart F—California

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(328)(i)(C) and 

(c)(336) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * * 

(328) * * * 

(i) * * * 

(C) Monterey Bay Unified Air 

Pollution Control District. 

(1) Rule 400, adopted on July 1, 1969, 

and amended on October 15, 2003.

* * * * *

(336) New and amended regulations 

for the following APCDs were submitted 

on April 26, 2005, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4101, adopted on May 21, 

1992, and amended on February 17, 

2005.

* * * * *

[FR Doc. 05–15831 Filed 8–10–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA–316–0484c; FRL–7949–2] 

Interim Final Determination To Stay 

and/or Defer Sanctions, San Joaquin 

Valley Unified Air Pollution Control 

District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Interim final rule.

SUMMARY: EPA is making an interim 

final determination to stay and/or defer 

imposition of sanctions based on a 

proposed approval of revisions to the 

San Joaquin Valley Unified Air 

Pollution Control District (SJVUAPCD) 

portion of the California State 

Implementation Plan (SIP) published 

elsewhere in today’s Federal Register. 

The revisions concern SJVUAPCD Rule 

4101—Visible Emissions.

DATES: This interim final determination 

is effective on August 11, 2005. 

However, comments will be accepted 

until September 12, 2005.

ADDRESSES: Send comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105 or

e-mail to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov. 

You can inspect copies of the 

submitted rule revisions, EPA’s 

technical support document (TSD), and 

public comments at our Region IX office 

during normal business hours by 

appointment. You may also see copies 

of the submitted rule revisions by 

appointment at the following locations: 

Rulemaking Office (AIR–4), Air 

Division, U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105; 

California Air Resources Board, 

Stationary Source Division, Rule 

Evaluation Section, 1001 ‘‘I’’ Street, 

Sacramento, CA 95814; and, 

San Joaquin Valley Unified Air 

Pollution Control District, 1990 East 

Gettysburg Street, Fresno, CA 93726. 

A copy of the rule may also be 

available via the Internet at http://www.

arb.ca.gov/drdb/drdbltxt.htm. Please be 

advised that this is not an EPA Web site 

and may not contain the same version 

of the rule that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT:

Jerald S. Wamsley, Rulemaking Office 

(AIR–4), U.S. Environmental Protection 

Agency, Region IX, at either (415) 947–

4111, or wamsley.jerry@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA. 

I. Background 

On January 8, 2004 (see 69 FR 1271), 

we published a disapproval of 

SJVUAPCD Rule 4101 as adopted 

locally on November 15, 2001 and 

submitted by the State on December 6, 

2001. We based our disapproval action 

on certain deficiencies in the submittal. 

This disapproval action started a 

sanctions clock for imposition of offset 

sanctions 18 months after February 9, 

2004 and highway sanctions 6 months 

later, pursuant to section 179 of the 

Clean Air Act (CAA) and our regulations 

at 40 CFR 52.31. 

On February 17, 2005, SJVUAPCD 

adopted revisions to Rule 4101 that 

were intended to correct the 

deficiencies identified in our 

disapproval action. On April 26, 2005, 

the State submitted these revisions to 

EPA. In the Proposed Rules section of 

today’s Federal Register, we have 

proposed approval of this submittal 

because we believe it corrects the 

deficiencies identified in our January 8, 

2004 disapproval action. Based on 

today’s proposed approval, we are 

taking this final rulemaking action, 

effective on publication, to stay and/or 

defer imposition of sanctions that were 

triggered by our January 8, 2004 

disapproval. 

EPA is providing the public with an 

opportunity to comment on this stay/

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this final determination 

and the proposed full approval of 

revised SJVUAPCD Rule 4101, we 

intend to take subsequent final action to 

reimpose sanctions pursuant to 40 CFR 

51.31(d). If no comments are submitted 

that change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action 

We are making an interim final 

determination to stay and/or defer CAA