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

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BILLING CODE 4310-05-P

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 52 [EPA-R09-OAR-2006-0055; FRL-8030-7]
Revisions tothe California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is finalizing approval of revisions to the SanJoaquin Valley Air Pollution Control District portion ofthe California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on August 30, 2005 and concern particulate matter with an aerodynamic diameterless than or equal to a nominal 10micrometers (PM-10) emissions from fugitive dust sources. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAAor the Act). EFFECTIVE DATE: This rule is effective on March 20, 2006. ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0055 for this action. The index to the docket is available electronically at http:// www.regulations.govand inhard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California.While all documents inthe docket are listed iii the index, some information may be publicly available only atthe hard copy location (e.g.,copyrighted material), and
some may notbe publicly available in either location (e.g., CBI). Toinspect the hard copy materials, please schedule an appointment during normalbusiness hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415) 947-4115, steckel.andrew@epa.gov. SUPPLEMENTARY INFORMATION: " Throughout this document, "we," "us" and "our" referto EPA. I. Proposed Action

On August 30, 2005 (70 FR 51303), EPA proposed to approve the following rules'into the California SIP:
TABLE 1.-SUBMITTED RULESRule No. Rule title Adopted Submitted
8011

......... General Requirements

................................................ .08/19/04 09/23/04 8021

......... Construction, Excavation, Extraction, and Other.Earthmoving

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

......... Bulk Materials

........................................................................................................................................... 08/19/04 09/23/04 8041

......... Carryout and Trackout

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

......... Open Areas

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

...................................................................................................................... 08/19/04 09/23/04 8071

......... UnpaVed Traffic Areas

.............................................................................................................................. 09/16/04 09/23/04 8081

......... I Agricultural Sources

.................................................................................................................................. 09/16/04 09/23/04

We proposed to approve these rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. II. Public Comments

EPA's proposed action provided a 30- day public comment period. Duringthis period, we received comments supportive ofour approval ofthe rules from the following parties:

1.Roger A. Isom, California Cotton Ginners and Growers Association (CCGGA); letter dated January 10, 2006.

2.SanJoaquin Valley agricultural groups: California CitrusMutual; California Grape and Tree FruitLeague; Fresno County Farm Bureau; Kings County Farm Bureau; Merced County Farm Bureau; Nisei Farmers League; letter dated January 10, 2006.

We received no adverse comments on our proposed action. Hm. EPA Action

No comments were submitted that change our assessment that the submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) ofthe Act,EPA is fully approving these rules into the California SIP.
IV. Statutory andExecutive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is nota "significant regulatory action" and therefore is not subject to review by the Office ofManagement and Budget. For thisreason, this action is also not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, orUse" (66 FR28355, May 22, 2001). This action merely approves state law asmeeting Federal requirements and imposes no additional requirements beyond thoseimposed by state law.Accordingly, the Administrator certifies that these rules will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S:C. 601 etseq.). Because these rules approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain anyunfunded mandate or significantly oruniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

These rules also do not have tribal implications because they willnot have
a substantial direct effect on one or more Indiantribes, 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 byExecutive 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, oron the distribution of power and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR43255, August 10, 1999). This action me.rely approves state rules implementing a Federal standard, and does not alterthe relationship or the distribution ofpower and responsibilities established inthe Clean AirAct. These rules also are not subjectto Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62FR 19885, April 23, 1997), because they are not economically significant. 

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### FederalRiSter/Vol. 171; 'No. 33/Friddy,T Febtiary 17,.,2006 /Rtiles, and--Regtlatibns

In reviewihg SIPsubmissions; EPA's role is to approve state choices, provided that they meet the criteria of the CleanAir Act. In this context, in the absence of aprior 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 aSIP submission, to use VCS inplace of aSIP submission that otherwise satisfies the provisions of the Clean AirAct. Thus, the requirements ofsection 12(d) ofthe 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 underthe provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rulemay take effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing these rules and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe 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 nota "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean AirAct, petitions forjudicial review of this action mustbe filed inthe United States Cpurt ofAppeals forthe appropriate circuit byApril 18, 2006. Filing a petition for reconsideration by the Administrator ofthese final rules do not affect the finality ofthisrule forthe purposes ofjudicial review nor does it extend the time within which a petition forjudicial review maybe filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later inproceedings to enforce its requirements. (See section 307(b)(2).)
List ofSubjects in 40 CFRPart 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: Jaquary.24.20O6. Wayne Nastri, RegionalAdministrator, RegionIX. 0 Part 52, ChapterI,Title 40 ofthe Code ofFederal Regulations is amended as follows:
PART 52-[AMENDED]

1.The authoritycitation forpart 52 continues to read as follows:

Authority: 42U.S.C. 7401 etseq. Subpart F-California

0 2. Section52.220 is amendedby adding paragraph (c)(334) (i)(B)(2) to read as follows: 

### §52.220 Identification ofplan.

(c) * * (334) * * * 

### (i) * * * (B) * * * (2)Rules 8011, 8021, 8031, 8041, 8051, and 8061, amended on August 19, 2004 and Rules 8071 and 8081, amended on September 16, 2004.

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BILLING CODE 6560-50-P 

### ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112 [EPA-HQ-OPA-2005-0003; FRL-8033-9] RIN 2050-AG28
Oil Pollution Prevention; Non

### Transportation Related Onshore Facilities AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The Environmental Protection Agency i§ today extending the dates by which facilities must prepare oramend SpillPrevention, Control, and Countermeasure (SPCC) Plans, and implement those Plans. This action allows the Agency time to take final action on proposed revisions to the July 17, 2002 SPCC rulebefore owners and operators offacilities arerequired to meetrequirements ofthat rule when preparing or amending their SPCC Plans. DATES: This final rule is effective February 17, 2006. ADDRESSES: The public docket for this final rule, Docket IDNo. EPA-HQOPA-2005-0003, contains the information related to this rulemaking, including the response to comment document. All documents inthe docket
are listed inthe http:// % www.regulations.govindex. Although listed in the index, some information may notbe publicly available, e.g., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are.available either electronically in http:// www.regulations.govor inhard copy at the EPA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone numberofthe Public Reading Room is 202-566-1744, and the telephone numberto make an appointment to view the docket is 202-566-0276. FOR FURTHER INFORMATION CONTACT: For general information, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at (800) 424-9346 or TDD (800)*553-7672 (hearingimpaired). Inthe Washington, DCmetropolitan area, call (703) 421-9810 orTDD (703) 421-3323. For more detailed information on specific aspects ofthis final rule, contact eitherVanessa Rodriguez at (202) 564-7913 (rodriguez.vanessa@epa.gov), or Mark W.. Howard at (202) 564-1964 (howard.markw@epa.gov),U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460-0002, Mail Code 5104A. SUPPLEMENTARY INFORMATION: I. Authority

33 U.S.C. 1251 etseq.;33 U.S.C. 2720; E.O. 12777 (October 18, 1991), 3 CFR, 1991-Comp., p. 351. 

### II. Background

OnJuly 17, 2002, the Agency published a final rulethat amended the SPCC regulations (see67 FR47042). The rule became effective on August 16, 2002. The final rule included compliance dates in § 112.3 for preparing, amending, and implementing SPCC Plans. The original compliance dates were amended on January 9, 2003 (see68 FR 1348), again on April 17, 2003 (see68 FR 18890), and a third time
on August 11, 2004 (see69 FR 48794).

Under the regulations ineffect prior to this final rule, § 112.3(a) and (b) required a facility that was in operation
on orbefore August 16, 2002 to make any necessary amendments to its SPCC 

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