Federal Register/Vol. 71, No. 33/Friday, February, 17, 2006/Rules and Regulations 8

[FR Doc. 06-1397 Filed 2-16-06; 8:45 am]

BILLING CODE 4310-05-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0055; FRL-8030-7]

Revisions to the 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 San Joaquin Valley Air

Pollution Control District portion of the

California State Implementation Plan

(SIP). These revisions were proposed in

the Federal Register on August 30, 2005

and concern particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (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

(CAA or 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.gov and in hard copy

at EPA Region IX, 75 Hawthorne Street,

San Francisco, California. While all

documents in the docket are listed iii

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:

Andrew Steckel, EPA Region IX, (415)

947-4115, steckel.andrew@epa.gov.

SUPPLEMENTARY INFORMATION: "

Throughout this document, "we," "us"

and "our" refer to 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 ......... Agricultural I 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. During this

period, we received comments

supportive of our approval of the rules

from the following parties:

1. Roger A. Isom, California Cotton

Ginners and Growers Association

(CCGGA); letter dated January 10, 2006.

2. San Joaquin Valley agricultural

groups: California Citrus Mutual;

California Grape and Tree Fruit League;

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) of the

Act, EPA is fully approving these rules

into the California SIP.

IV. Statutory and Executive Order

Reviews

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a "significant regulatory action" and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 13211,

"Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use" (66 FR 28355, May

22, 2001). This action merely approves

state law as meeting Federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that these rules

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 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 any unfunded

mandate or significantly or uniquely

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 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 me.rely

approves state rules implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. These rules also are not

subject to Executive Order 13045

"Protection of Children from

Environmental Health Risks and Safety

Risks" (62 FR 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 Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. This rule does

not impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing these rules 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 Cpurt of Appeals for the

appropriate circuit by April 18, 2006.

Filing a petition for reconsideration by

the Administrator of these final rules do

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: Jaquary.24.20O6.

Wayne Nastri,

Regional Administrator, Region IX.

0 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

0 2. Section 52.220 is amended by

adding paragraph (c)(334) (i)(B)(2) to

read as follows:

§52.220 Identification of plan.

(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.

[FR Doc. 06-1413 Filed 2-16-06; 8:45 am]

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; NonTransportation 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 or amend

Spill Prevention, 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 rule before owners and

operators of facilities are required to

meet requirements of that 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 ID No. EPA-HQOPA-2005-0003, contains the

information related to this rulemaking,

including the response to comment

document. All documents in the docket

are listed in the http:// %

www.regulations.gov index. Although

listed in the index, some information

may not be 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.gov or in hard 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

number of the Public Reading Room is

202-566-1744, and the telephone

number to 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 (hearing impaired).

In the Washington, DC metropolitan

area, call (703) 421-9810 or TDD (703)

421-3323. For more detailed

information on specific aspects of this

final rule, contact either Vanessa

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 et seq.; 33 U.S.C. 2720;

E.O. 12777 (October 18, 1991), 3 CFR,

1991-Comp., p. 351.

II. Background

On July 17, 2002, the Agency

published a final rule that amended the

SPCC regulations (see 67 FR 47042). 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

(see 68 FR 1348), again on April 17,

2003 (see 68 FR 18890), and a third time

on August 11, 2004 (see 69 FR 48794).

Under the regulations in effect prior

to this final rule, § 112.3(a) and (b)

required a facility that was in operation

on or before August 16, 2002 to make

any necessary amendments to its SPCC

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