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Citation: 71 Fed. Reg. 28270 2006

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### Federal Register/VoL 71, No. 94/Tuesday, May 16, 2006/Rules and Regulations

(c) In general, final proposals willbe considered on the following selection criteria:

(1)Importanceoftheproblem.Each proposal willbe evaluated according to the merit ofhow it addresses issue(s) of national capacity. The proposal must articulate the importance ofthe problem it addresses, how the proposal addresses issues ofnational capacity in international education, and how it is consistent with the objectives ofthe NSEP.

(2) Importanceof proposed foreign language(s), foreign area(s), field(s) or discipline(s).The proposal willbe evaluated according to how well it articulates the need for programs in the proposed areas, languages, fields, or disciplines.

(3)Identificationof needandgaps! 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 offamiliarity with the state of the field inthe proposal area.

(4) Costeffectiveness. 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 inreplacing funds available from other

sources or in duplicating other efforts. Also, NSEP is interested inprojects 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? Inthe

case ofstudy abroad programs, how will the success and impact ofstudy abroad experiences be assessed. Proposals should not defer the consideration of these issues to alatter stage ofthe effort. Evaluation and assessment should be an integral part ofthe entire proposal effort.

(6) Prospects forwiderimpact. Proposals must address national needs and will be evaluated according to how well they are likely to address these needs. What component ofthe higher education community does the proposal address? How diverse a student population will the proposed program address? What applications to other institutions willbe made available, either directly orindirectly, because of the proposed program?

(7) Capacityandcommitment ofthe applicant.The proposal will be evaluated according to the evidence provided on the commitment ofthe institution, and other institutions, to the proposed project. What other institutions are involved and what is their commitment? Ifthere are commitments from foreign institutions, whatis the evidence ofthis commitment? Are their plans forthe institution to integrate the efforts ofthe 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 ofthe direct and indirect costs ofthe 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, ifother sources are also being sought.

Dated: May 10, 2006. L.M. Bynum, OSDFederal Register LiaisonOfficer,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 tothe Arizona State Implementation Plan, Arizona Department of Environmental Quality, Pima County Department of Environmental Quality, and Pinal County AirQuality Control District.
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPA istaking direct final action to approve revisions to the Arizona Department ofEnvironmental Quality.(ADEQ), Pima County Department ofEnvironmental 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 orthe Act). DATES: This rule is effective on July 17, 2006 without further notice, unless EPA receives adverse comments byJune 15, 2006. Ifwe receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will nottake effect. ADDRESSES: Submit comments, identified by docket number EPA-RO9- OAR-2006-0272, by one ofthe 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.govore-mail. http://

nw

w.regulations.gov is an "anonymous access" system, and EPA will notknow your identity or contact information unless you provide it in thebody of
your comment. Ifyou send e-mail directly to EPA, your e-mail address will be automatically captured and included as part ofthe public comment. IfEPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, EPA may notbe 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 notbe 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. 

### 28270

### Federal 

### R.pister /Vol. 71, No.94/Tuesday May 16, 2006

### /Rules and Regulations

Table ofContents. B.Do the rulerevisions meet the I. The State's Submittal
I.The State's Submittal evaluation criteria?

A. What rules did the State submit? C.EPA Recommendations To Further 

### A, Whatrulesdidthe Statesubmit?
B.Are there other versions of theserules? Imprbve a Rule Table 1 lists the rules we are C.What is the purpose ofthe submitted D. Public Comment andFinal Action, approving with the dates that the

rule revisions? .III.Statutory and Executive Order Reviews amended rules were adopted by the 11.

EPA'sEvaluation and Action local air agencies and submitted by the A. How is EPA evaluating the rules? ADEQ.

TABLE 1.-SUBMITTED RULES FOR DIRECT FINAL APPROVAL

Local agency Rule No. I Rule title = Amended Submitted

ADEQ
................ ADEQ
................ ADEQ
................ ADEQ
................ ADEQ
................ ADEQ
................ ADEQ
................ ADEQ
................ ADEQ
................

ADEQ
................ ADEQ

................ ADEQ
................ ADEQ

................ ADEQ

................ PCDEQ

............ PCAQCD
........... PCAQCD
........... R18-,-2-602

....... R18-2-1501

..... R18-2-1502

..... R18-2-1503

..... R18-2-1504

..... R18-2-1505

..... R18-2-1506

..... R18-2-1507

..... R18-2-1508

4 R18-2-1509

..... R18-2-1510

..... R18-2-1511

..... R18-2-1512

..... R18-2-1513

..... 17.12.480

......... 3-8-700

........... 3-8-710

........... Unlawful Open Burning

..................................................................................... Definitions

.......................................................................................................... Applicability

........................................................................................................ Annual Registration, Program Evaluation and Planning

................................... Prescribed Burn Plan

............................... ............ Prescribed Burn Requests'and Authorization

................................................... Smoke Dispersion and Evaluation

.................................................................... Prescribed Burn Accomplishment; Wildfire Reporting

.................. *

.................. Wildland Fire Use: Plan, Authorization, Monitoring; Inter-Agency Consultation; Status Reporting. Emission Reduction Techniques

..................................... ...... Smoke Management Techniques

.................................................................. M

onitoring

.......................................................................................................... Burner Qualifications

.................................................................................... Public Notification Program;- Regional Coordination

....................... Open Burning Permits

..... ........................................................................... General Provisions .: .......................................................................................... Permit Provisions and Administration

.............................................................. 03/16/04 03/16/04 03/16/04 03/16/04 03/16/04 03/16/04 03/16/04 03/16/04 03/16/04

03/16/04 03/16/04 03/16/04 03/16/04 03/16/04 10/19/04 10/27/04 10/27/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04

12/30/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04 12/30/04

On June 30, 2005, the submittal of ADEQ Rule R18-2-602, ADEQ Rules R18-2-1501 through R18-2-1513, PCDEQRule 17.12.480, and PCAQCD Rules 3-8-700 and 3-8-710 were determined by operatiop oflaw to meet the completeness criteria in 40 CFR pal 51 appendix V,which mustbe met before formal EPA review.

B.Are thereotherversionsofthese rules?

We approved versions ofADEQ Rule R18-2-602 into the SIP on October 19, 1984 (49 FR 41026) and April 23, 1982 (47FR 17485) as Rule R9-3-402. We approved a version ofcombined ADEQ Rules R18-2-1501 through R18-2-151: into the SIP onApril 23, 1982 (47FR 17485) as Rule R9-3-403.

We approved versions ofPCAQCD Rules 3-8-700 and 3-8-710 into the SI

on April 28, 2004 (69FR 23103).

We approved aversion of PCDEQ Rule 17.12.480 into the SIPas combine Rules 204, section A; 204, section B; an Table 204 on-April 16, 1982 (47FR 16328).

C. Whatis thepurposeofthe submittec rulerevisions?

Section 110(a) of the Clean AirAct (CAA)requires states to submit regulations that control volatile organic compounds, nitrogen oxides, particulal matter, and other air p6llutants which harm human.health and the environment. These rules were developed as part ofthe local air district's programs to control these pollutants.

The purposes ofthe revisions of ADEQ Rule R18-2-602 relative to the
t SIP rule are as follows: t * 602.B: The rule adds 11 definitions for improved clarity.

* 602.D.1: The rule adds a list of types ofburning that may be permitted, to include construction burning, agricultural burning, residential burning, prescribed burning, weed abatement, prevention offirehazard, and air curtain destructor operation.

* 602.D.3.e: The rule adds a requirement foran applicant to state the 3" emission reduction techniques that will be used to minimize fire emissions.

o 602.D.3.f: The rule adds a requirement fordaily reporting on p burns.

o 602.D.3.g: The'rule adds a requirement for notification before d ignition ofthe burn. .d e 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 awaste burner over 50 feetfrom any structure, to have a copy ofthe burn permit on site, to not bum during a stagnation advisory or a time when Class I areas
:e might be affected, to notburn 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 apermit is subject to civil

or criminal penalties.

* 602.G: The rule adds the option for the Director to delegate burnpermitting authority to acounty, town, air pollution control district, orfire district.

* 602.H: The rule adds arequirement for the Director to hold an annual public. meeting to discuss the open burning program and emission reduction techniques.

The purposes ofthe revisions ofRules R18-2-1501 through R18-2-1513 relative to the SIP rule are as follows:

* 1501: The rule adds 23 definitions for improved clarity.

e 1502: The rule extends the authority ofADEQ to regulate prescribed burning to all areas ofthe state, all federal and state land managers, and all private or municipal burners, except Indian Trust lands. 9 1503: The rule adds to the information required for the annual burn permits for planned burning. The rule adds arequirement for annual. evaluation meetings on past burn projects.

e 1504: The rule adds extensive requirements for a burn plan tobe submitted to ADEQ at least 14 days prior to ignition oftheburn.

9 1505: The rule adds extensive requirements for a dailyburn plan to be submitted to ADEQ by at least 2p.m. of the previous business day. ADEQmay 

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### Federal Register/Vol. 71jNo. 94/Tuesday, "May 16, 2006/Rules' and Regulations

approve ormodify the burnplan basedon achange in weather conditions and potential impact onthe public.

e 1506: The rule adds 12 additional factors for ADEQto evaluate dailyburn plans for smoke dispersion on which ADEQmay approve, approve with conditions, ordisapprove the dailybum plan.

* 1507: The rule adds a requirement for theburner to submit a burn accomplishment form to ADEQby 2 p.m. the next day. Wildfires burning

more than 100 acresper day in timber

or slash ormore than 300 acres perday ofbrush orgrass mustbe reported by the entity withjurisdiction for the area ofthe fire.

9 1508: The rule adds extensive requirements forreporting to ADEQ the beneficial use ofa wildland fire incident exceeding 40 acres.oftimer or 250 acres ofbrush orgrass.

e 1509: The rule adds the requirement that as many emission reduction techniques (ERTs) as possible be used. A list of16 potential ERTs is provided.

9 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 formonitoring air quality before or during a prescribed burn ora wildland fire beneficial use incident, if necessary to assess smoke impacts.

o 1512: The rule adds a requirement for aprescribed-fire boss tohave formal training in fire and smoke management techniques.

* 1513: The rule adds a requirement for theADEQDirector to conduct a public education and awareness program in smoke management.

The purposes ofthe revisions of PCDEQRule 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.

o 480.C.l.f: The rule adds an exemption from permitting for ceremonial destruction offlags.

* 480.C.2.a: The rule adds an exemption from permitting forcontrol ofan active wildfireby a ublic official.

o 480-C.4: The rule adds an exemption from permitting for prescribed burningby federal and state agencies.

* 480.D.1: The rule adds the allowance to burnwith a permit for agricultural burning andprescribed burning in the absence of afederal or state land manager.

o 480.F: The rule adds the allowance toburn with a permit and an approved waste burnerhousehold waste where no household waste collection or disposal service is available on either farms ofat 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 frompermitting forthe training ofgovernment officials in criminal-enforcement or nationaldefense activities and deletes an exemption frompermitting for safety flares.

The purposes ofthe PCAQCD Rule 3- 8-700 revisionsrelative to the SIP rule

are as follows:

* 700.A.4: The rule receives exemption provisions from section 710.E forsubterranean detonation of explosives, fireworks andpyrotechnics, and adds an exemption provision for ceremonial destruction of flags.

* 700.A.5: The rule adds the provision that fires setfor the disposal ofmaterials shallbe presumed tobe larger than "deminimis."

* 700.B: The rule adds 12 definitions forimproved clarity.

* 700.C.l.c,d: The rule adds limitations onthe amount tobeburned inone month for small-scale residential permits to lessthan 10 cubic yards of uncompacted material and for largescale residential permits to less than 20 cubic yards.

a 700.C.2.b,c: The rule adds limitations onthe amount tobeburned inone month for small-scale commercial permits to lessthan 10 cubic yards ofuncompacted matevial 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 greaterthan 20 cubic yards. The rule also adds requirements for the use ofair curtain destructors for land clearing.

* 700.C.7: The rule adds arestriction of20 cubic yards forIa bonfire permit at civic events.

* 700.D.2: The rule receivesprovisions forpermitterms from section 710.D and adds provisions for permit terms fortraining exercises, commercial land clearing, andbonfires.

* 700.D.3: The rule adds the requirement that permitsmay be suspended due to air stagnation advisory, airpollution 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.

o 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 ofburning, prevent smoke dispersion into a populated area, prevent visibility impairment, not create

apublic nuisance, notburn when Class I areas might be affected, not cause uncontrollable spreading ofthe 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.

e 700.G.2: The rule adds a "no0burn" restriction by operation oflaw whenever Maricopa.Environmental Services Department orArizona Department of Environmental Quality declares a "noburn" restriction in neighboring Maricopa County. * 700.H: The rule adds aprovision that failure to obtain orcomply with a' permit is subject to civil or criminal penalties.

The purposes ofthe 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.combusti6n, except coal, without adequate fire-fighting facilities.

* 710.D. The rule transfers provisions for the term ofapermit to section 700.D.2.

o 710.E. The rule transfers provisions for exemptions to section 700.A.4.

EPA's techiical support document (TSD)has more information about these rules. 

### II. EPA's Evaluation and Action

A. HowisEPA evaluatingthe rules?

Generally, SIPrules mustbe enforceable (see section 110(a) of the CAA) and must notrelax existing requirements (see sections 110(1) and .193). SIPrules 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 mustrequire for major sources best available control measures (BACM), including best available control technology (BACT), in serious PM-10 nonattainment areas (see section 189(b)). ADEQregulates a moderate PM-10 nonattainment area (see 40 CFR m I I IIII IF I 

### 28272

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

part.81), so ADEQRules R18-2-602 and combined Rules R18-2-1501 through R18-2-1513 must fulfill the, requirements ofRACM/RACT. PCDEQ regulates a moderate PM-10 nonattainment area (see 40 CFR part 81),

so PCDEQ Rule 17.12.480 must fulfill the requirements ofRACM/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 ofBACM/BACT.

Guidance and policy documents that

we use to help evaluate specific enforceability and RACT requirements consistently include the following:

* Requirements forPreparation, Adoption, andSubmittalof ImplementationPlans,U.S. EPA, 40 CFRpart 51.

e PM-i0 GuidelineDocument(EPA452/R-93-008).

B.Do theRule RevisionsMeetthe EvaluationCriteria?

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.EPARecommendations ToFurther ImproveaRule

The TSD describes additional revisions to PCAQCD Rule 3-8-700 that do not affect EPA's current action but

are recommended for the nexttime the local agency modifies the rule.

D.PublicCommentandFinal Action

As authorized in section 110(k)(3) of the CAA, EPA is fully approving ADEQ Rule RI8-2-602, ADEQRules 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 ofthis Federal Register, we are simultaneously proposing approval of the same submitted rules. Ifwe 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 notethat ifEPA receives adverse comment on an amendment, paragraph, or section ofthis rule and if that provision may be severed from the remainder ofthe rule, EPA may adopt

as final those provisions of therule that

are notthe subject ofan adverse comment.
III. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 199), this action is
not a "significant regulatory action" and therefore is not subject to review by the Office ofManagement 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 nothave a significant economic impact on a substantial number ofsinall entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requiremen{s 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 nothave tribal implications because it will not have 

### A substantial direct effect on one ormore 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 nothave 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 ofpower and responsibilities among the various levels ofgovernment, 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 ofpower and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it is noteconomically sinificant.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean AirAct- In this context, in the absence ofa prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authorityto 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 inplace ofa SIP submission that otherwise satisfies 'theprovisions 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 under the provisions ofthe 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 addedby 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 ofthe Congress and to the Comptroller General ofthe United States. EPAwill submit a report containing this rule 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 not a "major rule" as defined by 5 U.S.C. section 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed inthe United States Court ofAppeals for the appropriate circuit by July 17, 2006. Filing apetition for reconsideration by the Administrator ofthis final rule does
not affect the finality ofthis rule forthe purposes ofjudicial review nor does it extend the time within which apetition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later inproceedings to enforce itsrequirements. (See section 307(b)(2).)
List ofSubjects in40 CFRPart52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordke.ping requirements. 

### 28273

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

Dated: March 22, 2006. Wayne Nastri, Regional Administrator, RegionDC.

m

Part 52, chapter I,title 40 ofthe Code 'of Federal Regulations is amended as follows:

PART 52--[AMENDED]

m1. The authority citationfor part 52 continues to read as follows:

Authority: 42 U.S.C.'7401 et seq. Subpart D-Arizona

m2. Section 52.120 is amended by adding paragraph (c)(131) to read as follows:'
§52.120 Identification ofplan.

* * * * *

(c) * *
. (131) The following amended rules

were submitted on December 30, 2004, by the Governor's designee. (i)Incorporationbyreference.(A) Arizona Department ofEnvironmental 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 onJune 29, 1993 and amended on October 27, 2004.

* * * * * [FRDac. 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 inthe amendatory instruction in a 

### finalrule which published onFebruary 28, 2006, pertaining torevisions to the Wisconsin State Implementation Plan which make permanent all terms of Wisconsin's permits to construct, reconstruct, replace ormodify sources unless the terms are revised through a revision ofthe construction permit or issuance ofa new construction permit.
EFFECTIVE DATE: 

### This correcting amendment is effective onMay 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, orbye-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

aprevious rulemaking action. This document correctsthis error by redesignating § 52.2587 as § 52.2589.

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

### provides that,when an agency forgood

cause finds that notice and public procedure are impracticable,

. unnecessary orcontrary 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 

### commentbecause we are merely correcting an incorrect citation in a previous action. Thus, notice and public 

### procedure areunnecessary. We findthat this constitutes good cause under 5 U.S.C. 553(b)(B). 

### Statutory.andExecutive OrderReviews

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 ofManagement 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" findingthat this action is not subject to notice-and-comment requirements under the Administrative 

### Procedures Actor any other statute as indicated in the SUPPLEMENTARY INFORMATION section above, it is nat subject to the regulatory flexibility provisions ofthe Regulatory Flexibility Act (5 U.S.C, 601 et seq.), or to sections 

### 202 and 205 ofthe Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly oruniquely 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 effpcts qn the States, on the relationship between the National Government and the States,

oron the distribution ofpower and responsibilities among the various levels ofgovernments, as specified by Executive Order 13132 (64 FR43255, 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 ofenvironmental 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 foraffected conduct, as required by section 3 ofExecutive Order 12988 (61FR 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 ofRisk and Avoidance ofUnanticipated 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 etseq.), as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides. that before arule may 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA ifthe agency makes a good cause finding that notice 

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