5058 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

NEW JERSEY—CARBON MONOXIDE

Designated Area 

Designation Classification 

Date 1 Type Date 1 Type 

*******

New York-N. New Jersey-Long Island Area: 

Bergen ..................................... October 22, 2002 ........... Attainment. 

Essex County .......................... ......do ............................. Attainment. 

Hudson County ........................ ......do ............................. Attainment. 

Passaic County (part) 

City of Clifton .................... ......do ............................. Attainment. 

City of Paterson ............... ......do ............................. Attainment. 

City of Passaic ................. ......do ............................. Attainment. 

Union County ................... ......do ............................. Attainment. 

*******

1This date is November 15, 1990, unless otherwise noted. 

* * * * *

[FR Doc. 05–55500 Filed 1–31–05; 8:45 am] 

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 442 

[OW–2004–11; FRL–7866–7] 

RIN 2040–AE65 

Effluent Limitations Guidelines, 

Pretreatment Standards, and New 

Source Performance Standards for the 

Transportation Equipment Cleaning 

Point Source Category

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to correct a typographical error in 

the Effluent Limitations Guidelines, 

Pretreatment Standards, and New 

Source Performance Standards for the 

Transportation Equipment Cleaning 

Point Source Category. The regulatory 

language of the Pretreatment Standards 

for New Sources in the existing 

regulation refers to ‘‘any existing 

source’’ when it should say ‘‘any new 

source.’’ EPA is amending the language 

to correct this error.

DATES: This rule is effective on May 2, 

2005 without further notice, unless EPA 

receives adverse comment by April 4, 

2005. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OW–2004–

11, by one of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http://

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 4101T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: Water Docket, EPA/

DC, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. OW–2004–11. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://www.epa.gov/

edocket, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Water Docket, EPA/DC, EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 to 

4:30, Monday through Friday, excluding 

legal holidays. 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 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Water Docket is (202) 566–2426.

FOR FURTHER INFORMATION CONTACT: Mr. 

Jesse W. Pritts, Engineering and 

Analysis Division, Office of Water 

(4303T), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5059

number: (202) 566–1038; fax number: 

(202) 566–1053; e-mail address: 

pritts.jesse@epa.gov.

SUPPLEMENTARY INFORMATION: 

General Information 

A. What Entities Are Potentially 

Affected by This Final Rule? 

Entities potentially affected by this 

action include facilities that discharge 

wastewater from transportation 

equipment cleaning activities and 

include the following types:

Category Examples of regulated entities 

Examples of common North American Industry Classification System 

(NAICS) codes 

Industry ............................................ Facilities that generate wastewater from cleaning the interior of tank 

trucks, rail tank cars, intermodal tank containers, tank barges, or 

ocean/sea tankers used to transport materials or cargos that come 

into direct contact with tank or container interior, except where 

such tank cleanings are performed in conjunction with other industrial, commercial, or POTW operations.

311613, 311711, 311712, 311222, 

311223, 311225, 484121, 

484122, 484210, 484230, 

488390, 488490. 

EPA does not intend the preceding 

table to be exhaustive, but rather it 

provides a guide for readers regarding 

entities likely to be affected by this 

action. This table lists the types of 

entities that EPA is now aware could 

potentially be affected by this action. 

Other types of entities not listed in the 

table could also be affected. To 

determine whether your facility is 

affected by this action, you should 

carefully examine the applicability 

criteria listed at 40 CFR 442.1. If you 

still have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. What Process Governs Judicial 

Review for Today’s Final Rule? 

In accordance with 40 CFR 23.2, 

today’s rule is considered promulgated 

for the purposes of judicial review as of 

1 p.m. Eastern Daylight Time, February 

15, 2005. Under section 509(b)(1) of the 

Clean Water Act (CWA), judicial review 

of today’s effluent limitations guidelines 

and standards may be obtained by filing 

a petition in the United States Circuit 

Court of Appeals for review within 120 

days from the date of promulgation of 

these guidelines and standards. Under 

section 509(b)(2) of the CWA, the 

requirements of this regulation may not 

be challenged later in civil or criminal 

proceedings brought by EPA to enforce 

these requirements. 

I. Legal Authority 

The U.S. Environmental Protection 

Agency is promulgating these 

regulations under the authority of 

sections 301, 304, 306, 307, 308, 402, 

and 501 of the Clean Water Act, 33 

U.S.C. 1311, 1314, 1316, 1317, 1318, 

1342, and 1361 and under authority of 

the Pollution Prevention Act of 1990 

(PPA), 42 U.S.C. 13101 et seq., Public 

Law 101–508, November 5, 1990. 

II. Summary of Direct Final Rule 

On August 14, 2000 (65 FR 49666), 

EPA published effluent limitations and 

standards for the transportation 

equipment cleaning point source 

category. The rule contained a 

typographical error. The regulatory 

language of the Pretreatment Standards 

for New Sources in 40 CFR 442.16(b) 

refers to ‘‘any existing source’’ when it 

should say ‘‘any new source.’’ In 

correcting this error, EPA is not 

substantively altering the final rule or 

expanding any regulatory requirement. 

Section 442.16(b) clearly applies to 

pretreatment standards for new sources, 

and therefore the use of the word 

‘‘existing’’ instead of ‘‘new’’ in this 

paragraph was simply a typographical 

error. 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial correction and 

anticipate no adverse comment. This 

rule is noncontroversial because it does 

not change the requirements of the rule, 

but merely corrects a typographical 

error. We would expect no adverse 

comment on today’s action. However, in 

the ‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as the 

proposal to revise the Transportation 

Equipment Cleaning Effluent 

Limitations Guidelines if adverse 

comments are filed. This rule will be 

effective on May 2, 2005 without further 

notice unless we receive adverse 

comment by April 4, 2005. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866, (see 58 

FR 51735 (October 4, 1993)) the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to OMB review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

It has been determined that this rule 

is not a ‘‘significant regulatory action’’

under the terms of Executive Order 

12866 and is therefore not subject to 

OMB review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This rule 

merely corrects technology-based 

discharge limitations and standards. 

However, the Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the existing regulations 

(see 40 CFR 422 (August 14, 2000)) 

5060 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq.

and has assigned OMB control number 

2040–0235, EPA ICR number 2018.01. 

The information collection requirements 

are unchanged by today’s action. A copy 

of the OMB approved Information 

Collection Request (ICR) may be 

obtained from Susan Auby, Collection 

Strategies Division; U.S. Environmental 

Protection Agency (2822T); 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 or by calling (202) 566–1672. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations are listed 

at 40 CFR part 9. 

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s direct final rule on small 

entities, small entity is defined as: (1) A 

small business according to the 

regulations of the Small Business 

Administration (SBA) at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Today’s action only corrects a 

typographical error in the Pretreatment 

Standards for New Sources and does not 

change the existing regulations. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under UMRA section 202, EPA 

generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, UMRA 

section 205 generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. EPA is required by 

UMRA section 203 to develop a small 

government agency plan before it 

establishes any regulatory requirements 

that may significantly or uniquely affect 

small governments, including tribal 

governments. The plan must provide for 

notifying potentially affected small 

governments, enabling officials of 

affected small governments to have 

meaningful and timely input in the 

development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. Since this action only 

corrects a typographical error in an 

existing regulation, there are no costs 

associated with this action. Thus, 

today’s rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

EPA also determined that this rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. Today’s action does 

not establish any new regulatory 

requirements, but merely corrects a 

typographical error in the existing 

effluent limitations guidelines. Thus, 

today’s rule is not subject to the 

requirements of section 203 of UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’

This final rule does not have 

federalism implications. It will 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. The rule 

corrects a typographical error to existing 

effluent limitations guidelines for the 

transportation equipment cleaning 

industry. Thus, Executive Order 13132 

does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (see 59 FR 

22951, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’

This final rule does not have tribal 

implications. It will not have substantial 

direct effects on tribal governments, 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 in Executive Order 13175. 

This rule does not establish any new 

regulatory requirements, but merely 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5061

corrects a typographical error to the 

existing transportation equipment 

cleaning effluent limitations guidelines. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (see 62 FR 

19885, April 23, 1997) applies to any 

rule that: (1) Is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866; and (2) 

concerns an environmental health or 

safety risk that EPA has reason to 

believe may have a disproportionate 

affect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Order has 

the potential to influence the regulation. 

This direct final rule is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’

(see 66 FR 28355 (May 22, 2001)) 

because it is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 requires that, 

to the greatest extent practicable and 

permitted by law, each Federal agency 

must make achieving environmental 

justice part of its mission. Executive 

Order 12898 requires that each Federal 

agency conduct its programs, policies, 

and activities that substantially affect 

human health or the environment in a 

manner that ensures that such programs, 

policies, and activities do not exclude 

persons (including populations) from 

participation in, deny persons 

(including populations) the benefits of, 

or subject persons (including 

populations) to discrimination under, 

such programs, policies, and activities 

because of their race, color, or national 

origin. 

Since this action does not establish 

any new regulatory requirements but 

merely corrects a typographical error to 

the existing transportation equipment 

cleaning effluent guidelines, there are 

no environmental justice implications of 

today’s action. 

K. Congressional Review Act 

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 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). This rule 

will be effective on May 2, 2005.

List of Subjects in 40 CFR Part 442 

Environmental protection, Barge 

cleaning, Rail tank cleaning, Tank 

cleaning, Transportation equipment 

cleaning, Waste treatment and disposal, 

Water pollution control.

Dated: January 26, 2005. 

Stephen L. Johnson, 

Deputy Administrator.

■ 40 CFR part 442 is amended as follows:

PART 442—AMENDED

■ 1. The authority citation for part 442 

continues to read as follows:

Authority: 33 U.S.C. 1311, 1314, 1316, 

1317, 1318, 1342 and 1361.

■ 2. Section 442.16 is amended by 

revising paragraph (b) introductory text 

to read as follows:

§ 442.16 Pretreatment standards for new 

sources (PSNS).

* * * * *

(b) As an alternative to achieving 

PSNS as defined in paragraph (a) of this 

section, any new source subject to 

paragraph (a) of this section may have 

a pollution prevention allowable 

discharge of wastewater pollutants, as 

defined in § 442.2, if the source agrees 

to a control mechanism with the control 

authority as follows:

* * * * *

[FR Doc. 05–1862 Filed 1–31–05; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 001005281–0369–02; I.D. 

012105B]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial 

run-around gillnet fishery for king 

mackerel in the exclusive economic 

zone (EEZ) in the southern Florida west 

coast subzone. This closure is necessary 

to protect the Gulf king mackerel 

resource.

DATES: The closure is effective 6 a.m., 

local time, Friday, January 28, 2005, 

through 6 a.m., January 17, 2006.

FOR FURTHER INFORMATION CONTACT:

Steve Branstetter, telephone: 727–570–

5305, fax: 727–570–5583, e-mail: 

Steve.Branstetter@noaa.gov.