60008 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

passage of tank vessels to and from the 

terminal. 

(3) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port and the 

designated on-scene patrol personnel. 

These personnel comprise 

commissioned, warrant, and petty 

officers of the Coast Guard. Upon being 

hailed by a vessel displaying a U.S. 

Coast Guard ensign by siren, radio, 

flashing light, or other means, the 

operator of the vessel must proceed as 

directed. Coast Guard Auxiliary and 

local or state agencies may be present to 

inform vessel operators of the 

requirements of this section and other 

applicable laws. 

Dated: October 3, 2005. 

R.E. Bailey, 

Lieutenant Commander, United States Coast 

Guard, Alternate Captain of the Port, Prince 

William Sound, Alaska. 

[FR Doc. 05–20636 Filed 10–13–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R09–OAR–2005–CA–0009; FRL–7975–1] 

Revisions to the California State 

Implementation Plan, Monterey Bay 

United 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 

Monterey Bay United Air Pollution 

Control District (MBUAPCD) portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

oxides of nitrogen (NOX) and sulfur 

compounds emitted by various sources. 

We are approving a local rule that 

regulates these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). 

DATES: This rule is effective on 

December 13, 2005 without further 

notice, unless EPA receives adverse 

comments by November 14, 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: Submit comments, 

identified by docket number R09–OAR–

2005–CA–0009, by one of the following 

methods: 

1. Agency Web site: http:// 

docket.epa.gov/rmepub/. EPA prefers 

receiving comments through this 

electronic public docket and comment 

system. Follow the on-line instructions 

to submit comments. 

2. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

3. E-mail: steckel.andrew@epa.gov. 

4. Mail or deliver: Andrew Steckel 

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

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://docket.epa.gov/ 

rmepub/, 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 the 

agency website, eRulemaking portal or 

e-mail. The agency website and 

eRulemaking portal are ‘‘anonymous 

access’’ systems, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

http://docket.epa.gov/rmepub 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 

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: 

Francisco Do ́n ̃ ez, EPA Region IX, (415) 

972–3956, Donez.Francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What Rule Did the State Submit? 

B. Are There Other Versions of This Rule? 

C. What is the Purpose of the Submitted 

Rule Revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA Evaluating the Rule? 

B. Does the Rule Meet the Evaluation 

Criteria? 

C. EPA Recommendations to Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What Rule Did the State Submit? 

Table 1 lists the rule we are approving 

with the respective dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1.—SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted 

MBUAPCD .................................. 404 Sulfur Compounds and Nitrogen Oxides ....................................... 12/15/04 01/13/05 

On February 16, 2005, this rule 

submittal was found to meet the 

completeness criteria in 40 CFR Part 51, 

Appendix V, which must be met before 

formal EPA review. 

B. Are There Other Versions of This 

Rule? 

We approved a version of Rule 404 

into the SIP on June 12, 2001 (66 FR 

31554). The MBUAPCD adopted 

revisions to the SIP-approved version on 

December 15, 2004, and CARB 

submitted them to us on January 13, 

2005. 

C. What Is the Purpose of the Submitted 

Rule Revisions? 

Revised Rule 404 exempts 

maintenance operations on crude oil 

production casing gas collection, 

treatment and destruction systems from 

Rule 404’s sulfur limits. In addition, the 

exemption for agricultural operations is 

eliminated in the revised rule. EPA’s 

technical support document (TSD) has 

more information about this rule. 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 60009 

II. EPA’s Evaluation and Action 

A. How Is EPA Evaluating the Rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for major 

sources in nonattainment areas (see 

sections 182(a)(2)(A) and 182(f)), and 

must not relax existing requirements 

(see sections 110(l) and 193). The 

MBUAPCD is listed as being in 

attainment for the national ambient air 

quality standards (see 40 CFR part 81). 

Therefore, for purposes of controlling 

sulfur compounds and nitrogen oxides, 

Rule 404 needs only comply with the 

general provisions of Section 110 of the 

Act. 

Guidance and policy documents that 

we use to help evaluate enforceability 

requirements consistently include the 

following: 

1. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

B. Does the Rule Meet the Evaluation 

Criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The exemption for oil well 

casing gas will allow some emissions of 

methane (CH4) and hydrogen sulfide 

(H2S). Because these gases are not 

regulated under the National Ambient 

Air Quality Standards (NAAQS), the 

exemption of these emissions does not 

constitute a reason for rule disapproval. 

The TSD has more information on our 

evaluation. 

C. EPA Recommendations to Further 

Improve the Rule 

EPA has no recommendations for 

further improvements to this rule. 

D. Public Comment and Final Action 

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

the Act, EPA is fully approving the 

submitted rule because we believe it 

fulfills 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 rule. If we receive adverse 

comments by November 14, 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 December 13, 

2005. This will incorporate these rules 

into the federally enforceable SIP. 

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 

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 December 13, 

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).) 

60010 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: September 13, 2005. 

Laura 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 paragraph (c)(335)(i)(A)(3) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(335) * * * 

(i) * * * 

(A) * * * 

(3) Rule 404, adopted on December 

15, 2004. 

* * * * * 

[FR Doc. 05–20603 Filed 10–13–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2005–WI–0002; FRL–7974–4] 

Approval and Promulgation of 

Maintenance Plan Revisions; 

Wisconsin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving an 

alternative volatile organic compounds 

(VOC) control device for Serigraph, Inc. 

(Serigraph) as a revision to the 

Wisconsin State Implementation Plan 

(SIP). On May 18, 2005, the Wisconsin 

Department of Natural Resources 

submitted a request to revise the 

Wisconsin SIP. The revision approves 

Serigraph’s use of a biofilter to control 

VOC emissions from its printing facility 

in Washington County, Wisconsin. The 

biofilter will achieve VOC emission 

reductions at or beyond the level of the 

control methods listed in the SIP. 

Serigraph has designed one of its plants 

as a permanent total enclosure (PTE), 

which captures all VOC emissions and 

routes them to the biofilter. There are no 

fugitive emissions from the plant. This 

control system will reliably control 

emissions at or below the level of 

Federally mandated emission limits. 

DATES: This rule is effective on 

December 13, 2005, unless EPA receives 

adverse written comments by November 

14, 2005. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

WI–0002, 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:// 

docket.epa.gov/rmepub/. Regional RME, 

EPA’s electronic public docket and 

comments system, is EPA’s preferred 

method for receiving comments. Once 

in the system, select ‘‘quick search,’’

then key in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

E-mail: mooney.john@epa.gov. 

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–WI–0002. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the federal regulations.gov Web site 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 RME or 

regulations.gov, your e-mail 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Matt 

Rau, Environmental Engineer, at (312) 

886–6524 before visiting the Region 5 

office. This Facility is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6524, 

rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. General Information 

A. Does this action apply to me? 

B. How can I get copies of this document 

and other related information? 

C. How and to whom do I submit 

comments? 

II. What is EPA approving? 

III. What are the changes from the current 

rule?