Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 60005 

11251(a) of the Act that, in the interest 

of economy and efficiency, the function 

of the Trustee shall be performed by the 

Department rather than the Trustee; or 

(C) Any other agent of the Department 

designated to make initial benefit 

determinations and/or to recover or 

recoup or waive recovery or recoupment 

of overpayments of Federal Benefit 

Payments, or to recover or recoup debts 

owed to the Federal Government by 

annuitants. 

* * * * * 

Federal Benefit Payment means a 

payment for which the Department is 

responsible under the Act, to which an 

individual is entitled under the Judges 

Plan, the Police and Firefighters Plan, or 

the Teachers Plan, in such amount and 

under such terms and conditions as may 

apply under such plans, including 

payments made under these plans 

before, on, or after the October 1, 1997, 

effective date of the Act. Service after 

June 30, 1997, shall not be credited for 

purposes of determining the amount of 

any Federal Benefit Payment under the 

Teachers Plan and the Police and 

Firefighters Plan. 

* * * * * 

Retirement Funds means the District 

of Columbia Teachers, Police Officers, 

and Firefighters Federal Pension Fund 

established under section 11081 of the 

Act, the District of Columbia Judicial 

Retirement and Survivors Annuity Fund 

established under section 11252 of the 

Act, and their predecessor funds. 

* * * * * 

■ 4. Section 29.201 is revised to read as 

follows: 

§ 29.201 Purpose and scope. 

This subpart contains information 

concerning the relationship between the 

Department and the District government 

in the administration of the Act and the 

functions of each in the administration 

of that Act. 

■ 5. In § 29.401, paragraphs (a)(2) and 

(3) are revised, and paragraph (c) is 

added, to read as follows: 

§ 29.401 Purpose. 

(a) * * * 

(2) The procedures for determining an 

individual’s eligibility for a Federal 

Benefit Payment and the amount and 

form of an individual’s Federal Benefit 

Payment as required by sections 11021 

and 11251(a) (codified at DC Official 

Code section 11–1570(c)(2)(a)) of the 

Act; 

(3) The appeal rights available under 

section 11022(a) of the Act and section 

3 of the 2004 Act (codified at DC 

Official Code section 11–1570(c)(3)) to 

claimants whose claim for Federal 

Benefit Payments is denied in whole or 

in part; and 

* * * * * 

(c) This part does not apply to claims 

and appeals filed before October 1, 

1997. Such claims must be pursued 

with the District of Columbia. 

§ 29.402 [Amended] 

■ 6. In § 29.402, the definitions for Act 

and Benefits Administrator are removed. 

■ 7. In § 29.501, paragraph (e) is added 

to read as follows: 

§ 29.501 Purpose; incorporation by 

reference; scope. 

* * * * * 

(e) This part does not apply to debt 

collection claims asserted and requests 

for waivers of collection initiated before 

October 1, 1997. Such debt collection 

claims must be pursued by the District 

of Columbia and such requests for 

waivers of collection must be pursued 

with the District of Columbia. 

Dated: October 6, 2005. 

Rochelle F. Granat, 

Director, Office of DC Pensions. 

[FR Doc. 05–20610 Filed 10–13–05; 8:45 am] 

BILLING CODE 4811–37–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Prince William Sound 05–012] 

RIN 1625–AA87 

Security Zones; Port Valdez and 

Valdez Narrows, Valdez, AK 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

continuing temporary security zones 

encompassing the Trans-Alaska Pipeline 

(TAPS) Valdez Terminal Complex, 

Valdez, Alaska and TAPS Tank Vessels 

and Valdez Narrows, Port Valdez, 

Alaska, and is reducing the size of one 

of these zones. These temporary security 

zones will remain effective until January 

12, 2006, while we complete a separate 

rulemaking to create permanent security 

zones in these locations. 

DATES: This rule is effective from 

October 11, 2005, through January 12, 

2006. Comments and related material on 

this temporary final rule must reach the 

Coast Guard on or before December 13, 

2005. 

ADDRESSES: You may mail comments 

and material received to U.S. Coast 

Guard Marine Safety Office, PO Box 

486, Valdez, Alaska 99686. Marine 

Safety Office Valdez, Port Operations 

Department maintains the public docket 

for this rulemaking. Comments and 

materials received from the public, as 

well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at Marine Safety Office Valdez, 

105 Clifton, Valdez, AK 99686 between 

7:30 a.m. and 4:30 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LTJG Duane Lemmon, Port Operations 

Department, U.S. Coast Guard Marine 

Safety Office Valdez, Alaska, (907) 835–

7218. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On June 30, 2005, we published a 

temporary final rule entitled ‘‘Security 

Zones; TAPS Terminal, Valdez Narrows, 

and Tank Vessels in COTP Prince 

William Sound’’ in the Federal Register 

(70 FR 37681). That rule is only 

effective to October 11, 2005. 

A notice of proposed rulemaking 

(NPRM) was not published for this 

regulation. In accordance with 5 U.S.C. 

553(b)(B), the Coast Guard finds good 

cause exists for not publishing an 

NPRM. The Coast Guard is taking this 

action for the immediate protection of 

the national security interests in light of 

terrorist acts perpetrated on September 

11, 2001, and the continuing threat that 

remains from those who committed 

those acts. Also, in accordance with 5 

U.S.C 553(d)(3), the Coast Guard finds 

good cause to exist for making this 

regulation effective less than 30 days 

after publication in the Federal 

Register. Publication of a notice of 

proposed rulemaking and delay of 

effective date would be contrary to the 

public interest because immediate 

action is necessary to provide for the 

safety of the TAPS terminal and TAPS 

tank vessels. 

On November 7, 2001, we published 

three temporary final rules in the 

Federal Register (66 FR 56208, 56210, 

56212) that created security zones 

effective through June 1, 2002. The 

section numbers and titles for these 

zones are—

Section 165.T17–003—Security zone; 

Trans-Alaska Pipeline Valdez 

Terminal Complex, Valdez, Alaska, 

Section 165.T17–004—Security zone; 

Port Valdez, and 

Section 165.T17–005—Security zones; 

Captain of the Port Zone, Prince 

William Sound, Alaska. 

60006 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

Then on June 4, 2002, we published 

a temporary final rule (67 FR 38389) 

that established security zones to 

replace these security zones. That rule 

issued in April 2002, which expired 

July 30, 2002, created temporary 

§ 165.T17–009, entitled ‘‘Port Valdez 

and Valdez Narrows, Valdez, Alaska—

security zone’’. 

Then on July 31, 2002, we published 

a temporary final rule (67 FR 49582) 

that established security zones to extend 

the temporary security zones that would 

have expired. This extension was to 

allow for the completion of a noticeand-comment rulemaking to be 

completed to create a permanent 

security zones to replace the temporary 

zones. 

On October 23, 2002, we published 

the notice of proposed rulemaking that 

sought public comment on establishing 

permanent security zones similar to the 

temporary security zones (67 FR 65074). 

The comment period for that NPRM 

ended December 23, 2002. Although no 

comments were received that would 

result in changes to the proposed rule 

an administrative omission was found 

that resulted in the need to issue a 

supplemental notice of proposed 

rulemaking (SNPRM) to address a 

collection of information of the 

proposed rule (68 FR 14935, March 27, 

2003). Then, on December 30, 2002, we 

issued a temporary final rule (68 FR 

26490, May 16, 2003) that established 

security zones to extend the temporary 

security zones until June 30, 2003. This 

extension was to allow for a rulemaking 

for the permanent security zones to be 

completed. Then, on October 31, 2003, 

we published a temporary final rule (68 

FR 62009) that established security 

zones to extend the temporary security 

zones through March 12, 2004. Then on 

May 19, 2004, we published a Second 

Supplemental Notice of Proposed 

Rulemaking (SSNPRM) (69 FR 28871) 

incorporating changes to the Trans 

Alaskan Pipeline system, Valdez Marine 

Terminal (VMT) security zone 

coordinates described in the NPRM (67 

FR 65074). Then on October 7, 2005 we 

published a TSNPRM (70 FR 58646) 

with revisions to our proposed 

permanent security zones in the same 

locations as the temporary zones created 

by this rule. 

This temporary final rule creates 

temporary security zones through 

January 12, 2006, to allow for the 

rulemaking involving the TSNPRM to be 

completed. 

Discussion of This Temporary Rule 

This temporary final rule continues 

two security zones without change in 

their size and continues but revises the 

size of a third temporary security zone. 

The Trans-Alaska Pipeline Valdez 

Terminal complex, Valdez, Alaska and 

TAPS Tank Vessels security zone 

encompasses the waters of Port Valdez 

between Allison Creek to the east and 

Sawmill Spit to the west and offshore to 

marker buoys A and B (approximately 

1.5 nautical miles offshore from the 

TAPS Terminal). The Tank Vessel 

Moving security zone encompasses the 

waters within 200 yards of a TAPS 

Tanker within the Captain of the Port, 

Prince William Sound Zone. The Valdez 

Narrows, Port Valdez, Valdez, Alaska, 

security zone encompasses the waters 

200 yards either side of the Tanker 

Optimum Trackline through Valdez 

Narrows between Entrance Island and 

Tongue Point. 

The Coast Guard has worked closely 

with local and regional users of Port 

Valdez and Valdez Narrows waterways 

to develop these security zones in order 

to mitigate the impact on commercial 

and recreational users. This temporary 

final rule establishes a uniform 

transition from the temporary operating 

zones while the rulemaking for 

permanent security zones is completed. 

Request for Comments 

Although the Coast Guard has good 

cause in implementing this regulation 

without a notice of proposed 

rulemaking, we want to afford the 

maritime community the opportunity to 

participate in this rulemaking by 

submitting comments and related 

material regarding the size and 

boundaries of these security zones in 

order to minimize unnecessary burdens. 

If you do so, please include your name 

and address, identify the docket number 

for this rulemaking, COTP Prince 

William Sound 05–012, indicate the 

specific section of this document to 

which each comment applies, and give 

the reason for each comment. Please 

submit all comments and related 

material in an unbound format, no 

larger than 8.5 by 11 inches, suitable for 

copying. If you would like to know they 

reached us, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period. 

We may change this temporary final 

rule in view of them. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). The Coast Guard expects the 

economic impact of this proposal to be 

so minimal that a full Regulatory 

Evaluation under the regulatory policies 

and procedures of DHS is unnecessary. 

Economic impact is expected to be 

minimal because there are alternative 

routes for vessels to use when the zone 

is enforced, permits to enter the zone 

are available, and the Tanker Moving 

Security Zone is in effect for a short 

duration. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

The number of small entities impacted 

by this rule is expected to be minimal 

because there are alternative routes for 

vessels to use when the zone is 

enforced, permits to enter the zone are 

available, and the Tanker Moving 

Security Zone is in effect for a short 

duration. Since the time frame this rule 

is in effect may cover commercial 

harvests of fish in the area, the entities 

most likely affected are commercial and 

native subsistence fishermen. The 

Captain of the Port will consider 

applications for entry into the security 

zone on a case-by-case basis; therefore, 

it is likely that very few, if any, small 

entities will be impacted by this rule. 

Those interested may apply for a permit 

to enter the zone by contacting Marine 

Safety Office, Valdez at the above 

contact number. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. Small businesses may send 

comments on the actions of Federal 

employees who enforce, or otherwise 

determine compliance with, Federal 

regulations to the Small Business and 

Agriculture Regulatory Enforcement 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 60007 

Ombudsman and the Regional Small 

Business Regulatory Fairness Boards. 

The Ombudsman evaluates these 

actions annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. This rule creates no 

additional vessel traffic and thus 

imposes no additional burdens on the 

environment in Prince William Sound. 

It simply provides guidelines for vessels 

transiting in the Captain Of The Port, 

Prince William Sound Zone so that 

vessels may transit safely in the vicinity 

of the Port of Valdez and the TAPS 

terminal. A ‘‘Categorical Exclusion 

Determination’’ is available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Safety measures, Vessels, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 

195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 

160.5; Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add temporary § 165.T17–021 to 

read as follows: 

§ 165.T17–021 Port Valdez and Valdez 

Narrows, Valdez, Alaska-security zones. 

(a) Location. The following areas are 

security zones: 

(1) Trans-Alaska Pipeline (TAPS) 

Valdez Terminal complex (Terminal), 

Valdez, Alaska and TAPS Tank Vessels. 

All waters enclosed within a line 

beginning on the southern shoreline of 

Port Valdez at 61°05′03.6′′ N, 146°25′42′′ 

W; thence northerly to yellow buoy at 

61°06′00′′ N, 146°25′42′′ W; thence east 

to the yellow buoy at 61°06′00′′ N, 

146°21′30′′ W; thence south to 61°05′06′′ 

N, 146°21′30′′ W; thence west along the 

shoreline and including the area 2000 

yards inland along the shoreline to the 

beginning point. 

(2) Tank Vessel Moving Security 

Zone. All waters within 200 yards of 

any TAPS tank vessel maneuvering to 

approach, moor, unmoor or depart the 

TAPS Terminal or transiting, 

maneuvering, laying to or anchored 

within the boundaries of the Captain of 

the Port, Prince William Sound Zone 

described in 33 CFR 3.85–20 (b). 

(3) Valdez Narrows, Port Valdez, 

Valdez, Alaska. All waters 200 yards 

either side of the Valdez Narrows 

Tanker Optimum Track line bounded by 

a line beginning at 61°05′15′′ N, 

146°37′18′′ W; thence south west to 

61°04′00′′ N, 146°39′52′′ W; thence 

southerly to 61°02′32.5′′ N, 146°41′25′′ 

W; thence north west to 61°02′40.5′′N, 

146°41′47′′ W; thence north east to 

61°04′07.5′′ N, 146°40′15′′ W; thence 

north east to 61°05′22′′ N, 146°37′38′′ W; 

thence south east back to the starting 

point at 61°05′15′′ N, 146°37′18′′ W. 

(b) Regulations. (1) The general 

regulations in 33 CFR 165.33 apply to 

the security zones described in 

paragraph (a) of this section. 

(2) Tank vessels transiting directly to 

the TAPS terminal complex, engaged in 

the movement of oil from the terminal 

or fuel to the terminal, and vessels used 

to provide assistance or support to the 

tank vessels directly transiting to the 

terminal, or to the terminal itself, and 

that have reported their movements to 

the Vessel Traffic Service, as required 

under 33 CFR part 161 and § 165.1704, 

may operate as necessary to ensure safe 

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.