68390 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 

The revision to a 20% opacity 

standard in the submitted rule corrects 

the cited deficiency for unclassified, 

attainment, maintenance, and moderate 

nonattainment areas to a level 

comparable to RACM/RACT in other 

parts of the country. We believe that 

BACM/BACT, as required for the 

serious nonattainment area in PCAQCD, 

should be at least as stringent as RACM/ 

RACT. We do not have justification for 

an opacity standard more stringent than 

20% to fulfill BACM/BACT for general 

PM–10 sources in the serious 

nonattainment area. Therefore, we 

believe that the 20% opacity standard 

fulfills RACM/RACT and BACM/BACT 

for the general PM–10 sources to which 

the rule is applicable, even though some 

specific PM–10 sources might achieve a 

more stringent opacity standard in 

fulfilling BACM/BACT. 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, SIP relaxations, 

and fulfilling the requirements of 

RACM/RACT and BACM/BACT and 

should be given full approval. 

C. Public comment and final action 

Because EPA believes the submitted 

rule fulfills all relevant requirements, 

we are proposing to fully approve it as 

described in section 110(k)(3) of the 

CAA. We will accept comments from 

the public on this proposal for the next 

30 days. Unless we receive convincing 

new information during the comment 

period, we intend to publish a final 

approval action that will incorporate the 

rule into the federally enforceable SIP. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

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 proposed action merely 

proposes to approve state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this proposed 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 

proposes to approve 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 (Public Law 104–4). 

This proposed 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 

proposes to approve 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 proposed 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 proposed 

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.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: October 19, 2005. 

Wayne Nastri, 

Regional Administrator, Region IX. 

[FR Doc. 05–22377 Filed 11–9–05; 8:45 am] 

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ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[OAR–2005–0150b; FRL–7995–2] 

Designation of Areas for Air Quality 

Planning Purposes; Arizona; 

Correction of Boundary of Phoenix 

Metropolitan 1-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to correct 

the boundary of the Phoenix 

metropolitan 1-hour ozone 

nonattainment area to exclude the Gila 

River Indian Reservation. EPA is 

proposing this action under the 

authority of section 110(k)(6) of the 

Clean Air Act and in light of the Federal 

trust responsibility to the Tribes. This 

action is intended to facilitate and 

support the Gila River Indian 

Community’s efforts to develop, adopt 

and implement a comprehensive Tribal 

Implementation Plan by removing 

unnecessary obligations that flow from 

the erroneous inclusion of a portion of 

the Reservation in the Phoenix 

metropolitan 1-hour ozone 

nonattainment area. 

DATES: Any comments on this proposal 

must arrive by December 12, 2005. 

ADDRESSES: Submit comments, 

identified by docket number R09–OAR–

2005–150, 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: tax.wienke@epa.gov. 

4. Mail or deliver: Wienke Tax, Office 

of Air Planning (AIR–2), U.S. 

Environmental Protection Agency, 

Region 9, 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 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Proposed Rules 68391 

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 Web site, eRulemaking portal, or 

e-mail. The agency Web site and 

eRulemaking portal are ‘‘anonymous 

access’’ systems, and EPA will not know 

your identify 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: 

Wienke Tax, Office of Air Planning, U.S. 

Environmental Protection Agency, 

Region 9, (520) 622–1622, e-mail: 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the correction of the 

boundary of the Phoenix metropolitan 

1-hour ozone nonattainment area under 

section 110(k)(6) of the Clean Air Act to 

exclude the Gila River Indian 

Reservation. In the Rules and 

Regulations section of this Federal 

Register, we are taking direct final 

action to correct the boundary without 

prior proposal because we believe this 

correction action is not controversial. If 

we receive adverse comments, however, 

we will publish a timely withdrawal of 

the direct final rule and address the 

comments in subsequent action based 

on this proposed rule. We do not plan 

to open a second comment period, so 

anyone interested in commenting 

should do so at this time. If we do not 

receive comments, no further activity is 

planned. For all the reasons explained 

in the parallel direct final notice, we 

propose to correct the boundary of the 

Phoenix metropolitan 1-hour ozone 

nonattainment area to exclude the Gila 

River Indian Reservation. For further 

information on this proposal and the 

rationale underlying our proposed 

action, please see the direct final action. 

Dated: November 3, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 05–22372 Filed 11–9–05; 8:45 am] 

BILLING CODE 6560–50–P