[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Rules and Regulations]
[Pages 8461-8462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1413]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2006-0055; FRL-8030-7]
Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Air Pollution Control District portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on August 30, 2005 and concern particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers
(PM-10) emissions from fugitive dust sources. We are approving local
rules that regulate these emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
EFFECTIVE DATE: This rule is effective on March 20, 2006.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0055 for
this action. The index to the docket 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 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: Andrew Steckel, EPA Region IX, (415)
947-4115, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Proposed Action
On August 30, 2005 (70 FR 51303), EPA proposed to approve the
following rules into the California SIP:
Table 1.--Submitted Rules
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Rule No. Rule title Adopted Submitted
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8011............... General Requirements..... 08/19/04 09/23/04
8021............... Construction, Excavation, 08/19/04 09/23/04
Extraction, and Other
Earthmoving.
8031............... Bulk Materials........... 08/19/04 09/23/04
8041............... Carryout and Trackout.... 08/19/04 09/23/04
8051............... Open Areas............... 08/19/04 09/23/04
8061............... Paved and Unpaved Roads.. 08/19/04 09/23/04
8071............... Unpaved Traffic Areas.... 09/16/04 09/23/04
8081............... Agricultural Sources..... 09/16/04 09/23/04
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We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments
EPA's proposed action provided a 30-day public comment period.
During this period, we received comments supportive of our approval of
the rules from the following parties:
1. Roger A. Isom, California Cotton Ginners and Growers Association
(CCGGA); letter dated January 10, 2006.
2. San Joaquin Valley agricultural groups: California Citrus
Mutual; California Grape and Tree Fruit League; Fresno County Farm
Bureau; Kings County Farm Bureau; Merced County Farm Bureau; Nisei
Farmers League; letter dated January 10, 2006.
We received no adverse comments on our proposed action.
III. EPA Action
No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.
IV. 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 these rules 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
these rules 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).
These rules also do not have tribal implications because they 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 state rules
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. These rules also are not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because they are not
economically significant.
[[Page 8462]]
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 these rules 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 April 18, 2006. Filing a
petition for reconsideration by the Administrator of these final rules
do 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).)
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: January 24, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(334) (i)(B)(2) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(334) * * *
(i) * * *
(B) * * *
(2) Rules 8011, 8021, 8031, 8041, 8051, and 8061, amended on August
19, 2004 and Rules 8071 and 8081, amended on September 16, 2004.
* * * * *
[FR Doc. 06-1413 Filed 2-16-06; 8:45 am]
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