Approval and Promulgation of Air Quality Implementation Plans; Texas; Low-Emission Diesel Fuel Compliance Date, 17321-17323 [05-6853]
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Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Rules and Regulations
of inflation as measured by the change
in the Consumer Price Index for all
Urban Consumers from January 2007 to
January 2008.
(h) Commencing January 1, 2009, the
royalty rate for secondary transmission
of broadcast stations by satellite carriers
shall be as follows:
(1) For private home viewing–
(i) The 2008 rate per subscriber per
month for distant superstations adjusted
for the amount of inflation as measured
by the change in the Consumer Price
Index for all Urban Consumers from
January 2008 to January 2009.
(ii) The 2008 rate per subscriber per
month for distant network stations
adjusted for the amount of inflation as
measured by the change in the
Consumer Price Index for all Urban
Consumers from January 2008 to
January 2009.
(2) For viewing in commercial
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subscriber per month for viewing
distant superstations in commercial
establishments adjusted for the amount
of inflation as measured by the change
in the Consumer Price Index for all
Urban Consumers from January 2008 to
January 2009.
Dated: March 25, 2005
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 05–6840 Filed 4–5–05; 8:45 am]
BILLING CODE 1410–33–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0020; FRL–7895–9]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Low-Emission Diesel Fuel Compliance
Date
Environmental Protection
Agency (EPA).
ACTION: Final approval.
AGENCY:
SUMMARY: The EPA is granting final
approval to a revision to the Texas Low
Emission Diesel (TXLED) fuel program
State Implementation Plan (SIP) that
applies in 110 counties in the eastern
and central parts of Texas. Under
section 553(d)(1) of the Administrative
Procedure Act, EPA is making this
action effective upon publication
because it relieves a restriction.
DATES: This rule is effective April 6,
2005.
VerDate jul<14>2003
15:41 Apr 05, 2005
Jkt 205001
EPA has established a
docket for this action under Regional
Material in EDocket (RME) Docket ID
No. R06–OAR–2005–TX–0020. All
documents in the docket are listed in
the Regional Material in EDocket (RME)
index at https://docket.epa.gov/rmepub/,
once in the system, select ‘‘quick
search,’’ then key in the appropriate
RME Docket identification number.
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 RME or
in hard copy at the Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733. The file will
be made available by appointment for
public inspection in the Region 6 FOIA
Review Room between the hours of 8:30
a.m. and 4:30 p.m. weekdays except for
legal holidays. Contact the person listed
in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill
Deese at (214) 665–7253 to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment: Texas
Commission on Environmental Quailty,
Office of Air Quality, 12124 Park 35
Circle, Austin, Texas 78753.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sandra Rennie, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7367; fax number
214–665–7263; e-mail address
rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Comments Were Received During
the Public Comment Period, February 24,
2005, to March 28, 2005?
IV. Final Action
V. Statutory and Executive Order Reviews
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
17321
I. What Action Is EPA Taking?
Today we are approving the
compliance date changes found in the
March 9, 2005, TXLED SIP revision
submitted by the State of Texas. We are
approving the phased schedule for
compliance which extends the
compliance date from April 1, 2005 to
October 1, 2005 for producers and
importers, from April 1, 2005 to
November 15, 2005 for bulk plant
distribution facilities, and from April 1,
2005 to January 1, 2006 for retail fuel
dispensing outlets, wholesale bulk
purshaser/consumer facilities, and all
other affected persons.
II. What Is the Background for This
Action?
We approved the original TXLED rule
on November 14, 2001, (66 FR 57196) as
part of the Texas SIP and also found that
it was relied upon for demonstrating
attainment in the Houston-Galveston
Attainment Demonstration SIP. On
December 15, 2004, the Texas
Commission on Environmental Quality
(TCEQ) Commissioners proposed to
revise the TXLED rule. Among other
revisions, the commission proposed to
extend the compliance date from April
1, 2005 to October 1, 2005. The
commission proposed this extension
because of concern about product
availability by the current compliance
date. On February 16, 2005 the
Executive Director of the TCEQ
submitted a letter to EPA requesting
parallel processing of the compliance
date portion of the SIP revision for
TXLED.
On February 24, 2005, we proposed
approval, through parallel processing, of
a revision to the SIP that would change
the compliance date for TXLED fuel
from April 1, 2005, to October 1, 2005,
consistent with a proposed revision to
the state rule that the state had noticed
for public hearing. In addition, we
proposed approval and requested
comments on a refinement to the State’s
proposed revision that the state had
subsequently indicated that it was
considering. The refinement would
extend the compliance date from April
1, 2005 to October 1, 2005 for producers
and importers, from April 1, 2005 to
November 15, 2005 for bulk plant
distribution facilities, and from April 1,
2005 to January 1, 2006 for retail fuel
dispensing outlets, wholesale bulk
purchaser/consumer facilities, and all
other affected persons.
The commission adopted revisions to
the TXLED SIP on March 9, 2005. The
revision was submitted to EPA on
March 23, 2005. The submitted revision
is consistent with our proposal. It
E:\FR\FM\06APR1.SGM
06APR1
17322
Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Rules and Regulations
extends the compliance date from April
1, 2005 to October 1, 2005 for producers
and importers, from April 1, 2005 to
November 15, 2005 for bulk plant
distribution facilities, and from April 1,
2005 to January 1, 2006 for retail fuel
dispensing outlets, wholesale bulk
purchaser/consumer facilities, and all
other affected persons.
III. What Comments Were Received
During the Public Comment Period,
February 24, 2005, to March 28, 2005?
We received comments in support of
this rulemaking from ExxonMobil
Refining and Supply, and Shell Oil
Products, US. No adverse comments
were received.
IV. Final Action
We are granting final approval to the
compliance date change in the TXLED
SIP revision. The compliance dates
approved are October 1, 2005 for
producers and importers, November 15,
2005 for bulk plant distribution
facilities, and January 1, 2006 for retail
fuel dispensing outlets, wholesale bulk
purchaser/consumer facilities, and all
other affected persons.
Section 553(d) of the Administrative
Procedure Act generally provides that
rules may not take effect earlier than 30
days after they are published in the
Federal Register. However, section
553(d)(1) allows a rule to take effect
earlier if it relieves a restriction. We are
making this action effective upon
publication because it relieves a
restriction.
V. 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 and because this action will
not have a significant, adverse effect on
the supply, distribution, or use of
energy, 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
VerDate jul<14>2003
15:41 Apr 05, 2005
Jkt 205001
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 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 under
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note), 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. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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. section 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 June 6, 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon Monoxide,
Hydrocarbons, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 31, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7402 et seq.
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended under chapter
114, subchapter H, Division 2—Low
Emission Diesel, section 114.319 to read
as follows:
I
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\06APR1.SGM
06APR1
*
*
17323
Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal
date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
*
*
Chapter 114 (Reg 4)—Control of Air Pollution From Motor Vehicles
*
*
*
*
Subchapter H—Low Emission Fuels
*
*
*
*
Division 2—Low Emission Diesel
*
*
*
*
Section 114.319 ..................... Affected Counties and Compliance Dates ...
*
*
*
[FR Doc. 05–6853 Filed 4–5–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 174
[OPP–2005–0073; FRL–7704–4]
Bacillus thuringiensis Modified Cry3A
Protein (mCry3A) and the Genetic
Material Necessary for its Production
in Corn; Temporary Exemption From
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes a
temporary exemption from the
requirement of a tolerance for residues
of the Bacillus thuringiensis modified
Cry3A protein (mCry3A) and the genetic
material necessary for its production in
corn on field corn, sweet corn, and
popcorn when applied/used as a plantincorporated protectant. Syngenta
Seeds, Inc. submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by
the Food Quality Protection Act of 1996
(FQPA), requesting the temporary/
tolerance exemption. This regulation
eliminates the need to establish a
maximum permissible level for residues
of Bacillus thuringiensis modified
Cry3A protein (mCry3A) and the genetic
material necessary for its production in
corn. The temporary tolerance
VerDate jul<14>2003
15:41 Apr 05, 2005
Jkt 205001
*
*
*
04/06/05 and Federal
Register page number].
*
*
03/09/05 ....
*
exemption will expire on October 15,
2006.
DATES: This regulation is effective April
6, 2005. Objections and requests for
hearings must be received on or before
June 6, 2005.
ADDRESSES: To submit a written
objection or hearing request follow the
detailed instructions as provided in
Unit VIII. of the SUPPLEMENTARY
INFORMATION. EPA has established a
docket for this action under Docket
identification (ID) number OPP–2005–
0073. All documents in the docket are
listed in the EDOCKET index at
https://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 Public Information and
Records Integrity Branch (PIRIB), Rm.
119, Crystal Mall #2, 1801 South Bell
St., Arlington, VA. This docket facility
is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511C),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
*
DC 20460–0001; telephone number:
(703) 308–8715; e-mail address:
mendelsohn.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111)
• Animal production (NAICS code
112)
• Food manufacturing (NAICS code
311)
• Pesticide manufacturing (NAICS
code 32532)
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
E:\FR\FM\06APR1.SGM
06APR1
]]>Agencies
[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Rules and Regulations]
[Pages 17321-17323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6853]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0020; FRL-7895-9]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Low-Emission Diesel Fuel Compliance Date
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final approval.
-----------------------------------------------------------------------
SUMMARY: The EPA is granting final approval to a revision to the Texas
Low Emission Diesel (TXLED) fuel program State Implementation Plan
(SIP) that applies in 110 counties in the eastern and central parts of
Texas. Under section 553(d)(1) of the Administrative Procedure Act, EPA
is making this action effective upon publication because it relieves a
restriction.
DATES: This rule is effective April 6, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) Docket ID No. R06-OAR-2005-TX-0020. All
documents in the docket are listed in the Regional Material in EDocket
(RME) index at https://docket.epa.gov/rmepub/, once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. 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 RME or in hard copy at
the Air Planning Section (6PD-L), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at (214) 665-7253
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cent per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment: Texas Commission on Environmental Quailty, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Sandra Rennie, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367; fax
number 214-665-7263; e-mail address rennie.sandra@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Outline
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Comments Were Received During the Public Comment Period,
February 24, 2005, to March 28, 2005?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
Today we are approving the compliance date changes found in the
March 9, 2005, TXLED SIP revision submitted by the State of Texas. We
are approving the phased schedule for compliance which extends the
compliance date from April 1, 2005 to October 1, 2005 for producers and
importers, from April 1, 2005 to November 15, 2005 for bulk plant
distribution facilities, and from April 1, 2005 to January 1, 2006 for
retail fuel dispensing outlets, wholesale bulk purshaser/consumer
facilities, and all other affected persons.
II. What Is the Background for This Action?
We approved the original TXLED rule on November 14, 2001, (66 FR
57196) as part of the Texas SIP and also found that it was relied upon
for demonstrating attainment in the Houston-Galveston Attainment
Demonstration SIP. On December 15, 2004, the Texas Commission on
Environmental Quality (TCEQ) Commissioners proposed to revise the TXLED
rule. Among other revisions, the commission proposed to extend the
compliance date from April 1, 2005 to October 1, 2005. The commission
proposed this extension because of concern about product availability
by the current compliance date. On February 16, 2005 the Executive
Director of the TCEQ submitted a letter to EPA requesting parallel
processing of the compliance date portion of the SIP revision for
TXLED.
On February 24, 2005, we proposed approval, through parallel
processing, of a revision to the SIP that would change the compliance
date for TXLED fuel from April 1, 2005, to October 1, 2005, consistent
with a proposed revision to the state rule that the state had noticed
for public hearing. In addition, we proposed approval and requested
comments on a refinement to the State's proposed revision that the
state had subsequently indicated that it was considering. The
refinement would extend the compliance date from April 1, 2005 to
October 1, 2005 for producers and importers, from April 1, 2005 to
November 15, 2005 for bulk plant distribution facilities, and from
April 1, 2005 to January 1, 2006 for retail fuel dispensing outlets,
wholesale bulk purchaser/consumer facilities, and all other affected
persons.
The commission adopted revisions to the TXLED SIP on March 9, 2005.
The revision was submitted to EPA on March 23, 2005. The submitted
revision is consistent with our proposal. It
[[Page 17322]]
extends the compliance date from April 1, 2005 to October 1, 2005 for
producers and importers, from April 1, 2005 to November 15, 2005 for
bulk plant distribution facilities, and from April 1, 2005 to January
1, 2006 for retail fuel dispensing outlets, wholesale bulk purchaser/
consumer facilities, and all other affected persons.
III. What Comments Were Received During the Public Comment Period,
February 24, 2005, to March 28, 2005?
We received comments in support of this rulemaking from ExxonMobil
Refining and Supply, and Shell Oil Products, US. No adverse comments
were received.
IV. Final Action
We are granting final approval to the compliance date change in the
TXLED SIP revision. The compliance dates approved are October 1, 2005
for producers and importers, November 15, 2005 for bulk plant
distribution facilities, and January 1, 2006 for retail fuel dispensing
outlets, wholesale bulk purchaser/consumer facilities, and all other
affected persons.
Section 553(d) of the Administrative Procedure Act generally
provides that rules may not take effect earlier than 30 days after they
are published in the Federal Register. However, section 553(d)(1)
allows a rule to take effect earlier if it relieves a restriction. We
are making this action effective upon publication because it relieves a
restriction.
V. 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 and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, 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 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 under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), 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. section 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.
section 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 June 6, 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)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon Monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 31, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
0
40 CFR part 52 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. 7402 et seq.
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under chapter 114, subchapter H, Division
2--Low Emission Diesel, section 114.319 to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
[[Page 17323]]
EPA Approved Regulations in the Texas SIP
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State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
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* * * * * * *
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Chapter 114 (Reg 4)--Control of Air Pollution From Motor Vehicles
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* * * * * * *
-------------------------------------
Subchapter H--Low Emission Fuels
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* * * * * * *
-------------------------------------
Division 2--Low Emission Diesel
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 114.319.................... Affected Counties and 03/09/05 04/06/05 and Federal Register page
Compliance Dates. number].
* * * * * * *
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[FR Doc. 05-6853 Filed 4-5-05; 8:45 am]
BILLING CODE 6560-50-P
