Revisions to the Territory of Guam State Implementation Plan, Update to Materials Incorporated by Reference, 20473-20477 [05-7806]
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
off months and the amount of wake
damage to private and commercial
property on Tongass Narrows would
most likely increase. The Coast Guard
agreed that the rule should apply year
around and made no changes.
One comment favored the creation of
a high-speed traffic corridor through the
middle of the waterway. Other
commenters felt that creating a highspeed corridor would unreasonably
increase the risk to vessels operating on
Tongass Narrows. This proposal was not
adopted. No comments were received
concerning the 2000 interim rule, which
revised the 1999 interim rule to reflect
the above comments.
Discussion of the Change to the Final
Rule
Since no comments were received
concerning the proposed revisions to
the 1999 interim rule as contained in
the 2000 revised interim rule, the final
rule shall adopt the language contained
in the 2000 revised interim rule. By
exempting ‘‘vessels of 23 feet registered
length or less,’’ the traffic congestion in
the affected areas of Tongass Narrows
should be eased and the safety of the
small vessel operators enhanced. With
the exemption for these small vessels,
they will be able to depart from, or
transit through the congested areas more
quickly. This in turn should ease
congestion and reduce navigational
conflicts that have arisen between slow
moving small boats and cruise ships and
other large waterway users and will
allow them to spend less time on the
water during periods of inclement
weather. Large wakes should not
become a problem as the exemption is
still limited to smaller vessels and
because Tongass Narrows regularly
experiences substantial wave action that
is equivalent to the wake from these
smaller vessels. The impacts to the
charter fleet are considered minimal
because the revised interim rule
exempts only 12 of 152 charter vessels
that are over 20 feet in length. The finale
rule retains the 7-knot speed limit for all
other vessels except floatplanes and
public law enforcement and emergency
response vessels.
Regulatory Evaluation
The analysis we conducted in
connection with the interim rule
remains unchanged, and the Analysis
Documentation prepared for the interim
rule remains in the docket. This Final
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
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Order. The Office of Management and
Budget (OMB) has not reviewed it under
that Order. It is not ‘‘significant’’ under
the regulatory policies and procedures
of the Department of Homeland Security
(DHS). Please consult the Regulatory
Evaluation provided in the interim rule
for further information.
List of Subjects in 33 CFR Part 162
Navigation (water), Waterways.
I For the reasons discussed in the
preamble, the Coast Guard adopts as
final without further change the Interim
Rule published on June 2, 1999 (64 FR
29554), and corrected on June 15, 1999
(64 FR 32103), and further revised on
April 7, 2000 (65 FR 18242).
Dated: April 5, 2005.
David W. Ryan,
Captain, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District, Acting.
[FR Doc. 05–7894 Filed 4–19–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
20473
establishing regulations in 33 CFR
165.1318 for the security and safety of
large passenger vessels in the navigable
waters of Portland, OR and adjacent
waters of Oregon and Washington.
These security and safety zones provide
for the regulation of vessel traffic in the
vicinity of certain large passenger
vessels (as defined in § 165.1318 (b))
and exclude persons and vessels from
the immediate vicinity of these large
passenger vessels.
On May 5, 2005, for passenger cruise
ships only, the Captain of the Port,
Portland, OR will begin enforcing only
the area of the Large Passenger Vessel
Safety and Security Zones, which were
established in 33 CFR 165.1318, from
the mouth of the Columbia River at
buoy 14 upriver to, and including,
Astoria, OR. Entry into these zones is
prohibited unless otherwise exempted
or excluded under the final rule or
unless authorized by the Captain of the
Port or his designee. The Captain of the
Port may be assisted by other Federal,
State, or local agencies in enforcing this
security zone. These security and safety
zones will be enforced until further
notice.
[CGD13–05–006]
Security and Safety Zone: Protection
of Large Passenger Vessels, Portland,
OR
Dated: April 7, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. 05–7895 Filed 4–19–05; 8:45 am]
BILLING CODE 4910–15–P
33 CFR Part 165
Coast Guard, DHS.
Notice of enforcement.
AGENCY:
ACTION:
SUMMARY: The Captain of the Port
Portland, OR will begin, on May 5,
2005, enforcing a small area of the
greater Large Passenger Vessel Security
and Safety Zones that were established
in September 2003. The zones provide
for the security and safety of large
passenger vessels in the navigable
waters of Portland, OR and adjacent
waters. These security and safety zones
will be enforced for passenger cruise
ships only and only from the mouth of
the Columbia River at buoy 14 upriver
to, and including, Astoria, OR, until
further notice.
DATES: This notice of enforcement for 33
CFR 165.1318 will be effective
commencing May 5, 2005.
FOR FURTHER INFORMATION CONTACT: LT
Tad Drozdowski, c/o Captain of the Port
Portland, OR 6767 North Basin Avenue
Portland, OR 97217 at (503) 240–9301 to
obtain information concerning
enforcement of this rule.
SUPPLEMENTARY INFORMATION: On
September 12, 2003, the Coast Guard
published a final rule (68 FR 53677)
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[GU122–NBK; FRL–7888–4]
Revisions to the Territory of Guam
State Implementation Plan, Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
SUMMARY: EPA is updating the materials
submitted by the Territory of Guam that
are incorporated by reference (IBR) into
the Territory of Guam State
Implementation Plan (SIP). The
regulations affected by this update have
been previously submitted by the
territorial agency and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the Office of the Federal Register
(OFR), Office of Air and Radiation
Docket and Information, and the
Regional Office.
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20474
Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
Effective Date: This rule is
effective on May 20, 2005.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations and on line at
EPA Region IX’s Web site:
Air Division, Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–
3901.
Air and Radiation Docket and
Information Center, U.S.
Environmental Protection Agency,
Room B–102, 1301 Constitution
Avenue, NW., (Mail Code 6102T),
Washington, DC 20460.
Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700,
Washington, DC.
Guam Environmental Protection
Agency, 15–6101 Mariner Avenue,
Tiyan, Guam 96913.
FOR FURTHER INFORMATION CONTACT: Julie
A. Rose, EPA Region IX, (415) 947–
4126, rose.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
I. Background
A. State Implementation Plan History and
Process.
B. Content of Revised IBR Document.
C. Revised Format of the ‘‘Identification of
the Plan’’ Section in Subpart AAA.
D. Enforceability and Legal Effect.
E. Notice of Administrative Change.
II. Public Comments.
III. Statutory and Executive Order Reviews.
I. Background
A. State Implementation Plan History
and Process.
Each State is required to have a SIP
that contains the control measures and
strategies that will be used to attain and
maintain the national ambient air
quality standards (NAAQS). The SIP is
extensive, containing such elements as
emission inventories, monitoring
networks, attainment demonstrations,
and enforcement mechanisms. The
control measures and strategies must be
formally adopted by each State after the
public has had an opportunity to
comment on them. They are then
submitted to EPA as SIP revisions on
which EPA must formally act.
Once these control measures are
approved by EPA after notice and
comment, they are incorporated into the
SIP and are identified in Part 52,
Approval and Promulgation of
Implementation Plans, Title 40 of the
Code of Federal Regulations (40 CFR
part 52). The actual State regulations
which are approved by EPA are not
reproduced in their entirety in 40 CFR
part 52, but are ‘‘incorporated by
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reference,’’ which means that the
citation of a given State regulation with
a specific effective date has been
approved by EPA. This format allows
both EPA and the public to know which
measures are contained in a given SIP
and insures that the State is enforcing
the regulations. It also allows EPA and
the public to take enforcement action,
should a State not enforce its SIPapproved regulations.
The SIP is a living document that the
State can revise as necessary to address
the unique air pollution problems in the
State. From time to time, therefore, EPA
must take action on SIP revisions
containing new and/or revised
regulations as being part of the SIP. On
May 22, 1997 (62 FR 27968), EPA
revised the procedures for incorporating
by reference federally-approved SIPs, as
a result of consultations between EPA
and OFR. EPA began the process of
developing (1) a revised SIP document
for each State that would be
incorporated by reference under the
provisions of 1 CFR part 51; (2) a
revised mechanism for announcing EPA
approval of revisions to an applicable
SIP and updating both the IBR
document and the CFR, and (3) a
revised format of the ‘‘Identification of
plan’’ sections for each applicable
subpart to reflect these revised IBR
procedures. The description of the
revised SIP document, IBR procedures,
and ‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997, Federal Register document.
B. Content of Revised IBR Document
The new SIP compilations contain the
federally-approved portion of
regulations submitted by each State
agency. These regulations have all been
approved by EPA through previous rule
making actions in the Federal Register.
The compilations are stored in hard
covered folders and will be updated,
usually on an annual basis.
Each compilation contains two parts.
Part 1 contains the regulations and Part
2 contains nonregulatory provisions that
have been EPA-approved. Each part
consists of a table of identifying
information for each regulation and
each nonregulatory provision. The table
of identifying information corresponds
to the table of contents published in 40
CFR part 52 for each State and Territory.
The Regional EPA Offices have the
primary responsibility for ensuring
accuracy and updating the
compilations. The Region IX EPA Office
developed and will maintain the
compilation for the Territory of Guam.
A copy of the full text of each State’s
current compilation will also be
maintained at the Office of the Federal
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Register and EPA’s Air Docket and
Information Center.
C. Revised Format of the ‘‘Identification
of Plan’’ Section in Subpart AAA
In order to better serve the public,
EPA is revising the organization of the
‘‘Identification of plan section’’
including additional information that
will make it clearer as to what
provisions constitute the enforceable
elements of the SIP.
The revised Identification of plan
section will contain five subsections: (a)
Purpose and scope, (b) Incorporation by
reference, (c) EPA approved regulations,
(d) EPA approved source specific
permits, and (e) EPA approved
nonregulatory provisions such as
transportation control measures,
statutory provisions, control strategies,
monitoring networks, etc.
D. Enforceability and Legal Effect
All revisions to the applicable SIP
become federally enforceable as of the
effective date of the revisions to
paragraph (c), (d), or (e) of the
applicable Identification of plan found
in each subpart of 40 CFR part 52. To
facilitate enforcement of previously
approved SIP provisions and provide a
smooth transition to the new SIP
processing system, EPA is retaining the
original Identification of plan section,
previously appearing in the CFR as the
first section of part 52 for subpart AAA,
Guam.
E. Notice of Administrative Change
Today’s rule constitutes a
‘‘housekeeping’’ exercise to ensure that
all revisions to State programs that have
occurred are accurately reflected in 40
CFR part 52. State SIP revisions are
controlled by EPA regulations at 40 CFR
part 51. When EPA receives a formal SIP
revision request, the Agency must
publish the proposed revision in the
Federal Register and provide for public
comment before approval.
II. Public Comments
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
that, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation; and section
553(d)(3), which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions that are already in effect as
a matter of law in Federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to review by the
Office of Management and Budget. This
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866. Because the agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also 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,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it 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 rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant. This rule does
not involve technical standards; 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. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
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(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). EPA’s compliance
with these statutes and Executive
Orders for the underlying rules are
discussed in previous actions taken on
the State’s rules.
B. Submission to Congress and the
Comptroller General
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. Today’s action simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. 5 U.S.C. 808(2). As
stated previously, EPA has made such a
good cause finding, including the
reasons therefore, and established an
effective April 20, 2005. 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. These corrections to the
identification of plan for the Territory of
Guam are not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
Clean Air Act pertaining to petitions for
judicial review are not applicable to this
action. Prior EPA rulemaking actions for
each individual component of the
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20475
Territory of Guam SIP compilation had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day
period for filing such petitions for
judicial review for these ‘‘Identification
of plan’’ reorganization actions for the
Territory of Guam.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 22, 2005.
Jane Diamond,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart AAA—Guam
§ 52.2670
[Redesignated as § 52.2673]
2. Section 52.2670 is redesignated as
§ 52.2673 and the Section heading and
paragraph (a) are revised to read as
follows:
I
§ 52.2673
Original identification of plan.
(a) This section identified the original
‘‘Implementation Plan for Compliance
With the Ambient Air Quality Standards
for the Territory of Guam’’ and all
revisions submitted by the Territory of
Guam that were federally approved
prior to January 1, 2005.
*
*
*
*
*
I 3. A new § 52.2670 is added to read as
follows:
§ 52.2670
Identification of plan.
(a) Purpose and scope. This section
sets forth the applicable State
implementation plan for Guam under
section 110 of the Clean Air Act, 42
U.S.C. 7401–7671q and 40 CFR part 51
to meet national ambient air quality
standards.
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to January 1, 2005, was
approved for incorporation by reference
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated
as it exists on the date of the approval,
and notice of any change in the material
will be published in the Federal
Register. Entries in paragraphs (c) and
(d) of this section with EPA approval
dates after January 1, 2005, will be
incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region IX certifies that the
rules/regulations provided by EPA in
the SIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State implementation plan as of January
1, 2005.
(3) Copies of the materials
incorporated by reference may be
inspected at the Region IX EPA Office
at 75 Hawthorne Street, San Francisco,
CA 94105; the Air and Radiation Docket
and Information Center, U.S.
Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108,
Washington, DC; or the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA approved regulations.
TABLE 52.2670.—EPA APPROVED TERRITORY OF GUAM REGULATIONS
State citation
Title/subject
Effective
date
Air Pollution Control Standards
and Regulations.
Chapter 01 .................................
Table of Contents ....................................
08/08/1973
Definitions (1.1–1.17, 1.20–1.43) ............
08/24/1979
Chapter 02.1–02.2 .....................
Ambient Air Quality Standards ................
08/08/1973
Chapter 02.3–02.4 .....................
Ambient Air Quality Standards ................
01/13/1972
Chapter 03.01–03.09 .................
Permits Required, etc. .............................
08/24/1979
Chapter 03.10, 3.11 and 03.13
08/08/1973
Chapter 04.1–04.4 .....................
Responsibility of the Permit Holder, etc.
(for complex sources only).
Monitoring, Records and Reporting .........
Chapter 05.1–05.2 .....................
Sampling and Testing Methods ...............
01/13/1972
Chapter 05.3 ..............................
Sampling and Testing Methods ...............
08/24/1979
Chapter 06.1 ..............................
Control of Open Burning ..........................
01/13/1972
Chapter 06.2 ..............................
Exceptions ...............................................
08/24/1979
Chapter 06.3 ..............................
Outdoor Cooking Waiver .........................
01/13/1972
Chapter 07.1 ..............................
08/24/1979
Chapter 07.2–07.3 .....................
Control of Particulate Emissions from
Process Industries.
Process Weight ........................................
Chapter 07.4–07.5 .....................
Process Weight Table .............................
08/24/1979
Chapter 08.1–08.2 .....................
Control of Fugitive Dust ...........................
08/08/1973
Chapter 08.3–08.6 .....................
Specific Requirements .............................
08/24/1979
Chapter 08.8–08.9 .....................
Compliance Schedule ..............................
08/08/1973
Chapter 09.1–09.9 .....................
01/13/1972
Chapter 11.1–11.3 .....................
Control of Particulate Emission from Incinerator; Design and Operation.
Control of Visible Emission of Particulates for Stationary Sources.
Control of Odors in Ambient Air ..............
Chapter 12.1; 12.2 & 12.4 .........
Air Pollution Emergencies .......................
08/24/1979
Chapter 13.1 ..............................
Control of Sulfur Dioxide Emissions ........
08/24/1979
Chapter 13.1 ..............................
Chapter 13.2 ..............................
Addendum to 13.1 ...................................
Control of Sulfur Dioxide Emissions ........
01/28/1980
01/13/1972
Chapter 13.3 & 13.4 ..................
Control of Sulfur Dioxide Emissions ........
08/24/1979
Chapter 14.1–14.7 .....................
Motor Vehicle Pollution Control ...............
08/24/1979
Chapter 10.1–10.2 .....................
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08/24/1979
08/08/1973
08/24/1979
01/13/1972
Sfmt 4700
EPA approval date
12/19/1978
48638.
05/12/1981
26303.
12/19/1978
48638.
05/31/1972
10842.
05/12/1981
26303.
12/19/1978
48638.
05/12/1981
26303.
05/31/1972
10842.
05/12/1981
26303.
05/31/1972
10842.
05/12/1981
26303.
05/31/1972
10842.
05/12/1981
26303.
12/19/1978
48638.
05/12/1981
26303.
12/19/1978
48638.
05/12/1981
26303.
12/19/1978
48638.
05/31/1972
10842.
05/12/1981
26303.
05/31/1972
10842.
05/12/1981
26303.
05/12/1981
26303.
05/12/1981
05/31/1972
10842.
03/06/1980
14559.
05/12/1981
26303.
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Explanation
43 FR
46 FR
43 FR
37 FR
46 FR
43 FR
46 FR
37 FR
46 FR
37 FR
46 FR
37 FR
46 FR
43 FR
46 FR
43 FR
46 FR
43 FR
37 FR
46 FR
37 FR
46 FR
46 FR
46 26303 ....
37 FR
45 FR
46 FR
20APR1
For All Sources except
Tanguisson Power
Plant Compliance
Order for Inductance.
For Tanguisson Power
Plant only.
Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
20477
TABLE 52.2670.—EPA APPROVED TERRITORY OF GUAM REGULATIONS—Continued
State citation
Title/subject
Effective
date
Chapter 17.1–17.4 .....................
Appeal Procedures, Circumvention, Severability, and Effective Date.
12/11/1981
EPA approval date
Explanation
09/30/1982 47 FR
43054.
(d) EPA approved State source
specific requirements.
Name of source
Permit no.
Effective date
EPA approval date
Explanation
none .....................................
(e) [Reserved].
[FR Doc. 05–7806 Filed 4–19–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0092; FRL–7709–3]
Propiconazole; Re-Establishment of
Tolerance for Emergency Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation re-establishes
a time-limited tolerance for combined
residues of the fungicide propiconazole
and its metabolites in or on blueberry at
1.0 parts per million (ppm) for an
additional 2-1/2 year period. This
tolerance will expire and is revoked on
December 31, 2007. This action is in
response to EPA’s granting of an
emergency exemption under section 18
of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
authorizing use of the pesticide on
blueberries. Section 408(l)(6) of the
Federal Food, Drug, and Cosmetic Act
(FFDCA) requires EPA to establish a
time-limited tolerance or exemption
from the requirement for a tolerance for
pesticide chemical residues in food that
will result from the use of a pesticide
under an emergency exemption granted
by EPA under FIFRA section 18.
DATES: This regulation is effective April
20, 2005. Objections and requests for
hearings must be received on or before
June 20, 2005.
ADDRESSES To submit a written
objection or hearing request follow the
detailed instructions as provided in
Unit III. of the SUPPLEMENTARY
INFORMATION. EPA has established a
docket for this action under docket
identification (ID) number OPP–2005–
0092. All documents in the docket are
VerDate jul<14>2003
14:52 Apr 19, 2005
Jkt 205001
listed in the EDOCKET index at http:/
/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 S. 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:
Andrea Conrath, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9356; e-mail address:
conrath.andrea@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
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
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.
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET (http:/
/www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR part 180 is available at E-CFR
Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
II. Background and Statutory Findings
EPA issued a final rule, published in
the Federal Register of January 20, 1999
(64 FR 2995) (FRL–6049–8), which
announced that on its own initiative
under section 408 of the FFDCA, 21
U.S.C. 346a, as amended by the FQPA
(Public Law 104–170), it established a
time-limited tolerance for the combined
residues of propiconazole and its
metabolites in or on blueberry at 1.0
ppm, with an expiration date of
December 31, 1999. This time-limited
tolerance was subsequently extended
via a Federal Register notice published
on March 28, 2002 (67 FR 14866) (FRL–
6828–3), which had the effect of
extending the time-limited tolerance for
blueberry until December 31, 2003. EPA
established the tolerance because
section 408(l)(6) of the FFDCA requires
EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under FIFRA section 18. Such
E:\FR\FM\20APR1.SGM
20APR1
]]>Agencies
[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Rules and Regulations]
[Pages 20473-20477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7806]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GU122-NBK; FRL-7888-4]
Revisions to the Territory of Guam State Implementation Plan,
Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is updating the materials submitted by the Territory of
Guam that are incorporated by reference (IBR) into the Territory of
Guam State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by the territorial agency and
approved by EPA. This update affects the SIP materials that are
available for public inspection at the Office of the Federal Register
(OFR), Office of Air and Radiation Docket and Information, and the
Regional Office.
[[Page 20474]]
DATES: Effective Date: This rule is effective on May 20, 2005.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations and
on line at EPA Region IX's Web site:
Air Division, Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail
Code 6102T), Washington, DC 20460.
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC.
Guam Environmental Protection Agency, 15-6101 Mariner Avenue, Tiyan,
Guam 96913.
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415)
947-4126, rose.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. State Implementation Plan History and Process.
B. Content of Revised IBR Document.
C. Revised Format of the ``Identification of the Plan'' Section
in Subpart AAA.
D. Enforceability and Legal Effect.
E. Notice of Administrative Change.
II. Public Comments.
III. Statutory and Executive Order Reviews.
I. Background
A. State Implementation Plan History and Process.
Each State is required to have a SIP that contains the control
measures and strategies that will be used to attain and maintain the
national ambient air quality standards (NAAQS). The SIP is extensive,
containing such elements as emission inventories, monitoring networks,
attainment demonstrations, and enforcement mechanisms. The control
measures and strategies must be formally adopted by each State after
the public has had an opportunity to comment on them. They are then
submitted to EPA as SIP revisions on which EPA must formally act.
Once these control measures are approved by EPA after notice and
comment, they are incorporated into the SIP and are identified in Part
52, Approval and Promulgation of Implementation Plans, Title 40 of the
Code of Federal Regulations (40 CFR part 52). The actual State
regulations which are approved by EPA are not reproduced in their
entirety in 40 CFR part 52, but are ``incorporated by reference,''
which means that the citation of a given State regulation with a
specific effective date has been approved by EPA. This format allows
both EPA and the public to know which measures are contained in a given
SIP and insures that the State is enforcing the regulations. It also
allows EPA and the public to take enforcement action, should a State
not enforce its SIP-approved regulations.
The SIP is a living document that the State can revise as necessary
to address the unique air pollution problems in the State. From time to
time, therefore, EPA must take action on SIP revisions containing new
and/or revised regulations as being part of the SIP. On May 22, 1997
(62 FR 27968), EPA revised the procedures for incorporating by
reference federally-approved SIPs, as a result of consultations between
EPA and OFR. EPA began the process of developing (1) a revised SIP
document for each State that would be incorporated by reference under
the provisions of 1 CFR part 51; (2) a revised mechanism for announcing
EPA approval of revisions to an applicable SIP and updating both the
IBR document and the CFR, and (3) a revised format of the
``Identification of plan'' sections for each applicable subpart to
reflect these revised IBR procedures. The description of the revised
SIP document, IBR procedures, and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997, Federal Register
document.
B. Content of Revised IBR Document
The new SIP compilations contain the federally-approved portion of
regulations submitted by each State agency. These regulations have all
been approved by EPA through previous rule making actions in the
Federal Register. The compilations are stored in hard covered folders
and will be updated, usually on an annual basis.
Each compilation contains two parts. Part 1 contains the
regulations and Part 2 contains nonregulatory provisions that have been
EPA-approved. Each part consists of a table of identifying information
for each regulation and each nonregulatory provision. The table of
identifying information corresponds to the table of contents published
in 40 CFR part 52 for each State and Territory. The Regional EPA
Offices have the primary responsibility for ensuring accuracy and
updating the compilations. The Region IX EPA Office developed and will
maintain the compilation for the Territory of Guam. A copy of the full
text of each State's current compilation will also be maintained at the
Office of the Federal Register and EPA's Air Docket and Information
Center.
C. Revised Format of the ``Identification of Plan'' Section in Subpart
AAA
In order to better serve the public, EPA is revising the
organization of the ``Identification of plan section'' including
additional information that will make it clearer as to what provisions
constitute the enforceable elements of the SIP.
The revised Identification of plan section will contain five
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c)
EPA approved regulations, (d) EPA approved source specific permits, and
(e) EPA approved nonregulatory provisions such as transportation
control measures, statutory provisions, control strategies, monitoring
networks, etc.
D. Enforceability and Legal Effect
All revisions to the applicable SIP become federally enforceable as
of the effective date of the revisions to paragraph (c), (d), or (e) of
the applicable Identification of plan found in each subpart of 40 CFR
part 52. To facilitate enforcement of previously approved SIP
provisions and provide a smooth transition to the new SIP processing
system, EPA is retaining the original Identification of plan section,
previously appearing in the CFR as the first section of part 52 for
subpart AAA, Guam.
E. Notice of Administrative Change
Today's rule constitutes a ``housekeeping'' exercise to ensure that
all revisions to State programs that have occurred are accurately
reflected in 40 CFR part 52. State SIP revisions are controlled by EPA
regulations at 40 CFR part 51. When EPA receives a formal SIP revision
request, the Agency must publish the proposed revision in the Federal
Register and provide for public comment before approval.
II. Public Comments
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) that, upon finding ``good cause,'' authorizes agencies to
dispense with public participation; and section 553(d)(3), which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies provisions that are already in effect as a
matter of law in Federal and approved state programs. Under section 553
of the APA, an agency may find good cause
[[Page 20475]]
where procedures are ``impractical, unnecessary, or contrary to the
public interest.'' Public comment is ``unnecessary'' and ``contrary to
the public interest'' since the codification only reflects existing
law. Immediate notice in the CFR benefits the public by removing
outdated citations.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This rule also
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, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it 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 rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This rule does not involve
technical standards; 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. The rule also does not involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this
rule, EPA has taken the necessary steps to eliminate drafting errors
and ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's
compliance with these statutes and Executive Orders for the underlying
rules are discussed in previous actions taken on the State's rules.
B. Submission to Congress and the Comptroller General
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
action simply codifies provisions which are already in effect as a
matter of law in Federal and approved State programs. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective April 20, 2005. 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. These corrections to the
identification of plan for the Territory of Guam are not a ``major
rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. Prior EPA rulemaking actions for each
individual component of the Territory of Guam SIP compilation had
previously afforded interested parties the opportunity to file a
petition for judicial review in the United States Court of Appeals for
the appropriate circuit within 60 days of such rulemaking action. Thus,
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for these ``Identification of plan''
reorganization actions for the Territory of Guam.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 22, 2005.
Jane Diamond,
Acting Regional Administrator.
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 AAA--Guam
Sec. 52.2670 [Redesignated as Sec. 52.2673]
0
2. Section 52.2670 is redesignated as Sec. 52.2673 and the Section
heading and paragraph (a) are revised to read as follows:
Sec. 52.2673 Original identification of plan.
(a) This section identified the original ``Implementation Plan for
Compliance With the Ambient Air Quality Standards for the Territory of
Guam'' and all revisions submitted by the Territory of Guam that were
federally approved prior to January 1, 2005.
* * * * *
0
3. A new Sec. 52.2670 is added to read as follows:
Sec. 52.2670 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Guam under section 110 of the Clean Air Act, 42
U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to January
1, 2005, was approved for incorporation by reference
[[Page 20476]]
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Material is incorporated as it exists on the
date of the approval, and notice of any change in the material will be
published in the Federal Register. Entries in paragraphs (c) and (d) of
this section with EPA approval dates after January 1, 2005, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region IX certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of January 1, 2005.
(3) Copies of the materials incorporated by reference may be
inspected at the Region IX EPA Office at 75 Hawthorne Street, San
Francisco, CA 94105; the Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue,
NW., Room B108, Washington, DC; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.
(c) EPA approved regulations.
Table 52.2670.--EPA Approved Territory of Guam Regulations
----------------------------------------------------------------------------------------------------------------
Effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Standards Table of Contents....... 08/08/1973 12/19/1978 43 FR ..................
and Regulations. 48638.
Chapter 01...................... Definitions (1.1-1.17, 08/24/1979 05/12/1981 46 FR ..................
1.20-1.43). 26303.
Chapter 02.1-02.2............... Ambient Air Quality 08/08/1973 12/19/1978 43 FR ..................
Standards. 48638.
Chapter 02.3-02.4............... Ambient Air Quality 01/13/1972 05/31/1972 37 FR ..................
Standards. 10842.
Chapter 03.01-03.09............. Permits Required, etc... 08/24/1979 05/12/1981 46 FR ..................
26303.
Chapter 03.10, 3.11 and 03.13... Responsibility of the 08/08/1973 12/19/1978 43 FR ..................
Permit Holder, etc. 48638.
(for complex sources
only).
Chapter 04.1-04.4............... Monitoring, Records and 08/24/1979 05/12/1981 46 FR ..................
Reporting. 26303.
Chapter 05.1-05.2............... Sampling and Testing 01/13/1972 05/31/1972 37 FR ..................
Methods. 10842.
Chapter 05.3.................... Sampling and Testing 08/24/1979 05/12/1981 46 FR ..................
Methods. 26303.
Chapter 06.1.................... Control of Open Burning. 01/13/1972 05/31/1972 37 FR ..................
10842.
Chapter 06.2.................... Exceptions.............. 08/24/1979 05/12/1981 46 FR ..................
26303.
Chapter 06.3.................... Outdoor Cooking Waiver.. 01/13/1972 05/31/1972 37 FR ..................
10842.
Chapter 07.1.................... Control of Particulate 08/24/1979 05/12/1981 46 FR ..................
Emissions from Process 26303.
Industries.
Chapter 07.2-07.3............... Process Weight.......... 08/08/1973 12/19/1978 43 FR ..................
48638.
Chapter 07.4-07.5............... Process Weight Table.... 08/24/1979 05/12/1981 46 FR ..................
26303.
Chapter 08.1-08.2............... Control of Fugitive Dust 08/08/1973 12/19/1978 43 FR ..................
48638.
Chapter 08.3-08.6............... Specific Requirements... 08/24/1979 05/12/1981 46 FR ..................
26303.
Chapter 08.8-08.9............... Compliance Schedule..... 08/08/1973 12/19/1978 43 FR ..................
48638.
Chapter 09.1-09.9............... Control of Particulate 01/13/1972 05/31/1972 37 FR ..................
Emission from 10842.
Incinerator; Design and
Operation.
Chapter 10.1-10.2............... Control of Visible 08/24/1979 05/12/1981 46 FR ..................
Emission of 26303.
Particulates for
Stationary Sources.
Chapter 11.1-11.3............... Control of Odors in 01/13/1972 05/31/1972 37 FR ..................
Ambient Air. 10842.
Chapter 12.1; 12.2 & 12.4....... Air Pollution 08/24/1979 05/12/1981 46 FR ..................
Emergencies. 26303.
Chapter 13.1.................... Control of Sulfur 08/24/1979 05/12/1981 46 FR For All Sources
Dioxide Emissions. 26303. except Tanguisson
Power Plant
Compliance Order
for Inductance.
Chapter 13.1.................... Addendum to 13.1........ 01/28/1980 05/12/1981 46 26303 ..................
Chapter 13.2.................... Control of Sulfur 01/13/1972 05/31/1972 37 FR For Tanguisson
Dioxide Emissions. 10842. Power Plant only.
Chapter 13.3 & 13.4............. Control of Sulfur 08/24/1979 03/06/1980 45 FR ..................
Dioxide Emissions. 14559.
Chapter 14.1-14.7............... Motor Vehicle Pollution 08/24/1979 05/12/1981 46 FR ..................
Control. 26303.
[[Page 20477]]
Chapter 17.1-17.4............... Appeal Procedures, 12/11/1981 09/30/1982 47 FR ..................
Circumvention, 43054.
Severability, and
Effective Date.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved State source specific requirements.
----------------------------------------------------------------------------------------------------------------
Name of source Permit no. Effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
none............................ ..................
----------------------------------------------------------------------------------------------------------------
(e) [Reserved].
[FR Doc. 05-7806 Filed 4-19-05; 8:45 am]
BILLING CODE 6560-50-P
