Approval and Promulgation of Air Quality Implementation Plans; Texas; Permits by Rule, 70736-70737 [05-23216]

Download as PDF 70736 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on January 23, 2006. This will incorporate these rules into the federally enforceable SIP. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. 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 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 merely VerDate Aug<31>2005 15:18 Nov 22, 2005 Jkt 208001 approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This 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 January 23, 2006. 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 26, 2005. Jane Diamond, Acting Regional Administrator, Region IX. 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 F—California 2. Section 52.220 is amended by adding paragraphs (c)(336)(i)(C) and (D) to read as follows: I § 52.220 Identification of plan. * * * * * (c) * * * (336) * * * (i) * * * (C) Imperial County Air Pollution Control District. (1) Rule 101, adopted on January 11, 2005. (D) Santa Barbara County Air Pollution Control District. (1) Rule 102, adopted on January 20, 2005. * * * * * [FR Doc. 05–23090 Filed 11–22–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R06–OAR–2005–TX–0016; FRL–8000–6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Permits by Rule Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: SUMMARY: On September 28, 2005 (70 FR 56566), EPA published a direct final rule to approve a State Implementation Plan (SIP) revision for the State of Texas. This action removed a provision from the Texas SIP which provided public notice for concrete batch plants which were constructed under a permit E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations by rule (PBR). The direct final action was published without prior proposal because EPA anticipated no adverse comment. EPA stated in the direct final rule that if EPA received adverse comment by October 28, 2005, EPA would publish a timely withdrawal in the Federal Register. EPA subsequently received a timely adverse comment on the direct final rule. Therefore, EPA is withdrawing the direct final approval. EPA will address the comment in a subsequent final action based on the parallel proposal also published on September 28, 2005 (70 FR 56612). As stated in the parallel proposal, EPA will not institute a second comment period on this action. DATES: The direct final rule published on September 28, 2005 (70 FR 56566) is withdrawn as of November 23, 2005. FOR FURTHER INFORMATION CONTACT: Stanley M. Spruiell, Air Permits Section (6PD–R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–7212; fax number 214–665–7263; e-mail address spruiell.stanley@epa.gov. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds. Dated: November 15, 2005. Lawrence E. Starfield, Acting Regional Administrator, Region 6. [FR Doc. 05–23216 Filed 11–22–05; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP–2005–0175; FRL–7722–6] Tralkoxydim; Pesticide Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: This regulation establishes a tolerance for residues of tralkoxydim in or on barley grain, barley hay, barley straw, wheat grain, and wheat hay, wheat forage, and wheat straw. Syngenta Crop Protection, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). DATES: This regulation is effective November 23, 2005. Objections and 15:18 Nov 22, 2005 SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? BILLING CODE 6560–50–P VerDate Aug<31>2005 requests for hearings must be received on or before January 23, 2006. ADDRESSES: To submit a written objection or hearing request follow the detailed instructions as provided in Unit VI. of the SUPPLEMENTARY INFORMATION. EPA has established a docket for this action under Docket identification (ID) number OPP–2005– 0175. 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 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: Jim Tompkins, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–5697; e-mail address:Tompkins.Jim@epa.gov. Jkt 208001 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 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 70737 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. B. How Can I Access Electronic Copies of this Document and Other Related Information? In addition to using EDOCKET (https:// 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 In the Federal Register of June 22, 2005 (70 FR 36162) (FRL–7715–6), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 6F4631) by Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro, NC, 27419–8300. The petition requested that 40 CFR 180.548 be amended by establishing a tolerance for residues of the herbicide tralkoxydim, 2-(Cyclohexen-1-one, 2-[1(ethoxyimino)propyl]-3-hydroxy-5(2,4,6-trimethylphenyl)-(9Cl), in or on barley grain, barley hay, wheat grain, and wheat hay at 0.02 parts per million (ppm) and barley straw, wheat forage, and wheat straw at 0.05 ppm. That notice included a summary of the petition prepared by Syngenta Crop Protection, Inc., the registrant. Public comments were received from B. Sachau who objected to the ‘‘sale or marketing’’ of this product. She asserted that the registrant’s statement in the notice of filing that ‘‘it is unlikely’’ that secondary residues would occur in animal commodities is not a ‘‘strong enough’’ standard. B. Sachau’s comments contained no scientific data or evidence to rebut the Agency’s conclusion that there is a reasonable certainty that no harm will result from aggregate exposure to tralkoxydim, including all anticipated dietary exposures and all other exposures for which there is reliable information. EPA has determined that there is no reasonable expectation of dietary risk due to residues of tralkoxydim occurring in meat, milk, poultry, or eggs E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Rules and Regulations]
[Pages 70736-70737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23216]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0016; FRL-8000-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Permits by Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: On September 28, 2005 (70 FR 56566), EPA published a direct 
final rule to approve a State Implementation Plan (SIP) revision for 
the State of Texas. This action removed a provision from the Texas SIP 
which provided public notice for concrete batch plants which were 
constructed under a permit

[[Page 70737]]

by rule (PBR). The direct final action was published without prior 
proposal because EPA anticipated no adverse comment. EPA stated in the 
direct final rule that if EPA received adverse comment by October 28, 
2005, EPA would publish a timely withdrawal in the Federal Register. 
EPA subsequently received a timely adverse comment on the direct final 
rule. Therefore, EPA is withdrawing the direct final approval. EPA will 
address the comment in a subsequent final action based on the parallel 
proposal also published on September 28, 2005 (70 FR 56612). As stated 
in the parallel proposal, EPA will not institute a second comment 
period on this action.

DATES: The direct final rule published on September 28, 2005 (70 FR 
56566) is withdrawn as of November 23, 2005.

FOR FURTHER INFORMATION CONTACT: Stanley M. Spruiell, Air Permits 
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7212; 
fax number 214-665-7263; e-mail address spruiell.stanley@epa.gov.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: November 15, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-23216 Filed 11-22-05; 8:45 am]
BILLING CODE 6560-50-P
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