Approval and Promulgation of Air Quality Implementation Plans; Maine; Architectural and Industrial Maintenance (AIM) Coatings Regulation, 13767-13769 [06-2601]
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Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
1. On page 12, column 3, in the
preamble under paragraph heading
‘‘Background and Explanation of
Provisions’’, second paragraph, fourth
line from the bottom of the paragraph,
the language, ‘‘is subject the One-Day
rule of’’ is corrected to read ‘‘is subject
to the One-Day rule of’’.
I
Guy R. Traynor,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 06–2534 Filed 3–16–06; 8:45 am]
PART 1—[CORRECTED]
1. On page 4274, column 2, under Par.
5., the language, ‘‘3. Revising the
paragraph heading for paragraph (h).’’ is
removed.
I 2. On page 4274, column 3, the
language, ‘‘Par. 6. Section 1.1502–19T is
revised to read as follows:’’ is corrected
to read ‘‘Par. 6. Section 1.1502–19T is
added to read as follows:’’.
I
BILLING CODE 4830–01–P
Guy R. Traynor,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedures and Administration).
[FR Doc. 06–2537 Filed 3–16–06; 8:45 am]
DEPARTMENT OF THE TREASURY
BILLING CODE 4830–01–P
Internal Revenue Service
ENVIRONMENTAL PROTECTION
AGENCY
26 CFR Part 1
[TD 9244]
40 CFR Part 52
RIN 1545–BC05; 1545–BE88
Determination of Basis of Stock or
Securities Received in Exchange for,
or With Respect to, Stock or Securities
in Certain Transactions; Treatment of
Excess Loss Accounts; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction notice to final and
temporary regulations.
AGENCY:
SUMMARY: This document contains a
correction to final and temporary
regulations (TD 9244), that was
published in the Federal Register on
Thursday, January 26, 2006 (71 FR
4264). This regulation provides
guidance regarding the determination of
the basis of stock or securities received
in exchange for, or with respect to stock
or securities in certain transactions.
DATES: This correction is effective
January 23, 2006.
FOR FURTHER INFORMATION CONTACT:
Theresa M. Kolish, (202) 622–3070 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations
(TD 9244) that are the subject of these
corrections are under sections 356, 358
and 1502 of the Internal Revenue Code.
erjones on PROD1PC68 with RULES
Need for Correction
As published, TD 9244 contains errors
that may prove to be misleading and are
in need of clarification.
Correction of Publication
Accordingly, the publication of the
final and temporary regulations (TD
9244), that were the subject of FR Doc.
06–585, is corrected as follows:
I
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15:19 Mar 16, 2006
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[EPA–R01–OAR–2005–ME–0003; A–1–FRL–
8038–1]
Approval and Promulgation of Air
Quality Implementation Plans; Maine;
Architectural and Industrial
Maintenance (AIM) Coatings
Regulation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision establishes requirements to
reduce volatile organic compound
(VOC) emissions from architectural and
industrial maintenance (AIM) coatings.
The intended effect of this action is to
approve these requirements into the
Maine SIP. This action is being taken
under the Clean Air Act (CAA).
DATES: This rule will become effective
on April 17, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2005–ME–0003. All documents in the
docket are listed on the https://
www.regulations.gov Web site. 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 through https://
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
PO 00000
Frm 00031
Fmt 4700
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13767
New England Regional Office, One
Congress Street, Suite 1100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at the Air and
Radiation Docket and Information
Center, U.S. Environmental Protection
Agency, Room B–108, 1301 Constitution
Avenue, NW., Washington, DC; and the
Bureau of Air Quality Control,
Department of Environmental
Protection, First Floor of the Tyson
Building, Augusta Mental Health
Institute Complex, Augusta, ME 04333–
0017.
FOR FURTHER INFORMATION CONTACT:
Anne Arnold, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, One Congress Street, Suite 1100
(CAQ), Boston, MA 02114–2023, (617)
918–1047, arnold.anne@epa.gov.
SUPPLEMENTARY INFORMATION: This
section is organized as follows:
A. What action is EPA taking?
B. What are the requirements of Maine’s
new regulation?
C. Why is EPA approving this regulation?
A. What action is EPA taking?
EPA is approving Maine’s Chapter
151, ‘‘Architectural and Industrial
Maintenance (AIM) Coatings,’’ and
incorporating this regulation into the
Maine SIP.
On December 15, 2005, (70 FR 74259),
EPA proposed approval of Maine’s
Chapter 151 (the proposal). No one
submitted comments on the proposal.
B. What are the requirements of
Maine’s new regulation?
Maine’s Chapter 151 applies to any
person who supplies, sells, offers for
sale, or manufactures, any architectural
coating for use within the State of Maine
and to any person who applies, or
solicits the application of, any
architectural coating within the State of
Maine. The rule includes VOC content
limits for several categories of
architectural coatings such as roof
coatings, swimming pool coatings, and
traffic marking coatings. Aerosol coating
products, as well as architectural
coatings sold in a container with a
volume of one liter or less, are exempt
from the regulation.
In addition, Chapter 151 includes the
appropriate testing and recordkeeping
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13768
Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
requirements to ensure compliance with
the specified performance standards.
Specifically, the rule requires the use of
EPA test methods and test procedures
adopted by ASTM, South Coast AQMD,
and Bay Area AQMD. The rule also
allows the use of alternative test
methods that have been approved by the
Maine DEP and EPA. Finally, the rule
requires compliance with the specified
VOC content limits by January 1, 2006
(with one exception).1 However,
coatings manufactured prior to January
1, 2006, may be sold, supplied, offered
for sale, or applied after January 1, 2006,
so long as the coating complied with the
standards in effect at the time the
coating was manufactured.
Other specific requirements of
Chapter 151 are explained in the
proposal and TSD 2 and will not be
restated here.
C. Why is EPA approving this
regulation?
The rationale for EPA’s approval is
stated in the proposal and in the TSD
and will not be restated here. The
Agency has determined this rule is
approvable as a SIP strengthening
measure. The reductions from Maine’s
AIM rule will be evaluated in a separate
rulemaking where EPA is proposing
approval of Maine’s five percent
increment of progress plan which relies
on reductions from the AIM rule. See
notice of proposed rulemaking at 71 FR
569 (January 5, 2006).
Final Action: EPA is approving
Maine’s Chapter 151, ‘‘Architectural and
Industrial Maintenance (AIM)
Coatings,’’ and incorporating this
regulation into the Maine SIP.
erjones on PROD1PC68 with RULES
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
1 The rule includes both a January 1, 2006, and
a January 1, 2011, emission limit for varnishes.
2 ‘‘Technical Support Document—Maine—
Architectural and Industrial Maintenance Coatings
Regulation,’’ (TSD) EPA memorandum, dated
November 10, 2005.
VerDate Aug<31>2005
15:19 Mar 16, 2006
Jkt 208001
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), because it merely
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
PO 00000
Frm 00032
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 May 16, 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
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 14, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
Part 52 of 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 U—Maine
2. Section 52.1020 is amended by
adding paragraph (c)(59) to read as
follows:
I
§ 52.1020
Identification of plan.
*
*
*
*
*
(c) * * *
(59) Revisions to the State
Implementation Plan submitted by the
Maine Department of Environmental
Protection on December 3, 2004, January
5, 2005, October 31, 2005, and
November 9, 2005.
(i) Incorporation by reference.
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Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
(A) Chapter 151 of the Maine
Department of Environmental Protection
Regulations, ‘‘Architectural and
Industrial Maintenance (AIM)
Coatings,’’ effective in the State of
Maine on November 1, 2005.
(ii) Additional materials.
(A) Nonregulatory portions of the
submittal.
I 3. In § 52.1031, Table 52.1031 is
amended by adding a new state citation,
151, to read as follows:
§ 52.1031 EPA-approved Maine
regulations.
*
*
*
*
*
TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS
State
citation
Date
adopted
by state
*
151
*
Architectural and Industrial
Maintenance (AIM) Coatings.
*
Date
approved
by EPA
*
10/06/05
Title/subject
3/17/06
*
[FR Doc. 06–2601 Filed 3–16–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[FRL–8011–3]
Underground Storage Tank Program:
Approved State Program for
Pennsylvania
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
erjones on PROD1PC68 with RULES
AGENCY:
SUMMARY: The Resource Conservation
and Recovery Act of 1976, as amended
(RCRA), authorizes EPA to grant
approval to States to operate their
underground storage tank programs in
lieu of the Federal program. Title 40 of
the Code of Federal Regulations (40
CFR) codifies EPA’s decision to approve
State programs and incorporates by
reference those provisions of the State
statutes and regulations that will be
subject to EPA’s inspection and
enforcement authorities in accordance
with sections 9005 and 9006 of RCRA
Subtitle I and other applicable statutory
and regulatory provisions. This rule
codifies the prior approval of the
Commonwealth of Pennsylvania’s
underground storage tank program and
incorporates by reference appropriate
provisions of State statutes and
regulations.
This regulation is effective May
16, 2006, unless EPA publishes a prior
Federal Register notice withdrawing
this immediate final rule. All comments
DATES:
VerDate Aug<31>2005
15:19 Mar 16, 2006
*
*
Note 1. The regulations are effective
statewide unless stated otherwise in
comments section.
Jkt 208001
Federal Register citation
*
[Insert FEDERAL REGISTER
page number where the
document begins].
*
Background
Section 9004 of RCRA, 42 U.S.C.
6991c, allows the EPA to approve a
State underground storage tank program
to operate in the State in lieu of the
Federal underground storage tank
program. EPA published a rule in the
Federal Register granting approval to
the Commonwealth of Pennsylvania on
September 11, 2003, and approval was
effective on September 11, 2003 (66 FR
53520).
EPA codifies its approval of a State
program in 40 CFR part 282 and
incorporates by reference therein the
State’s statutes and regulations that
Frm 00033
Fmt 4700
*
(c)(59)
*
*
*
*
on the codification of the
Commonwealth of Pennsylvania’s
underground storage tank program must
be received by the close of business
April 17, 2006. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register, as of
May 16, 2006, in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Send written comments to
Carletta Parlin, U.S. EPA Region 3,
Mailcode 3WC21, RCRA State Programs
Branch, 1650 Arch Street, Philadelphia,
PA 19103–2029. Comments may also be
submitted electronically through the
Internet to: parlin.carletta@epa.gov or
by facsimile at (215) 814–3163. You can
examine copies of the codification
materials during normal business hours
at the following location: EPA Region 3,
Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103–2029. Phone:
(215) 814–5254.
FOR FURTHER INFORMATION CONTACT:
Carletta Parlin, U.S. EPA Region 3,
Mailcode 3WC21, RCRA State Programs
Branch, 1650 Arch Street, Philadelphia,
PA 19103–2029. Phone: (215) 814–3380.
SUPPLEMENTARY INFORMATION:
PO 00000
52.1020
Sfmt 4700
make up the approved program which is
federally-enforceable in accordance
with sections 9005 and 9006 of Subtitle
I of RCRA, 42 U.S.C. 6991d and 6991e,
and other applicable statutory and
regulatory provisions. Today’s
rulemaking codifies EPA’s approval of
the Commonwealth of Pennsylvania’s
underground storage tank program. This
codification reflects the State program
in effect at the time EPA granted the
Commonwealth approval, in accordance
with RCRA section 9004(a), 42 U.S.C.
6991c(a), for its underground storage
tank program. Notice and opportunity
for comment were provided earlier on
the Agency’s decision to approve the
Commonwealth’s program, and EPA is
not now reopening that decision nor
requesting comment on it.
To codify EPA’s approval of the
Commonwealth of Pennsylvania’s
underground storage tank program, EPA
has added § 282.88 to title 40 of the
CFR. 40 CFR 282.88(d)(1)(i) incorporates
by reference the State’s statutes and
regulations that make up the approved
program which is federally-enforceable.
40 CFR 282.88 also references the
Attorney General’s Statement, the
Demonstration of Adequate
Enforcement Procedures, the Program
Description, and the Memorandum of
Agreement, which were evaluated as
part of the approval process of the
underground storage tank program, in
accordance with Subtitle I of RCRA.
EPA retains the authority in
accordance with sections 9005 and 9006
of Subtitle I of RCRA, 42 U.S.C. 6991d
and 6991e, and other applicable
statutory and regulatory provisions, to
undertake inspections and enforcement
actions in approved States. With respect
to such an enforcement action, EPA will
rely on Federal sanctions, Federal
inspection authorities, and Federal
procedures rather than the State
E:\FR\FM\17MRR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Rules and Regulations]
[Pages 13767-13769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2601]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2005-ME-0003; A-1-FRL-8038-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Architectural and Industrial Maintenance (AIM) Coatings
Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maine. This revision establishes requirements
to reduce volatile organic compound (VOC) emissions from architectural
and industrial maintenance (AIM) coatings. The intended effect of this
action is to approve these requirements into the Maine SIP. This action
is being taken under the Clean Air Act (CAA).
DATES: This rule will become effective on April 17, 2006.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2005-ME-0003. All documents in the
docket are listed on the https://www.regulations.gov Web site. 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
through https://www.regulations.gov or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100, Boston, MA.
EPA requests that if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding Federal holidays.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-108, 1301 Constitution Avenue, NW.,
Washington, DC; and the Bureau of Air Quality Control, Department of
Environmental Protection, First Floor of the Tyson Building, Augusta
Mental Health Institute Complex, Augusta, ME 04333-0017.
FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
(617) 918-1047, arnold.anne@epa.gov.
SUPPLEMENTARY INFORMATION: This section is organized as follows:
A. What action is EPA taking?
B. What are the requirements of Maine's new regulation?
C. Why is EPA approving this regulation?
A. What action is EPA taking?
EPA is approving Maine's Chapter 151, ``Architectural and
Industrial Maintenance (AIM) Coatings,'' and incorporating this
regulation into the Maine SIP.
On December 15, 2005, (70 FR 74259), EPA proposed approval of
Maine's Chapter 151 (the proposal). No one submitted comments on the
proposal.
B. What are the requirements of Maine's new regulation?
Maine's Chapter 151 applies to any person who supplies, sells,
offers for sale, or manufactures, any architectural coating for use
within the State of Maine and to any person who applies, or solicits
the application of, any architectural coating within the State of
Maine. The rule includes VOC content limits for several categories of
architectural coatings such as roof coatings, swimming pool coatings,
and traffic marking coatings. Aerosol coating products, as well as
architectural coatings sold in a container with a volume of one liter
or less, are exempt from the regulation.
In addition, Chapter 151 includes the appropriate testing and
recordkeeping
[[Page 13768]]
requirements to ensure compliance with the specified performance
standards. Specifically, the rule requires the use of EPA test methods
and test procedures adopted by ASTM, South Coast AQMD, and Bay Area
AQMD. The rule also allows the use of alternative test methods that
have been approved by the Maine DEP and EPA. Finally, the rule requires
compliance with the specified VOC content limits by January 1, 2006
(with one exception).\1\ However, coatings manufactured prior to
January 1, 2006, may be sold, supplied, offered for sale, or applied
after January 1, 2006, so long as the coating complied with the
standards in effect at the time the coating was manufactured.
---------------------------------------------------------------------------
\1\ The rule includes both a January 1, 2006, and a January 1,
2011, emission limit for varnishes.
---------------------------------------------------------------------------
Other specific requirements of Chapter 151 are explained in the
proposal and TSD \2\ and will not be restated here.
---------------------------------------------------------------------------
\2\ ``Technical Support Document--Maine--Architectural and
Industrial Maintenance Coatings Regulation,'' (TSD) EPA memorandum,
dated November 10, 2005.
---------------------------------------------------------------------------
C. Why is EPA approving this regulation?
The rationale for EPA's approval is stated in the proposal and in
the TSD and will not be restated here. The Agency has determined this
rule is approvable as a SIP strengthening measure. The reductions from
Maine's AIM rule will be evaluated in a separate rulemaking where EPA
is proposing approval of Maine's five percent increment of progress
plan which relies on reductions from the AIM rule. See notice of
proposed rulemaking at 71 FR 569 (January 5, 2006).
Final Action: EPA is approving Maine's Chapter 151, ``Architectural
and Industrial Maintenance (AIM) Coatings,'' and incorporating this
regulation into the Maine SIP.
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), because it merely 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 May 16, 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 enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 14, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
0
Part 52 of 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 U--Maine
0
2. Section 52.1020 is amended by adding paragraph (c)(59) to read as
follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(59) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on December 3, 2004,
January 5, 2005, October 31, 2005, and November 9, 2005.
(i) Incorporation by reference.
[[Page 13769]]
(A) Chapter 151 of the Maine Department of Environmental Protection
Regulations, ``Architectural and Industrial Maintenance (AIM)
Coatings,'' effective in the State of Maine on November 1, 2005.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
0
3. In Sec. 52.1031, Table 52.1031 is amended by adding a new state
citation, 151, to read as follows:
Sec. 52.1031 EPA-approved Maine regulations.
* * * * *
Table 52.1031.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State Title/subject adopted by approved by Federal Register 52.1020
citation state EPA citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
151 Architectural and 10/06/05 3/17/06 [Insert Federal (c)(59) ...................
Industrial Register page
Maintenance (AIM) number where the
Coatings. document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note 1. The regulations are effective statewide unless stated
otherwise in comments section.
[FR Doc. 06-2601 Filed 3-16-06; 8:45 am]
BILLING CODE 6560-50-P
