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53564 Federal Register / Vol. 70, No.

174 / Friday, September 9, 2005 / Rules and Regulations

taking implications under Executive procedures; and related management ENVIRONMENTAL PROTECTION
Order 12630, Governmental Actions and systems practices) that are developed or AGENCY
Interference with Constitutionally adopted by voluntary consensus
Protected Property Rights. standards bodies. 40 CFR Part 52
Civil Justice Reform This rule does not use technical
standards. Therefore, we did not [AS123–NBK; FRL–7955–6]
This rule meets applicable standards
consider the use of voluntary consensus
in sections 3(a) and 3(b)(2) of Executive Revisions to the Territory of American
standards.
Order 12988, Civil Justice Reform, to Samoa State Implementation Plan,
minimize litigation, eliminate Environment Update to Materials Incorporated by
ambiguity, and reduce burden. Reference
We have analyzed this rule under
Protection of Children Commandant Instruction M16475.lD, AGENCY: Environmental Protection
We have analyzed this rule under which guides the Coast Guard in Agency (EPA).
Executive Order 13045, Protection of complying with the National
Environmental Policy Act of 1969 ACTION:Final rule; notice of
Children from Environmental Health
(NEPA) (42 U.S.C. 4321–4370f), and administrative change.
Risks and Safety Risks. This rule is not
an economically significant rule and have concluded that there are no factors
SUMMARY: EPA is updating the materials
does not create an environmental risk to in this case that would limit the use of
submitted by the Territory of American
health or risk to safety that may a categorical exclusion under section
Samoa that are incorporated by
disproportionately affect children. 2.B.2 of the Instruction. Therefore, this
reference (IBR) into the Territory of
rule is categorically excluded, under
Indian Tribal Governments American Samoa State Implementation
figure 2–1, paragraph (34)(g), of the
This rule does not have tribal Plan (SIP). The regulations affected by
Instruction, from further environmental
implications under Executive Order this update have been previously
documentation. A final ‘‘Environmental
13175, Consultation and Coordination submitted by the territorial agency and
Analysis Check List’’ and a final
with Indian Tribal Governments, approved by EPA. This update affects
‘‘Categorical Exclusion Determination’’
because it does not have a substantial the SIP materials that are available for
are available in the docket where
direct effect on one or more Indian public inspection at the Office of the
indicated under ADDRESSES.
tribes, on the relationship between the Federal Register (OFR), Office of Air and
Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 Radiation Docket and Information, and
or on the distribution of power and the Regional Office.
Harbors, Marine safety, Navigation
responsibilities between the Federal (water), Reporting and recordkeeping DATES: Effective Date: This rule is
Government and Indian tribes. requirements, Security measures, effective on September 9, 2005.
Energy Effects Waterways. ADDRESSES: SIP materials that are
incorporated by reference into 40 CFR
We have analyzed this rule under ■ For the reasons discussed in the
part 52 are available for inspection at
Executive Order 13211, Actions preamble, the Coast Guard temporarily
the following locations and online at
Concerning Regulations That amends 33 CFR part 165 as follows:
EPA Region IX’s Web site:
Significantly Affect Energy Supply,
Distribution, or Use. We have PART 165—REGULATED NAVIGATION Air Division, Environmental Protection
determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS Agency, Region IX, 75 Hawthorne
energy action’’ under that order because Street, San Francisco, CA 94105–
it is not a ‘‘significant regulatory action’’ ■ 1. The authority citation for part 165 3901.
under Executive Order 12866 and is not continues to read as follows: Air and Radiation Docket and
likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Information Center, U.S.
on the supply, distribution, or use of Chapter 701; 50 U.S.C. 191; 195; 33 CFR Environmental Protection Agency,
energy. The Administrator of the Office 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Room B–102, 1301 Constitution
of Information and Regulatory Affairs 107–295, 116 Stat 2064; Department of Avenue, NW., (Mail Code 6102T),
has not designated it as a significant Homeland Security Delegation No. 0170.1. Washington, DC 20460.
energy action. Therefore, it does not Office of the Federal Register, 800 North
require a Statement of Energy Effects ■ 2. From 10 a.m. to 4 p.m. on Capitol Street, NW., Suite 700,
under Executive Order 13211. September 10, 2005, suspend Washington, DC.
§ 165.162(c) and add § 165.162(d) to
Technical Standards read as follows: FOR FURTHER INFORMATION CONTACT: Julie
The National Technology Transfer A. Rose, EPA Region IX, (415) 947–
and Advancement Act (NTTAA) (15 § 165.162 Safety Zone; New York Super 4126, rose.julie@epa.gov.
U.S.C. 272 note) directs agencies to use Boat Race, Hudson River, New York.
SUPPLEMENTARY INFORMATION:
voluntary consensus standards in their * * * * *
regulatory activities unless the agency Table of Contents
(d) Effective Period. This section is in
provides Congress, through the Office of effect from 10 a.m. until 4 p.m. on I. Background
Management and Budget, with an A. State Implementation Plan History and
Saturday, September 10, 2005.
explanation of why using these Process
Dated: August 29, 2005. B. Content of Revised IBR Document
standards would be inconsistent with
Glenn A. Wiltshire, C. Revised Format of the ‘‘Identification of
applicable law or otherwise impractical. Plan’’ Section in Subpart DDD
Voluntary consensus standards are Captain, U.S. Coast Guard, Captain of the
D. Enforceability and Legal Effect
technical standards (e.g., specifications Port, New York.
E. Notice of Administrative Change
of materials, performance, design, or [FR Doc. 05–17832 Filed 9–8–05; 8:45 am] II. Public Comments
operation; test methods; sampling BILLING CODE 4910–15–P III. Statutory and Executive Order Reviews

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Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 53565

I. Background regulations submitted by each State occurred are accurately reflected in 40


agency. These regulations have all been CFR part 52. State SIP revisions are
A. State Implementation Plan History
approved by EPA through previous rule controlled by EPA regulations at 40 CFR
and Process
making actions in the Federal Register. part 51. When EPA receives a formal SIP
Each State is required to have a SIP The compilations are stored in hard revision request, the Agency must
that contains the control measures and covered folders and will be updated, publish the proposed revision in the
strategies that will be used to attain and usually on an annual basis. Federal Register and provide for public
maintain the national ambient air Each compilation contains two parts. comment before approval.
quality standards (NAAQS). The control Part 1 contains the regulations and Part
measures and strategies must be 2 contains nonregulatory provisions that II. Public Comments
formally adopted by each State after the have been EPA-approved. Each part EPA has determined that today’s rule
public has had an opportunity to consists of a table of identifying falls under the ‘‘good cause’’ exemption
comment on them. They are then information for each regulation and in section 553(b)(3)(B) of the
submitted to EPA as SIP revisions on each nonregulatory provision. The table Administrative Procedures Act (APA)
which EPA must formally act. of identifying information corresponds that, upon finding ‘‘good cause,’’
Once these control measures are to the table of contents published in 40 authorizes agencies to dispense with
approved by EPA after notice and CFR part 52 for each State and Territory. public participation; and section
comment, they are incorporated into the The Regional EPA Offices have the 553(d)(3), which allows an agency to
SIP and are identified in Part 52, primary responsibility for ensuring make a rule effective immediately
Approval and Promulgation of accuracy and updating the (thereby avoiding the 30-day delayed
Implementation Plans, Title 40 of the compilations. The Region IX EPA Office effective date otherwise provided for in
Code of Federal Regulations (40 CFR developed and will maintain the the APA). Today’s rule simply codifies
part 52). The actual State regulations compilation for the Territory of provisions that are already in effect as
that are approved by EPA are not American Samoa. A copy of the full text a matter of law in Federal and approved
reproduced in their entirety in 40 CFR of each State’s current compilation will State programs. Under section 553 of the
part 52, but are ‘‘incorporated by also be maintained at the Office of the APA, an agency may find good cause
reference,’’ which means that the Federal Register and EPA’s Air Docket where procedures are ‘‘impractical,
citation of a given State regulation with and Information Center. unnecessary, or contrary to the public
a specific effective date has been interest.’’ Public comment is
approved by EPA. This format allows C. Revised Format of the ‘‘Identification
‘‘unnecessary’’ and ‘‘contrary to the
both EPA and the public to know which of Plan’’ Section in Subpart DDD
public interest’’ since the codification
measures are contained in a given SIP In order to better serve the public, only reflects existing law. Immediate
and ensures that the State is enforcing EPA is revising the organization of the notice in the CFR benefits the public by
the regulations. It also allows EPA and ‘‘Identification of plan’’ section to removing outdated citations.
the public to take enforcement action include additional information that will
should a State not enforce its SIP- make it clearer as to what provisions III. Statutory and Executive Order
approved regulations. constitute the enforceable elements of Reviews
The SIP is a living document that the the SIP. A. General Requirements
State can revise as necessary to address The revised ‘‘Identification of plan’’
the unique air pollution problems in the section will contain five subsections: (a) Under Executive Order 12866 (58 FR
State. From time to time, therefore, EPA Purpose and scope, (b) Incorporation by 51735, October 4, 1993), this action is
must take action on SIP revisions reference, (c) EPA approved regulations, not a ‘‘significant regulatory action’’ and
containing new and/or revised (d) EPA approved source specific is therefore not subject to review by the
regulations as being part of the SIP. On permits, and (e) EPA approved Office of Management and Budget. This
May 22, 1997 (62 FR 27968), as a result nonregulatory provisions such as rule is not subject to Executive Order
of consultations between EPA and OFR, transportation control measures, 13211, ‘‘Actions Concerning Regulations
EPA revised the procedures for statutory provisions, control strategies, That Significantly Affect Energy Supply,
incorporating by reference federally- monitoring networks, etc. Distribution, or Use’’ (66 FR 28355, May
approved SIPs. EPA began the process 22, 2001) because it is not a significant
of developing (1) a revised SIP D. Enforceability and Legal Effect regulatory action under Executive Order
document for each State that would be All revisions to the applicable SIP 12866. Because the agency has made a
incorporated by reference under the become federally enforceable as of the ‘‘good cause’’ finding that this action is
provisions of 1 CFR part 51; (2) a effective date of the revisions to not subject to notice-and-comment
revised mechanism for announcing EPA paragraph (c), (d), or (e) of the requirements under the Administrative
approval of revisions to an applicable applicable ‘‘Identification of plan’’ Procedure Act or any other statute as
SIP and updating both the IBR found in each subpart of 40 CFR part 52. indicated in the Supplementary
document and the CFR, and (3) a To facilitate enforcement of previously Information section above, it is not
revised format of the ‘‘Identification of approved SIP provisions and provide a subject to the regulatory flexibility
plan’’ sections for each applicable smooth transition to the new SIP provisions of the Regulatory Flexibility
subpart to reflect these revised IBR processing system, EPA is retaining the Act (5 U.S.C 601 et seq.), or to sections
procedures. The description of the original ‘‘Identification of plan’’ section, 202 and 205 of the Unfunded Mandates
revised SIP document, IBR procedures, previously appearing in the CFR as the Reform Act of 1995 (UMRA) (Pub. L.
and ‘‘Identification of plan’’ format are first section of part 52 for subpart DDD, 104–4). In addition, this action does not
discussed in further detail in the May American Samoa. significantly or uniquely affect small
22, 1997, Federal Register document. governments or impose a significant
E. Notice of Administrative Change intergovernmental mandate, as
B. Content of Revised IBR Document Today’s rule constitutes a described in sections 203 and 204 of
The new SIP compilations contain the ‘‘housekeeping’’ exercise to ensure that UMRA. This rule also does not have a
Federally-approved portion of all revisions to State programs that have substantial direct effect on one or more

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53566 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations

Indian tribes, on the relationship makes a good cause finding that notice paragraph (a) are revised to read as
between the Federal Government and and public procedure is impracticable, follows:
Indian tribes, or on the distribution of unnecessary or contrary to the public
power and responsibilities between the interest. Today’s action simply codifies § 52.2823 Original identification of plan.
Federal Government and Indian tribes, provisions which are already in effect as (a) This section identified the original
as specified by Executive Order 13175 a matter of law in Federal and approved ‘‘Implementation Plan for Compliance
(65 FR 67249, November 9, 2000), nor State programs. 5 U.S.C. 808(2). As With the Ambient Air Quality Standards
will it have substantial direct effects on stated previously, EPA has made such a for the Territory of American Samoa’’
the States, on the relationship between good cause finding, including the and all revisions submitted by the
the National Government and the States, reasons therefore, and established an Territory of American Samoa that were
or on the distribution of power and effective September 9, 2005. EPA will federally approved prior to June 1, 2005.
responsibilities among the various submit a report containing this rule and * * * * *
levels of government, as specified in other required information to the U.S. ■ 3. A new § 52.2820 is added to read
Executive Order 13132 (64 FR 43255, Senate, the U.S. House of as follows:
August 10, 1999). This rule also is not Representatives, and the Comptroller
subject to Executive Order 13045 (62 FR General of the United States prior to § 52.2820 Identification of plan.
19885, April 23, 1997), because it is not publication of the rule in the Federal (a) Purpose and scope. This section
economically significant. This rule does Register. These corrections to the sets forth the applicable State
not involve technical standards; thus ‘‘Identification of plan’’ for the Territory implementation plan for American
the requirements of section 12(d) of the of American Samoa are not a ‘‘major Samoa under section 110 of the Clean
National Technology Transfer and rule’’ as defined by 5 U.S.C. 804(2). Air Act, 42 U.S.C. 7401–7671q and 40
Advancement Act of 1995 (15 U.S.C. CFR part 51 to meet national ambient air
272 note) do not apply. The rule also C. Petitions for Judicial Review
quality standards.
does not involve special consideration EPA has also determined that the
(b) Incorporation by reference.
of environmental justice related issues provisions of section 307(b)(1) of the
as required by Executive Order 12898 Clean Air Act pertaining to petitions for (1) Material listed in paragraphs (c)
(59 FR 7629, February 16, 1994). In judicial review are not applicable to this and (d) of this section with an EPA
issuing this rule, EPA has taken the action. Prior EPA rulemaking actions for approval date prior to June 1, 2005, was
necessary steps to eliminate drafting each individual component of the approved for incorporation by reference
errors and ambiguity, minimize Territory of American Samoa SIP by the Director of the Federal Register
potential litigation, and provide a clear compilation had previously afforded in accordance with 5 U.S.C. 552(a) and
legal standard for affected conduct, as interested parties the opportunity to file 1 CFR part 51. Material is incorporated
required by section 3 of Executive Order a petition for judicial review in the as it exists on the date of the approval,
12988 (61 FR 4729, February 7, 1996). United States Court of Appeals for the and notice of any change in the material
EPA has complied with Executive Order appropriate circuit within 60 days of will be published in the Federal
12630 (53 FR 8859, March 15, 1998) by such rulemaking action. Thus, EPA sees Register. Entries in paragraphs (c) and
examining the takings implications of no need in this action to reopen the 60- (d) of this section with EPA approval
the rule in accordance with the day period for filing such petitions for dates after June 1, 2005, will be
‘‘Attorney General’s Supplemental judicial review for these ‘‘Identification incorporated by reference in the next
Guidelines for the Evaluation of Risk of plan’’ reorganization actions for the update to the SIP compilation.
and Avoidance of Unanticipated Territory of American Samoa. (2) EPA Region IX certifies that the
Takings’’ issued under the executive rules/regulations provided by EPA in
List of Subjects in 40 CFR Part 52 the SIP compilation at the addresses in
order. This rule does not impose an
information collection burden under the Environmental protection, Air paragraph (b)(3) of this section are an
Paperwork Reduction Act of 1995 (44 pollution control, Carbon monoxide, exact duplicate of the officially
U.S.C. 3501 et seq.). EPA’s compliance Incorporation by reference, promulgated State rules/regulations
with these statutes and Executive Intergovernmental relations, Particulate which have been approved as part of the
Orders for the underlying rules are matter, Reporting and recordkeeping State implementation plan as of June 1,
discussed in previous actions taken on requirements, Sulfur oxides. 2005.
the State’s rules. (3) Copies of the materials
Dated: August 2, 2005.
incorporated by reference may be
B. Submission to Congress and the Keith Takata,
inspected at the Region IX EPA Office
Comptroller General Acting Regional Administrator, Region IX. at 75 Hawthorne Street, San Francisco,
The Congressional Review Act (5 ■ Part 52, chapter I, title 40 of the Code CA 94105; the Air and Radiation Docket
U.S.C. 801 et seq.), as added by the of Federal Regulations is amended as and Information Center, U.S.
Small Business Regulatory Enforcement follows: Environmental Protection Agency, 1301
Fairness Act of 1996, generally provides Constitution Avenue, NW., Room B108,
that before a rule may take effect, the PART 52—[AMENDED] Washington, DC; or the National
agency promulgating the rule must ■ 1. The authority citation for Part 52 Archives and Records Administration
submit a rule report, which includes a continues to read as follows: (NARA). For information on the
copy of the rule, to each House of the availability of this material at NARA,
Authority: 42 U.S.C. 7401 et seq.
Congress and to the Comptroller General call (202) 741–6030, or go to: http://
of the United States. Section 808 allows Subpart DDD—American Samoa www.archives.gov/federal_register/
the issuing agency to make a rule code_of_federal_regulations/
effective sooner than otherwise ■ 2. Section 52.2820 is redesignated as ibr_locations.html.
provided by the CRA if the agency § 52.2823 and the Section heading and (c) EPA approved regulations.

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Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 53567

TABLE 52.2820.—EPA APPROVED TERRITORY OF AMERICAN SAMOA REGULATIONS


Effective
State citation Title/subject EPA approval date Explanation
date

Air Pollution Control


Rules and Regula-
tions
Section 1.0 .................... Definitions (1.0.1—1.0.18) ................................. 06/08/1972 03/02/1976, 41 FR 8956
Section 1.1 .................... Approval of New Sources: Permit to Operate 06/08/1972 03/02/1976, 41 FR 8956
(1.1.1—1.1.14).
Section 1.2 .................... Source Monitoring, Record Keeping, and Re- 06/08/1972 03/02/1976, 41 FR 8956
porting (1.2.1—1.2.2).
Section 1.3 .................... Sampling and Testing Methods (1.3.1–1.3.2) ... 06/08/1972 03/02/1976, 41 FR 8956
Section 1.4 .................... Malfunction of Equipment; Reporting (1.4.1– 06/08/1972 03/02/1976, 41 FR 8956
1.4.2).
Section 1.5 .................... Prohibition of Air Pollution ................................. 06/08/1972 03/02/1976, 41 FR 8956
Section 1.6 .................... Compliance Schedule (1.6.1, Existing Sources) 06/08/1972 03/02/1976, 41 FR 8956
Section 1.7 .................... Circumvention .................................................... 06/08/1972 03/02/1976, 41 FR 8956
Section 1.8 .................... Severability ........................................................ 06/08/1972 03/02/1976, 41 FR 8956
Section 1.9 .................... Ambient Air Quality Standards (1.9.1–1.9.2) ..... 06/08/1972 03/02/1976, 41 FR 8956
Section 2.1 .................... Control of Open Burning .................................... 06/08/1972 03/02/1976, 41 FR 8956
Control of Particulate Emissions .......................
Section 3.1 .................... Visible Emissions (3.1.1–3.1.2) ......................... 06/08/1972 03/02/1976, 41 FR 8956
Section 3.2 .................... Fugitive Dust (3.2.1–3.2.3) ................................ 06/08/1972 03/02/1976, 41 FR 8956
Section 3.3 .................... Incineration (3.3.1–3.3.4) ................................... 06/08/1972 03/02/1976, 41 FR 8956
Section 3.4 .................... Fuel Burning Equipment (3.4.1–3.4.2) .............. 06/08/1972 03/02/1976, 41 FR 8956
Section 3.5 .................... Process Industries—General (3.5.1, 3.5.3– 06/08/1972 03/02/1976, 41 FR 8956
3.5.5).
Table 1 .......................... Particulate Emission Allowable Based on Proc- 06/08/1972 03/02/1976, 41 FR 8956
ess Weight.
Section 3.6 .................... Sampling Methods (3.6.1) ................................. 06/08/1972 03/02/1976, 41 FR 8956
Control of Sulfur Compound Emissions ............
Section 4.1 .................... Fuel Combustion (4.1.1) .................................... 06/08/1972 03/02/1976, 41 FR 8956

(d) EPA approved State source


specific requirements.

Effective
Name of source Permit No. EPA approval date Explanation
date

None

(e) [Reserved]. declaration certifies that existing CISWI EPA’s electronic public docket and
[FR Doc. 05–17931 Filed 9–8–05; 8:45 am]
units, subject to Clean Air Act (the Act) comment system, is EPA’s preferred
requirements of sections 111(d) and 129 method for receiving comments. Follow
BILLING CODE 6560–50–P
and related emission guidelines (EG), the online instructions for submitting
have been permanently shut down and comments.
ENVIRONMENTAL PROTECTION have been dismantled in the State of C. E-mail: http://wilkie.walter@
AGENCY Maryland. epa.gov
D. Mail: RO3–OAR–2005–MD–0008,
DATES: This rule is effective November Walter Wilkie, Chief, Air Quality
40 CFR Part 62 8, 2005 without further notice, unless Analysis, Mailcode 3AP22, U.S.
[RO3–OAR–2005–MD–0008; FRL –7966–7] EPA receives adverse written comment Environmental Protection Agency,
by October 11, 2005. If EPA receives Region III, 1650 Arch Street,
Approval and Promulgation of State such comments, it will publish a timely Philadelphia, Pennsylvania 19103.
Air Quality Plans for Designated withdrawal of the direct final rule in the E. Hand Delivery: At the previously-
Facilities and Pollutants; Maryland; Federal Register and inform the public listed EPA Region III address. Such
Control of Emissions From that the rule will not take effect. deliveries are only accepted during the
Commercial and Industrial Solid Waste ADDRESSES: Submit your comments, Docket’s normal hours of operation, and
Incineration (CISWI) Units identified by Regional Material in special arrangements should be made
AGENCY: Environmental Protection EDocket (RME) ID Number RO3–OAR– for deliveries of boxed information.
Agency (EPA). 2005–MD–0008 by one of the following Instructions: Direct your comments to
ACTION: Direct final rule. methods: RME ID No. RO3–OAR–2005–MD–0008.
A. Federal eRulemaking Portal: EPA’s policy is that all comments
SUMMARY: EPA is taking direct final http://www.regulations.gov. Follow the received will be included in the public
action to approve the May 12, 2005 on-line instructions for submitting docket without change, and may be
negative declaration letter submitted by comments. made available online at http://
the Maryland Department of the B. Agency Web site: http:// www.docket.epa.gov/rmepub/,
Environment (MDE). The negative www.docket.epa.gov/rmepub/ RME, including any personal information

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