[Federal Register Volume 71, Number 26 (Wednesday, February 8, 2006)]
[Rules and Regulations]
[Pages 6352-6356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2005-AZ-0006; FRL-8029-2]


Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; State of Arizona; Finding of 
Attainment for Ajo Particulate Matter of 10 Microns or Less 
(PM10) Nonattainment Area; Determination Regarding 
Applicability of Certain Clean Air Act Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to determine that the Ajo 
moderate PM10 nonattainment area in Arizona has attained the 
National Ambient Air Quality Standards (NAAQS) for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM10). This determination is based upon 
monitored air quality data for the PM10 NAAQS during the 
years 2002-2004. EPA also finds that the Ajo area has continued to 
attain the PM10 NAAQS since 2004. Based on this 
determination, EPA is also determining that certain Clean Air Act 
requirements are not applicable for so long as the Ajo area continues 
to attain the PM10 NAAQS.

DATES: This direct final rule is effective on April 10, 2006 without 
further notice, unless EPA receives adverse comment by March 10, 2006. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2005-AZ-0006 by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (415) 947-3579 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Wienke Tax, Office of Air Planning, Environmental 
Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 Hawthorne Street, 
San Francisco, California 94105-3901.
     Hand Delivery: Wienke Tax, Office of Air Planning, 
Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 
Hawthorne Street, San Francisco, California 94105-3901. Such deliveries 
are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding 
federal holidays. Special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2005-AZ-0006. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA, without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to Section I. General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at

[[Page 6353]]

the Office of Air Planning, Environmental Protection Agency (EPA), 
Region 9, Mailcode AIR-2, 75 Hawthorne Street, San Francisco, 
California 94105-3901. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Office of Air Planning, 
Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 
Hawthorne Street, San Francisco, California 94105-3901, (520) 622-1622, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
    A. What National Ambient Air Quality Standards (NAAQS) Are 
Considered in Today's Finding?
    B. What Is the Designation and Classification of This 
PM10 Nonattainment Area?
    C. How Do We Make Attainment Determinations?
II. What Is the Basis for EPA's Determination That the Ajo Area Has 
Attained the PM10 NAAQS?
III. What Are the Applicable Planning Requirements for the Ajo Area 
as a Result of EPA's Attainment Determination?
IV. EPA's Final Action
V. Statutory And Executive Order Reviews

I. Background

A. What National Ambient Air Quality Standards (NAAQS) Are Considered 
in Today's Finding?

    The NAAQS are safety thresholds for certain ambient air pollutants 
set by EPA to protect public health and welfare. Particulate matter 
with an aerodynamic diameter of less than or equal to 10 micrometers, 
or PM10, is the subject of this action. PM10 is 
among the ambient air pollutants for which EPA has established health-
based standards.
    PM10 causes adverse health effects by penetrating deep 
in the lungs, aggravating the cardiopulmonary system. Children, the 
elderly, and people with asthma and heart conditions are the most 
vulnerable.
    On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for 
particulate matter with an indicator that includes only those particles 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers. (See 40 CFR 50.6). The 24-hour primary PM10 
standard is 150 micrograms per cubic meter ([mu]g/m3) with 
no more than one expected exceedance per year. The annual primary 
PM10 standard is 50 [mu]g/m3 as an annual 
arithmetic mean. The secondary PM10 standards, promulgated 
to protect against adverse welfare effects, are identical to the 
primary standards.

B. What Is the Designation and Classification of This PM10 
Nonattainment Area?

    Upon enactment of the 1990 Clean Air Act Amendments (CAA or the 
Act), PM10 areas meeting the requirements of either (i) or 
(ii) of section 107(d)(4)(B) of the Act were designated nonattainment 
for PM10 by operation of law and classified ``moderate.'' 
These areas included all former Group I PM10 planning areas 
identified in 52 FR 29383 (August 7, 1987) and further clarified in 55 
FR 45799 (October 31, 1990), and any other areas violating the NAAQS 
for PM10 prior to January 1, 1989 (many of these areas were 
identified by footnote 4 in the October 31, 1990 Federal Register 
document). A Federal Register notice announcing the areas designated 
nonattainment for PM10 upon enactment of the 1990 
Amendments, known as ``initial'' PM10 nonattainment areas, 
was published on March 15, 1991 (56 FR 11101). A subsequent Federal 
Register document correcting some of these areas was published on 
August 8, 1991 (56 FR 37654). These nonattainment designations and 
moderate area classifications were codified in 40 CFR part 81 in a 
Federal Register document published on November 6, 1991 (56 FR 56694). 
All other areas in the nation not designated nonattainment at enactment 
were designated unclassifiable (see section 107(d)(4)(B)(iii) of the 
Act).
    Ajo, Arizona was among the areas listed in the March 15, 1991 
Federal Register action (see 56 FR at 11103) as meeting the 
requirements of either (i) or (ii) of section 107(d)(4)(B) of the Act 
and was designated nonattainment for PM10 by operation of 
law and classified ``moderate.'' In accordance with section 189(a)(2) 
of the CAA, Arizona was to submit a state implementation plan (SIP) by 
November 15, 1991 demonstrating attainment of the PM10 
standards by December 31, 1994 for the Ajo area.\1\
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    \1\ Arizona submitted a moderate area plan for the Ajo area on 
November 14, 1991 but EPA has not taken action on it.
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C. How Do We Make Attainment Determinations?

    Pursuant to sections 179(c) and 188(b)(2) of the Act, we have the 
responsibility of determining within six months of the applicable 
attainment date whether, based on air quality data, PM10 
nonattainment areas attained the NAAQS by that date. Determinations 
under section 179(c)(1) of the Act are to be based upon an area's ``air 
quality as of the attainment date.'' Section 188(b)(2) is consistent 
with this requirement.
    Generally, we will determine whether an area's air quality is 
meeting the PM10 NAAQS for purposes of section 179(c)(1) and 
188(b)(2) based upon data gathered at established state and local air 
monitoring stations (SLAMS) and national air monitoring sites (NAMS) in 
the nonattainment area and entered into the EPA's Air Quality System 
(AQS) database. Data entered into the AQS has been determined to meet 
federal monitoring requirements (see 40 CFR 50.6; 40 CFR part 50, 
appendix J; 40 CFR part 53; 40 CFR part 58, appendices A and B) and may 
be used to determine the attainment status of areas. We will also 
consider air quality data from other air monitoring stations in the 
nonattainment area provided that the stations meet the federal 
monitoring requirements for SLAMS. All data are reviewed to determine 
the area's air quality status in accordance with our guidance at 40 CFR 
part 50, appendix K.
    Attainment of the annual PM10 standard is achieved when 
the annual arithmetic mean PM10 concentration over a three-
year period is equal to or less than 50 [mu]g/m3. Attainment 
of the 24-hour standard is determined by calculating the expected 
number of days in a year with PM10 concentrations greater 
than 150 [mu]g/m3. The 24-hour standard is attained when the 
expected number of days with levels above 150 [mu]g/m3 
(averaged over a three-year period) is less than or equal to one. Three 
consecutive years of air quality data are generally necessary to show 
attainment of the 24-hour and annual standards for PM10. See 
40 CFR part 50 and appendix K. A complete year of air quality data, as 
referred to in 40 CFR part 50, appendix K, is comprised of all four 
calendar quarters with each quarter containing data from at least 75 
percent of the scheduled sampling days.

II. What Is the Basis for EPA's Determination That the Ajo Area Has 
Attained the PM10 NAAQS?

    The Ajo PM10 nonattainment area is located in western 
Pima County in southern Arizona. The town of Ajo is

[[Page 6354]]

located approximately in the center of this 47 square mile 
nonattainment area. Ajo is one of several early settlements in Arizona 
in which mining and copper smelting was of prominent importance. When 
the New Cornelia mine, operated by Phelps Dodge, closed in 1986, the 
population of the Ajo area significantly declined. More recent growth 
in the Ajo area may be attributed to additional employers in the local 
economy, as well as retirees moving into the area. Employment is mainly 
in the commercial, service, and tourism sectors.
    Ajo has one SLAMS monitor operated by the Arizona Department of 
Environmental Quality (ADEQ). Table 1 summarizes the one-in-six day 
PM10 data collected from 2002-2004. We deemed the data from 
this site valid and the data has been submitted by the ADEQ to be 
included in AQS.

Table 1.--Summary of 24 Hour and Annual PM10 Concentrations ([mu]g/m\3\)
                           for Ajo, 2002-2004
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                                                           Year
                                                 -----------------------
                                                   2002    2003    2004
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Maximum 24 hour concentration...................    50     139      43
Annual average..................................    18.7    22.7    19.3
                                                 ---------
3-year annual average...........................            21
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    The PM10 concentrations reported at the Ajo monitoring 
site showed no measured exceedances of the 24-hour PM10 
NAAQS between 2002 and 2004, or since 2004.\2\ Thus, the three-year 
average was less than 1.0, which indicates Ajo has attained the 24-hour 
PM10 NAAQS.
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    \2\ We have received AQS data from ADEQ through September 30, 
2005 and the Ajo nonattainment area continues to attain both 
PM10 standards. States are required to report data to the 
AIRS AQS on a rolling basis and have until 90 days from the end of a 
given quarter to submit quality-assured monitoring data into AQS. 
See 40 CFR 58.28.
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    Review of the annual standard for calendar years 2002, 2003, and 
2004 reveals that Ajo also attained the annual PM10 NAAQS. 
There was no violation of the annual standard for the three-year period 
from 2002 through 2004, or since 2004. See footnote 2.

III. What Are the Applicable Planning Requirements for the Ajo Area as 
a Result of EPA's Attainment Determination?

    The air quality planning requirements for moderate PM10 
nonattainment areas are set out in subparts 1 and 4 of title I of the 
Act. We have issued guidance in a General Preamble \3\ describing our 
views on how we will review SIPs and SIP revisions submitted under 
title I of the Act, including those containing moderate PM10 
nonattainment area SIP provisions. The General Preamble provides a 
detailed discussion of our interpretation of the title I requirements.
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    \3\ ``General Preamble for the Implementation of Title I of the 
Clean Air Act Amendments of 1990'' (57 FR 13498, April 16, 1992, as 
supplemented 57 FR 18070, April 28, 1992).
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    In nonattainment areas where monitored data demonstrates that the 
NAAQS have already been achieved, EPA has determined that certain 
requirements of part D, subparts 1 and 2 of the Act do not apply. 
Therefore we do not require certain submissions for an area that has 
attained the NAAQS. These include reasonable further progress (RFP) 
requirements, attainment demonstrations, and contingency measures, 
because these provisions have the purpose of helping achieve attainment 
of the NAAQS.
    This interpretation of the CAA is known as the Clean Data Policy 
and is the subject of two EPA memoranda. EPA also finalized the 
statutory interpretation set forth in the policy in a final rule, 40 
CFR 51.918, as part of its ``Final Rule to Implement the 8-hour Ozone 
National Ambient Air Quality Standard--Phase 2'' (Phase 2 Final Rule). 
See discussion in the preamble to the rule at 70 FR 71612, 71645-71646 
(November 29, 2005). EPA believes that the legal bases set forth in 
detail in our Phase 2 Final rule, our May 10, 1995 memorandum from John 
S. Seitz, entitled ``Reasonable Further Progress, Attainment 
Demonstration, and Related Requirements for Ozone Nonattainment Areas 
Meeting the Ozone National Ambient Air Quality Standard,'' and our 
December 14, 2004 memorandum from Stephen D. Page entitled ``Clean Data 
Policy for the Fine Particle National Ambient Air Quality Standards'' 
are equally pertinent to the interpretation of provisions of subparts 1 
and 4 applicable to PM10. Our interpretation that an area 
that is attaining the standards is relieved of obligations to 
demonstrate RFP and to provide an attainment demonstration and 
contingency measures pursuant to part D of the CAA, pertains whether 
the standard is PM10, ozone or PM2.5.\4\
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    \4\ Three U.S. Circuit Courts of Appeals have upheld EPA 
rulemakings applying its interpretation of subparts 1 and 2 with 
respect to ozone. Sierra Club v. EPA, 99F.3d 1551 (10th Cir. 1996); 
Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004); Our Children's 
Earth Foundation v. EPA, N. 04-73032 (9th Cir. June 28, 2005) 
(memorandum opinion).
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    It has been EPA's longstanding interpretation that the general 
provisions of part D, subpart 1 of the Act (sections 171 and 172) do 
not require the submission of SIP revisions concerning RFP for areas 
already attaining the ozone NAAQS because the stated purpose of RFP is 
to ensure attainment by the applicable date. 57 FR at 13564. EPA 
believes the same reasoning applies to the PM10 provisions 
of part D, subpart 4. Section 189(c)(1), applicable to PM10 
nonattainment areas, states that revisions shall contain milestones 
which are to be achieved until the area is redesignated to attainment, 
and such milestones are designed to show reasonable further progress 
``toward attainment by the applicable date'', as defined by section 
171. Thus it is clear that once the area has attained the standard, no 
further milestones are necessary or meaningful.
    With respect to the attainment demonstration requirements of 
section 189(a)(1)(B), an analogous rationale leads to the same result. 
Section 189(a)(1)(B) requires that the plan provide for ``a 
demonstration (including air quality modeling) that the [SIP] will 
provide for attainment by the applicable attainment date. * * *'' As 
with the RFP requirements, if an area is already monitoring attainment 
of the standards, EPA believes there is no need for an area to make a 
further submission containing additional measures to achieve 
attainment. This is also consistent with the interpretation of the 
section 172(c) requirements provided by EPA in the General Preamble (57 
FR at 13564), the December 14, 2004 memorandum and of the section 
182(b) and (c) requirements set forth in the May 10, 1995 memorandum.
    Other SIP submission requirements are linked with these attainment 
demonstration and RFP requirements, and similar reasoning applies to 
them. These requirements include the contingency measure requirements 
of section 172(c)(9) and 182(c)(9). We have interpreted the contingency 
measure requirements of section 172(c)(9) and 182(c)(9) as no longer 
applying when an area has attained the standard, because those 
``contingency measures are directed at ensuring RFP and attainment by 
the applicable date.'' (57 FR at 13564; May 10, 1995 memorandum at 5-
6.)
    Both Sections 172(c) and 189(a)(1)(C) require ``provisions to 
assure that reasonably available control measures'' (RACM) are 
implemented in a nonattainment area. However, the Ajo area was able to 
attain the PM10 NAAQS without any additional measures being 
implemented. The General Preamble, 57 FR at 13560, states that EPA 
interprets section 172(c)(1) so that RACM requirements are a 
``component'' of an area's attainment demonstration. Thus,

[[Page 6355]]

for the same reason the attainment demonstration no longer applies by 
its own terms, the requirement for RACM no longer applies.
    Here, as in both our Phase 2 final rule and ozone and 
PM2.5 clean data memoranda, we emphasize that the suspension 
of a requirement to submit SIP revisions concerning these RFP, 
attainment demonstration, RACM, and other related requirements exists 
only for as long as a nonattainment area continues to monitor 
attainment of the standard. If such an area experiences a violation of 
the NAAQS, the basis for the requirements being suspended would no 
longer exist. Therefore, should EPA at some future time determine that 
an area that had clean data, but which has not yet been redesignated as 
attainment for a NAAQS has violated the relevant standard, the area 
would again be required to submit the pertinent CAA requirements for 
the area.\5\
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    \5\ Note, however, that on December 20, 2005, EPA proposed 
revisions to the NAAQS for particulate matter. See 71 FR 2620, 
January 17, 2006. The proposed revisions address two categories of 
particulate matter: Fine particles which are particles 2.5 
micrometers in diameter and smaller; and ``inhalable coarse'' 
particles which are particles between 2.5 and 10 micrometers 
(PM10-2.5). Upon finalization of a primary 24-hour 
standard for PM10-2.5, EPA proposes to revoke the current 
24-hour PM10 standard in all areas of the country except 
in areas where there is at least one monitor located in an urbanized 
area (as defined by the U.S. Bureau of the Census) with a minimum 
population of 100,000 that violates the current 24-hour 
PM10 standard based on the most recent three years of 
data. In addition, EPA proposes to revoke the current annual 
PM10 standard upon finalization of a primary 24-hour 
standard for PM10-2.5.
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IV. EPA's Final Action

    Based on quality-assured data meeting the requirements of 40 CFR 
part 50, appendix K, we find that the Ajo, Arizona nonattainment area 
has attained the PM10 NAAQS. This action is not a 
redesignation to attainment under CAA section 107(d)(3) because we have 
not yet approved a maintenance plan as required under section 175(A) of 
the CAA or determined that the area has met the other CAA requirements 
for redesignation. The classification and designation status in 40 CFR 
part 81 will remain moderate nonattainment for this area until such 
time as Arizona meets the CAA requirements for redesignation of the Ajo 
area to attainment. See footnote 5.
    EPA also finds that, because the Ajo area has continued to attain 
the NAAQS, the following CAA requirements no longer apply: The part D, 
subpart 4 obligations to provide an attainment demonstration pursuant 
to section 189(a)(1)(B), the RACM provisions of 189(a)(1)(c), the RFP 
provisions established by section 189(c)(1), and the attainment 
demonstration, RACM, RFP and contingency measure provisions of part D, 
subpart 1 contained in section 172 of the Act.
    We are publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal should adverse comments be filed. This 
action will be effective April 10, 2006, without further notice unless 
the EPA receives relevant adverse comments by March 10, 2006.
    If we receive such comments, then we will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. We will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on April 10, 2006, and no 
further action will be taken on the proposed rule.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, 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 makes a determination based on air quality data and does not 
impose any additional requirements. 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 does not impose any 
additional enforceable duty, 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 97249, 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 makes a determination 
based on air quality data and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. 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.
    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. 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. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 10, 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).)

[[Page 6356]]

List of Subjects in 40 CFR Parts 52 and 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas, Intergovernmental relations, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: January 24, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. 06-1174 Filed 2-7-06; 8:45 am]
BILLING CODE 6560-50-P