60962 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federally 

recognized Indian tribes and have 

determined that there are no effects. The 

Bureau of Indian Affairs is a 

participating agency in this rulemaking. 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. This Executive 

Order requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. As this rule 

is not a significant regulatory action 

under Executive Order 13211, affecting 

energy supply, distribution, or use, this 

action is not a significant action and no 

Statement of Energy Effects is required. 

Drafting Information 

William Knauer drafted these 

regulations under the guidance of 

Thomas H. Boyd of the Office of 

Subsistence Management, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service, Anchorage, Alaska. Taylor 

Brelsford, Alaska State Office, Bureau of 

Land Management; Greg Bos, Carl Jack, 

and Rod Simmons, Alaska Regional 

Office, U.S. Fish and Wildlife Service; 

Sandy Rabinowitch and Bob Gerhard, 

Alaska Regional Office, National Park 

Service; Warren Eastland and Dr. Glenn 

Chen, Alaska Regional Office, Bureau of 

Indian Affairs; and Steve Kessler, 

USDA-Forest Service, provided 

additional guidance.

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife.

■ For the reasons presented in the 

preamble, the Federal Subsistence Board 

amends Title 36, part 242, and Title 50, 

part 100, of the Code of Federal 

Regulations, as set forth below.

PART —SUBSISTENCE MANAGEMENT 

REGULATIONS FOR PUBLIC LANDS IN 

ALASKA [AMENDED]

■ 1. The authority citation for both 36 

CFR part 242 and 50 CFR part 100 

continues to read as follows:

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733.

§l.4 [Amended]

■ 2. In Subpart A of 36 CFR part 242 and 

50 CFR part 100, §l.4, the definition of 

‘‘Regulatory year’’ is removed.

■ 3. In Subpart B of 36 CFR part 242 and 

50 CFR part 100, §l.11(b)(1) is revised 

to read as follows:

§l.11 Regional advisory councils. 

(a) * * * 

(b) Establishment of Regional 

Councils; membership. (1) The 

Secretaries, based on Board 

recommendation, will establish the 

number of members for each Regional 

Council. To ensure that each Council 

represents a diversity of interests, the 

Board will strive to ensure that 70 

percent of the members represent 

subsistence interests within a region 

and 30 percent of the members 

represent commercial and sport 

interests within a region. The portion of 

membership that represents the 

commercial and sport interests shall 

include, where possible, at least one 

representative from the sport 

community and one representative from 

the commercial community. A Regional 

Council member must be a resident of 

the region in which he or she is 

appointed and must be knowledgeable 

about the region and subsistence uses of 

the public lands therein. The Board will 

accept nominations and make 

recommendations to the Secretaries for 

membership on the Regional Councils. 

In making their recommendations, the 

Board will identify the interest(s) the 

applicants propose to represent on the 

respective Regional Councils. The 

Secretary of the Interior with the 

concurrence of the Secretary of 

Agriculture will make the appointments 

to the Regional Councils.

* * * * *

■ 4. In Subpart D of 36 CFR part 242 and 

50 CFR part 100, §l.25(a) is amended by 

adding the definition ‘‘Regulatory year’’

immediately before the definition ‘‘Ring 

net’’ to read as follows:

§l.25 Subsistence taking of fish, wildlife, 

and shellfish: general regulations. 

(a) * * * 

Regulatory year means July 1 through 

June 30, except for fish and shellfish for 

which it means April 1 through March 

31.

* * * * *

Dated: September 20, 2004. 

Gale A Norton, 

Secretary of the Interior, Department of the 

Interior. 

Dated: September 30, 2004. 

Dennis E. Bschor, 

Regional Forester, USDA-Forest Service.

[FR Doc. 04–22820 Filed 10–13–04; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA 307–0464a; FRL–7818–6] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD) portion of 

the California State Implementation 

Plan (SIP). These revisions concern 

volatile organic compound (VOC) 

emissions from glass coating operations. 

We are approving a local rule that 

regulates these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act).

DATES: This rule is effective on 

December 13, 2004, without further 

notice, unless EPA receives adverse 

comments by November 15, 2004. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect.

ADDRESSES: Send comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901, 

or e-mail to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov.

You can inspect copies of the 

submitted SIP revision, EPA’s technical 

support document (TSD), and other 

materials relevant to this action at our 

Region IX office during normal business 

hours by appointment. You may also see 

copies of the submitted SIP revision by 

appointment at the following locations:

Air and Radiation Docket and 

Information Center, U.S. 

Environmental Protection Agency, 

Room B–102, 1301 Constitution 

Avenue, NW., (Mail Code 6102T), 

Washington, DC 20460.

Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 60963

California Air Resources Board, 

Stationary Source Division, Rule 

Evaluation Section, 1001 ‘‘I’’ Street, 

Sacramento, CA 95814. 

San Joaquin Valley APCD, 1990 E. 

Gettysburg, Fresno, CA 93726.

A copy of the rule may also be 

available via the Internet at http://

www.arb.ca.gov/drdb/drdbltxt.htm.

Please be advised that this is not an EPA 

website and may not contain the same 

version of the rule that was submitted 

to EPA.

FOR FURTHER INFORMATION CONTACT:

Francisco Do ́n ̃ ez, EPA Region IX, (415) 

972–3956, Donez.Francisco@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA.

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rule 

D. Public comment and final action 

III. Statutory and Executive Order Reviews

I. The State’s Submittal 

A. What Rule Did the State Submit? 

Table 1 lists the rule we are approving 

with the dates that it was adopted by the 

local air agency and submitted by the 

California Air Resources Board (CARB).

TABLE 1.—SUBMITTED RULE

Local agency Rule number Rule title Adopted Submitted 

SJVUAPCD ............................................................... 4610 Glass Coating Operations .................... 04/17/03 06/03/04 

On June 30, 2004, this rule submittal 

was found to meet the completeness 

criteria in 40 CFR Part 51 Appendix V, 

which must be met before formal EPA 

review. 

B. Are There Other Versions of This 

Rule? 

We approved a version of Rule 4610 

into the SIP on September 16, 2003 (see 

68 FR 54167). The SJVUAPCD adopted 

revisions to the SIP-approved version on 

April 17, 2003 and CARB submitted 

them to us on June 3, 2004. 

C. What Is the Purpose of the Submitted 

Rule Revisions? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires states to 

submit regulations that control VOC 

emissions. The submitted rule revisions 

delay by six months the implementation 

date for additional VOC emission 

reductions for mirror backing 

operations. This delay is to allow time 

for the single mirror coating operation 

in the district to implement a powder 

coating line to substitute for its previous 

high-VOC coating operation. Powder 

coat application reduces VOC emissions 

for the coating process from 63 tons per 

year to essentially zero. The TSD has 

more information about this rule. 

II. EPA’s Evaluation and Action 

A. How Is EPA Evaluating the Rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for major 

sources in nonattainment areas (see 

section 182(b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). The San Joaquin Valley 

Unified APCD regulates an ozone 

nonattainment area (see 40 CFR part 81), 

so Rule 4610 must fulfill RACT. 

Guidance and policy documents that 

we use to help evaluate specific 

enforceability and RACT requirements 

consistently include the following: 

1. Portions of the proposed post-1987 

ozone and carbon monoxide policy that 

concern RACT, 52 FR 45044, November 

24, 1987. 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook).

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

B. Does the Rule Meet the Evaluation 

Criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The submitted rule makes a 

minor revision to the SIP-approved Rule 

4610, which EPA determined to fulfill 

RACT. See 68 FR 54167 (September 16, 

2003) and the associated TSD. The 

submitted rule’s emission limits are 

consistent with other California air 

district rules regulating glass coating 

operations. The rule contains adequate 

record keeping and test methods 

provisions for monitoring the 

compliance of regulated facilities. The 

submitted rule grants a six month 

extension for the implementation of 

additional VOC emission reductions for 

mirror backing operations, but this short 

compliance delay does not interfere 

with RACT or with relevant attainment 

or reasonable further progress (RFP) 

requirements. The TSD has more 

information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

EPA has no recommended changes for 

future revisions of Rule 4610. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rule because we believe it 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rule. If we receive adverse 

comments by November 15, 2004, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

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 December 13, 

2004. This will incorporate this rule 

into the federally enforceable SIP. 

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 

60964 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 

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 

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. 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 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 December 13, 

2004. 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, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: September 10, 2004. 

Laura Yoshii, 

Acting Regional Administrator, Region IX.

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for Part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F—California

■ 2. Section 52.220 is amended by 

adding paragraph (c)(331) to read as 

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * * 

(331) New and amended regulations 

for the following APCDs were submitted 

on June 3, 2004, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4610 amended on April 17, 

2003.

* * * * *

[FR Doc. 04–22956 Filed 10–13–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7825–8] 

Florida: Final Authorization of State 

Hazardous Waste Management 

Program Revision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Florida has applied to EPA for 

Final authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. EPA is publishing this rule 

to authorize the changes without a prior 

proposal because we believe this action 

is not controversial and do not expect 

comments that oppose it. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the decision to authorize 

Florida’s changes to their hazardous 

waste program will take effect. If we get 

comments that oppose this action, we 

will publish a document in the Federal 

Register withdrawing this rule before it 

takes effect and a separate document in 

the proposed rules section of this 

Federal Register will serve as a proposal 

to authorize the changes.

DATES: This Final authorization will 

become effective on December 13, 2004, 

unless EPA receives adverse written 

comment by November 15, 2004. If EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect.

ADDRESSES: Send written comments to 

Audrey E. Baker, Florida Authorizations 

Coordinator, RCRA Programs Branch, 

Waste Management Division, U.S. 

Environmental Protection Agency, The 

Sam Nunn Federal Center, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303–

8960; (404) 562–8483. You may also email your comments to