Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62585

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. Section 804 

exempts from section 801 the following 

types of rules: (1) Rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of particular 

applicability establishing sourcespecific requirements for one named 

source.

C. Petitions for Judicial Review 

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 27, 

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 pertaining to 

RACT for National Fuel Gas Supply 

Corporation’s Roystone Compressor 

Station, located in Sheffield, Warren 

County, Pennsylvania, 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: September 23, 2004. 

Donald S. Welsh, 

Regional Administrator, Region III.

■ 40 CFR part 52 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 NN—Pennsylvania

■ 2. Section 52.2020 is amended by 

adding paragraph (c)(213)(i)(B)(1) to read 

as follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * * 

(213) * * * 

(i) * * * 

(A) * * * 

(B) * * * 

(1) National Fuel Gas Supply Corp., 

Roystone Compressor Station, Sheffield, 

Warren County, OP 62–141F, effective 

date April 1, 2003.

* * * * *

[FR Doc. 04–23951 Filed 10–26–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[PA203–4218a; FRL–7821–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC and NOX RACT 

Determinations for Two Individual 

Sources

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Pennsylvania’s State 

Implementation Plan (SIP). The 

revisions were submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

two major sources of volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) located in Pennsylvania. EPA is 

approving these revisions to establish 

RACT requirements in the SIP in 

accordance with the Clean Air Act 

(CAA).

DATES: This rule is effective on 

December 27, 2004 without further 

notice, unless EPA receives adverse 

written comment by November 26, 

2004. If EPA receives such comments, it 

will publish a timely withdrawal of the 

direct final rule in the Federal Register

and inform the public that the rule will 

not take effect.

ADDRESSES: Submit your comments, 

identified by PA203–4218 by one of the 

following methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: morris.makeba@epa.gov

C. Mail: Makeba Morris, Chief, Air 

Quality Planning Branch, Mailcode 

3AP21, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. PA203–4218. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change, 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 regulations.gov or email. The Federal 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 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. 

Copies of the documents relevant to 

this action are available for public 

inspection during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue, NW., Room B108, Washington, 

DC 20460; Pennsylvania Department of 

Environmental Protection, Bureau of Air 

Quality, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Betty Harris at (215) 814–2168 or via email at harris.betty@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to sections 182(b)(2) and 

182(f) of the CAA, the Commonwealth 

of Pennsylvania (the Commonwealth or 

62586 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

Pennsylvania) is required to establish 

and implement RACT for all major VOC 

and NOX sources. The major source size 

is determined by its location, the 

classification of that area, and whether 

it is located in the ozone transport 

region (OTR). Under section 184 of the 

CAA, RACT, as specified in sections 

182(b)(2) and 182(f) applies throughout 

the OTR. The entire Commonwealth is 

located within the OTR. Therefore, 

RACT is applicable statewide in 

Pennsylvania.

II. Summary of the SIP Revision 

On August 15, 2003, PADEP 

submitted formal revisions to its SIP to 

establish and impose case-by-case RACT 

for several major sources of VOC and 

NOX. This rulemaking pertains to two of 

those sources, namely, Tennessee Gas 

Pipeline Company (TGP), Station 321, 

located in Susquehanna County, 

Pennsylvania and Tennessee Gas 

Pipeline Company (TGP), Station 219, 

located in Mercer County, Pennsylvania. 

The RACT determinations and 

requirements are included in operating 

permits (OP) issued by PADEP. The 

RACT requirements imposed by PADEP 

and submitted to EPA for approval as 

SIP revisions are described in the 

following paragraphs. 

A. Tennessee Gas Pipeline Company 

(TGP) (Station 321) 

The TGP Company (Station 321) is in 

the business of transporting natural gas 

and operates an interstate pipeline 

system. In this instance, RACT has been 

established and imposed by PADEP in 

an operating permit. On August 15, 

2003, PADEP submitted operating 

permit No. OP–58–0001A to EPA as a 

SIP revision. This operating permit 

incorporates RACT determinations for 

three (3) Solar Centaur Recuperated 

natural gas-fired turbines, one (1) 

Waukesha backup generator, one (1) 

boiler, two (2) furnaces, and thirteen 

(13) heaters. The RACT provisions of 

Section 129.91 through 129.95 limit 

NOX emissions from each of the Solar 

Centaur Recuperater turbines. These 

units shall not exceed 140 ppmdv 

corrected at 15% oxygen. The NOX

emission limits apply at all times except 

during periods of start-up and shutdown, however the duration of start-up 

or shut-down shall not exceed one hour 

per occurrence. RACT requirements 

under 25 PA Code Section 129.93 (c)(1) 

for two furnaces, one boiler, and 

thirteen heaters shall be installation, 

maintenance, and operation in 

accordance with manufacturer’s 

specifications. These sources shall also 

be operated and maintained in 

accordance with good air pollution 

control practices. 

Under the presumptive RACT 

requirements 25 Pa. Code Section 

129.93(c)(5), the 228 brake horsepower 

backup generator shall not operate more 

than 500 hours in any consecutive 12 

month period. This source shall also be 

operated and maintained in accordance 

with good air pollution control 

practices. TGP shall perform semiannual NOX tests on the three Solar 

Centaur turbines using an PADEP 

approved portable exhaust gas analyzer. 

The results from these tests shall be 

used to demonstrate compliance with 

NOX emissions limits. The frequency of 

portable analyzer tests maybe altered by 

PADEP based on the test results and 

reserve the rights to require stack tests 

in accordance with EPA reference 

methods should the data from the 

portable analyzer warrant. 

TGP shall maintain records in 

accordance with the recordkeeping 

requirements of 25 PA Code Section 

129.95 which shall include: (a) The 

number of hours per calendar year and 

(b) the amount of fuel used per calendar 

year in each of the sources identified in 

the operating permit. These records 

shall be retained for a minimum of 2 

years and shall be made available to 

PADEP upon request. 

B. Tennessee Gas Pipeline Company 

(TGP) (Station 219) 

The TGP Company (Station 219) 

operates a natural gas transmission 

pipeline which transports and 

distributes gas throughout the area. In 

this instance, RACT has been 

established and imposed by PADEP in 

an operating permit. On August 15, 

2003, PADEP submitted operating 

permit No. OP–43–0272 to EPA as a SIP 

revision. This operating permit 

incorporates RACT determinations for 

fourteen (14) Cooper-Bessemer engines, 

four (4) heaters, one (1) boiler, one (1) 

office and utility furnace and three (3) 

auxiliary engines. NOX emissions from 

each of the following Cooper-Bessemer 

engines shall not exceed the following: 

Six GMV–IOTF 31.6 lb/hr., Two GMV–

IOTFS 11.9 lb/hr., Five GMVA–10 33.3 

lb/hr., One 16V–250 48.5 lb/hr. The 6 

Cooper-Bessemer GMV–IOTF engines 

shall be set and maintained with an 

ignition timing of 6 degrees before top 

dead center, which corresponds to a 3 

degree retard from a standard ignition 

timing of 9 degrees before top dead 

center. The 5 Cooper-Bessemer GMV10 

engines shall be set and maintained 

with an ignition timing of 8 degrees 

before top dead center, which 

corresponds to a 4 degree retard from a 

standard ignition timing of 12 degrees 

before top dead center. These engines 

shall also be operated and maintained in 

accordance with good air pollution 

control practices. RACT requirements 

under 25 PA Code Section 129.93 (c)(1), 

1 boiler, 4 furnaces and heaters shall be 

installation, maintenance, and operation 

in accordance with manufacturer’s 

specifications. These sources shall also 

be operated and maintained in 

accordance with good air pollution 

control practices. RACT requirements 

under 25 PA Code Section 129.93 (c) (3), 

for 3 auxiliary engines shall be set and 

maintained at 4 degree retarded before 

top dead center relative to standard 

ignition timing. These engines shall be 

maintained and operated in accordance 

with manufacturer’s specifications and 

with good air pollution control 

practices. Rules and Regulations under 

PADEP RACT provisions of Section 

129.91 through 129.95, volatile organic 

compounds (VOC) emissions from one 

16–V250 Cooper-Bessemer engine shall 

not exceed 6 lbs per hour and 26.3 tons 

per year calculated on a 12-month 

rolling basis. The VOC RACT for all 

sources shall be operated and 

maintained in accordance with good air 

pollution control practices. TGP (Station 

219) shall perform semi-annual NOX

tests on all 14 Cooper-Bessemer engines 

using PADEP approved portable exhaust 

gas analyzer. The results from these 

tests shall be used to demonstrate 

compliance with NOX emissions limits.

III. EPA’s Evaluation of the SIP 

Revisions 

EPA is approving the operating 

permits issued to the two Tennessee Gas 

Pipeline Companys’ by PADEP as 

described in Section II. EPA is 

approving them as SIP revisions because 

the Commonwealth established and 

imposed requirements in accordance 

with the criteria set forth in SIPapproved regulations for imposing 

RACT or for limiting a source’s potential 

to emit. The Commonwealth has also 

imposed record-keeping, monitoring, 

and testing requirements on these 

sources sufficient to determine 

compliance with these requirements. 

IV. Final Action 

EPA is approving revisions to the 

Commonwealth of Pennsylvania’s SIP 

which establish and require RACT for 

these two major sources of VOC and 

NOX: (1) Tennessee Gas Pipeline 

Company, Station 321, located in 

Susquehanna County, Pennsylvania 

(OP–58–0001A); (2) Tennessee Gas 

Pipeline Company, Station 219, located 

in Mercer County, Pennsylvania (OP–

43–0272). EPA is publishing this rule 

without prior proposal because we view 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62587

this as a noncontroversial amendment 

and anticipate no adverse comment. 

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This direct final rule will be 

effective on December 27, 2004 without 

further notice unless we receive adverse 

comment by November 26, 2004. If EPA 

receives adverse comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). This rule also does not 

have tribal implications because it will 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

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.).

B. Submission to Congress and the 

Comptroller General 

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. Section 804 

exempts from section 801 the following 

types of rules: (1) Rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of particular 

applicability establishing sourcespecific requirements for two named 

sources. 

C. Petitions for Judicial Review 

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 27, 

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 approving the 

Commonwealth’s source-specific RACT 

requirements to control NOX and VOC 

from two individual sources 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, Nitrogen dioxide, Ozone, 

Volatile organic compounds, Reporting 

and recordkeeping requirements.

Dated: September 22, 2004. 

Thomas Voltaggio, 

Acting Regional Administrator, Region III.

■ 40 CFR part 52 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 NN—Pennsylvania

■ 2. Section 52.2020 is amended by 

adding paragraph (c)(218) to read as 

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * * 

(218) Revisions pertaining to VOC and 

NOX RACT for Tennessee Gas Pipeline 

Company, Station 321, located in 

Susquehanna County, Pennsylvania; 

and Tennessee Gas Pipeline Company, 

Station 219, located in Mercer County, 

Pennsylvania submitted by the 

Secretary of the Pennsylvania 

Department of Environmental Protection 

on August 15, 2003. 

(i) Incorporation by reference. 

(A) Letter submitted on August 15, 

2003 by the Pennsylvania Department of 

Environmental Protection transmitting 

source-specific VOC and/or NOX RACT 

62588 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

determinations, in the form of operating 

permits: 

(B) Operating permit (OP): 

(1) Tennessee Gas Pipeline Company, 

Station 321, Susquehanna County, OP–

58–0001A, effective date April 16, 1999. 

(2) Tennessee Gas Pipeline Company, 

Station 219, Mercer County, OP–43–

0272, effective date April 7, 1998. 

(ii) Additional Material—Additional 

materials submitted by the 

Commonwealth of Pennsylvania in 

support of and pertaining to the RACT 

determinations for the sources listed in 

paragraph (c)(218)(i) of this section.

[FR Doc. 04–23940 Filed 10–26–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA284–0462; FRL–7811–2] 

Revisions to the California State 

Implementation Plan, Bay Area Air 

Quality Management District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing approval of 

revisions to the Bay Area Air Quality 

Management District portion of the 

California State Implementation Plan 

(SIP). These revisions were proposed in 

the Federal Register on October 20, 

2003 and concern volatile organic 

compound (VOC) emissions from 

solvents and surface cleaning operations 

when coating large appliances, metal 

furniture, and miscellaneous metal 

parts. We are approving local rules that 

regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act).

DATES: This rule is effective on 

November 26, 2004.

ADDRESSES: You can inspect copies of 

the administrative record for this action 

at EPA’s Region IX office during normal 

business hours by appointment. You 

can inspect copies of the submitted SIP 

revisions by appointment at the 

following locations:

Environmental Protection Agency, Region IX, 

75 Hawthorne Street, San Francisco, CA 

94105–3901

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

California Air Resources Board, Stationary 

Source Division, Rule Evaluation Section, 

1001 ‘‘I’’ Street, Sacramento, CA 95814 

and, 

Bay Area Air Quality Management District, 

939 Ellis Street, San Francisco, CA 94109.

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:

Jerald S. Wamsley, EPA Region IX, at 

(415) 947–4111, or via email at 

wamsley.jerry@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On October 30, 2003 (68 FR 61782), 

EPA proposed to approve the following 

rules into the California SIP.

Local agency Rule # Rule title Adopted Submitted 

BAAQMD ...................................... 8–14 Surface Preparation and Coating of Large Appliances and Metal 

Furniture.

10/16/02 04/01/03 

BAAQMD ...................................... 8–19 Surface Preparation and Coating of Miscellaneous Metal Parts and 

Products.

10/16/02 04/01/03 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30-

day public comment period. During this 

period, we received comments from the 

following parties. 

1. Adrienne Bloch, Communities for a 

Better Environment (CBE); letter and 

electronic mail dated November 21, 

2003. 

2. Marc Chytilo, Transportation 

Solutions Defense and Education Fund 

(TRANSDEF); co-signee same letter 

referenced above. The comments and 

our responses are summarized below. 

Comment: EPA should disapprove or 

defer action on BAAQMD Rules 8–14 

and 8–19 because on July 23, 2003 a 

State Court ruled that the BAAQMD did 

not follow mandated state law in 

adopting the 2001 SIP stationary source 

control measure SS–13 (Rules 8–14 and 

8–19 in a different form). The State 

Court found that the BAAQMD’s initial 

study and negative declarations under 

the California Environmental Quality 

Act (CEQA) for the 2001 Ozone 

Attainment Plan (OAP), including SS–

13, were inadequate. Given that the 

BAAQMD has not met CEQA’s 

substantive and procedural 

requirements, the commenters assert 

that the BAAQMD has neither legal 

authority to adopt Rules 8–14 and 8–19, 

nor sufficient procedural evidence that 

they have followed State law in 

adopting and submitting Rules 8–14 and 

8–19. Consequently, EPA should reject 

the rule revisions concerning Rules 8–

14 and 8–19 because they violate the 

Clean Air Act (CAA) at Section 

110(a)(2)(E) and EPA regulations at 40 

Code of Federal Regulations (CFR), Part 

51, Appendix V.

The CAA Section 110(a)(2)(E) does 

not allow EPA to approve a SIP revision 

unless the State can assure that it has 

authority under state and local law to 

carry out the SIP revision. CFR 40 Part 

51, Appendix V requires that a State 

provide evidence of legal authority to 

adopt a SIP revision and show that the 

State followed all of its procedural 

requirements. 

EPA Response: In subsequent actions, 

BAAQMD and the commenters, CBE 

and TRANSDEF, appealed the July 23, 

2003 State Court decision. In April 

2004, BAAQMD, CBE, and TRANSDEF 

entered into a settlement agreement that 

vacated the July 23, 2003 State Court 

judgement. As a part of the settlement, 

CBE and TRANSDEF agreed to dismiss 

their lawsuit against BAAQMD that 

challenged the 2001 OAP on CEQA and 

other grounds and relinquish all claims 

associated with the lawsuit. 

Consequently, we are left with no 

substantive basis requiring that we 

adjudicate CBE and TRANSDEF’s claim 

that we should not act on Rules 8–14 

and 8–19 as submitted. 

However, it should be noted that as 

part of BAAQMD’s September 2002 

adoption action on Rules 8–14 and 8–

19, the district published its ‘‘Initial 

Study/Negative Declaration for 

Amendments to the BAAQMD 

Regulation 8, Rules 4, 14, 19, 31, and 43 

(Surface Coating Rules.)’’ This