Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63069

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattaintment area 

State approval/submittal date 

EPA approval 

date Comments 

*******

Memorandum of Agreement between Texas Council on Environmental Quality and the North Central Texas Council of 

Governments Providing Emissions Offsets to Dallas Forth 

Worth International Airport.

Dallas-Fort Worth .................... 01/14/04 10/29/04 

[FR Doc. 04–24127 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52

[R05–OAR–2004–IN–0002; FRL–7826–8] 

Approval and Promulgation of Plan 

Revisions; Indiana

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving 

Indiana’s February 10, 2004, and April 

12, 2004, submittal of a revision to its 

existing emission reporting rule to be 

consistent with the emission statement 

program requirements for stationary 

sources in the Clean Air Act (CAA). On 

April 12, 2004, Indiana submitted its 

final rule as published in the Indiana 

Register. Indiana held a public hearing 

on the submittal on December 3, 2003. 

The rationale for the approval and other 

information are provided in this 

rulemaking action.

DATES: This ‘‘direct final’’ rule is 

effective on December 28, 2004 unless 

EPA receives adverse written comments 

by November 29, 2004. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket ID No. R05–OAR–2004–IN–

0002 by one of the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http://

docket.epa.gov/rmepub/index.jsp

material in Edocket(RME), EPA’s 

electronic public docket and connect 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

E-mail: bortzer.jay@epa.gov.

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: J. Elmer Bortzer, Chief, 

Air Programs Branch, (AR–18J), 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: J. Elmer Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 AM to 

4:30 PM excluding Federal holidays. 

Instructions: Direct your comments to 

Regional Materials in Edocket (RME) ID 

No. R05–OAR–2004–IN–0002. 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 Regional Material in 

Edocket (RME), regulations.gov, or email. The EPA RME website and the 

federal regulations.gov website are 

‘‘anonymous access’’ systems, 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 RME or 

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 instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Materials in EDocket (RME) 

index at http://www.epa.gov/edocket.

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. (We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office.) This Facility is open 

from 8:30 AM to 4:30 PM, Monday 

through Friday, excluding legal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Charles Hatten, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), EPA Region 

5, 77 West Jackson Boulevard, Chicago, 

Illinois 60604, (312) 886–6031. 

hatten.charles@epa.gov

SUPPLEMENTARY INFORMATION:

I. General Information 

A. Does This Action Apply to Me? 

B. How Can I Get Copies of This Document 

and Other Related Information? 

C. How and to Whom Do I Submit 

Comments? 

II. What Is Required by the Clean Air Act and 

How does It Apply to Indiana? 

III. What Change Is Indiana Requesting? 

IV. Why Is This Request Approvable? 

V. Statutory and Executive Order Review

63070 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

I. General Information 

A. Does This Action Apply to Me? 

This rulemaking applies to stationary 

point sources located in areas 

designated nonattainment under subpart 

2 of part D of Title I of the CAA. This 

requirement applies to all ozone 

nonattainment areas, regardless of 

classification (Marginal, Moderate, etc.). 

This rule requires sources to submit 

emission statement data to the Indiana 

Department of Environmental 

Management (IDEM) on an annual basis. 

This emission data collected can help 

the IDEM develop a complete and 

accurate emission inventory for air 

quality planning purposes at the State, 

and also meet emission reporting 

requirements to EPA. 

B. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. The Regional Office has established 

an electronic public rulemaking file 

available for inspection on EDOCKET 

and a hard copy file which is available 

for inspection at the Regional Office. 

EPA has established an official public 

rulemaking file for this action under 

Regional Material in Edocket (RME) ID 

No. R05–OAR–2004–IN–0002. The 

official public file consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public rulemaking 

file does not include Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. The official public 

rulemaking file is the collection of 

materials that is available for public 

viewing at the Air Programs Branch, Air 

and Radiation Division, EPA Region 5, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. EPA requests that if at all 

possible, you contact the person listed 

in the For Further Information Contact 

section to schedule your inspection. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the 

regulations.gov Web site located at 

http://www.regulations.gov where you 

can find, review, and submit comments 

on Federal rules that have been 

published in the Federal Register, the 

Government’s legal newspaper, and are 

open for comment. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. 

B. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

rulemaking identification number by 

including the text ‘‘Public comment on 

proposed rulemaking Region 5 in 

Regional Material in EDocket ‘‘R05–

OAR–2004–IN–0002’’ in the subject line 

on the first page of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

For detailed instructions on 

submitting public comments and on 

what to consider as you prepare your 

comments see the ADDRESSES section 

and the section I General Information of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

II. What Is Required by the Clean Air 

Act and How Does It Apply to Indiana? 

Emission Statements (Annual 

Reporting) 

Section 182(a)(3)(B) of the CAA 

requires stationary sources of air 

pollution in ozone nonattainment areas 

to prepare and submit emission 

statement data each year, to their States, 

showing actual emissions of volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX). This requirement 

applies to all ozone nonattainment 

areas, regardless of classification 

(Marginal, Moderate, etc.). In ozone 

nonattainment areas, facilities which 

emit VOC or NOX in amounts of 25 tons 

per year or more [plant-wide basis] into 

the ambient air must submit an 

emission statement to the State. Further, 

States with ozone nonattainment areas 

are required to submit a revision to their 

SIPs by November 15, 1992, establishing 

this Emission Statement Program.

Facilities are required to submit their 

first emission statement within three 

years of promulgation of the CAA of 

1990, and annually thereafter. If either 

VOC or NOX is emitted at or above the 

minimum reporting level that is 

established in its state Emission 

Statement Program, the other pollutant 

(NOX or VOC) from the same facility 

should be included in the emission 

statement, even if the pollutant is 

emitted at levels below the minimum 

reporting level. 

Indiana’s Current SIP 

On June 10, 1994, EPA approved rule 

2–6 of Title 326 of the Indiana 

Administrative Code (IAC), as meeting 

the ‘‘Emission Statement’’ program 

requirements of section 182(a)(3)(B) of 

the CAA. See 59 FR 29956. Under the 

existing federally approved SIP for 

Indiana, the emission statement 

program requirements apply to 

stationary sources in ozone 

nonattainment areas. In Indiana, this 

consists of Clark, Elkhart, Floyd, Lake, 

Marion, Porter, St. Joseph, and 

Vanderburgh counties. 

III. What Change Is Indiana 

Requesting? 

Indiana is requesting that EPA 

approve the revisions to the existing 

emission reporting rule,326 IAC 2–6, to 

be consistent with the current emission 

statement program requirements for 

stationary sources in section 

182(a)(3)(B) of the CAA. Since the 

original approval of its plan, IDEM has 

made a number of changes to its rule, 

discussed more in detail below, and has 

resubmitted the new version of its rule 

for approval. 

How Did IDEM Change Its Rule? 

The major change deals with the 

applicability of the rule. In ozone 

nonattainment areas, facilities which 

emit VOC or NOX in amounts of 25 tons 

per year or more into the ambient air 

must submit an emission statement to 

IDEM. Once an area meets the national 

ambient air quality standard and is 

redesignated to attainment, sources in 

the area are no longer subject to the 

emission statement requirements of the 

CAA. In the State of Indiana, a number 

of counties subject to the emission 

statement program have been 

redesignated as attainment with the onehour ozone standards, and the State has 

revised regulation 326 IAC 2–6 to 

discontinue the requirement in these 

redesignated areas. Emission statements 

requirements originally applied to 

sources in Clark, Elkhart, Floyd, Lake, 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63071

Marion, Porter, St. Joseph, and 

Vanderburgh counties. Due to 

redesignations, however, they now only 

need apply to sources in Lake and 

Porter counties. 

In addition, the State has required 

reporting of emissions from major 

stationary sources in the State to meet 

other requirements of the CAA. The 

EPA has long required States to provide 

for the submission of emission data 

collected for major stationary sources to 

EPA under 40 CFR 51. Thus, while 

some parts of the State sources are 

required to report their emissions data 

under section 182 of the CAA to the 

State, EPA is also approving this rule as 

it applies to all major stationary sources 

state-wide. 

Administratively, in this SIP revision 

there were other changes to the 

emission reporting requirements of 326 

IAC 2–6 not considered to be 

significant. The key definitions, 

compliance schedule, and specific 

reporting requirements that Indiana 

included in its Emission Statement 

Program are consistent with EPA 

guidance. 

EPA’s detailed review of Indiana’s 

Emission Statement Program is 

contained in a technical support 

document available from EPA Region 5 

according to previously described 

procedures in ‘‘Section I. B.’’ of this 

notice. 

IV. Why Is the Request Approvable?

EPA has concluded that the Indiana 

program contains the necessary 

applicability, definitions, compliance 

schedule and specific reporting 

provisions to meet the requirements for 

an Emission Statement Program. 

Therefore, EPA is approving the 

revisions to the emission reporting 

requirements of 326 IAC 2–6, to satisfy 

the Federal requirement of section 

182(a)(3)(B) of the CAA for an Emission 

Statement Program as part of the SIP for 

Indiana. 

V. Statutory and Executive Order 

Review 

Executive Order 12866: Regulatory 

Planning and Review 

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. 

Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

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). 

Regulatory Flexibility Act 

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.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting 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). 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

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). 

Executive Order 13132: Federalism 

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. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

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. 

National Technology Transfer 

Advancement Act 

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.

Paperwork Reduction Act 

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.). 

Congressional Review Act 

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. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 28, 

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 

63072 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

reference, Intergovernmental relations, 

Volatile organic compounds, Ozone.

Dated: September 24, 2004. 

Norman Niedergang, 

Acting Regional Administrator, Region 5.

■ 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 P—Indiana

■ 2. Section 52.770 is amended by 

adding paragraph (c)(166) to read as 

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * *

(166) On February 10, 2004, Indiana 

submitted final adopted revisions to its 

emission reporting rule as a requested 

revision to the Indiana State 

Implementation Plan. On April 12, 

2004, Indiana submitted its final rule as 

published in the Indiana Register. 

(i) Incorporation by reference. Indiana 

Administrative Code Title 326: Air 

Pollution Control Board, Article 2: 

Permit Review Rules, Rule 6: Emission 

Reporting. Adopted by the Air Pollution 

Control Board on December 3, 2003, 

filed with the Secretary of State on 

February 26, 2004 and effective on 

March 27, 2004. Adopted at 27 Indiana 

Register 2210–2215.

[FR Doc. 04–24238 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81

[R07–OAR–2004–MO–0003; FRL–7831–1] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri; Designation of Areas for Air 

Quality Planning Purposes, Iron 

County; Arcadia and Liberty 

Townships

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule and notice of 

administrative change. 

SUMMARY: EPA is announcing the 

redesignation of the lead nonattainment 

area in Iron County, Missouri, to 

attainment of the National Ambient Air 

Quality Standard (NAAQS) for lead. We 

are approving the maintenance plan for 

this area including a settlement 

agreement which was submitted with 

the redesignation request. This final rule 

addresses a comment submitted in 

response to EPA’s direct final rule 

published previously for this action on 

June 30, 2004. The effect of the state 

implementation plan (SIP) approval is 

to ensure Federal enforceability of the 

state air program plan to provide for 

maintenance of the lead NAAQS. The 

effect of the redesignation is to 

recognize that the area has attained the 

lead NAAQS and to focus future air 

quality planning efforts on maintenance 

of the lead NAAQS in the area. EPA is 

also providing notice of an 

administrative change to a table in the 

Code of Federal Regulations which 

identifies the Missouri SIP.

DATES: This final rule will be effective 

November 29, 2004.

ADDRESSES: Copies of documents 

relevant to this action are available for 

public inspection during normal 

business hours at the Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101, or by 

going to the Regional Material in 

EDocket index at http://docket.epa.gov/

rmepub/ and doing a quick search on 

‘‘R07–OAR–2004–MO–0003.’’

FOR FURTHER INFORMATION CONTACT:

Joshua Tapp at (913) 551–7606, or by email at tapp.joshua@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 30, 2004, EPA 

simultaneously published a proposed 

rule (69 FR 39382) and a direct final 

rule (69 FR 39337) to approve the 

redesignation of the nonattainment area 

in Iron County, Missouri, bounded by 

Arcadia and Liberty Townships, to 

attainment for lead and to take final 

action to approve the submission for the 

Doe Run Primary Smelting Facility near 

Glover, Missouri, as an amendment to 

the SIP. 

The basis for our approval of this 

redesignation and maintenance plan is 

described in more detail in the direct 

final rule (69 FR 39337). The Missouri 

Department of Natural Resources 

(MDNR) met the criteria under section 

107(d)(3)(E) of the Clean Air Act 

Amendments (CAAA) for redesignation 

of the nonattainment area in Iron 

County to attainment for the lead 

standard as described in detail in the 

direct final rule.

The area was designated as 

nonattainment for lead in January 1992. 

The nonattainment area includes the 

portion of Iron County, Missouri, 

bounded by Arcadia and Liberty 

Townships. The major source of lead 

emissions in this nonattainment area is 

the Doe Run Primary Smelting Facility, 

near Glover, Missouri. 

Primary smelting of lead began at this 

location in 1968. Currently the facility 

has ceased production and has been 

operating on a care and maintenance 

schedule since December 1, 2003. The 

state submittal provided ambient air 

monitor data showing that this area has 

consistently shown compliance with the 

NAAQS for lead since the first quarter 

of 1997, well before the recent shutdown of the facility. Ambient 

monitoring for lead has shown 

compliance with the NAAQS for 28 

consecutive calendar quarters. The 

NAAQS for lead is 1.5 micrograms per 

cubic meter (1.5 μg/m3), maximum 

quarterly average. A quarterly average is 

considered a violation of the standard if 

it is at least 1.6 μg/m3 when rounded to 

tenths from the hundredths place when 

monitored. 

EPA guidance provides that, for lead, 

attainment should be demonstrated by 

modeling as well as monitoring. Air 

dispersion modeling using the ISCST 

Version 3 dated February 4, 2002, was 

used to evaluate the concentration of 

lead resulting from operations at the 

Doe Run Primary Lead Smelting 

Facility. The maximum concentration 

predicted by the model was a value of 

1.252 μg/m3 which is in compliance 

with the lead standard. This maximum 

modeled value was obtained by 

incorporating the plume depletion, dry 

removal option in the ISCST model. 

The facility is currently in a nonproduction mode, but attainment had 

been shown for several years prior to 

this change in operation in December 

2003. EPA has determined that the 

improvement in air quality is due to 

permanent and enforceable SIP controls. 

EPA has also determined that the area 

has a fully approved SIP for the area 

meeting the requirements of section 110 

and Part D of Title I of the CAA. The 

maintenance plan submitted as part of 

the SIP revision provides for 

maintenance of the relevant NAAQS in 

the area for at least ten years after the 

approval of redesignation to attainment 

and provides for adequate contingency 

measures to address any future 

violations. The basis for these 

determinations is described in detail in 

the direct final rule (69 FR 39337, 

39339). 

EPA received an adverse comment 

during the 30-day comment period and 

therefore withdrew the direct final rule 

on August 24, 2004 (69 FR 51956).