Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62591

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. 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

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 the 

amendments to control VOC emissions 

from yeast manufacturing facilities in 

Maryland, 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, 

Incorporation by reference, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: September 20, 2004. 

Thomas C. 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 V—Maryland

■ 2. Section 52.1070 is amended by 

adding paragraph (c)(189) to read as 

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * * 

(189) Revisions to the Maryland 

Regulations on the Control of Volatile 

Organic Compound Emissions from 

Yeast Manufacturing submitted on July 

12, 2004 by the Maryland Department of 

the Environment (MDE): 

(i) Incorporation by reference. 

(A) Letter of July 12, 2004 from the 

Maryland Department of the 

Environment transmitting the 

amendments to the control of VOC from 

yeast manufacturing. 

(B) The following revisions to 

COMAR 26.11.19.17, Control of VOC 

Emissions from Yeast Manufacturing 

with an effective date of June 21, 2004. 

(1) Addition of paragraphs .17A(3) 

and .17A(4) of existing paragraphs 

.17A(3) and .17A(4) to .17A(5) and 

.17A(6) respectively. 

(2) Addition of paragraph .17B(2), 

replacing existing paragraph .17B(2). 

(3) Revisions to paragraphs .17B(3), 

.17C(2), .17C(3), .17D (introductory 

sentence), .17D(1), and .17D(2). 

(4) Addition of paragraph .17E; 

renumbering of existing paragraph .17E 

to .17F. 

(5) Addition of paragraphs .17F(1) and 

.17F(2), replacing existing paragraphs 

.17E(1) and .17E(2). 

(ii) Additional Material.—Remainder 

of the State submittal pertaining to the 

revisions listed in paragraph (c)(191)(i) 

of this section.

[FR Doc. 04–23948 Filed 10–26–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R03–OAR–2004–WV–0001; FRL–7821–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Attainment 

and Redesignation of the City of 

Weirton PM10 Nonattainment Area to 

Attainment and Approval of the 

Maintenance Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is determining that the 

City of Weirton PM10 nonattainment 

area (the Weirton area) has attained the 

National Ambient Air Quality Standard 

(NAAQS) for PM10. This determination 

is based on three years of complete, 

quality-assured, ambient air quality 

monitoring data for the years 2000–2002 

which demonstrate that the NAAQS for 

PM10 has been attained in the area. On 

the basis of this determination, EPA is 

also determining that certain attainment 

demonstration requirements along with 

other related requirements of the Clean 

Air Act (CAA), are no applicable to the 

Weirton area. EPA is also approving the 

62592 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

West Virginia Department of 

Environmental Protection’s (WVDEP) 

request to redesignate the Weirton area 

to attainment of the NAAQS for PM10. 

In conjunction with its approval of this 

redesignation request, EPA is also 

approving WVDEP’s 10-year 

maintenance plan for the Weirton area 

as a revision to the West Virginia State 

Implementation Plan (SIP). EPA is 

taking these actions in accordance with 

the requirements of the Clean Air Act.

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 Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–WV–0001 by one of the following 

methods: 

A. Federal eRulemaking Portal: http:/

/www.regulations.gov. Follow the online instructions for submitting 

comments. 

B. Agency Web site: http://www.

docket.epa.gov/rmepub/ RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

C. E-mail: Morris.makeba@epa.gov.

D. Mail: R03–OAR–2004–WV–0001, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP11, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. 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 

RME ID No. R03–OAR–2004–WV–0001. 

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.docket.epa.gov/rmepub/,

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 RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov Web 

sites are 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 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. 

Docket: All documents in the 

electronic docket are listed in the RME 

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

rmepub/. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of material to be incorporated by 

reference are available at the Air and 

Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, 1301 Constitution Avenue, 

NW., Room B108, Washington, DC 

20460. Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 7012 

MacCorkle Avenue, SE., Charleston, 

West Virginia 25304–2943.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 814–2068 , or by email at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the CAA, EPA may redesignate 

areas to attainment if sufficient data are 

available to warrant such changes and 

the area meets the criteria contained in 

section 107(d)(3) of the CAA. These 

criteria include full approval of a 

maintenance plan for the area. The 

requirements for a maintenance plan are 

found in section 175A of the CAA. The 

Weirton area, located in Hancock 

County and Brooke County (part), was 

classified as an area likely to be in 

violation of the PM10 NAAQS on August 

7, 1987 (52 FR 29383). On August 14, 

1989, the Oak Street monitoring site in 

the Weirton area recorded the fourth 

exceedance of the 24-hour PM10 NAAQS 

in a three-year period. The Weirton area 

was designated by EPA as a moderate 

PM10 nonattainment area on December 

21, 1993 (58 FR 67334). The Weirton 

area has monitored attainment of the 

NAAQS for PM10 since 1998. 

II. Summary of State Submittal

On May 24, 2004, the WVDEP 

submitted a redesignation request and 

maintenance plan for the Weirton 

moderate PM10 nonattainment area. 

West Virginia’s May 24, 2004 submittal 

provides for the attainment and 

maintenance of the NAAQS for PM10 in 

the Weirton area and satisfies the 

requirements of section 107(d)(3)(E) of 

the CAA, necessary for redesignation. 

When approved, the maintenance plan 

and its contingency measures submitted 

by the WVDEP for the Weirton area will 

become part of the West Virginia SIP. 

The WVDEP’s submittal includes an 

analysis of quality-assured, ambient air 

quality monitoring data documenting 

attainment of the NAAQS for PM10 in 

the Weirton area and additional 

documentation to satisfy EPA’s policy 

entitled ‘‘Reasonable Further Progress, 

Attainment demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard’’ signed 

by John S. Seitz and dated May 10, 

1995, commonly referred to as the Clean 

Data Policy (CDP). EPA is making a 

clean data determination under its May 

10, 1995 CDP for the Weirton area 

thereby waiving certain part D 

requirements related to the attainment 

demonstration, reasonable further 

progress and their associated 

contingency measures for the Weirton 

area. Details of how West Virginia has 

satisfied the May 10, 1995 CDP are 

found in III.B.2. of this document. 

III. Description and Evaluation of the 

Redesignation and Maintenance Plan 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) allows for redesignation 

providing that: (1) The Administrator 

determines that the area has attained the 

NAAQS; (2) The Administrator has fully 

approved the applicable 

implementation plan for the area under 

Section 110; (3) The Administrator 

determines that the improvement in air 

quality is due to permanent and 

enforceable reductions in emissions 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62593

resulting from implementation of the 

applicable Federal air pollutant control 

regulations and other permanent and 

enforceable reductions; (4) The 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175(A); and, (5) The State containing 

such area has met all requirements 

applicable to the area under section 110 

and part D. The EPA has reviewed the 

redesignation request submitted by the 

WVDEP on May 24, 2004 for the 

Weirton area and finds that its meets the 

five requirements for redesignation 

found in section 107(d)(3)(E) of the 

CAA. 

A. Weirton Area Has Data Showing 

Attainment of the NAAQS for PM10

EPA’s review of the monitoring data 

submitted by West Virginia indicates 

that the Weirton area has attained, and 

continues to attain, both the 24-hour 

and annual PM10 standard. The PM10

monitoring network in the Weirton area 

consists of four monitors within the 

nonattainment area. The three years of 

data used in the redesignation request 

are the years 2000–2002, inclusive. The 

maximum annual average for the 3-year 

period is 32 μ/m3. The maximum 24-

hour value is 112 μ/m3. Although the 

May 24, 2004 formal redesignation 

request uses 2000–2002 monitoring 

data, the Weirton area has, in fact, 

monitored attainment from the years 

1998 through 2003, and continues to 

monitor attainment of the NAAQS for 

PM10. 

B. Weirton Area Has a Fully Approved 

SIP Under Section 110(k) and Has Met 

All Applicable Requirements Under 

Section 110 and Part D of the CAA 

1. Section 110 Requirements 

General SIP elements are delineated 

in section 110(a)(2) of Title I, part A. 

These requirements include but are not 

limited to the following: submittal of a 

SIP that has been adopted by the state 

after reasonable notice and public 

hearing, provisions for establishment 

and operation of appropriate apparatus, 

methods, systems and procedures 

necessary to monitor ambient air 

quality, implementation of a permit 

program, provisions for part C, 

Prevention of Significant Deterioration 

(PSD), and part D, New Source Review 

(NSR) permit programs, criteria for 

stationary source emission control 

measures, monitoring and reporting, 

and provisions for public and local 

agency participation. The May 24, 2004 

SIP submittal provided documentation 

of that the West Virginia SIP satisfies all 

of the section 110 and part D 

requirements of the CAA which apply to 

the Weirton area. EPA has concluded 

that the West Virginia SIP for the 

Weirton area satisfies all of the section 

110 SIP requirements of the CAA. 

2. Part D Requirements 

Before the Weirton area may be 

redesignated to attainment, it must have 

fulfilled the applicable requirements of 

part D of the CAA. As stated previously, 

EPA had determined that certain part D 

requirements are no longer required to 

be met by the Weirton area under EPA’s 

May 10, 1995 CDP. The clean data area 

approach applies the policy already in 

place for ozone nonattainment areas to 

selected PM10 nonattainment areas. The 

CDP policy reduces the requirements for 

submittal of certain requirements in 

nonattainment areas which are 

demonstrating attainment with the 

NAAQS. For areas meeting the five 

criteria discussed in the CDP, states are 

not required to submit SIP revisions 

concerning reasonable further progress, 

attainment demonstration or their 

associated contingency measures. West 

Virginia has met the criteria of the CDP 

for the Weirton area as follows:

(a) The area must be attaining the 

PM10 NAAQS with the three most recent 

years of quality assured air quality data. 

West Virginia has provided evidence of 

the Weirton area attaining the NAAQS 

for PM10. There are four PM10 monitors 

within the Weirton area. There have 

been no exceedances of the 24-hour 

standard of 50 μg/m3 during the past 

five years. The monitors have never 

recorded a violation of the annual PM10

standard of 150 μg/m3. The Weirton area 

24-hour value for calendar years 2000–

2002, as found in EPA’s Air Quality 

Subsystem (AQS), is 32 μg/m3. The 

annual value for the Weirton area 

during the same time period is 112

μg/m3. 

(b) The State must continue to operate 

an appropriate PM10 air quality 

monitoring network, in accordance with 

40 CFR part 58, in order to verify the 

attainment status of the area. In the 

maintenance plan submitted on May 24, 

2004, which EPA is approving as part of 

this rulemaking, the State of West 

Virginia has committed to continue to 

monitor the Weirton area. 

(c) The control measures for the area, 

which were responsible for bringing the 

area into attainment, must be approved 

by EPA. In its May 24, 2004 submittal, 

the WVDEP provides details on the 

emission reductions responsible for 

bringing the area into attainment. The 

primary control measures to achieve 

attainment include making permanent 

and enforceable the shutdown of 

specified steel manufacturing and 

processing facilities which occurred 

after the Weirton area was designated 

and classified nonattainment. The 

request for redesignation specifically 

cites to a Federally-enforceable consent 

order between State of West Virginia 

and the Weirton Steel Corporation. This 

consent order was approved as a 

revision to the West Virginia SIP on 

May 5, 2004 (69 FR 24986). The 

requirements of the consent order 

resulted in a permanent and enforceable 

reduction of 1345 tons per year of PM10. 

(d) An emissions inventory must be 

completed for the area. An emission 

inventory for the Weirton area was 

completed and submitted as part of the 

maintenance plan which EPA is 

approving as part of this rulemaking. 

(e) EPA must make a finding that the 

area attained the 24-hour and annual 

PM10 NAAQS. 

EPA published a notice in the Federal 

Register on May 16, 2001 announcing 

that the Weirton area had attained the 

NAAQS for PM10 (66 FR 27034). 

Pursuant to the May 10, 1995 CDP, EPA, 

in this rulemaking, is again determining 

that the Weirton area has attained the 

NAAQS for PM10. This determination is 

based on three years of complete, 

quality-assured, ambient air quality 

monitoring data for the years 2000–

2002. EPA has determined that West 

Virginia has met the requirements of the 

CDP. Therefore, the requirements under 

CAA section 172(c) for developing an 

attainment demonstrations, RFP 

demonstration and their associated 

contingency measures are waived due to 

the fact that the Weirton area, by 

satisfying the criteria of the CDP, has 

been determined by EPA to have already 

attained the NAAQS for PM10 and met 

RFP. 

However, any requirements that are 

connected solely to designation or 

classification, such as new source 

review (NSR) and RACM/RACT, will 

remain in effect. Therefore, the consent 

order approved as a revision to the West 

Virginia SIP on May 5, 2004 (69 FR 

24986) will remain in effect after the 

Weirton area is redesignated. The 

Federal requirements for new source 

review (NSR) in nonattainment areas are 

contained in section 172(c)(5). The CAA 

and EPA guidance provide that the 

requirements of the part D 

nonattainment area NSR program will 

be replaced by the state’s prevention of 

significant deterioration (PSD) program 

when an area has reached attainment 

and been redesignated, provided there 

are assurances that PSD will become 

fully effective immediately upon 

redesignation. West Virginia’s 

regulations for its PSD permitting 

program were approved into the West 

62594 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

Virginia SIP on April 11, 1986 (51 FR 

12518). Under the West Virginia SIP, the 

state’s PSD permitting program will 

become fully effective in the Weirton 

area immediately upon its redesignation 

to attainment.

C. The Improvement in Air Quality in 

the Weirton Area Is Due to Permanent 

and Enforceable Measures 

The emission reductions responsible 

for bringing the Weirton area into 

attainment have been made permanent 

and enforceable by the consent order 

between the State of West Virginia and 

the Weirton Steel Corporation (CO–SIP–

C–2003–28). As discussed above, this 

consent order was approved as a 

revision to the West Virginia SIP on 

May 5, 2004 (69 FR 24986). These 

emission reductions are permanent and 

enforceable. Should any of the 

shutdown operations or facilities made 

permanent and enforceable by the 

consent order seek to be become 

operational, they would be subject to 

the West Virginia’s SIP NSR 

requirements, including PSD once the 

Weirton area is redesignated. 

D. West Virginia Has Submitted a 

Maintenance Plan for the Weirton Area 

Pursuant to Section 175A of the CAA 

Section 175A of the CAA sets forth 

the necessary elements of a maintenance 

plan needed for areas seeking 

redesignation from nonattainment to 

attainment. The plan must demonstrate 

continued attainment of the applicable 

NAAQS for at least 10 years after the 

EPA approves a redesignation to 

attainment. If applicable, eight yeas after 

the redesignation, West Virginia must 

submit a revised maintenance plan 

which demonstrates attainment for the 

10 years following the initial 10-year 

period. To address potential future 

NAAQS violations, the maintenance 

plan must contain contingency measure 

with a schedule for implementation 

adequate to assure prompt correction of 

any air quality problems. The State of 

West Virginia submitted a PM10

Maintenance Plan for the Weirton, West 

Virginia Area on May 24, 2004. The 

maintenance plan and associated 

contingency measures are being 

approved into the SIP as part of this 

rulemaking. 

Details of the Weirton area 

maintenance plan and how it satisfies 

the requirements of 175A are provided 

in the following paragraphs. 

1. Emissions Inventory—West Virginia 

has submitted an Emission Inventory of 

sources in the Weirton area for calendar 

year 2001. The year 2001 is 

representative of the emissions in the 

Weirton area during the years 2000–

2002, the three years for which quality 

assured ambient air quality data 

documenting attainment were submitted 

for Weirton area. By approving the 

maintenance plan, EPA is approving the 

emission inventory. 

2. Maintenance demonstration—The 

maintenance plan includes an emission 

inventory of emission levels reflective of 

attainment in the Weirton area and 

limits emissions to those levels which 

ensure maintenance of the NAAQS for 

PM10 in the Weirton area. The PSD 

review and permitting requirements for 

any future major source construction of 

modification and the permanent and 

enforceable control measures on 

existing sources are provided in the 

maintenance plan. Subsequent to 

redesignation, any major source 

construction or modification will be 

subject to the PSD requirements found 

in West Virginia’s SIP, including a 

demonstration to ensure protection and 

maintenance of the NAAQS and 

applicable PSD increments. By 

approving the maintenance plan, EPA is 

approving the maintenance 

demonstration. 

3. Continuation of the monitoring 

network—West Virginia has indicated in 

the May 24, 2004 maintenance plan that 

it will continue to monitor for PM10 in 

the Weirton area in accordance with 40 

CFR 53 and 58. By approving the 

maintenance plan, EPA is approving 

West Virginia’s plan to continue to 

monitor for PM10 in the Weirton area. 

4. Verification of Continued 

Attainment—The maintenance plan 

states that the WVDEP will review the 

monitoring data annually to verify 

continued attainment. WVDEP will also 

assess compliance of local facilities. If 

still required by the CAA, the Weirton 

area maintenance plan will be 

reassessed not later than eight years 

after the area is redesignated to 

attainment. 

5. Contingency Plan—The WVDEP 

has indicated in the maintenance plan 

that it will rely on ambient air 

monitored data to determine the need to 

implement contingency measures. In the 

event of an exceedance of the PM10

standard, the WVDEP will review the 

monitored data, the local meteorology 

data, and the compliance of local 

facilities. If all facilities are in 

compliance with applicable SIP and 

permit emissions limits, the WVDEP 

will determine and impose additional 

control measures necessary to continue 

to maintain the NAAQS. Upon 

determination that three exceedances of 

the 24-hour PM10 standard have 

occurred within a three-year period the 

WVDEP will notify companies with 

emission sources of PM10 in the Weirton 

area that there may be a need to reduce 

PM10 emissions to address a potential 

violation of the NAAQS. Within six 

months of this notification, the 

companies must submit a detailed plan 

of action specifying additional control 

measures to reduce PM10 emissions, to 

be implemented no later than 18 months 

after the notification of a violation of the 

NAAQS. The additional control 

measures necessary to ensure 

attainment will be imposed by WVDEP 

and submitted to EPA for approval and 

incorporation into the SIP. 

In summary, EPA has determined that 

West Virginia’s May 24, 2004 submittal 

satisfies the requirements of section 

107(d)(3)(E) of the CAA, and is 

redesignating the Weirton area to 

attainment for PM10. EPA is also 

approving the WVDEP’s maintenance 

plan and its associated contingency 

measures for the Weirton area as a 

revision to the West Virginia SIP.

IV. Final Action 

EPA is determining that the Weirton 

area has attained the NAAQS for PM10

and has met the requirements of the 

May 10, 1995 CDP. On the basis of this 

determination, EPA is also determining 

that certain attainment demonstration 

requirements, along with other related 

requirements of the CAA, are not 

applicable to the Weirton area. EPA is 

approving the State of West Virginia’s 

May 24, 2004 request to redesignate the 

Weirton area to attainment for PM10 and 

is approving the associated maintenance 

plan as a revision to the West Virginia 

SIP. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment as there was opportunity for 

stakeholder input in the SIP 

development process. 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 rule 

will be effective on December 27, 2004 

without further notice unless EPA 

receives 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. 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62595

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. 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

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 to redesignate the Weirton 

area to attainment for PM10 and approve 

the maintenance plan for the area 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 to 

approve West Virginia’s redesignation 

request and maintenance plan for the 

Weirton PM10 area may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

40 CFR Part 81 

Air Pollution Control, National parks, 

Wilderness areas.

Dated: September 20, 2004. 

Thomas C. Voltaggio, 

Acting Deputy 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 XX—West Virginia

■ 2. Section 52.2520 is amended by 

adding paragraph (c)(60) to read as 

follows:

§ 52.2520 Identification of plan.

* * * * *

(c) * * * 

(60) The PM10 Maintenance Plan for 

the City of Weirton area submitted by 

the West Virginia Department of 

Environmental Protection on May 24, 

2004. 

(i) Incorporation by reference. 

(A) Letter of May 24, 2004 from the 

West Virginia Department of 

Environmental Protection transmitting 

the redesignation request and 

maintenance plan for the City of 

Weirton PM10 area in Hancock and 

Brooke Counties (part). 

(B) PM10 Maintenance Plan for the 

Weirton, West Virginia area, dated May 

24, 2004. 

(ii) Additional Material.—Remainder 

of the State submittal pertaining to the 

revisions listed in paragraph (c)(60)(i) of 

this section.

PART 81—[AMENDED]

Subpart C—Section 107 Attainment 

Status Designations

■ 1. The authority citation for Part 81 

continues to read as follows:

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

■ 2. In § 81.349, the table for ‘‘West 

Virginia—PM10’’ is amended by revising 

the entry for Hancock and Brooke 

Counties (part): The City of Weirton to 

read as follows:

§ 81.349 West Virginia.

* * * * *

62596 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

WEST VIRGINIA—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

* * * * * * * 

Hancock and Brooke Counties (part): The City of Weirton .... 12/27/2004 Attainment.

* * * * * * * 

* * * * *

[FR Doc. 04–23945 Filed 10–26–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0243; FRL–7371–6]

L-Glutamic Acid and Gamma 

Aminobutyric Acid: Order Denying 

Objections to Issuance of Tolerance

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final Order.

SUMMARY: By this order, EPA denies the 

objections filed by the Truth In Labeling 

Campaign (TLC) and additional citizens 

to a final rule issued June 21, 2001. That 

rule exempts from the requirement of a 

tolerance under section 408 of the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) use of L-glutamic acid (LGA) 

and gamma aminobutyric acid (GABA) 

on all food commodities when applied/

used in accordance with good 

agricultural practices. EPA is denying 

the objections because the Agency has 

evaluated these products and believes 

them to meet the statutory requirement 

of reasonable certainty of no harm.

DATES: This order is effective October 

27, 2004.

FOR FURTHER INFORMATION CONTACT:

Carol E. Frazer, Biopesticides and 

Pollution Prevention Division (7511C), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (703) 

308–8810; fax number: (703) 308–7026; 

e-mail address: frazer.carol@epa.gov.

ADDRESSES: EPA has established a 

docket for this action under Docket 

identification number OPP–2004–0243. 

All documents in the docket are listed 

in the EDOCKET index at http://

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA, Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305–5805.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

This action is directed to the public 

in general. However, this action is of 

particular interest to TLC, the major 

objector to the use of LGA as a pesticide 

product and to Lucinda Larson, the only 

objector who specifically added GABA 

to her objection as well as LGA. Several 

other objectors expressed an objection to 

the Federal Register notice exempting 

the two chemicals from the requirement 

of a tolerance, without specifying either 

one. This action is also of interest to 

Emerald BioAgriculture Corporation, 

the manufacturer of AuxiGroTM, the 

only pesticide product that uses LGA 

and GABA as active ingredients, as well 

as users of AuxiGroTM products. Since 

various different entities may be 

interested in this action, the Agency has 

not attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (http:/

/www.epa.gov/edocket/), you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/. 

II. Background and Statutory Findings

A. What Action Is the Agency Taking?

From June 28, 2001 through January 

14, 2002, TLC and others filed a series 

of objections to EPA’s issuance of an 

exemption from the requirement of a 

tolerance under section 408 of the 

FFDCA for use of LGA and GABA on all 

food commodities when applied/used in 

accordance with good agricultural 

practices. EPA is denying the objections 

because it has reviewed all available 

data on these pesticides and maintains 

its conclusion that the uses of these 

pesticides are safe. None of the objectors 

filed a hearing request.

B. What Is the Agency’s Authority for 

Taking This Action?

Section 408 of the FFDCA authorizes 

the establishment by regulation of 

maximum permissible levels of 

pesticides in foods. Such regulations are 

commonly referred to as ‘‘tolerances.’’

Without such a tolerance or an 

exemption from the requirement of a 

tolerance, a food containing a pesticide 

residue is ‘‘adulterated’’ under section 

402 of the FFDCA and may not be 

legally moved in interstate commerce. 

21 U.S.C. 331, 342. Monitoring and 

enforcement of pesticide tolerances are 

carried out by the U.S. Food and Drug 

Administration (FDA) and the U.S. 

Department of Agriculture (USDA).

Section 408(b)(2)(A)(i) of the FFDCA 

allows EPA to establish a tolerance only 

if EPA determines that the tolerance is 

‘‘safe.’’ Section 408(b)(2)(A)(ii) defines 

‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

dietary exposure through food and 

drinking water and exposure other than 

dietary that occurs in non-occupational 

settings. In making safety 

determinations, EPA is required to 

consider, among other things, ‘‘available 

information concerning the cumulative 

effects of the pesticide chemical residue 

and other substances that have a