Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65069

U.S. Code citation Description 

Maximum

penalty

(in Dollars) 

12 U.S.C. 93(b), 504, 1817(j)(16), 1818(i)(2), and 1972(2)(F) .................................... Tier 1 ......................................................... 6,500 

Tier 2 ......................................................... 32,500 

Tier 3 ......................................................... 1,250,000 

12 U.S.C. 164 and 3110(c) .......................................................................................... Tier 1 ......................................................... 2,200 

Tier 2 ......................................................... 27,000 

Tier 3 ......................................................... 1.250,000 

12 U.S.C. 1832(c) and 3909(d)(1) ............................................................................... ................................................................... 1,100 

12 U.S.C. 1884 ............................................................................................................. ................................................................... 110 

12 U.S.C. 3110(a) ........................................................................................................ ................................................................... 32,500 

15 U.S.C. 78u–2(b) ...................................................................................................... Tier 1 (natural person) .............................. 6,500 

Tier 1 (other person) ................................. 65,000 

Tier 2 (natural person) .............................. 65,000 

Tier 2 (other person) ................................. 325,000 

Tier 3 (natural person) .............................. 130,000 

Tier 3 (other person) ................................. 625,000 

42 U.S.C. 4012a(f)(5) ................................................................................................... Per violation .............................................. 385 

Per year .................................................... 125,000 

(b) The adjustments in § 19.240(a) 

apply to violations that occur after 

December 10, 2004.

Dated: November 3, 2004. 

Julie L. Williams, 

Acting Comptroller of the Currency.

[FR Doc. 04–24974 Filed 11–9–04; 8:45 am] 

BILLING CODE 4810–33–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18821; Airspace 

Docket No. 04–ACE–47] 

Modification of Class E Airspace; St. 

Francis, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at St. 

Francis, KS.

EFFECTIVE DATE: 0901 UTC, January 20, 

2005.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on September 24, 2004 (69 FR 

57170). The Federal Register

subsequently published a correction to 

the direct final rule on October 4, 2004 

(69 FR 59303). The FAA uses the direct 

final rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

January 20, 2005. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date.

Issued in Kansas City, MO on October 28, 

2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24976 Filed 11–9–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18820; Airspace 

Docket No. 04–ACE–46] 

Modification of Class E Airspace; 

Kennett, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Kennett, MO.

EFFECTIVE DATE: 0901 UTC, January 20, 

2005.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on September 28, 2004 (69 FR 

57839). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

January 20, 2005. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date.

Issued in Kansas City, MO on October 28, 

2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24975 Filed 11–9–04; 8:45 am] 

BILLING CODE 4910–13–M

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[R05–OAR–2004–WI–0001; FRL–7829–4] 

Approval and Promulgation of 

Implementation Plan; Wisconsin

AGENCY: Environmental Protection 

Agency (EPA).

65070 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

ACTION: Direct final rule.

SUMMARY: The EPA is approving 

revisions to Wisconsin’s State 

Implementation Plan (SIP) regarding the 

control of nitrogen oxide (NOX) 

emissions submitted on May 25,2004. 

On August 29, 2003, the EPA published 

a final rulemaking approving the 

emission averaging program for existing 

sources subject to the state’s rule 

limiting NOX emissions in southeast 

Wisconsin. The SIP revisions modify 

language to clarify which sources are 

eligible to participate in the NOX

emission averaging program. In 

addition, the revision creates a separate 

categorical emission limit for new 

combustion turbines burning 

biologically derived gaseous fuels.

DATES: This ‘‘direct final’’ rule is 

effective on January 10, 2005 unless 

EPA receives adverse written comments 

by December 10, 2004. If EPA receives 

adverse comment, 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–WI–

0001, 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, which are Monday 

through Friday, 8:30 a.m. to 4:30 

p.m.excluding Federal holidays. 

Instructions: Direct your comments to 

Regional Materials in Edocket (RME) ID 

No. R05–OAR–2004–WI–0001. 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 of which the 

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 Web site and the 

federal regulations.gov Web site 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 of which the 

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 Action Is EPA Taking Today? 

III. Why Is This Request Approvable? 

IV. Statutory and Executive Order Review

I. General Information 

A. Does This Action Apply to Me? 

This action is rulemaking on two 

revisions to the Wisconsin SIP for the 

control of NOX emissions from 

stationary sources as required by State 

rule NR 428. The rule applies to existing 

sources in eight of the counties in the 

Milwaukee-Racine area (Kenosha, 

Manitowoc, Milwaukee, Ozaukee, 

Racine, Sheboygan, Washington, and 

Waukesha counties), and to new sources 

in six of the eight counties (Kenosha, 

Milwaukee, Ozaukee, Racine, 

Washington, and Waukesha). 

One revision modifies language to 

clarify which units are eligible for 

demonstrating compliance through 

emissions averaging. The emissions 

averaging provisions apply only to 

existing electric utility boilers in the 

Milwaukee-Racine ozone nonattainment 

area (Kenosha, Manitowoc, Milwaukee, 

Ozaukee, Racine, Sheboygan, 

Washington, and Waukesha counties). 

The second revision creates a new NOX

categorical limit for newly installed 

combustion turbines burning 

biologically derived gaseous fuel. 

Sources affected by the new categorical 

NOX limit are landfill operations, 

wastewater treatment plants and 

digester facilities specifically designed 

to generate gaseous fuel. The new NOX

categorical limit for newly installed 

combustion turbines burning 

biologically derived fuel applies only to 

new sources located in Kenosha, 

Milwaukee, Ozaukee, Racine, 

Washington, and Waukesha counties in 

southeastern Wisconsin. The revisions 

have been adopted into the state 

administrative code and became 

effective on January 1, 2004. 

B. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. The Regional Office has established 

an official public rulemaking file for this 

action that is available both 

electronically and in hard copy form at 

the Regional office. The electronic 

public rulemaking file can be found 

under Regional Material in Edocket 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65071

(RME) ID No. R05–OAR–2004–WI–0001. 

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 hard copy 

version of the official public rulemaking 

file 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 in 

the format that EPA receives them, 

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. 

C. 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–WI–0001’’ 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 Action Is EPA Taking Today?

EPA is approving, as part of the 

Wisconsin ozone SIP, certain sections of 

Wisconsin rule NR 428, Control of 

Nitrogen Oxide Emissions. These 

revisions refer to the addition of 

language to clarify which sources are 

eligible to participate in the emissions 

averaging program. 

In addition EPA is approving 

language that creates a separate 

categorical emission limit for new 

combustion turbines burning 

biologically derived gaseous fuel. 

Clarification of Emissions Averaging 

Eligible Sources 

The current version of NR 428 

contained in the SIP allows utilities to 

demonstrate compliance with NOX

emission limitations by averaging 

emissions over multiple units. The rule 

defines eligible units through the 

combination of two provisions. NR 

428.06(2)(a), the introduction to the 

averaging program, specifies that a unit 

must be subject to emission limitations 

for existing units under NR 428.03. NR 

428.06(2)(e)3 specifies that, to be 

eligible for the averaging program a unit 

must be allotted a portion of the total 

15,912 tons of NOX emissions allocated 

by the department based on fuel 

consumption for 1995 through 1997. 

This mass of NOX emissions is the 

quantity determined by the Wisconsin 

Department of Natural Resources for 

electric utility units with emission 

limitations under NR 428.03 and which 

have operated in the ozone 

nonattainment area during the 1995 to 

1997 time frame. Through these two 

provisions the affected sources are 

defined as 17 units at five facilities in 

the nonattainment area, owned by WeEnergies, Alliant Energy, and Wisconsin 

Public Service. 

Section NR 428.06(2)(a) is amended to 

specify that an eligible unit must be 

subject to the emission limitations for 

utility boilers under NR 428.03(a). The 

amendment eliminates the need to 

reference two provisions in determining 

eligible sources. 

Eligible sources must still receive a 

proportion of the total 15,912 tons of 

NOX emissions as stated under the NR 

428.06(2)(e)3. This revision does not 

change the population of the sources 

currently eligible under the existing SIP. 

Categorical NOX Emission Limit for 

Newly Installed Combustion Turbines 

Fired With Biologically Derived Gaseous 

Fuel 

In this SIP revision, EPA is also 

approving a new categorical NOX

emission limit for newly installed 

combustion turbines burning 

biologically derived gaseous fuel. This 

section of the rule applies to new 

sources installed after January 1, 2004, 

in six of the eight counties of the 

Milwaukee-Racine ozone nonattainment 

area: Kenosha, Milwaukee, Ozaukee, 

Racine, Washington, and Waukesha. 

The Wisconsin Department of Natural 

Resources (DNR) created this new 

categorical NOX emission limit because 

sources looking to install new 

combustion turbines would not be able 

to comply with the limit for natural gasfired units that would otherwise apply 

under the provision of NR 

428.04(2)(g)(1)(c). Currently, a newly 

installed simple cycle combustion 

turbine with a maximum design output 

less than 40 megawatts and burning 

biologically derived gaseous fuel is 

subject to the SIP emission limitation of 

25 parts per million (ppmdv) of NOX at 

15 percent oxygen under NR 

428.04(2)(g)(1)(c), which was 

established for burning any type of 

‘‘gaseous fuel’’. In the original 

development of NR 428, the Wisconsin 

DNR anticipated biologically derived 

gaseous fuels being combusted in 

reciprocating engines and not in a 

combustion turbine. Therefore, 

biologically derived gaseous fuels were 

not addressed in establishing the 

combustion turbine emission limit of 25 

ppmdv of NOX at 15 percent oxygen. 

Instead, the emission limit was 

established based solely on the 

combustion of fossil gaseous fuels such 

as natural gas or propane. 

The Wisconsin DNR has determined 

that a separate categorical standard of 35 

ppmdv at 15 percent oxygen is 

appropriate for a combustion turbine 

burning landfill gas or any other 

biologically derived fuel. Comparable 

alternatives of controlling emissions 

from sources that generate biologically 

derived gaseous fuel, as currently 

allowed under the SIP, are likely to 

result in greater NOX emissions than the 

combustion turbine. Landfills and 

wastewater digester plants generate 

biologically derived gaseous fuel as a 

by-product. Instead of destroying the gas 

65072 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

by flaring, these facilities prefer to 

generate electricity to drive their 

pumping and gas collection systems. 

The units capable of burning the 

biologically derived gaseous fuel and 

generating electricity are either a 

combustion turbine or spark ignition 

reciprocating engine. However, the 

actual NOX emission rate of the 

reciprocation engine is significantly 

higher than the new categorical limit of 

the combustion turbine. 

The use of a combustion turbine’s 

higher energy efficiency and lower 

overall emissions potentially results in 

further environmental benefit. First, the 

turbine generates energy more 

efficiently than a reciprocating engine or 

power boiler burning biologically 

derived fuel. Second, the additional 

generated electricity for the same unit of 

fuel can potentially offset emissions 

from traditional electricity sources. (e.g.

coal-fired utility plants). 

Therefore, the Wisconsin DNR has 

concluded that implementation of a 

separate categorical limit is necessary 

for the continued or increased use of 

combustion turbines firing biologically 

derived gaseous fuel. In addition, this 

action is likely to result in lower NOX

emissions than originally allowed in the 

ozone attainment demonstration 

submitted to EPA in December, 2000. 

See 66 FR 56931, November 13, 2001. 

The new categorical NOX limit is 

expressed for both a simple cycle and 

combined cycle combustion turbine 

configuration.

The limit is placed in the section of 

NOX emission limits for combustion 

turbines under provision NR 

428.04(2)(g)4 as follows. 

NR 428.04(2)(g)4. ‘Units fired by a 

biologically derived gaseous fuel.’ No 

person may cause, allow or permit 

nitrogen oxides to be emitted from a 

biologically derived gaseous fuel fired 

combustion turbine in amounts greater 

than those specified in this subdivision. 

a. 35 parts per million dry volume 

(ppmdv), corrected to 15% oxygen, on 

a 30-day rolling average basis for a 

simple cycle combustion turbine. 

b. 35 parts per million dry volume 

(ppmdv), corrected to 15% oxygen, on 

a 30-day rolling average basis for a 

combined cycle combustion turbine. 

With the creation of the new 

categorical emission limit, this revision 

amends the introductory language under 

provision NR 428.04(2)(g)(1), to 

acknowledge that combustion turbines 

only burning biologically derived 

gaseous fuel are not subject to the more 

stringent general emission limitations 

for burning any type of ‘‘gaseous fuels’’. 

The amended language references the 

newly created subparagraph 4 and 

reads:

NR 428.04(2)(g)1. (intro.) ‘Gaseous fuelfired units.’ Except as provided in 

subds. 3. and 4., no person may cause, 

allow or permit nitrogen oxides to be 

emitted from a gaseous fuel-fired 

combustion turbine in amounts greater 

than those specified in this subdivision.

Biologically derived gaseous fuel is 

defined under the newly created 

provision NR 428.02(1). The current 

provision of NR 428.02(1) is 

renumbered to NR 428.02(2). The newly 

created definition is as follows:

NR 428.02(1) ‘‘Biologically derived 

gaseous fuel’’ means a gaseous fuel 

resulting from biological processing of a 

carbon-based feedstock.

Units subject to the new categorical 

limit for combustion turbines burning 

biologically derived gaseous fuel must 

meet the same compliance, monitoring, 

and reporting requirements established 

for all other new sources. These 

requirements have already been 

determined appropriate for combustion 

turbines and approved by EPA in the 

Wisconsin SIP. 

EPA’s review of the revisions to 

Wisconsin’s SIP regarding the control of 

NOX emissions is contained in a 

technical support document available 

from EPA Region 5, according to 

previously described procedures in 

‘‘Section I.B.’’ of this notice. 

III. Why Is the Request Approvable? 

EPA has concluded that the 

modification to Wisconsin’s NOX SIP to 

clarify those units eligible for 

demonstrating compliance through 

emission averaging does not change the 

population of sources currently eligible 

under the existing SIP. The approval of 

the new categorical NOX emission limit 

will have no negative impact on the 

Wisconsin one-hour ozone attainment 

demonstration SIP. The new categorical 

standard will not result in any increase 

in overall NOX emissions. To the 

contrary, this action is anticipated to 

reduce NOX emission levels on a sourceby-source basis below those allowed by 

the December 2000 SIP. The comparable 

alternative for burning biologically 

derived fuel is a spark ignition 

reciprocating engine with a higher NOX

emission rate than the new categorical 

standard for combustion turbines. In 

addition, there is a general 

environmental benefit due to the use of 

combustion turbines, in most cases, 

generating energy (electricity and steam) 

more efficiently than reciprocating 

engines or power boilers. 

IV. 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 (Public Law 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, 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65073

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. 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 January 10, 2005. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxide, Ozone.

Dated: October 8, 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 YY—Wisconsin

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(111)to read as 

follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(111) On May 25, 2004, Lloyd L. 

Eagan, Director, Wisconsin Department 

of Natural Resources, submitted a 

revision to its rule for control of 

nitrogen oxide emissions as a requested 

revision to the Wisconsin State 

Implementation Plan. The revision 

modifies language to clarify which 

sources are eligible to participate in the 

NOX emission averaging program to 

demonstrate compliance as part of the 

one-hour ozone attainment plan 

approved by EPA for the MilwaukeeRacine ozone nonattainment area 

(Kenosha, Manitowoc, Milwaukee, 

Ozaukee, Racine, Sheboygan, 

Washington, and Waukesha counties). 

The rule revision also creates a separate 

categorical emission limit for new 

combustion turbines burning 

biologically derived gaseous fuels. The 

new NOX categorical limit for newly 

installed combustion turbines burning 

biologically derived fuel applies only to 

new sources located in Kenosha, 

Milwaukee, Ozaukee, Racine, 

Washington, and Waukesha counties in 

southeastern Wisconsin. 

(i) Incorporation by reference. 

(A) NR 428.02(1)and (1m); NR 

428.04(2)(g)(1); NR 428.04(2)(g)(4); and 

NR 428.06(2)(a) as published in the 

(Wisconsin) Register, December 2003, 

No.576 and effective January 1, 2004.

[FR Doc. 04–24914 Filed 11–9–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0329; FRL–7684–2]

Hexythiazox; Pesticide Tolerances for 

Emergency Exemptions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes 

time-limited tolerances for combined 

residues of hexythiazox (trans-5-(4-

chlorophenyl)-N-cyclohexyl-4-methyl-2-

oxothiazolidine-3-carboxamide) and its 

metabolites containing the (4-

chlorophenyl)-4-methyl-2-oxo-3-

thiazolidine moiety in or on field corn 

grain, stover, and fodder. This action is 

in response to EPA’s granting of an 

emergency exemption under section 18 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on field 

corn. This regulation establishes 

maximum permissible levels for 

residues of hexythiazox in these food 

commodities. The tolerances will expire 

and are revoked on December 31, 2007.

DATES: This regulation is effective 

November 10, 2004. Objections and 

requests for hearings must be received 

on or before January 10, 2005.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under docket 

identification (ID) number OPP–2004–

0329. 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.,