67578 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Notices 

the OMB Inventory of Approved ICR 

Burdens. This increase is due to a 

correction in the estimated number of 

existing affected sources.

Dated: November 8, 2004. 

Oscar Morales, 

Director, Collection Strategies Division.

[FR Doc. 04–25621 Filed 11–17–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7837–8] 

Announcement of the Delegation of the 

Title V Permitting Program, Consistent 

With Federal Operating Permit 

Programs to the Navajo Nation 

Environmental Protection Agency and 

the Suspension of Federal Operating 

Permit Program Fee Collection by EPA 

for Sources Covered by the Delegation 

of Authority Agreement

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Informational notice.

SUMMARY: The purpose of this notice is 

to announce that on October 15, 2004, 

EPA granted the Navajo Nation 

Environmental Protection Agency’s 

(NNEPA) request for full delegation of 

authority to administer the Clean Air 

Act’s (the Act) federal operating permits 

program. Under this delegation, NNEPA 

will issue and implement Title V 

operating permits for certain air 

pollution sources located within the 

formal boundaries of the Navajo Nation 

reservation and certain off-reservation 

Tribal Trust lands and will otherwise 

administer the program. The terms and 

conditions of the full delegation are 

specified in a Delegation of Authority 

Agreement (‘‘Agreement’’) between EPA 

Region IX and NNEPA, signed and 

dated on October 15, 2004. Region IX is 

also simultaneously suspending its 

collection of Part 71 fees, pursuant to 40 

CFR 71.9(c)(2)(ii), for sources identified 

in this notice or otherwise covered by 

the Agreement.

EFFECTIVE DATES: The effective date for 

the Agreement between EPA and 

NNEPA, and EPA’s suspension of its 

Part 71 fee collection for sources 

identified in this notice or otherwise 

covered by the Agreement, is October 

15, 2004.

ADDRESSES: Copies of the letter 

requesting delegation of authority to 

administer the federal operating permits 

program and the Agreement between 

EPA and NNEPA are available for public 

inspection at EPA’s Region IX Office, 75 

Hawthorne Street, San Francisco, CA 

94105 and at the Navajo Nation 

Environmental Protection Agency Air 

Quality Control Program Office, Rt. 12 

North/Bldg #F004–051, Fort Defiance, 

AZ 86504. Effective October 15, 2004, 

all notifications, requests, applications, 

reports and other correspondence 

required under 40 CFR Part 71 for all 

Part 71 sources identified in this notice 

or otherwise covered by the Agreement 

shall be submitted to NNEPA’s Air 

Quality Control Program Office at the 

following address: Navajo Nation Air 

Quality Control Program Office, P.O. 

BOX 529 Fort Defiance, AZ 86504 Attn: 

Chris Lee. Sources will also remain 

obligated to submit copies of such 

documents to EPA as set forth in the 

terms and conditions of their Part 71 

permits and consistent with Section 

VII(2) of the Agreement.

FOR FURTHER INFORMATION CONTACT:

Emmanuelle Rapicavoli, Permits Office 

(AIR–3), 75 Hawthorne Street, San 

Francisco, CA 94110, Telephone: 415–

972–3969, e-mail: 

rapicavoli.emmanuelle@epa.gov.

SUPPLEMENTARY INFORMATION: The 

purpose of this notice is to announce 

that on October 15, 2004, EPA granted 

NNEPA’s request for full delegation of 

authority to administer the Part 71 

federal operating permits program for 

certain Part 71 sources. The Act and its 

implementing regulations under Part 71 

authorize EPA to delegate authority to 

administer the Part 71 program to any 

eligible Tribe that submits a 

demonstration of adequate regulatory 

procedures and authority for 

administration of the Part 71 operating 

permits program. 

In order to be considered an ‘‘eligible 

tribe,’’ the NNEPA submitted, on June 

17, 2004, an application for a 

determination, under the provisions of 

the Tribal Authority Rule (TAR), 40 CFR 

Part 49, that it is eligible to be treated 

in the same manner as a state for the 

purpose of receiving delegation of 

authority to administer the federal Part 

71 operating permit program. The 

application excluded the Four Corners 

Power Plant and the Navajo Generating 

Station. Region IX reviewed NNEPA’s 

application and determined that it met 

the four criteria for eligibility, identified 

in 40 CFR 49.6, for the sources 

described, and was thus eligible for 

entering into a delegation agreement 

with Region IX to administer the Part 71 

program. Region IX’s eligibility 

determination was signed on October 

13, 2004. 

On July 16, 2004, NNEPA submitted 

a request to the Region to delegate the 

administration of the federal Part 71 

program for certain Part 71 sources. The 

area included in the request, herein 

called the ‘‘Delegated Program Area,’’

includes all lands within the formal 

boundaries of the Navajo Nation 

Reservation and the satellite 

reservations of Alamo, Canoncito and 

Ramah and Tribal trust lands located 

outside of the formal reservations in the 

Eastern Agency, excluding the Bennet 

Freeze area. 

As part of its request, NNEPA 

submitted a legal opinion from its 

attorney general stating that the Navajo 

Nation Air Pollution Prevention and 

Control Act and the Navajo Nation Air 

Quality Control Program Operating 

Permit Regulations provide it adequate 

authority to carry out all aspects of the 

delegated program. NNEPA provided all 

necessary documentation to 

demonstrate that it has adequate 

authority and adequate resources to 

administer the Part 71 federal 

permitting program. 

Pursuant to 40 CFR 71.10(b), EPA 

hereby notifies the public that effective 

October 15, 2004, it has granted 

NNEPA’s request and is fully delegating 

the authority to administer the federal 

operating permits program as set forth 

under 40 CFR Part 71 and in the 

Agreement. The terms and conditions 

for full delegation are specified in the 

Agreement between EPA Region IX and 

NNEPA signed and dated on October 15, 

2004. 

The Agreement applies to all new and 

existing sources within the Delegated 

Program Area except the Four Corners 

Power Plant and the Navajo Generating 

Station, for which Region IX retains sole 

authority to regulate under Title V. The 

existing Part 71 sources covered by the 

Agreement are the following: the El Paso 

Natural Gas Window Rock Compressor 

Station, the El Paso Natural Gas White 

Rock Compressor Station, the El Paso 

Natural Gas Navajo Compressor Station, 

the El Paso Natural Gas Leupp 

Compressor Station, the El Paso Natural 

Gas Dilkon Compressor Station, the 

Transwestern Pipeline Klagetoh 

Compressor Station, the Transwestern 

Pipeline Leupp Compressor Station, El 

Paso Natural Gas Gallup Compressor 

Station, the Conoco Phillips Wingate 

Fractionating Plant, Peabody Western 

Coal Company’s Black Mesa Complex, 

the Chevron-Texaco Aneth Gas Plant, 

and the Exxon-Mobil McElmo Creek 

Unit. The Agreement also applies to all 

new Part 71 sources which will 

construct and operate within the 

Delegated Program Area as well as 

existing sources in the Delegated 

Program Area which later become 

subject to Part 71. 

If, at any time, EPA determines that 

NNEPA is not or cannot adequately 

Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Notices 67579

administer the requirements of Part 71 

or fulfill the terms of the Agreement, 

this delegation may be revoked, in 

whole or in part, pursuant to 40 CFR 

71.10(c). Under this delegation, EPA 

retains its authority to (1) object to the 

issuance of any Part 71 permit, (2) act 

upon petitions submitted by the public, 

and (3) collect fees from all owners or 

operators of sources described in the 

Agreement and subject to 40 CFR Part 

71 if it is demonstrated that NNEPA is 

not adequately administering the Part 71 

program in accordance with the 

Agreement, 40 CFR Part 71, and/or the 

Act. Because EPA is retaining its 

authority to act upon petitions 

submitted pursuant to 40 CFR 71.10(h) 

and 71.11(n), any such petitions must be 

submitted to Region IX following the 

procedures set forth in those 

regulations. 

EPA also notifies the public, pursuant 

to 40 CFR 71.9(c)(2)(ii), that effective 

October 15, 2004, it has suspended 

collection of its Part 71 permit fees for 

those Part 71 sources identified in this 

notice or otherwise covered by the 

Agreement. In delegating the 

administration of the Part 71 program, 

EPA has determined that NNEPA can 

collect fees under tribal law sufficient to 

fund the delegated Part 71 program and 

carry out the duties specified in the 

Agreement. EPA retains its authority to 

collect Part 71 fees if it is demonstrated 

that NNEPA is not adequately 

administering the Part 71 program in 

accordance with the Agreement, Part 71, 

and/or the Act.

Dated: October 26, 2004. 

Jane Diamond, 

Acting Regional Administrator, Region 9.

[FR Doc. 04–25624 Filed 11–17–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[Petition IV–2003–7; FRL–7838–5] 

Clean Air Act Operating Permit 

Program; Petition for Objection to 

State Operating Permit for Cargill, 

Inc.—Soybean Oil Mill; Gainesville 

(Hall County), GA

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of amended final order 

on petition to object to a state operating 

permit. 

SUMMARY: On October 19, 2004, EPA 

amended an order signed by the 

Administrator on July 16, 2004, partially 

granting and partially denying a petition 

to object to a state operating permit 

issued by the Georgia Environmental 

Protection Division (EPD) to Cargill, 

Inc.—Soybean Oil Mill (Cargill) located 

in Gainesville, Hall County, Georgia, 

pursuant to title V of the Clean Air Act, 

42 U.S.C. 7661–7661f. The July 16, 2004 

Order was amended to delete two 

references to a cement kiln in Section 

IV.A. The deletions were made because: 

(1) The citation for the cement kiln 

reference on page 6 of the original Order 

was incorrect. The reference originally 

cited to Petitioners’ Consultant’s Report: 

the Letter from Bill Powers, P.E. of 

Powers Engineering to Curtis Cox of 

Georgia Center for Law in the Public 

Interest (GCLPI) (October 3, 2002). 

While the actual date for the Powers 

Report was October 3, 2003, the correct 

citation to the cement kiln reference 

should have been to Cargill’s 

Consultant’s July 17, 2002 Report: Letter 

from Todd Cloud of Trinity Consultants 

to Mr. James Capp of EPD (July 17, 

2002); and 

(2) In re-reviewing the correct permit 

record document relating to the cement 

kiln reference on page 6 of the original 

Order, EPA has become concerned that 

the cement kiln information contained 

in the July 17, 2002 Letter from Todd 

Cloud of Trinity Consultants to Mr. 

James Capp of EPD may have been 

erroneously included in Trinity’s Report 

and may not be accurate as applied to 

Cargill’s Gainesville, Georgia facility.

The deletion of the two references to a 

cement kiln in Section IV.A does not 

impact or alter EPA’s original finding 

that the permit narrative and permit 

record provided little explanation for 

the numerical reasonable available 

control technology (RACT) limit chosen 

for boiler B001, nor does it impact or 

alter EPA’s original grant of the 

Petitioners’ claim that the narrative and 

permit record are inadequate on the 

numerical RACT limit for boiler B001.

ADDRESSES: Copies of the amended final 

order, the petition, and all pertinent 

information relating thereto are on file 

at the following location: EPA Region 4, 

Air, Pesticides and Toxics Management 

Division, 61 Forsyth Street SW., Atlanta, 

Georgia 30303–8960. The amended final 

order is also available electronically at 

the following address: http://

www.epa.gov/region7/programs/artd/

air/title5/petitiondb/petitions/

cargillamendment_

decision2003(amended).pdf.

FOR FURTHER INFORMATION CONTACT: Art 

Hofmeister, Air Permits Section, EPA 

Region 4, at (404) 562–9115 or 

hofmeister.art@epa.gov.

SUPPLEMENTARY INFORMATION: GCLPI 

originally submitted a petition on behalf 

of the Sierra Club to the Administrator 

on October 7, 2003, requesting that EPA 

object to a state title V operating permit 

issued by EPD to Cargill. The Petitioner 

maintains that the Cargill permit is 

inconsistent with the Act due to: (1) The 

inadequacy of EPD’s RACT 

determinations for various emission 

units; (2) the inadequacy of various 

monitoring and reporting requirements; 

(3) the inadequacy of the statement of 

basis; and (4) the permit’s inability to 

assure compliance.

Dated: November 10, 2004. 

A. Stanley Meiburg, 

Deputy Regional Administrator, Region 4.

[FR Doc. 04–25623 Filed 11–17–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7839–1] 

Science Advisory Board Staff Office; 

Notification of an Upcoming 

Teleconference of the Science 

Advisory Board Second Generation 

Model Advisory Panel

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: The EPA, Science Advisory 

Board (SAB) Staff Office announces a 

teleconference of the Second Generation 

Model Advisory Panel to discuss its 

plan for providing advice to EPA on this 

model.

DATES: A public teleconference of the 

SAB Second Generation Model 

Advisory Panel will be held from 2 p.m. 

to 5 p.m. Eastern time on December 2, 

2004.

FOR FURTHER INFORMATION CONTACT:

Members of the public who wish to 

obtain the call-in number and access 

code to participate in the teleconference 

may contact Dr. Holly Stallworth, EPA 

Science Advisory Board Staff (1400F), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone/voice 

mail: (202) 343–9867 or via e-mail at 

stallworth.holly@epa.gov.

Technical Contact: The technical 

contact in EPA’s Office of Atmospheric 

Programs for the Second Generation 

Model is Michael Leifman who can be 

reached at leifman.michael@epa.gov or 

202–343–9380.

SUPPLEMENTARY INFORMATION: 

Background: EPA’s Office of 

Atmospheric Programs had requested 

the SAB to provide advice on the 

Second Generation Model. The SAB 

Staff Office has formed a SAB Panel to