Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70893

(18) Proceed northerly along the east 

line of T36S, R2E, to the northeast 

corner of T36S, R2E; then 

(19) Proceed westerly along the north 

line of T36S, R2E, to the northwest 

comer of T36S, R2E; then 

(20) Proceed northerly along the east 

line of T35S, R1E, to the northeast 

comer of T35S, R1E; then 

(21) Proceed westerly along the north 

line of T35S, R1E, to the northwest 

corner of T35S, R1E; then 

(22) Proceed northerly along the east 

line of T34S, R1W, to the northeast 

corner of T34S, R1W; then 

(23) Proceed westerly along the 

common boundary line of T34S–T33S to 

the northwest corner of T34S, R5W; 

then 

(24) Proceed northerly along the west 

line of T33S, R5W, to the JosephineDouglas County line; thence in a 

generally east, northeasterly direction 

along the county line to the intersection 

of R3W–R4W range line; thence north 

along the R3W–R4W range line 

approximately 11.8 miles to the 1,000-

foot contour line just south of State 

Route 227 southeast of the town of Days 

Creek; then 

(25) Proceed in an easterly, westerly, 

and eventually northerly along the 

1,000-foot contour line, crossing to the 

Roseburg map from the Medford map, to 

a point approximately 3.5 miles east of 

Dillard, where the contour line crosses 

Interstate 5 on the Roseburg map; thence 

northeast along Interstate 5 

approximately 0.25 mile, returning to 

the 1,000-foot contour line; thence in a 

generally northeasterly, southeasterly, 

northwesterly, and eventually 

northeasterly along the 1,000-foot 

contour line past the town of Idleyld 

Park to the R2W–R3W range line; then 

(26) Proceed north along range line 

R2W–R3W approximately 1.75 miles to 

the T25S–T26S township line; thence 

west along township line T25S–T26S 

approximately .25 mile, returning to the 

1,000-foot contour line; thence in a 

generally westerly and then a northerly 

direction along the 1,000-foot contour 

line toward the valley of Calapooya 

Creek to the R3W–R4W range line; 

thence north along range line R3W–

R4W approximately 2.25 miles, back to 

the 1,000-foot contour line; then 

(27) Proceed in a westerly and then a 

northerly direction along the 1,000-foot 

contour line to the T23S–T24S 

township line, then east along the 

T23S–T24S township line 

approximately 2.75 miles to the 1,000-

foot contour line; then in a northerly 

direction along the 1,000-foot contour 

line to its intersection with the DouglasLane County line; thence north along 

the county line approximately 0.75 mile 

to the beginning point.

Signed: November 1, 2004. 

Arthur J. Libertucci, 

Administrator.

Dated: November 29, 2004. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy).

[FR Doc. 04–26865 Filed 12–7–04; 8:45 am] 

BILLING CODE 4810–31–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R03–OAR–2004–PA–0003; FRL–7845–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC Requirements for 

Portable Fuel Containers

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). The revisions pertain to new 

requirements to control volatile organic 

compound (VOC) emissions from 

portable fuel containers. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA).

DATES: This rule is effective on February 

7, 2005 without further notice, unless 

EPA receives adverse written comment 

by January 7, 2005. 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–PA–0003 by one of the following 

methods: 

A. Federal eRulemaking Portal:

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

on-line 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–PA–0003, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, 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–PA–0003. 

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 websites 

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 email 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 

70894 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez at(215) 814–2178, or 

by e-mail at fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

In December 1999, EPA identified 

emission reduction shortfalls in several 

severe 1-hour ozone nonattainment 

areas, including those located in the 

Ozone Transport Region (OTR). States 

were required to address the shortfalls 

in those areas. The Ozone Transport 

Commission (OTC) developed model 

rules to reduce VOCs for a number of 

source categories. One of the model 

rules is to reduce VOC emissions from 

portable fuel containers. The OTC 

model rules are based on existing rules 

developed by the California Air 

Resources Board (CARB), which were 

analyzed and modified by OTC-formed 

workgroups to address emission 

reduction needs in the OTR. Adoption 

and implementation of these model 

rules by the OTR member states is 

intended to attain and maintain the 1-

hour ozone standard and reduce 8-hour 

ozone levels. 

II. Summary of SIP Revision 

On March 26, 2003, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a formal revision to 

its SIP. The SIP revision consists of new 

regulation Chapter 130, Subchapter A. 

Portable Fuel Containers, Sections 

130.101 through 130.108. This 

regulation applies statewide to any 

person who sells, supplies, offers for 

sale, or manufactures for sale portable 

fuel containers and/or spill-proof fill 

spouts for use in Pennsylvania on or 

after January 1, 2003. 

This regulation requires each portable 

fuel container and/or spill-proof fill 

spout to meet the following 

requirements: (1) Have an automatic 

shut-off to prevent overfill during 

refueling, (2) have automatic closing 

and sealing of the container and/or 

spout when not dispensing fuel, (3) 

have only one opening for both filling 

and pouring, (4) have a minimum flow 

rate and fill level, (5) meet a permeation 

standard, (6) have a manufacturer’s 

warranty against defects, and (7) clearly 

display a label with the date of 

manufacture and identifying the 

container and/or spout as a spill proof 

system. Also included in the regulation 

are provisions for exemptions, 

innovative procedures, administrative 

requirements, variances, and 

compliance testing procedures. 

III. Final Action 

EPA is approving a revision to the 

Pennsylvania SIP that adds new 

regulation Chapter 130, Subchapter A. 

Portable Fuel Containers, Sections 

130.101 through 130.108 to reduce VOC 

emissions from portable fuel containers 

as a SIP strengthening measure. 

Implementation of this rule will result 

in statewide emission reductions, and 

will help the Philadelphia-WilmingtonTrenton nonattainment area to attain the 

1-hour ozone standard. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on February 7, 2005 without 

further notice unless EPA receives 

adverse comment by January 7, 2005. 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.

IV. 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 

(Public Law 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 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70895

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 February 7, 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 to 

approve the Pennsylvania control 

requirements for portable fuel 

containers 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds.

Dated: November 24, 2004. 

Donald S. Welsh, 

Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart NN—Pennsylvania

■ 2. Section 52.2020 is amended by 

adding paragraph (c)(229) to read as 

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(229) Revisions to the Pennsylvania 

Regulations, Chapter 130, Subchapter A 

pertaining to volatile organic compound 

control requirements for portable fuel 

containers submitted on March 26, 2003 

by the Pennsylvania Department of 

Environmental Protection. 

(i) Incorporation by reference. 

(A) Letter of March 26, 2003 from the 

Pennsylvania Department of 

Environmental Protection transmitting 

the Pennsylvania regulations for 

portable fuel containers. 

(B) 25 Pa Code Chapter 130 

Subchapter A. Portable Fuel Containers, 

Sections 130.101–130.108, inclusive, 

effective on October 5, 2002. 

(ii) Additional Material. Remainder of 

the State submittal pertaining to the 

revisions listed in paragraph (c)(229)(i) 

of this section.

[FR Doc. 04–26941 Filed 12–7–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R03–OAR–2004–PA–0004; FRL–7845–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC Requirements for 

Consumer Products

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). The revisions pertain to new 

control requirements to reduce volatile 

organic compounds (VOCs) from 

consumer products. EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA).

DATES: This rule is effective on February 

7, 2005 without further notice, unless 

EPA receives adverse written comment 

by January 7, 2005. 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–PA–0004 by one of the following 

methods: 

A. Federal eRulemaking Portal:

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

on-line 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–PA–0004, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, 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–PA–0004. 

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 websites 

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 email 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.